Agenda packet — Berkeley City Council, July 7, 2026 (part 1 of 3)

Tuesday, July 7, 2026 REVISED AGENDA Page 1

REVISED AGENDA
(REVISED TO ADD A TELECONFERENCE LOCATION AND
ADD CONTINUED ITEM FROM JUNE 30, 2026)

BERKELEY CITY COUNCIL MEETING
Tuesday, July 7, 2026
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 19-4178 WRIGHT ROAD, VOLCANO, HI 96785 TELECONFERENCE LOCATION - 45 KAI MALINA PARKWAY, LAHAINA, HI 96761 TELECONFERENCE LOCATION - 1027 BANCROFT WAY, BERKELEY, CA 94710

ADENA ISHII, MAYOR
COUNCILMEMBERS:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT

This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 165 854 9572. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

All Council meetings are recorded.

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

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

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

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

Rev - 1
Tuesday, July 7, 2026 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

1. Adjourn in Memory of Carl Anthony, Architect, Educator, and Community Leader City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

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

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

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

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

Rev - 2
Consent Calendar
Tuesday, July 7, 2026 REVISED AGENDA Page 3
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. FY 2027 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,029-N.S. adopting the FY 2027 Annual Appropriations Ordinance (AAO) in the amount of $921,596,116 (gross appropriations) and $795,829,332 (net appropriations).

First Reading Vote: All Ayes.

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

2. Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Computer Aided Dispatch (CAD) Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 114159-1 with Tyler Technologies, Inc. for the continued maintenance and support of the Computer Aided Dispatch (CAD) software and associated public safety systems, increasing the contract amount $750,000 for a revised total contract value not-to-exceed of $3,684,123, and extending the term of the contract for two additional years through June 30, 2028.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Rev - 3
Consent Calendar
Tuesday, July 7, 2026 REVISED AGENDA Page 4

3. Contract: Willdan Financial Services for Updates to Nexus Studies From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Willdan Financial Services, to make updates to five nexus studies in support of City development fees, in an amount not to exceed $80,115, and authorizing the City Manager to execute any amendments, extensions, or change orders until the project is completed.

Financial Implications: Various Funds - $80,115
Contact: Jordan Klein, Planning and Development, (510) 981-7400

4. Revenue Grant Agreements: 2024 and 2025 Edward J. Byrne Memorial Justice Assistance (JAG) for Berkeley Police Department Costs
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or designee to submit grant agreements to Alameda County Sheriff’s Office, to accept the grants, and execute any resultant revenue agreements and amendments to be used for funding overtime costs associated with focused crime suppression activities, community safety initiatives, and staffing for high impact community events.

1. Edward J. Byrne Justice Assistance Grant (JAG) 2024 Local in the projected amount of $40,714 with a 10% admin fee with a net allocation of $36,643 for the period of October 1, 2023 to September 30, 2027.

2. Edward J. Byrne Justice Assistance Grant (JAG) 2025 Local in the projected amount of $47,856 with a 10% admin Fee with a net allocation of $43,070 for the period to be determined at time of contract execution.

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

5. 2025 Annual Police Equipment Report
From: City Manager
Recommendation: Adopt a Resolution approving the 2025 Annual Police Equipment Report pursuant to Assembly Bill 481 and Berkeley Municipal Code

2.100.

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

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

Rev - 4
Action Calendar
Tuesday, July 7, 2026 REVISED AGENDA Page 5
Action items may be reordered at the discretion of the Chair with the consent of Council.

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

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

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

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

6. Ambulance Transport Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective July 1, 2026, for the Cities of Alameda, Albany, Berkeley, and Piedmont and to adjust the First Responder Fee. The increase would be included as an updated addendum to the Ambulance Provider Agreement, and rescinding Resolution 71,829–N.S.

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

7. Memorandum of Understanding (MOU) Compendium 2026: Agreements with Other Law Enforcement Agencies and Private Organizations From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution to:

1. Approve the MOU Compendium reflecting the current operational agreements between the Berkeley Police Department and other law enforcement agencies and private organizations.

2. Accept the Suspicious Activity Report (SAR).

3. Accept the Mutual Aid requests and responses report as submitted in accordance with existing City Council directives.

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

Rev - 5
Council Action Items
Tuesday, July 7, 2026 REVISED AGENDA Page 6

8. Large Vehicle Parking Regulations in the Public Right-of-Way (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Taplin (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Humbert (Co-Sponsors)
Recommendation: That the City Council:

1. Refer to the City Attorney and City Manager a Review of Amendments to the Berkeley Municipal Code (BMC) 12.98 to ensure the language authorizes the abatement of abandoned vehicles creating public health and safety nuisances in the public right-of-way, clarify the definition of "abandoned" vehicle, and increase the City Manager's discretion in the establishment of abatement timelines.

2. Refer to the City Manager the study of recently adopted legislation across the nine-county Bay Area regarding the management of long-term large vehicle parking in the public right-of-way. Based on this study, staff shall return to the City Council with draft policy and enforcement recommendations that are: a. Regionally consistent; b. Aligned with the City of Berkeley’s environmental, housing, and transportation priorities; c. Reflective of the City’s ability to enhance the impact and scale of its coordinated alternative housing initiatives via participation in a county- wide RV parking program or joining a comparable program maintained in a neighboring jurisdiction; and d. Operationally feasible given available outreach, enforcement, financial constraints, and site capacity. Including an examination of geographically targeted parking restrictions in high-sensitivity areas such as: a.

Manufacturing and industrial zones designated by an “M” zoning classification; and b. Environmentally sensitive water resources, including but not limited to open lagoons, riparian corridors, and critical stormwater infrastructure,

3. Request that the City Attorney and City Manager provide clarity and guidance on how the city’s encampment resolution policy intersects with the Berkeley Municipal Code in the absence of shelter availability.

4. Refer to the City Manager the drafting of an ordinance amending BMC Chapter

7.18.010 to authorize City Manager approval of contracts up to $250,000 for the abatement of abandoned, dismantled, or inoperative vehicles pursuant to BMC

12.98.040(A).

Policy Committee Recommendation: To send item to Council with a qualified positive recommendation to more clearly articulate guidance on the intersection of the proposed amendments with applicable State law.

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

Rev - 6
Council Action Items
Tuesday, July 7, 2026 REVISED AGENDA Page 7

9. Waterfront Specific Plan Environmental Review Authorization and Near-Term Priority Adjustments
From: Councilmember Taplin (Author)
Recommendation:

1. Authorize the City Manager to initiate environmental review of the Waterfront Specific Plan pursuant to the California Environmental Quality Act (CEQA) and to prepare a Program Environmental Impact Report (EIR), using Scenario 1 (Highest Buildout, approximately 1,215,000 gross square feet) as the maximum development alternative for purposes of the EIR’s environmental analysis and Project Description.

As staff noted in the November 18, 2024 Worksession Report, analyzing Scenario 1 for CEQA purposes preserves the Council’s full flexibility to scale the final plan to Scenario 2 or Scenario 3 at adoption, while ensuring no additional cost or delay would be incurred if the Council later wishes to pursue higher-density development.

2. Defer and hold in abeyance the November 18, 2024 Council direction to prepare a standalone nature-and-recreation-based conceptual plan for César E. Chávez Park, consistent with the ongoing administrative hold on that work pending resolution of environmental compliance obligations at the former landfill (City Manager Off- Agenda Memorandum, June 5, 2025). Incorporate the park’s long-term improvement priorities into the Waterfront Park (WP) zone provisions of the Waterfront Specific Plan as part of the EIR scoping process.

3. Refer $310,000 to the November 2026 AOO1 process to conduct the EIR.

4. Request that the City Manager return to Council with a certified EIR, a Final Waterfront Specific Plan, and companion Berkeley Municipal Code and General Plan amendments for adoption.

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

Action Calendar – New Business

10. Five-Year Street Rehabilitation and Measure FF Plans for Fiscal Years 2027- 2031
From: City Manager
Recommendation: Adopt a Resolution adopting the Five-Year Street Rehabilitation Plan for Fiscal Years 2027-2031 and the Measure FF 5-Year CIP Plan for Fiscal Years 2027-2031.

Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300

Rev - 7
Action Calendar – Continued Business
Tuesday, July 7, 2026 REVISED AGENDA Page 8
A. Placing an Ordinance Amending the Rent Stabilization Ordinance on the November 3, 2026 Ballot (Continued from June 30, 2026) (Item Contains Revised Material)
From: Councilmember Lunaparra (Author), Councilmember Tregub (Co- Sponsor), Mayor Ishii (Co-Sponsor)
Recommendation:
1) Adopt a Resolution submitting the 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.

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

Information Reports

11. FY 2026 Third Quarter Investment Report: Ended March 31, 2026 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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

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

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

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

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

Rev - 8

Tuesday, July 7, 2026 REVISED AGENDA Page 9
Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

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

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

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on July 2, 2026.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #10: Five-Year Street Rehabilitation and Measure FF Plans for Fiscal Years 2027-2031

1. Laura Fujii
Rev - 9

Tuesday, July 7, 2026 REVISED AGENDA Page 10

2. David Coolidge

3. Josie Gerst

4. Carol Hirth

5. Chris Baskett

6. Hanna Wodaje (4)

The House of Uncommon Grounds

7. Benjamin Raya

Renovations of Old City Hall

8. Eric Hyman

2920 Shattuck Avenue

9. Bonnie Mattison

Harrison Street

10. Alana Herron

11. Jahlee Arakaki

12. Lauren Parsons (2)

Father’s Day

13. Eid’s TV and Electronics

1130 Oxford Street

14. Sarah Pfeil

15. Richard Harris

16. Neal Sauer

North Waterfront Park

17. Jeff Malmuth

18. Jane Ann Fontenot and Bud Hensley

Zoning/Upzoning

19. Mariela Moreno

20. Maya Philipson (2)

21. Claire Mecredy (2)

World Cup Event

22. Andrea Gray

Advocating for Berkeley Residents

23. Friends of Adeline

Social Media Conduct

24. Vanessa Cordova (3)

25. Brent Blackaby
Rev - 10

Tuesday, July 7, 2026 REVISED AGENDA Page 11

Neighborhood Emergency Preparedness

26. David Peattie

Attorney General Letter

27. M. Eid Abdalla

Public Safety Concern

28. Oscar Fernandez

Forwards

29. Eid Abdallah (6)

30. Russbumper

E-Scooters

31. Robert Borghese (3)

32. Carson Lepre (2)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

Rev - 11
Rev - 12

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7170 E-Mail: [email protected]

REVISED AGENDA MATERIAL
for Supplemental Packet 2

Meeting Date: June 30, 2026

Item Number: 45

Item Description: Placing an Initiative Ordinance Amending the Rent Stabilization Ordinance on the November 3, 2026 Ballot

Submitted by: Councilmember Lunaparra (author), Councilmember Tregub (cosponsor), Mayor Ishii (cosponsor)

This supplemental item adds the ballot question drafted in consultation with the City Attorney’s Office and corrects inadvertent typographic errors.

