Tuesday, July 14, 2026 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 14, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1027 BANCROFT WAY, BERKELEY, CA 94710
ADENA ISHII, MAYOR
COUNCILMEMBERS:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 165 600 1486. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.
All Council meetings are recorded.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:11 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Recognition of Disability Pride Month – July 2026
2. Recognition of the 50th Anniversary of BORP
3. Recognition of Kai Wang, Longfellow Student and National Braille Challenge Competitor
4. Adjourned in Memory of Vanessa Lynn Sanchez, Victim of Gender-Based Violence City Manager Comments: None
City Auditor Comments:
The City Auditor noted the significant impacts of the Public Bank Initiative (Item 3) on the capacity and workload of the City Auditor Department.
Public Comment on Non-Agenda Matters: 9 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 21 speakers.
Action: M/S/C (Tregub/Humbert) to accept supplemental material from Councilmember Tregub on Item 20.
Vote: All Ayes.
Action: M/S/C (Kesarwani/Humbert) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar – Continued Business
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 3
Required Verbal Disclosure:
Pursuant to state law the Council is verbally disclosing the action on public agency executive salaries – the Council will vote to adopt a Resolution confirming the appointment of James (Jamie) Parks as the Director of Public Works to be effective August 17, 2026, at an annual salary of $270,000.
A. FY 2027 Annual Appropriations Ordinance (Continued from July 7, 2026) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,209-N.S. adopting the FY 2027 Annual Appropriations Ordinance (AAO) in the amount of $922,346,116 (gross appropriations) and $796,579,332 (net appropriations) First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 8,029–N.S.
Consent Calendar
1. 2027 Tax Rate: Transportation Network Company User Tax From: City Manager
Recommendation: Adopt second reading of an Ordinance No. 8,030–N.S. setting the 2027 tax rate (effective January 1, 2027) for the transportation network company at the following rates: 65.1005 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 31.7889 for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip.
First Reading Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 8,030–N.S.
Consent Calendar
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 4
2. Initiative Petition – Ordinance Creating a Parcel Tax to Fund Arts Institutions and Programs
From: City Manager
Recommendation:
1. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 3, 2026 General Municipal Election.
2. If the Council wishes, 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: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 72,379–N.S. submitting the measure, without alteration, to a vote of the people at the November 3, 2026 General Municipal Election.
3. Initiative Petition – Ordinance Creating a Parcel Tax to Fund a Public Bank From: City Manager
Recommendation:
1. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 3, 2026 General Municipal Election.
2. If the Council wishes, 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: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 72,380–N.S. submitting the measure, without alteration, to a vote of the people at the November 3, 2026 General Municipal Election.
4. Initiative Petition – Ordinance Replacing the City’s $0.01/oz General Tax on Sugar Sweetened Beverages With a $0.02/oz Special Tax to Fund Public Health, Nutrition and Water Access
From: City Manager
Recommendation:
1. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 3, 2026 General Municipal Election.
2. If the Council wishes, 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: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 72,381–N.S. submitting the measure, without alteration, to a vote of the people at the November 3, 2026 General Municipal Election.
Consent Calendar
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 5
5. Police Accountability Board – Appointment of Alternate Member From: City Manager
Recommendation: Adopt a Resolution appointing an Alternate Commissioner to the Police Accountability Board (PAB).
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 72,382–N.S.
6. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board (PAB) nominated by Mayor Ishii.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 72,383–N.S.
7. Appointment of Director of Public Works
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of James (Jamie) Parks as the Director of Public Works to be effective August 17, 2026, at an annual salary of $270,000.
Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 72,384–N.S.
8. 2026 Capacity Building Request for Proposals Funding Recommendations From: City Manager
Recommendation: Adopt a Resolution to: 1. Approve a capacity building contract with Bay Area Community Land Trust (BACLT) for Fiscal Years 2027 and 2028 for $200,000 per fiscal year, subject to approval in the budget process; and 2. Authorize the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,385–N.S.