The item amends the requirement to provide written notice of Golden Duplex status for Golden Duplex Tenancies, changing the date of commencement from July 1st, 2027 to December 1st, 2027. It clarifies that the condition of the Golden Duplex exemption is temporary (six months following the expiration of the lease term in effect) upon providing written notice of exemption.

Lastly, the item sets a maximum periodic rent increase of 10% without tying it to the maximum allowed under state law.

Attachments:

1. Amended Transmittal

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

Page 1 of 54 ends

Rev - 13

CONSENT CALENDAR
June 30, 2026
To: Honorable Members of the City Council

From: Councilmember Lunaparra (Author), Councilmember Tregub (cosponsor), Mayor Ishii (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, 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 of 10%, regardless of banked AGAs, tied to the maximum allowed under state law (currently 10%).
● Requires written notice of Golden Duplex status for Golden Duplex Tenancies commencing after December 1st, 2027. Conditions Golden Duplex exemption temporarily (six months following the expiration of the lease term in effect) on providing written notice of exemption.
● 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.

Page 2 of 54 ends

Rev - 14

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 Requires written notice of Golden Duplex status for Golden Duplex Tenancies. Conditions Golden Duplex
exemption temporarily (six months following the
expiration of the lease term in effect) on providing
written notice of exemption for tenancies commencing
after December 1, 2027 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 of 10%,
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.

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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

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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 (“Measure”), a copy of which is attached hereto as Exhibit A; and

WHEREAS, the Council desires to submit this measure 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 the 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 pursuant to Elections Code Sections 9222, 10002, 10400, and 10403, the City Council does hereby call an election on Tuesday, November 3, 2026 and requests that the Alameda County Board of Supervisors consolidate the election with the Statewide General Election on that same date in the manner and schedule established by Resolution No. 72,236-N.S. and submit the Measure to the qualified voters of the City, at the consolidated election.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 the 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 Measure shall be placed on the ballot for the consolidated election with the statement of the Measure to be printed in the ballot in the following form:

Shall the measure to make most rent control and registration exemptions inapplicable to units that were not exempt when the current tenancy began; condition the exemption for certain owner-occupied duplexes on the owner providing notice to new tenants; allow modification or waiver of fees for subsidized units owned or leased by nonprofits; change the annual registration deadline; limit annual rent increases to ten percent; and allow tenant associations in smaller properties, be adopted?
YES
NO

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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.

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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

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Rev - 19
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

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Rev - 20
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),

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Rev - 21
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

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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:

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Rev - 23
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.

For tenancies commencing on or after December 1, 2027, the landlord must provide the tenant written notice as part of their initial rental agreement that the residential property is exempt from this Chapter. Such notice shall be given in a form prescribed by Board regulation.

If a landlord fails to provide this notice of exemption in the initial rental agreement, the landlord may serve this notice at any other time during the course of the tenancy.

However, if the landlord provides the notice at any time following the initial rental agreement, the rental unit shall not become exempt under this section until six months following the expiration of the lease term in effect at the time the landlord serves the notice of exemption.

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

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Rev - 24
6 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;
(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

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7 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 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 Ju ly 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,

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8 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 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.

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9 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 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 Ju
ly 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:

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10 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 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.

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11 (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, 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.

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12 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 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.

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13 (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 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

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14 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 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.

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15 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 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.

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16 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
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.

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17 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 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

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18 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.
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.

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19 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 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

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20 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 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

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21 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.

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.

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ACTION CALENDAR
July 7, 2026
(Continued from 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.

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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

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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.

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

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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 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 obtain printing, supplies, and services as required.

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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 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 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

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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.

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

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.

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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.

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

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),

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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

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

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.

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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.

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.

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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.

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.

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

13.76.080 Rent registration.

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;

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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.

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.

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

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

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.

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.

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

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

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.

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

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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.

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

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

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,

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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.

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

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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

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

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

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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

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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

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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

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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

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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.

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).

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19 the Rent Board’s website.

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.

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.

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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.

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.

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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.

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Tuesday, July 7, 2026 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, July 7, 2026
6:00 PM

ADENA ISHII, MAYOR
COUNCILMEMBERS:

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

All Council meetings are recorded.

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

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Tuesday, July 7, 2026 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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Consent Calendar
Tuesday, July 7, 2026 AGENDA Page 3
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Consent Calendar

First Reading Vote: All Ayes.

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

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

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Consent Calendar
Tuesday, July 7, 2026 AGENDA Page 4

Financial Implications: Various Funds - $80,115
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

2.100.

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

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

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Action Calendar
Tuesday, July 7, 2026 AGENDA Page 5
Action items may be reordered at the discretion of the Chair with the consent of Council.

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

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

1. Approve the MOU Compendium reflecting the current operational agreements between the Berkeley Police Department and other law enforcement agencies and private organizations.

2. Accept the Suspicious Activity Report (SAR).

3. Accept the Mutual Aid requests and responses report as submitted in accordance with existing City Council directives.

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

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Council Action Items
Tuesday, July 7, 2026 AGENDA Page 6

4. Refer to the City Manager the drafting of an ordinance amending BMC Chapter

7.18.010 to authorize City Manager approval of contracts up to $250,000 for the abatement of abandoned, dismantled, or inoperative vehicles pursuant to BMC

12.98.040(A).

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

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Council Action Items
Tuesday, July 7, 2026 AGENDA Page 7

9. Waterfront Specific Plan Environmental Review Authorization and Near-Term Priority Adjustments
From: Councilmember Taplin (Author)
Recommendation:

3. Refer $310,000 to the November 2026 AOO1 process to conduct the EIR.

4. Request that the City Manager return to Council with a certified EIR, a Final Waterfront Specific Plan, and companion Berkeley Municipal Code and General Plan amendments for adoption.

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

Action Calendar – New Business

Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300

Information Reports

11. FY 2026 Third Quarter Investment Report: Ended March 31, 2026 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Public Comment – Items Not Listed on the Agenda

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Tuesday, July 7, 2026 AGENDA Page 8
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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Tuesday, July 7, 2026 AGENDA Page 9
If you have obtained interpretation services for your use during a City Council meeting and would like to request assistance, please contact the City Clerk Department at (510) 981 -6900, [email protected], or in-person during the meeting.

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

Mark Numainville, City Clerk

Item #10: Five-Year Street Rehabilitation and Measure FF Plans for Fiscal Years 2027-2031

1. Laura Fujii

2. David Coolidge

3. Josie Gerst

4. Carol Hirth

5. Chris Baskett

6. Hanna Wodaje (4)

The House of Uncommon Grounds

7. Benjamin Raya

Renovations of Old City Hall

8. Eric Hyman

2920 Shattuck Avenue

9. Bonnie Mattison

Harrison Street

10. Alana Herron

11. Jahlee Arakaki

12. Lauren Parsons (2)

Father’s Day

13. Eid’s TV and Electronics

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Tuesday, July 7, 2026 AGENDA Page 10

1130 Oxford Street

14. Sarah Pfeil

15. Richard Harris

16. Neal Sauer

North Waterfront Park

17. Jeff Malmuth

18. Jane Ann Fontenot and Bud Hensley

Zoning/Upzoning

19. Mariela Moreno

20. Maya Philipson (2)

21. Claire Mecredy (2)

World Cup Event

22. Andrea Gray

Advocating for Berkeley Residents

23. Friends of Adeline

Social Media Conduct

24. Vanessa Cordova (3)

25. Brent Blackaby

Neighborhood Emergency Preparedness

26. David Peattie

Attorney General Letter

27. M. Eid Abdalla

Public Safety Concern

28. Oscar Fernandez

Forwards

29. Eid Abdallah (6)

30. Russbumper

E-Scooters

31. Robert Borghese (3)

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Tuesday, July 7, 2026 AGENDA Page 11
• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

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

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

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Ordinance No. 8,029-N.S. Page 1 of 8
ORDINANCE NO. 8,029-N.S.

ADOPTING THE ANNUAL APPROPRIATIONS ORDINANCE BASED ON THE ADOPTED BUDGET FOR FISCAL YEAR 2027 AS PROPOSED BY THE CITY

MANAGER AND PASSED BY THE CITY COUNCIL
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2027 submitted by the City Manager and passed by the City Council be adopted as follows and as summarized in Exhibit A:

A. General Fund (Funds 001-099) 327,240,533
B. Special Funds (Funds 100-199) 218,939,270
C. Grant Funds (Funds 300-399) 53,177,554
D. Capital Projects Funds (Funds 500-550) 52,206,879
E. Debt Service Fund (Funds 551-599) 17,341,098
F. Enterprise Funds (Funds 600-669) 171,997,862
G. Internal Service Funds (Funds 146, 670-699) 61,359,860 H. Trust Funds (Funds 701-759) 213,777
H. Successor Agency (Funds 760-769) 57,120
I. Agency Funds (Funds 771-799) 7,763,308
J. Other Funds (Funds 800-899) 11,298,855
K. Total
Total General Fund 327,240,533
Add: Total Other Than General Fund 594,355,583
Gross Revenue Appropriated 921,596,116
Less: Dual Appropriations -67,208,538
Less: Revolving/Internal Service Funds -58,558,246
Net Revenue Appropriated 795,829,332
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:

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Ordinance No. 8,029-N.S. Page 2 of 8
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; PERS Savings Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; IT Cost Allocation Fund: Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; Marina Fund; Measure U1; Sick Leave Entitlement Fund; and Payroll Deduction Trust Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); and Health State Aid Realignment Fund; Measure U1.
c. From GF-Payroll Deduction Trust Fund to Employee Training Fund; General Fund d. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
e. From Measure U1 Fund to the Workers Compensation Fund. f. From the Catastrophic Reserve Fund to the Playground Camp Fund. g. From the Library Tax Fund to Library Reserves Fund.
h. From Gilman Sports Field Fund to Gilman Field Reserve Fund i. From Measure FF-Public Safety Fund to Paramedic Tax Fund. j. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
k. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
l. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
m. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
n. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. o. To Catastrophic Loss Fund from Permit Service Center Fund; and Unified Program (CUPA) Fund.

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Ordinance No. 8,029-N.S. Page 3 of 8
p. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
q. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
r. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
s. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
t. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
u. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina

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Ordinance No. 8,029-N.S. Page 4 of 8
Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
v. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
w. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital

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Ordinance No. 8,029-N.S. Page 5 of 8
Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
x. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street

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Ordinance No. 8,029-N.S. Page 6 of 8
Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund; PERS Savings; Sick Leave Entitlement.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a special meeting of the Council of the City of Berkeley held on June 23, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 8,029-N.S. Page 7 of 8
Attachment for Annual Appropriations Ordinance - Fiscal Year 2027

REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:

DUAL APPROPRIATIONS - WORKING BUDGET
Dual appropriations are identified with revenues generated by one fund and transferred to another fund. Both funds are credited with the applicable revenue, and the total is reflected in the "Less Dual Appropriations" in item I. The dual appropriations are:

Revolving/Internal Service Funds
Employee Training Fund 832,239
Equipment Replacement Fund 14,071,895
Equipment Maintenance Fund 11,072,559
Building Maintenance Fund 4,849,695
Central Services Fund 413,179
Workers' Compensation Fund 6,567,967
Public Liability Fund 3,760,097
16,990,615
Subtotal Revolving/Internal Service Funds 58,558,246$
Information Technology Fund
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 176,194
Street Light Assessment District Fund 165,368
Zero Waste Fund 3,054,931
Marina Enterprise Fund 484,283
Sanitary Sewer Fund 1,441,311
Clean Storm Water Fund 258,425
Permit Service Center Fund 2,782,679
Unified Program (CUPA) Fund 124,934
Subtotal Transfers to General Fund: 8,488,125$

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Ordinance No. 8,029-N.S. Page 8 of 8
6,600,000
2,454,237
500,000
Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 612,210 Transfer to Capital Improvement Fund (CIP) from General Fund 13,438,105 Transfer to Equipment Replacement Fund from General Fund 1,355,362 Transfer to Public Liability Fund from General Fund 3,446,161 Transfer to Catastrophic Loss Fund from General Fund 9,628,358 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 367,604 750,000
Transfer to Local Housing Trust Fund from Measure U1 Fund 1,855,000 Transfer to Library Reserve Fund from Lbrary-Tax Fund 8,772,214 Transfer to General Fund from Health State Aid Realignment Fund 2,821,293 757,925
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
1,080,728
273,854
Transfer to First Source Fund from Parks Tax Fund 41,438 Transfer to First Source Fund from Capital Improvement Fund 80,154 Transfer to Public Art Fund from Parks Tax Fund 72,516
Transfer to Public Art Fund from Measure FF-Streets 271,279 Transfer to Public Art Fund from Capital Improvement Fund 140,270 Subtotal Transfers to Other Funds: 58,720,413
Sub-Total Dual Appropriations 67,208,538$
Grand Total Dual Appropriations 125,766,784$
Transfer to GF Payroll Deduction Trust Fund from Sick Leave Entitlement Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer to General Fund from IT Cost Allocation Fund
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer from GF Payroll Deduction Trust Fund to Employee Training Fund Transfer to Animal Shelter Fund from General Fund
Transfer to PERS Savings Fund from General Fund

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EXHIBIT A
ERMA
Fund # Fund
FY 2027 Adopted
11 General Fund Discretionary 315,014,545
13 GF - Payroll Deduction Trust 750,000
16 Measure U1 - Housing 11,475,988
101 Library - Tax 38,873,066
102 Library - Trans Based 3,800,000
103 Library - Grants 110,000
104 Library - Friends & Gift 183,000
105 Library - Foundation 200,000
106 Asset Forefeiture 61,000
107 Special Tax Measure E 1,972,678
108 Workforce Investment 61,379
110 Sec 108 Loan Gty Asst. 1,183,612
111 Fund Raising Activities 258,662
113 Gilman Sports Field 345,014
115 Animal Shelter 2,818,172
116 Paramedic Tax 5,158,767
119 Domestic Violence Prev - Vit Stat 31,261
120 Affordable Housing Mitigation 25,347,986
121 Affordable Child Care 240,982
122 Inclusionary Housing Program 606,924
123 Condo Conversion 933,121
125 Playground Camp 5,591,322
126 State-Prop 172 Pub.Safety 303,150
127 State Transportation Tax 10,602,412
128 CDBG 3,234,680
129 Rental Housing Safety Program 2,508,173
131 Measure B - Bike & Pedestrian 42,396
133 Measure F Alameda County VRF St & Rd 749,879
134 Measure BB - Local St & Road 9,914,294
135 Meaure BB - Bike & Pedestrian 1,915,592
136 Measure BB - Paratransit 943,791
137 One-Time Funding 5,114,300
138 Parks Tax 26,089,319
139 Streets and Open Space Improvement (SOSIP) 2,800,000 140 Measure GG - Fire Prep Tax 5,738,458
142 Streetlight Assesment District 3,960,537
143 Berkeley Bus Ec Dev 156,387
145 Bayer-Miles Lab 100,000
146 Employee Training 832,239
147 UC Settlement 5,624,244
148 Cultural Trust 186,830
149 Private Party Sidewalks 300,000
150 Public Art Fund 162,252
152 Vital & Health Statistics Trust Fund 23,550

SUMMARY OF APPROPRIATIONS BY FUND

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EXHIBIT A
ERMA
Fund # Fund
FY 2027 Adopted

SUMMARY OF APPROPRIATIONS BY FUND
156 Hlth State Aid Realign Trust 5,419,935
157 Tobacco Cont.Trust 358,174
158 Mental Health State Aid Realign 4,008,124
159 Citizens Option Public Safety Trust 658,140
161 Alameda Cty Abandoned Vehicle Abatement 119,570
164 Measure FF - Public Safety 11,629,476
165 Fair Elections 672,470
166 Measure FF - Street Repair 27,180,781
302 Operating Grants - State 7,989,032
305 Capital Grants - Federal 500,000
306 Capital Grants - State 1,547,000
307 Capital Grants - Local 758,250
309 OTS DUI Enforcement Education Prg. 253,900
310 HUD/Home 1,595,935
311 ESG 226,367
312 Health (General) 2,638,541
313 Target Case Management Linkages 932,067
315 Mental Health Service Act 13,425,796
316 Health (Short/Doyle) 3,980,850
317 EPSDT Expansion Proposal 437,043
318 Alcoholic Bev Ctr OTS/UC 97,330
319 Youth Lunch 41,782
320 Sr. Nutrition Title III 246,233
321 CFP Title X 179,713
324 BUSD Grant 269,807
326 Alameda County Grants 621,735
328 Family Care Support Program 115,112
329 CA Integrated Waste Management 23,244
331 Housing Mitigation 1,345,533
333 CALHOME 202,744
334 CSBG 329,232
336 One-Time Grant: No Cap Exp 1,889,431
339 MTC 1,122,000
340 FEMA 3,249,982
341 Alameda Cty Waste Mgt. 500,000
343 State Dept Conserv/Recylg 32,000
347 Shelter+Care HUD 7,230,907
348 Shelter+Care County 1,024,051
349 JAG Grant 50,000
350 Bioterrorism Grant 321,938
501 Capital Improvement Fund 14,803,696
502 Phone System Replacement 449,408
503 FUND$ Replacement 2,159,869
504 PEG-Public, Education & Government 267,210

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EXHIBIT A
ERMA
Fund # Fund
FY 2027 Adopted

SUMMARY OF APPROPRIATIONS BY FUND
511 Measure T1 - Infra & Facil. 212,498
512 Measure O 34,314,198
552 09 Measure FF Debt Service 1,336,638
553 2015 GORBS 2,062,791
554 2012 Lease Revenue Bonds BJPFA 501,283
555 2015 GORBS - 2002 G.O. Refunding Bonds 381,552
556 2015 GORBS (2007, Series A) 143,615
557 2015 GORBS (2008 Measure I) 483,822
558 2010 COP (Animal Shelter) 140,085
559 Measure M GO Street & Water Imps 1,635,600
560 Infrastucture & Facilities Measure T1 3,752,681
561 Measure O - Housing Bonds 6,903,033
601 Zero Waste 64,052,954
608 Marina Operation 7,535,322
611 Sewer 41,215,597
612 Private Sewer Lateral FD 77,848
616 Clean Storm Water 9,876,763
621 Permit Service Center 28,635,790
622 Unified Program (CUPA) 1,172,868
627 Off Street Parking 7,700,602
631 Parking Meter 9,419,091
636 Building Purchases and Management 2,311,026
671 Equipment Replacement 14,071,895
672 Equipment Maintenance 11,072,559
673 Building Maintenance Fund 4,849,695
674 Central Services 413,179
676 Workers Compensation 6,567,967
678 Public Liability 3,760,097
679 Catastrophic Loss 3,447,023
680 IT Cost Allocation 16,990,615
706 Police Medical Trust Fund 48,281
721 Retiree Medical Trust Fund - BHA 2,970
722 Retiree Medical Trust Fund - IBEW 2,563
723 Retiree Medical Trust Fund - Local 1 22,595
724 Retiree Medical Trust Fund - Z1 Mgmt. 4,000
725 Retiree Medical Trust Fund - Z2 To Z6 12,000
726 Retiree Medical Trust Fund - Local 535 32,191
727 Retiree Medical Trust Fund - Local 790 37,106
731 Police EE Retiree Health Ast Plan 6,500
736 Fire Medical Trust Fund 45,571
762 Successor Agency - Savo DSF 57,120
774 Sustainable Energy - 2 17,038
776 Thousand Oaks Underground 97,006
777 Measure H - School Tax 500,000

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EXHIBIT A
ERMA
Fund # Fund
FY 2027 Adopted

SUMMARY OF APPROPRIATIONS BY FUND
778 Measure Q - CFD#1 Dis. Fire Protect Bond 108,850
779 Spl Tax Bds. CFD#1 ML-ROOS 779,811
780 Sick Leave Entitlement 322,955
781 Berkeley Tourism BID 2,298,135
782 Elmwood Business Improvement District 30,000
783 Solano Ave BID 25,000
784 Telegraph Avenue Bus. Imp. District 667,525
785 North Shattuck BID 248,903
786 Downtown Berkeley Prop & Improv. District 2,668,086 801 Rent Board 11,298,855
GROSS EXPENDITURE: 921,596,116
Dual Appropriations (67,208,538)
Revolving & Internal Service Funds (58,558,246)

NET EXPENDITURE: 795,829,332

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

CONSENT CALENDAR
July 7, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Computer Aided Dispatch (CAD) Software

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 114159-1 with Tyler Technologies, Inc. for the continued maintenance and support of the Computer Aided Dispatch (CAD) software and associated public safety systems, increasing the contract amount $750,000 for a revised total contract value not-to-exceed of $ 3,684,123, and extending the term of the contract for two additional years through June 30, 2028.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the extension of CAD licenses and maintenance is included in the Fiscal Year (FY) 2027 and FY 2028 General Fund (Fund 011) IT software maintenance budget.