9. Accept Future of Public Health Funds from the State of California – Fiscal Year 2027 through Fiscal Year 2029
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute grant agreements, and any resultant amendments, with the State of California for the Future of Public Health program in the amount of $912,213 for each of the following fiscal years: Fiscal Year 2027, Fiscal Year 2028, and Fiscal Year 2029 (Total not to exceed $2,736,639).
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,386–N.S.
Consent Calendar
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 6
10. Contract No. 32400161 Amendment: Building Opportunities for Self-Sufficiency for Representative Payee Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute a contract amendment with Building Opportunities for Self-Sufficiency (BOSS) for Representative Payee Services in an amount not to exceed $400,000 for the term of July 1, 2023, to June 30, 2027.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,387–N.S.
11. Contract No. 32600032 Amendment: Building Opportunities for Self-Sufficiency (BOSS) for Public Facilities Improvements Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to amend Contract No. 32600032 with Building Opportunities for Self-Sufficiency (BOSS), increasing the amount by $54,480 for a public facility improvement project for a total amount not to exceed $249,480 with the contract end date of June 30, 2027.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,388–N.S.
12. Approval and Levy of 2018 Clean Stormwater Fee in FY 2027 From: City Manager
Recommendation: Adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2027.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,389–N.S.
13. Contract No. 32300214 Amendment: Belfor USA Group for On-Call Emergency Restoration, Mitigation and Remediation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Belfor USA Group for on-call emergency restoration, mitigation and remediation services, increasing the contract amount by $400,000 for a new not-to-exceed amount of $550,000 and extending the contract term through March 11, 2028.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,390–N.S.
Consent Calendar
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 7
14. Contract No. 32600081 Amendment: Metro Elevator for Maintenance, Repairs and Emergency Response Services for Citywide Elevators
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Metro Elevator to provide maintenance, repairs, and emergency response services to increase the contract amount by $300,000 for a total not to exceed $650,000.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,391–N.S.
15. Contract: Daupler, Inc. for After-Hours Answering Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Daupler, Inc. for after-hours answering services in an amount not to exceed $375,000 for a three-year contract, with an option to extend for two additional one-year terms.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,392–N.S.
16. Purchase Order: National Auto Fleet Group for Chevrolet Silverado Electric Trucks
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with National Auto Fleet Group for ten all electric Chevrolet Silverado Trucks in an amount not to exceed $790,000.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,393–N.S.
17. Purchase Order: Turf Star, Inc. for GO-4 Parking Enforcement Vehicles From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Turf Star, Inc. for nine GO-4 Parking Enforcement Vehicles in an amount not to exceed $550,000.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,394–N.S.
Council Consent Items
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18. Bertha Brown Community Memorial Gathering and Hunger Program Recognition – Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $1,000 from the discretionary Council Office Budget of Councilmember Ben Bartlett for the South Berkeley Community Church Hunger Program Community Memorial Gathering honoring Bertha Brown and associated accessibility services. The funds will be relinquished to the City's General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.
Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 72,395–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Lunaparra - $200; Councilmember Taplin - $150; Councilmember Tregub - $150; Councilmember Kesarwani - $100; Councilmember O’Keefe - $250; Councilmember Humbert - $150; Councilmember Blackaby - $250; Mayor Ishii - $100.
19. Adopt a Position of Opposition to ACA 22, the California Two-Thirds Vote Requirement for Special Taxes
From: Councilmember Tregub (Author)
Recommendation: Adopt a position in opposition to Assembly Constitutional Amendment (ACA) 22, which would restrict how local governments may adopt certain taxes and distribute copies of a letter of opposition to Governor Gavin Newsom, Senator Jesse Arreguín, Assemblymember Buffy Wicks, and applicable Senate and Assembly Committees.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.