Spending in future years remains subject to City Council’s approval of the citywide budget and annual appropriation ordinances.

CURRENT SITUATION AND ITS EFFECTS
The City utilizes Tyler Technologies’ New World Public Safety System as the core platform supporting Police operations, Fire response, and all 911 emergency communications. This system serves as the operational backbone for public safety, enabling dispatchers and first responders to receive, process, and respond to emergency calls in real time.

The software suite integrates multiple critical functions, including Computer Aided Dispatch (CAD), Law Enforcement Records Management (LERMS), Jail Management, Mobile Field Reporting, and Mobile Data Terminals (MDTs) deployed across police and fire vehicles. Together, these systems provide a unified environment for managing emergency incidents, coordinating field response, and maintaining accurate records.

FY 2027 $375,000 Account No. 011-35-362-377-0000-000-412-613130- FY 2028 $375,000 Account No. 011-35-362-377-0000-000-412-613130- $750,000 Total FY 2027-FY 2028

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Contract No. 114159-1 Amendment: Tyler Technologies, Inc for CAD CONSENT CALENDAR July 7, 2026

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Because every 911 call placed within the City of Berkeley is processed through this system, its reliability and availability are essential to maintaining effective emergency response. Any disruption, whether due to system failure, lack of vendor support, or outdated software, would directly impact response times, coordination among first responders, and overall situational awareness during critical incidents.

Maintaining an active maintenance and support agreement ensures continuous system availability, timely security updates, regulatory compliance, and immediate access to vendor expertise in the event of system issues.

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

BACKGROUND
In 2006, City Council authorized the execution of a contract with New World Systems, Inc. for the acquisition and implementation of public safety hardware and software following a competitive Request for Proposal process. After extensive configuration, testing, and integration, the initial modules Computer Aided Dispatch and Mobile Data Terminals went live in April 2009.

Subsequent modules, including Records Management, Jail Management, and Mobile Field Reporting, were implemented between 2010 and 2011, significantly expanding system capabilities and enabling the transition from paper-based processes to a modern, electronic environment.

In 2015, Tyler Technologies acquired New World Systems, and the City’s contract was transitioned accordingly. Additional enhancements have since been implemented, including Mobile Ticketing, Fire field reporting modules, and system upgrades to support compliance with State and Federal requirements such as the Warren 911 Emergency Assistance Act and California Assembly Bill 1168.

In January 2024, the City completed a comprehensive upgrade of all New World system modules to the latest supported version, ensuring continued access to vendor support, enhanced functionality, and compliance with evolving regulatory requirements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Tyler New World system supports the City’s transition away from paper-based processes by enabling electronic records management and digital workflows across Police and Fire operations. This reduces paper consumption and improves operational efficiency.

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Contract No. 114159-1 Amendment: Tyler Technologies, Inc for CAD CONSENT CALENDAR July 7, 2026

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In addition, integration with GIS mapping systems enhances the accuracy of dispatch locations, reducing unnecessary travel and improving response efficiency. These improvements contribute to a more environmentally sustainable and operationally effective public safety infrastructure.

RATIONALE FOR RECOMMENDATION
The Tyler New World system is a mission-critical public safety platform that directly supports the City’s ability to respond to emergencies, coordinate field operations, and maintain compliance with regulatory requirements. The Computer Aided Dispatch system, in particular, is central to all 911 communications and serves as a critical component of the City’s Emergency Operations Center and disaster response framework.

Maintaining this system under an active support agreement ensures continued access to software updates, security patches, and vendor technical support. These services are essential for maintaining system reliability, protecting against cybersecurity threats, and ensuring uninterrupted emergency response capabilities.

If the City were to forgo this maintenance agreement, it would lose access to vendor support and updates, resulting in increased vulnerability to system failures, security risks, and potential non-compliance with State and Federal mandates. Over time, this would significantly degrade the City’s ability to provide timely and effective emergency services.

Given the system’s direct impact on life safety and emergency response, continued investment in maintenance and support is operationally necessary and aligns with the City’s strategic goal to create a resilient, safe, connected and prepared City.

ALTERNATIVE ACTIONS CONSIDERED
The alternative of not approving this amendment would result in the termination of vendor maintenance and support services. This would eliminate access to software updates, technical assistance, and security patches, increasing the likelihood of system failures and prolonged outages.

Without vendor support, the City would be required to rely on ad hoc or third-party solutions, which would likely result in higher costs, longer resolution times, and increased operational risk. Most importantly, this would negatively impact the City’s ability to deliver timely emergency response services to the community.

CONTACT PERSON
Kevin Fong, Director Information Technology, 510-981-6525 Attachments:
1: Resolution

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

CONTRACT NO. 114159-1 AMENDMENT: TYLER TECHNOLOGIES, INC. FOR

PROFESSIONAL SERVICES AND COMPUTER AIDED DISPATCH (CAD) SOFTWARE WHEREAS, the City of Berkeley utilizes the Tyler Technologies New World Public Safety System as the primary platform supporting Police, Fire, and 911 emergency communications; and
WHEREAS, this system is a mission-critical component of the City’s public safety infrastructure, enabling real-time emergency response and coordination of Police and Fire services; and
WHEREAS, with Council approval, the City has previously entered into and amended Contract No. 114159-1 with Tyler Technologies, Inc. for the provision of software licensing, maintenance, and support services; and
WHEREAS, the continued operation, maintenance, and vendor support of this system are essential to ensuring life safety services, regulatory compliance, and disaster response readiness; and
WHEREAS, funding for this contract amendment in the amount of $750,000 is available in the Fiscal Year 2027 and 2028 General Fund IT software maintenance budget.

Spending in future years remains subject to City Council’s approval of the Citywide budget and annual appropriation ordinances; and
WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 114159-1 with Tyler Technologies, Inc. to extend the term of the contract for two additional years through June 30, 2028, and to increase the contract amount by $750,000, for a revised total contract value not-to- exceed of $3,684,123.

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

CONSENT CALENDAR
July 7, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contract: Willdan Financial Services for Updates to Nexus Studies

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Willdan Financial Services, to make updates to five nexus studies in support of City development fees, in an amount not to exceed $80,115, and authorizing the City Manager to execute any amendments, extensions, or change orders until the project is completed.

FISCAL IMPACTS OF RECOMMENDATION
Contract costs will be apportioned based on the average annual revenues received over the previous five years from each of the five fees being studied under this contract:

Public Art on Private Development, Streets and Open Space Improvement Plan (SOSIP), Privately Owned Public Open Space (POPOS), Child Care Impact Fee for Commercial Projects, and Affordable Housing Impact fee on Commercial Projects.

Funds will be available in proportion to the amounts into which revenue from these development fees is received, as follows:

FUND Share Amount Funding Codes
Public Art 29% $ 23,233 148-21-208-252-0000-000-
446-612990
SOSIP 38% $ 30,444 139-54-622-662-0000-000-
431-612990-
POPOS 5% $ 4,006 139-54-622-662-0000-000-
431-612990-
Commercial Child
Care
6% $ 4,807 121-51-504-533-2074-000-
000-446-612990-
Commercial
Affordable Housing
22% $ 17,625 331-51-504-530-0000-000-
446-612990-

CURRENT SITUATION AND ITS EFFECTS
Cities are obligated under state law to periodically update the nexus studies which justify various kinds of development fees. A nexus study demonstrates the connection between the effects of a development project on a need or service which a jurisdiction

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Contract: Willdan for Updates to Nexus Studies CONSENT CALENDAR July 7, 2026

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provides. Updating nexus studies provides the justification for a City to charge a development fee to remediate the impacts from a development project, and establishes a range of fee rates which are reasonable for that purpose.

On February 24, 2026, the City Council approved a request for procurement authority under Specification No. 26-11783, authorizing a Request for Proposals (RFP) to select a vendor to update the nexus studies for the five different City development fee programs listed above. A different City fee, the Inclusionary Housing In-Lieu Fee, has already been updated separately and is not included in the proposed scope of work of this contract.

The City issued an RFP on March 3, 2026, and received two bids from firms to conduct the work to update the nexus studies. A panel was convened with representatives from the Planning and Development Department, the Public Works Department, the Health, Housing, and Community Services Department, and the City Manager’s Office representing the Civic Arts Program. The panel reviewed the submittals received, and found both firms to be well-qualified, but unanimously scored the bid from Willdan Financial Services the highest.

The scope of services under the proposed contract will include:
 Background research on the five fees and their original nexus studies and justifications.
 Comparison to similar fees set in neighboring jurisdictions.  New, methodologically sound nexus studies for each of the five fees demonstrating the needs which each fee seeks to address, the impacts on those needs by proposed new development projects, and the appropriate fee rates to mitigate a project’s impacts.
 A full report and summary of findings for the work performed.  Assistance with preparations to present the findings to the City Council, and availability to appear at such presentations upon request.

This project advances the City’s Strategic Plan goals to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities; and to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
California’s Mitigation Fee Act (Government Code § 66000 et seq.) requires local agencies charging development fees to publish certain information about those fees, including summaries of revenues collected and expenditures made in fulfilment of the

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Contract: Willdan for Updates to Nexus Studies CONSENT CALENDAR July 7, 2026

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purposes for which the fees are levied. State law AB 602, which became effective in January 2022, further mandated that nexus studies for such fees be updated within eight years, and the results be made publicly available. Successful conclusion of the scope of work in this proposed contract, and publication of the results on the City webpage, would bring the City of Berkeley into compliance with these mandates.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Many of the services delivered from revenues collected under these fee programs have positive effects on City sustainability metrics, including the promotion of urban infill housing, the maintenance of downtown infrastructure and amenities to support such housing, and the provision of open space, public art, and childcare resources to foster a more livable urban environment.

RATIONALE FOR RECOMMENDATION
Updating the justifications for City development fees will allow Berkeley to continue to receive revenues to mitigate the impacts of development on the City, and will allow Berkeley to be in compliance with AB 602 mandates prior to the 2030 deadline.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, (510) 981-7534 Jim Bondi, Associate Management Analyst, Planning and Development Department, (510) 981-7428
Attachments:
1: Resolution

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

CONTRACT: WILLDAN FINANCIAL SERVICES FOR UPDATES TO NEXUS STUDIES WHEREAS, the City of Berkeley levies fees to mitigate various kinds of impacts from development projects, including fees for Public Art on Private Development, for the Streets and Open Space Improvement Plan (SOSIP), for Privately Owned Public Open Space (POPOS), for Child Care Impacts from Commercial Projects, and for Affordable Housing Impacts from Commercial Projects; and
WHEREAS, state law and best practices require that the nexus studies which justify such fees be periodically updated and made publicly available; and WHEREAS, the City released a Request for Proposals under Specification No. 26-11783, seeking bids from firms to prepare updates to the nexus studies which support these five fees; and
WHEREAS, a panel of reviewers from multiple City departments scored the bids received, and unanimously recommended Willdan Financial Services as highly qualified and the best value to the City to perform the requested work; and WHEREAS, funding in the amount of $80,115 is available in the Public Art, SOSIP, POPOS, Commercial Child Care, and Commercial Affordable Housing Funds, to be apportioned in amounts reflective of the average annual revenue received in each Fund; and
WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with Willdan Financial Services, to update the nexus studies for the Public Art, SOSIP, POPOS, Commercial Child Care, and Commercial Affordable Housing fees, in an amount not to exceed $80,115, and authorizing the City Manager to execute any amendments, extensions, or change orders until the project is completed.

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

CONSENT CALENDAR
July 7, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Revenue Grant Agreements: 2024 and 2025 Edward J. Byrne Memorial Justice Assistance (JAG) for Berkeley Police Department Costs

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager or designee to submit grant agreements to Alameda County Sheriff’s Office, to accept the grants, and execute any resultant revenue agreements and amendments to be used for funding overtime costs associated with focused` crime suppression activities, community safety initiatives, and staffing for high impact community events.

1. Edward J. Byrne Justice Assistance Grant (JAG) 2024 Local in the projected amount of $40,714 with a 10% admin fee with a net allocation of $36,642.60 for the period of 10/1/23 to 9/30/2027.

2. Edward J. Byrne Justice Assistance Grant (JAG) 2025 Local in the projected amount of $47,856 with a 10% admin Fee with a net allocation of $43,070.40 for the period to be determined at time of contract execution.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the amount of $79,713 through the Alameda County Sheriff’s Office as fiscal agent for the Edward J. Byrne Justice Assistance Grant Program, starting Fiscal Year 2024 from the sources listed below. There is a 10% administrative fee that is included in the final allocated amount.

1. Edward J. Byrne Justice Assistance Grant (JAG) 2024 Local: This contract is anticipated to be for $40,714 with a 10% admin fee with a net allocation of $36,642.60 for the period of 10/1/23 to 9/30/2027. There is no match required.

2. Edward J. Byrne Justice Assistance Grant (JAG) 2025 Local: This contract is anticipated to be for $47,856 with a 10% admin Fee with a net allocation of $43,070.40 for the period to be determined at time of contract execution. There is no match required.

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Revenue Grant Agreement: 2024 and 2025 Edward J. Byrne Memorial Justice Assistance (JAG) for Berkeley Police Department Costs CONSENT CALENDAR July 7, 2026

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CURRENT SITUATION AND ITS EFFECTS
The Police Department will use these federal funds to help relieve the pressures on the General Fund relative to overtime costs to be used for staffing associated with focused crime suppression activities, community safety initiatives, and staffing necessary for high impact community events.

BACKGROUND
The Federal Government has consolidated the Byrne Memorial grants and the Local Law Enforcement Block Grants (LLEBG) to create the Edward J. Byrne Memorial Justice Assistance (JAG) program. The LLEBG was a significant source of funding for the Berkeley Police Department in the 1990’s, however, funds have dwindled significantly since. The Byrne Memorial Grant has always been received by the Alameda County Sheriff’s Office for the countywide narcotics task force.

The JAG program funding is based on a formula that includes population and reported crime rates. The program requires joint application by all eligible agencies in Alameda County. The Alameda County Police Chiefs’ and Sheriff’s Association agreed to have the Alameda County Sheriff’s Office process the application and act as a fiscal agent for the contract. For that responsibility, the County retains 10% of the total funding. The funds are allocated again to the countywide narcotics task force and to the cities for unmet needs in law enforcement.

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

RATIONALE FOR RECOMMENDATION
The Berkeley grant allocation will be used to support overtime costs associated with focused crime suppression activities, enhanced community safety, and staffing necessary for high impact community events. These funds allow the Department to maintain a visible presence and deploy personnel strategically in response to emerging community needs without increasing General Fund expenditures. Examples of eligible use include directed patrols in areas experiencing elevated crime trends, special event staffing, and other operational deployments intended to enhance public safety.

ALTERNATIVE ACTIONS CONSIDERED
There are no alternative funding sources currently available to support these crime prevention efforts.

CONTACT PERSON
Oanh Guise, Administrative and Fiscal Services Manager, Police Department, 510-981- 5976

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Revenue Grant Agreement: 2024 and 2025 Edward J. Byrne Memorial Justice Assistance (JAG) for Berkeley Police Department Costs CONSENT CALENDAR July 7, 2026

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Attachments:
1: Resolution: Edward J. Byrne Justice Assistance Grant (JAG) 2024 Local 2: Resolution: Edward J. Byrne Justice Assistance Grant (JAG) 2025 Local

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

EDWARD J. BYRNE JUSTICE ASSISTANCE GRANT (JAG) 2024 LOCAL WHEREAS, the Federal Bureau of Justice Assistance will provide $40,714 to the City of Berkeley Police Department to support crime reduction and public safety activities; and WHEREAS, the Alameda County Sheriff’s Office has agreed to administer this grant for ten percent of the total countywide grant award or $4,071.40 resulting in a net award of $36,642.60; and
WHEREAS, these funds may be used to support public safety operations and other eligible law enforcement activities consistent with grant requirements; and WHEREAS, grant funds will be placed in 349-71-702-805-0000-000-000-431110- and expenditures taken from various 349-71-702-805-0000-000-421-*; and WHEREAS, the program supports proactive public safety efforts through enhanced police visibility, focused enforcement activities, and community safety initiatives.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to accept and allocate funding from the 2024 JAG program in the amount of $36,642.60 to be used for funding overtime costs associated with focused crime suppression activities, community safety initiatives, and staffing necessary for high impact community events to promote enhanced community safety starting in Fiscal Year 2024.

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July 7, 2026

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

EDWARD J. BYRNE JUSTICE ASSISTANCE GRANT (JAG) 2025 LOCAL WHEREAS, the Federal Bureau of Justice Assistance will provide $47,856 to the City of Berkeley Police Department to support crime reduction and public safety activities; and WHEREAS, the Alameda County Sheriff’s Office has agreed to administer this grant for ten percent of the total countywide grant award or $4,785.60 resulting in a net award of $43,070.40; and
WHEREAS, these funds may be used to support public safety operations and other eligible law enforcement activities consistent with grant requirements; and WHEREAS, grant funds will be placed in 349-71-702-805-0000-000-000-431110- and expenditures taken from various 349-71-702-805-0000-000-421-*; and WHEREAS, the program supports proactive public safety efforts through enhanced police visibility, focused enforcement activities, and community safety initiatives.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to accept and allocate funding from the 2025 JAG program in the amount of $43,070.40 to be used for funding overtime costs associated with focused crime suppression activities, community safety initiatives, and staffing necessary for high impact community events to promote enhanced community safety starting in the fiscal year to be determined at time of contract execution.

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

CONSENT CALENDAR
July 7, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: 2025 Annual Police Equipment Report

RECOMMENDATION
Adopt a Resolution approving the 2025 Annual Police Equipment Report pursuant to Assembly Bill 481 and Berkeley Municipal Code 2.100.

BACKGROUND
On May 11, 2021, the City of Berkeley adopted the Police Equipment and Community Safety Ordinance (Berkeley Municipal Code Chapter 2.100, Ordinance No. 7,760-N.S.), which requires the Berkeley Police Department (BPD) to submit an annual report on its use of specified controlled equipment for City Council approval for as long as the equipment remains available for use. Shortly afterward, on September 30, 2021, the State enacted Assembly Bill 481 (Government Code 7070), which established a parallel State requirement for an annual report on law enforcement "military equipment." For the 2021 through 2024 reporting periods, BPD prepared and submitted these as two separate annual reports covering a substantially overlapping set of equipment.

On February 10, 2026, the City Council adopted Ordinance No. 8,001-N.S., which rescinded and replaced Ordinance No. 7,760-N.S. and updated Chapter 2.100 to align the City's controlled-equipment reporting with State law. The updated chapter consolidates the City's annual controlled-equipment report and the AB 481 military- equipment report into a single annual report, eliminating duplicative reporting. Because Assembly Bill 481 excludes service-issued handheld pepper spray (oleoresin capsicum) from its reporting requirements under Government Code § 7070(c)(12), the consolidation initially removed handheld pepper spray from the scope of the annual report.

Following adoption of the consolidated ordinance, and at the recommendation of the Police Accountability Board, the City Council adopted an ordinance amending Chapter

2.100 to restore the requirement that BPD report handheld pepper spray (oleoresin

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2025 Annual Police Equipment Report CONSENT CALENDAR
July 7, 2026

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capsicum) deployments in its annual equipment report. As a result, pepper spray use continues to be reported in the consolidated report notwithstanding its exclusion from State reporting. The attached 2025 Annual Police Equipment Report is the first report prepared under the consolidated framework and reflects this restored pepper spray reporting requirement, satisfying both Chapter 2.100 and AB 481.

Pursuant to Chapter 2.100, the annual report must first be provided to the Police Accountability Board (PAB) for review before submission to the City Council. The PAB places the report on its agenda, reviews whether each piece of reported equipment has complied with the applicable standards, and may make recommendations to the Council (BMC 2.100.060). The PAB and Council have processed annual controlled-equipment reports for the 2021 through 2024 reporting periods. This item fulfills the review and submission requirements for the 2025 reporting period.

CURRENT SITUATION AND ITS EFFECTS
In accordance with the ordinance, on May 29, 2026, BPD submitted the 2025 Annual Report to the Office of the Director of Police Accountability (ODPA) and the Police Accountability Board (PAB). The report was first considered by the PAB at their June 8, 2026, regular meeting. Consistent with the updated Chapter 2.100 of the City’s Municipal Code, the 2025 report is the first prepared as a single, consolidated report satisfying both the City's controlled-equipment reporting requirements and the State's AB 481 military-equipment reporting requirements, and it includes reporting of handheld pepper spray (oleoresin capsicum) deployments. As in prior years, the report reflects that the reported equipment was used in only a small fraction of the Department's contacts: of 60,374 calls for service in 2025, the report documents 13 incidents involving the use of less-lethal tools, including five handheld pepper spray (OC) deployments now reported under the updated ordinance. Starting in July 2026, less-lethal deployments will be captured through the same reporting system as use-of-force incidents. This unified approach streamlines documentation for officers and ensures that less-lethal pointing data is subject to the same multiple layers of supervisory review applied to all use-of-force reports.

RATIONALE FOR RECOMMENDATION
It is required by law and policy that an annual report on military equipment be submitted to the City Council.

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2025 Annual Police Equipment Report CONSENT CALENDAR
July 7, 2026

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FISCAL IMPACTS OF RECOMMENDATION
The fiscal impacts of approving the report are limited to staff time for reporting and continuous training. Fiscal impacts related to specific equipment are detailed within the report.

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jennifer Louis, Chief of Police, (510) 981-5700
Arlo Malmberg, Strategic Planning and Accountability Manager, (510) 981-5747 Attachments:
1: Resolution
2: Annual Military Equipment Report

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

ANNUAL REPORTING: 2025 ANNUAL POLICE EQUIPMENT REPORT (BERKELEY MUNICIPAL CODE CHAPTER 2.100 AND ASSEMBLY BILL 481)
WHEREAS, on May 11, 2021, the Berkeley City Council adopted Ordinance No. 7,760- N.S., the Police Equipment and Community Safety Ordinance (Berkeley Municipal Code Chapter 2.100); and
WHEREAS, on September 30, 2021, the State enacted Assembly Bill 481 (Government Code 7070), establishing a parallel annual reporting requirement for law enforcement military equipment; and
WHEREAS, on February 10, 2026, the City Council adopted Ordinance No. 8,001-N.S., which rescinded and replaced Ordinance No. 7,760-N.S. and updated Chapter 2.100 to consolidate the City's annual controlled-equipment report with the AB 481 military- equipment report into a single annual report; and
WHEREAS, Chapter 2.100 and AB 481 require an annual report regarding the controlled and military equipment that the Berkeley Police Department (BPD) possesses, covering the 2025 calendar year; and
WHEREAS, BPD submitted the 2025 Annual Report to the Police Accountability Board (PAB) for review.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the Berkeley Police Department’s 2025 Annual Police Equipment Report pursuant to Assembly Bill 481 and Berkeley Municipal Code 2.100.

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2025 Annual Police
Equipment Report

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2 Contents
Ordinance Background and Objectives ........................................................................................................3 Equipment Inventory and Descriptions ........................................................................................................4 2025 Equipment Deployment and Uses .......................................................................................................8 Fiscal Impact ...............................................................................................................................................20

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3 Ordinance Background and Objectives
On September 30, 2021, Assembly Bill 481 was approved by California Governor Gavin Newsom, requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to funding, acquisition, or use of military equipment as defined in AB 481. This bill required the same approval process for the continued use of military equipment that law enforcement agencies already possessed. In accordance with the assembly bill, the Berkeley Police Department authored Policy 709, Military Equipment Policy, which was approved by the City Council on July 26, 2022.

Furthermore, Assembly Bill 481 requires law enforcement agencies to submit to the governing body an annual report for each type of military equipment. State law requires that the Annual Report contain the following information:
 A summary of how the military equipment was used and the purpose of its use.  A summary of any complaints or concerns received concerning the military equipment.  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.  The quantity possessed for each type of military equipment.  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

In addition, Berkeley Municipal Code Chapter 2.100 requires the report to include:
 A summary of how covered equipment was deployed, using the ordinance's broader definition of deployment (any instance in which equipment was pointed or aimed at an individual, or otherwise deployed, during an interaction in which the individual could reasonably believe it to be an attempt to gain compliance; transport or wearing of equipment is excluded).
 A geographic breakdown of where controlled equipment was used by individual police area, including the number of instances per area and the percentage authorized by warrant versus non-warrant forms of court authorization.  Reporting of all specialized firearms and ammunition of less than .50 caliber, batons 30 inches or longer, and pepper spray.

The Police Accountability Board reviews this report and may make recommendations to the City Council pursuant to BMC 2.100.060.

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4 Equipment Inventory and Descriptions
Below is a list and Berkeley Police Department inventory and equipment levels of the reportable equipment as defined in BMC 2.100 & AB 481 as of May 2026.  Patrol Rifle (96)
o Associated .223 duty and training rounds (106,040)
 Less Lethal single 40MM Launcher (20)
 Less Lethal Milkor LTL 40 MM multi-Launcher (2)
o Associated 40mm rounds (383)
 Less Lethal FN 303 Launcher (8)
o Associated FN rounds (5,535)
o Associated FN Pava rounds (145)
 First Defense Oleoresin capsicum (handheld OC spray) (175)  CTS Chlorobenzylidene Malononitrile and Oleoresin capsicum/ tear gas (232)  Remington 700 Precision Rifle (6)
o Associated .308 rounds (3,040)
 Light/sound distraction device CTS Model 7290M (83)
 Long Range Acoustic Device: LRAD Model 450XL (1), LRAD Model 100X (1)  Barret Model 99 Precision Rifle (1)
o Associated .50 rounds (514)
 Mobile Command Vehicle (1)
 ReconRobotics Recon Scout XT Robots (2)
 Andros Remotec HD-1 Hazardous Duty Robot (1)
 36” batons (195)
The following are product descriptions of the military equipment the Berkeley Police Department possesses:

Patrol Rifle
The “M4” was developed and produced for the United States government by Colt Firearms and is based on the original Armalite Rifle (AR) patent purchased by Colt in 1959. Although Colt owns the trademarked name “M4,” several other manufacturers offer similar firearms under various model names. The M4 and its variants fire 5.56×45 mm NATO (and .223 Remington) ammunition and are gas -operated, magazine -fed firearms with barrel lengths ranging from

11.5” to 16”.

The current BPD rifle ammunition is the .223 Remington—a rimless, bottlenecked cartridge developed in 1957 by Remington Arms and Fairchild Industries. One of the most popular cartridges, the .223 Remington is used by a wide range of semi-automatic and manual -action rifles, as well as handguns. While the military uses the similar 5.56×45 mm NATO cartridge, BPD employs the more common civilian .223 Remington for all training and duty purposes.

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5 Penn Arms 40MM Single Launcher & Milkor LTL Multi-Launcher The 40 mm impact projectile was developed as an alternative to the 12-gauge bean bag round and other less focused less -lethal options. Early 12-gauge bean bag round designs had unpredictable flight patterns and could cause significant unintended injuries. The 40 mm foam baton round was created as a direct -fire projectile intended to minimize such risks. The Berkeley Police Department currently uses the CTS 4557 foam baton projectile and the Penn Arms L-140 single -shot Launcher.

FN 303
Developed in 2003 by Fabrique Nationale de Herstal as a less -lethal option, the FN 303 is based on a concept from Monterey Bay Corporation. The development team included designers and researchers from two paintball -related companies. The FN 303 uses compressed air to propel a .68-caliber projectile, similar to those used in manufactured paintball guns.

Chlorobenzylidene Malononitrile (CS) and OC
Chlorobenzylidene malononitrile, commonly known as CS, is one of the most widely used tear gases. It can be delivered as a liquid, gas, or solid and is designed to produce temporary discomfort by being vaporized or otherwise dispersed in the air. Law enforcement agencies rely on CS to manage combative suspects, control crowds, and handle barricaded subjects without resorting to higher levels of force. CS can be deployed via aerosol (the most common method), fogging, pyrotechnics, or blast expulsion; however, all methods are influenced by environmental factors such as wind, rain, temperature, and proximity. Under standard conditions, CS forms a white crystalline substance with low vapor pressure and poor water solubility.

First Defense manufactures OC sprays in various sizes. Oleoresin capsicum (OC) is a less-lethal chemical agent derived from naturally occurring capsaicinoids found in pepper plants. It is the most widely used chemical agent among law enforcement and the general public. It has a pungent, irritating pepper odor and is classified as an inflammatory agent. In addition to its effectiveness on humans, OC-based agents are typically effective on animals. In liquid form, OC can appear clear, amber, or dark red, depending on the manufacturer, as it is mixed with various carrier solutions.

Remington 700 Precision Rifle
The Remington 700 is a series of bolt -action rifles designed in 1962 by Remington Arms Company. The “700” designation refers to multiple models with varying parts, barrel lengths, stocks, and other components. The Precision Rifle model has long been used by law enforcement and remains an industry standard. The Berkeley Police Department employs a

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6 custom Remington 700 action chambered in the common .308-caliber round, featuring a 20-inch barrel, an Accuracy International chassis/stock, a Nightforce 3-15× magnified optic, and a bipod.

CTS Light/Sound Distraction Device
Also known as diversionary, noise/flash, or light/sound devices, Light/Sound Distraction Devices have been available for about 40 years. They serve as safe and effective tools for law enforcement during challenging tactical incidents. When activated, these devices produce loud noise, heat, and intense light to create an effective diversion.

LRAD Long Range Acoustic Device (LRAD)
The LRAD is both the brand name and equipment name for a high -intensity, directional acoustical array that provides long -range, crystal -clear communication, designed to project clear voice messages, warnings, instructions, and emergency notifications over long distances and in high-noise environments. Essentially, it functions as a powerful loudspeaker.

Barrett Model 99 Precision Rifle
The Barrett Model 99 is a single shot, bolt action .50 caliber rifle introduced in 1999. It is intended for limited emergency situations where there is a high potential for violence and extreme range and accuracy, or material penetration is needed.

ReconRobotics Recon Scout XT Robots (Throw Bot)
The Recon Scout XT robot is intended to safely provide police officers valuable information during high-risk, rapidly evolving situations via real-time audio and video footage. It can be operated a distance away, creating space between the officer and potential danger, thus decreasing the likelihood of injury to those involved in the event, or even a violent encounter between police officers and a dangerous subject. This asset furthers our commitment to the sanctity of life by offering time and distance in critical incidents.

Andros Remotec HD-1 Hazardous Duty Robot
The Remotec HD-1 robot is used as a means to approach hazardous situations where a potentially lethal threat such as an explosive device exists. The Remotec HD-1 robot allows for the examination and manipulation of an object or potential explosive device without unnecessarily putting a bomb technician’s life at risk.

Mobile Command Vehicle (MCV)
This vehicle is used as a mobile command post for any large-scale events or as a communications center in the event the communications center in the Public Safety Building is

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7 inoperable. Some examples of large-scale events include Solano Stroll, Cal Berkeley football games, critical incidents or natural disasters. In 2025, the MCV was utilized as a command post during the Cal Berkeley football games that took place in Berkeley. 36” Baton
The Berkeley Police Department issues a fixed-length, straight baton with a knurled polycarbonate grip for crowd control. The baton measures 36 inches in length, 1.25 inches in diameter, and weighs approximately 1.64 pounds. Polycarbonate is a durable thermoplastic that resists splintering and heat. The 36 inch baton is designed to provide officers with increased distance and leverage when performing crowd control duties.

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8 2025 Equipment Deployment and Uses
The equipment documented in this report provide the Berkeley Police Department with options that assist in critical incidents and bring dangerous situations to a safe resolution. While the Berkeley Police Department possesses the equipment listed above, officers de-escalated almost all the situations that might have otherwise warranted the use of it. The use of military equipment is governed by Berkeley Police Department Policies and local, state, and federal laws. The use of the military equipment is restricted to only officers who have been trained in the use of the specific equipment.

The Berkeley Police Department responded to 60,374 calls for service responded to in 2025.

Only 13 of the 60,374 incidents resulted in the use of less lethal tools (plus 6 uses of the Mobile Command Vehicle for Cal football games). The table below lists all BMC2.100/AB481-eligible equipment use incidents. Each row represents an incident in which a specific piece of equipment was used. These statistics illustrate the extremely rare instances that less lethal munitions and other police equipment are used in relation to overall contacts.

It should be noted BPD does not possess any drones, and reporting on the use of a drone in a mutual assistance capacity in Berkeley is the responsibility of the agency that provided the assistance. The Berkeley Police Department reports on the mutual assistance drone usage, understanding that it may lead to double reporting, but does so in the spirit of transparency.

Drone uses are also reported in the annual Surveillance Technology Report.

Each incident is listed in chronological order. Equipment that was actively used is highlighted in yellow.
# Equipment Used Summary of Deployment Beat
1 40MM Launcher Officers responded to a report of a person attempting to strike passing vehicles with a metal
pole. On arrival they located the subject armed with
a metal stick. A 40MM Launcher was deployed until
the subject was disarmed and detained without
further incident.
2 2 40MM Launcher Officers responded to a theft call in which the subject fled on foot and concealed himself beneath a
food truck. A 40MM Launcher was deployed but not
fired, and the subject ultimately was detained
without incident.
14 3 Patrol Rifle Officers located a reported stolen vehicle and detained its occupant. A patrol rifle was deployed
but not used, and the subject complied and was
detained without incident; the vehicle was
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9 confirmed stolen and recovered property was
booked into evidence.
4 40MM Launcher Officers responded to a family disturbance involving a subject possibly armed with a knife. A 40MM
Launcher was deployed but not used, and the
subject complied and was detained without incident.
5 5 40MM Launcher Officers responded to a report of a subject who had stabbed himself and then struggled over the knife
with a family member. A 40MM Launcher was
deployed but not pointed or used, and the subject
was detained without further incident and
transported for medical care.
5 6 Patrol Rifle Officers responded to several calls regarding a subject carrying a rifle. Patrol rifles were deployed,
and following de-escalation the subject dropped the
weapon and was detained without incident.
14 7 Patrol Rifle, 40MM
Launcher, Mobile
Command Vehicle
Officers responded to a report of a subject who fired
a gun into an adjacent unit during a dispute at a
residential building. Patrol rifles, a 40MM Launcher,
and the Mobile Command Vehicle (MCV) were
deployed to manage an armed and barricaded
subject; the only equipment used was the MCV, and
the subject complied and was detained without
incident.
5 8 Patrol Rifle, FN 303
Launcher
Officers responded to a domestic-violence call in
which both parties had visible injuries and the
involved subject, who had registered firearms,
refused to open the door while a small child was
present. Based on exigency, officers made entry; a
patrol rifle and an FN 303 Launcher were deployed
but not used, and the subject was detained without
incident.
5 9 40MM Launcher Officers responded to a report of a subject who brandished a hammer at a victim. The subject was
highly agitated on contact; a 40MM Launcher was
deployed but not used, and the subject was detained
without incident after the hammer was recovered.
5 10 OC spray Officers responded to a report of a subject who had brandished a knife at a passersby in a park. On
contact the subject took a fighting stance and
refused commands; OC spray was used to overcome
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10 active resistance, and the subject was taken into
custody. First aid was offered for the exposure.
11 Patrol Rifle Officers responded to a report of a subject who had brandished a sawed-off shotgun. A patrol rifle was
deployed but not used; the subject complied and
was detained without incident, and a firearm was
recovered.
11 12 Patrol Rifle Officers conducted a vehicle pursuit of a felony brandishing suspect that ended in a collision. A
patrol rifle was deployed but not used, and the
subject was taken into custody without further
incident.
5 13 Patrol Rifle Officers responded to a report of a subject who had brandished a firearm during a road-rage incident and
were directed to the subject's vehicle. A patrol rifle
was deployed but not used; the subject complied
and was detained without incident, and a loaded
firearm was recovered.
9 14 Drone, LRAD,
Recon Scout XT
(throw-bot), FN
303 Launcher,
Patrol Rifle, 40MM
Launcher
The Special Response Team served a high-risk
homicide warrant in San Leandro. An LRAD, a drone,
and a Recon Scout throw-bot were used; all other
listed equipment was deployed but not used. Two
subjects were taken into custody with firearms
recovered, and there were no injuries or property
damage.

Outside of
Berkeley
15 40MM Launcher Officers responded to a report of a subject damaging vehicles who was experiencing a mental-health crisis
and was non-compliant. A 40MM Launcher was
deployed but not used, and the subject was detained
without incident and placed on a mental-health
hold.
14 16 Patrol Rifle, 40MM
Launcher
Officers responded to a possible barricaded subject
with a felony warrant who refused repeated
announcements to exit. Two 40MM Launchers and
two patrol rifles were deployed but not used, and
the subject was located and detained without
incident.
5 17 Light/Sound
Distraction Device,
LRAD, Drone,
Recon Scout XT
The Special Response Team served a warrant for
armed-robbery suspects in Oakland. 3 light/sound
diversionary devices, an LRAD, a drone, and a Recon
Scout throw-bot were used; all other listed
Outside of
Berkeley

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11 (throw-bot), Patrol
Rifle, 40MM
Launcher, FN 303
Launcher,
Precision Rifle
equipment was deployed but not used. Two subjects
were detained without incident.
18 40MM Launcher Officers responded to a report of a subject in mental-health crisis who was reportedly holding two
knives. A 40MM Launcher was deployed but not
used, and the subject was detained without incident.
11 19 Patrol Rifle Officers assisted with a high-risk stop of a vehicle that had fled an attempted traffic stop and collided
with a parked car. A patrol rifle was deployed but
not used as occupants were called out one by one,
and all subjects complied and were detained without
incident.
5 20 Patrol Rifle Officers responded to a report of a subject walking with a handgun. Patrol rifles were deployed but not
used; the subject complied and was detained
without incident, and the item was determined to be
a lighter.
13 21 Patrol Rifle While conducting a yard search for a possibly armed subject involved in narcotics sales, officers deployed
a patrol rifle but did not use it. The subject was
detained without incident.
9 22 FN 303 Launcher,
Patrol Rifle
Officers responded to a report of a subject who had
pointed a firearm at a store employee and made
threats. An FN 303 Launcher and patrol rifles were
deployed but not used; the subject was located and
detained without incident, and the firearm was
determined to be a replica.
9 23 Patrol Rifle, 40MM
Launcher
Officers responded to a barricaded subject who
racked a shotgun, threatened to shoot officers, and
fired a weapon multiple times, including toward
officers. Patrol rifles and a 40MM Launcher were
deployed; a patrol rifle was used, and the subject
was taken into custody and transported for medical
care.
3 24 40MM Launcher Officers responded to a disturbance involving a subject reportedly armed and on firearms probation.

A 40MM Launcher was deployed but not pointed at
anyone; a patrol rifle remained in a patrol vehicle
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12 and was not deployed. The subject was detained
without incident.
25 40MM Launcher Officers responded to a burglary in progress at a storage facility in which one subject fled back into
the building. A 40MM Launcher was deployed but
not used, and two subjects were taken into custody
without incident.
8 26 40MM Launcher Officers responded to a report of a resident attempting to force entry into a neighbor's unit who
then armed himself with a hammer and a brick. A
40MM Launcher was deployed but not pointed, and
the subject was detained without incident.
4 27 OC spray Officers responded to a report of a subject who committed a robbery at a convenience store and
sprayed bleach at an employee and at officers. OC
spray was used to gain compliance after the subject
remained non-compliant, and the subject was taken
into custody. First aid was offered for the exposure.
12 28 FN 303 Launcher,
Patrol Rifle, 40MM
Launcher
The Special Response Team served a high-risk search
and arrest warrant in Alameda for an armed-robbery
suspect who fled the attempted arrest. An FN 303
Launcher was used on the fleeing subject who was
struck with less-lethal impact rounds; patrol rifles,
and a 40MM Launcher were also deployed but not
used. The subject was taken into custody without
further incident. One less-lethal round struck an
unoccupied room of a nearby residence.

Outside of
Berkeley
29 40MM Launcher Officers responded to a report of a subject cutting himself with a knife who then fled and barricaded
behind a refrigerator in an employee lounge. A
40MM Launcher was deployed during negotiations
but not used, and the subject was detained without
incident and transported for care.
14 30 Patrol Rifle Officers assisted East Bay Regional Parks PD with a warrant subject barricaded in a stolen van. A patrol
rifle was deployed but not pointed at anyone, and
the subject was taken into custody without incident.
12 31 40MM Launcher,
FN 303 Launcher
Officers responded to a report of a subject who
brandished a long pole at a victim and attempted to
strike him. Two less-lethal Launchers (a 40MM and
an FN 303) were deployed but not used during the
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13 detention, and the subject was detained without
incident.
32 FN 303 Launcher,
Patrol Rifle
Officers responded to a report of a subject who
discharged a firearm inside a residence. An FN 303
Launcher and a patrol rifle were deployed but not
used, and the subject was detained without incident;
a firearm was recovered.
5 33 FN 303 Launcher,
OC spray, 40MM
Launcher
During an encampment operation, a subject known
to officers refused to leave a makeshift structure and
was reported to have threatened officers and
deployed a fire extinguisher. A 40MM launcher was
pointed but not used. OC spray was used towards
two aggressive dogs. An FN 303 Launcher was used,
with a single round fired into the structure that did
not strike the subject; the subject subsequently
exited without further incident. The suspect was
arrested shortly thereafter when he attempted to
return to the structure.
13 34 40MM Launcher Officers responded to a report of a battery in which the subject was known to have a felony bench
warrant and a history of resisting arrest. A 40MM
Launcher was deployed but not used, and the
subject was detained without incident.
14 35 40MM Launcher Officers responded to a call regarding a vehicle blocking a driveway with an unresponsive occupant
who was holding a knife. After repeated voice and
phone attempts, a 40MM Launcher was deployed as
a precaution but not used; the vehicle was opened,
the knife secured, and the subject detained without
incident.
10 36 40MM Launcher,
Patrol Rifle
Officers pursued a felony vehicle involved in a
vehicle theft and a collision that struck a Department
vehicle. A patrol rifle and a 40MM Launcher were
deployed but not used, and the subject was taken
into custody without further incident.
6 37 Patrol Rifle Officers responded to a report of gunshots and a subject on a rooftop. A patrol rifle was deployed and
aimed to gain the subject's compliance during a
rooftop search, and the subject was detained
without incident.
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14 38 Patrol Rifle The Special Response Team served a search and arrest warrant in Oakland. A patrol rifle was
deployed but not used while the subject was
detained, and he was taken into custody without
incident.

Outside of
Berkeley
39 40MM Launcher A detainee in the city jail refused to exit his cell. A 40MM Launcher was deployed but not used, and
after de-escalation the subject exited on his own and
was transported without incident.
5 40 40MM Launcher,
Patrol Rifle
Officers responded to a report of a subject in a tent
reported to have a loaded rifle. A 40MM Launcher
and a patrol rifle were deployed but not used; the
reported firearms were found to be partially
dismantled airsoft rifles, and the contact was
resolved without incident.
12 41 40MM Launcher Officers responded to a report of a subject who battered another person and was accompanied by a
large dog. During negotiations a 40MM Launcher
was deployed for safety in case the dog became
aggressive; it was not used, and the subject signed a
citation without incident.
5 42 40MM Launcher Officers responded to a report that a neighbor had held a knife to the reporting party. A 40MM
Launcher was depoyed but not pointed or used, and
the contact was resolved without incident.
3 43 Patrol Rifle Officers responded to a report of a subject attempting to fire a gun at people in the area who
then boarded a bus to flee. Patrol rifles were
deployed but not used as two subjects were located
and detained without incident.
4 44 Patrol Rifle, 40MM
Launcher
Officers responded to a domestic-violence report
involving a possible firearm at a location with a
history of firearm-related incidents. A patrol rifle and a 40MM Launcher were deployed but not used, and
the subject was detained without incident.
5 45 OC spray While in Oakland recovering a vehicle that had been stolen from Berkeley, an officer contacted a subject
who attempted to enter the running vehicle and
then fled, combatively resisting. OC spray was used
to overcome the subject's resistance; the subject re-
Outside of
Berkeley

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15 entered and fled in the vehicle, which was later
recovered.
46 40MM Launcher Officers responded to a report of a subject experiencing a mental-health episode who had
reportedly flooded an apartment. A 40MM Launcher
was deployed based on the call information and
prior contacts but was not used; no crime was
reported and the subject was left in his residence.
5 47 Drone, FN 303
Launcher, Patrol
Rifle, 40MM
Launcher
The Special Response Team served an arrest and
search warrant in San Francisco. A drone was
deployed in support of the operation, which was
completed without injury or property damage.

Outside of
Berkeley
48 Patrol Rifle Officers responded to a report of gunshots inside a residential building, where a subject had reportedly
fired at a victim before retreating into a unit. A
patrol rifle was deployed but not used, and the
subject was detained without incident; he was later
placed on a mental-health hold.
4 49 FN 303 Launcher,
40MM Launcher
Officers searched an apartment complex for a
subject wanted for felony domestic violence and
kidnapping who was the subject of a no-bail warrant.

Less-lethal Launchers (an FN 303 and a 40MM) were
deployed to support the search teams but not used,
and the subject was located and detained without
incident.
5 50 Drone, FN 303
Launcher,
Light/Sound
Distraction Device,
Patrol Rifle
This robbery investigation resulted in two Special
Response Team warrant operations. On the first, in
Oakland, a light/sound diversionary and an FN 303
Launcher were used as a fleeing suspect was struck
with less-lethal impact rounds; a drone supported
the operation and a patrol rifle were also deployed,
and the subject was detained without further
incident.

Outside of
Berkeley
51 40MM Launcher,
Light/Sound
Distraction Device,
Patrol Rifle
This robbery investigation resulted in two Special
Response Team warrant operations. On the second,
in Hayward, a patrol rifle, a 40MM Launcher, and a
light/sound diversionary device were deployed and
used to stop a suspect who attempted to flee in a
vehicle, and the subject was taken into custody.

Outside of
Berkeley
52 Patrol Rifle Officers responded to a report of a subject armed with a rifle who had threatened another person. A
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16 patrol rifle was deployed but not used, and the
subject was safely taken into custody without
incident.
53 OC spray Officers responded to reports of a subject behaving erratically and assaulting residents. The subject took
a fighting stance, advanced on officers, and
attempted to strike them; OC spray was used during
the altercation, and the subject was taken into
custody. First aid was offered for exposure.
1 54 40MM Launcher Officers responded to a report of a wanted subject who had barricaded himself in a room. A 40MM
Launcher was deployed but not fired, and the
subject was taken into custody without incident.
13 55 40MM Launcher Officers assisted UC Police with a subject armed with two swords who ignored repeated commands. A
40MM Launcher was used, with a single foam-baton
round fired; the subject was ultimately taken into
custody and several weapons were recovered.
7 56 FN 303 Launcher Officers responded to a report of a subject in mental-health crisis who had cut herself before
officers arrived. An FN 303 Launcher was deployed
during negotiations but not used, and the contact
was resolved.
1 57 Patrol Rifle During a felony stop in Oakland of a carjacking vehicle whose occupant was possibly armed, a patrol
rifle was deployed but not used, and the subjects
were detained without incident.

Outside of
Berkeley
58 Patrol Rifle Officers responded to a report of a subject holding a rifle near a public roadway. A patrol rifle was
deployed and pointed at the subject, who disobeyed
commands and was taken into custody after a brief
struggle; the item recovered was a firearm
component.
8 59 40MM Launcher Officers responded to a call regarding a subject with a knife inside a business. A 40MM Launcher was
deployed but not used, and the subject was detained
without incident.
3 60 40MM Launcher Officers responded to a report of a subject brandishing and threatening a family member with a
knife in their home. A 40MM Launcher was deployed
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17 due to the reported threat with a weapon; it was not used, and the subject was detained without incident.
61 Milkor LTL multi-
Launcher
Officers responded to a report of a subject in
mental-health crisis who was known to resist police.

A Milkor LTL multi-Launcher (less-lethal) was
deployed but not used, and the subject was detained
without incident.
10 62 Mobile Command
Vehicle (MCV)
The MCV was utilized as a command post during the
6 Cal Berkeley football games that took place in
Berkeley.
7 No additional internal audits were conducted beyond those performed to gather and confirm data for this report. BPD investigated one internal complaint pertaining to the improper use of the FN 303 launcher. The resulting investigation concluded in a disciplinary action.

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18 Deployment Statistics
The table below displays the total number of deployments for each specified piece of equipment in 2025. Note that different types of equipment may be deployed in a single incident, and the same piece of equipment may be deployed by multiple officers during one incident.

Equipment Number of Deployments
Patrol Rifle 31
40MM Single Launcher 35
40MM LTL Multi-Launcher 1
FN 303 Launcher 12
FN Pava Impact Projectile 0
Oleoresin Capsicum Spray 5
Chlorobenzylidene Malononitrile and Oleoresin
Capsicum
0 Precision Rifle 1
Light/Sound Diversionary Device 3
Long Range Acoustic Device 2
36” Batons 0
Barret Model 99 0
Mobile Command Vehicle 7
Recon Scout XT (throw-bot) 2
Andros Remotec HD-1 Robot 0
Drone 4

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Berkeley City CouncilJuly 7, 2026

Berkeley City Council
July 7, 2026