Council Consent Items
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 9
20. Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to Support of the Raising the Next Generation of Student Advocates (RISE) Program
From: Councilmember Tregub (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember from the D13 Discretionary Accounts of members of the Berkeley City Council, including a contribution of $250 from Councilmember Igor Tregub, and inviting additional Councilmembers to contribute, to support the Berkeley Public Schools Fund’s RISE (Raising the Next Generation of Student Advocates) program.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 72,396–N.S. as added by the supplemental material submitted at the meeting by Councilmember Tregub and further amended to include contributions from the following Councilmembers up to the amounts listed:
Councilmember Lunaparra - $200; Councilmember Bartlett - $250; Councilmember Taplin - $150; Councilmember Kesarwani - $100; Councilmember O’Keefe - $250; Councilmember Humbert - $100; Councilmember Blackaby - $250.
Action Calendar – Public Hearings
21. Lease Agreement: International Child Resource Institute (ICRI) for 125-127 University Avenue Office Space
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance executing a five-year lease agreement with International Child Resource Institute to lease second floor office space located at 125-127 University Ave in the Berkeley Waterfront. The lease term is anticipated to begin September 1, 2026, and end August 31, 2031.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Humbert/Blackaby) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Humbert/Blackaby) to adopt the first reading of Ordinance No. 8,031–N.S. Second reading scheduled for July 28, 2026.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 10
22. Levy and Collection of Fiscal Year 2027 Street Lighting Assessments From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt two Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2027.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 2 speakers.
M/S/C (Tregub/Humbert) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Blackaby/Humbert) to adopt Resolution No. 72,397–N.S. (District No. 1982-1), and Resolution No. 72,398–N.S. (District 2018).
Vote: All Ayes.
Council Action Items
23a. Resolution Rescinding Resolution No. 51,408-N.S. Restricting the Use of Air Support and Canine Units And Updating Mutual Aid Policies (Reviewed by the Public Safety Policy Committee)
From: Councilmember Kesarwani (Author)
Recommendation: Adopt a Resolution to rescind Resolution No. 51,408-N.S. which currently restricts the use of helicopters and police canine units by the Berkeley Police Department (BPD) and to update policies authorizing BPD to deploy these resources through mutual aid agreements directly with external agencies. Under the revised policy framework, mutual aid requests for air support resources will require pre-deployment approval by the Watch Commander or their designee and will be followed by post-deployment notification to the City Manager, comprehensive incident documentation, and annual public reporting to the City Council and Police Accountability Board. The policy will continue to explicitly prohibit the use of canines for crowd control and will codify additional categorical prohibitions on canine deployments for low-level offenses.
Policy Committee Recommendation: To send the item with a Qualified Positive recommendation to Council that includes: 1) clarifying Section 3(a) to more clearly define the purposes for which the canine team may be deployed, and 2) attaching the communication from the Police Accountability Board to the agenda item for consideration by the full City Council.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110
Action: M/S/C (Kesarwani/Humbert) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: All Ayes.
Council Action Items
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 11
Action: 58 speakers. M/S/C (Humbert/Kesarwani) to adopt Resolution No. 72,399– N.S. as submitted in the item by Councilmember Kesarwani and amended by Mayor Ishii and Councilmember Blackaby with the following wording changes shown in underline.
2. The Berkeley Police Department may request and deploy canine teams from external law enforcement agencies only as follows:
a. Authorized deployments involving suspect apprehension. Canine teams may be deployed to locate or apprehend a suspect when any of the following is true:
i. The suspect is wanted for a violent felony; or
ii. There is a reasonable belief that the suspect possesses a deadly weapon likely to cause serious bodily injury; or
iii. The suspect is wanted in connection with a residential burglary in progress; or
iv. The deployment supports service of a warrant on a subject who is wanted for a violent felony, has a documented history of violent offenses, has a documented history involving firearms, or has a documented history of felony evasion or physical assault against law enforcement.
b. Authorized deployments not involving suspect apprehension. Canine teams may be deployed to locate crime scenes or physical evidence, to locate missing persons, or to detect explosives.
c. Categorical prohibitions. Canine teams shall not be deployed in connection with:
infractions; misdemeanor offenses not involving a deadly weapon likely to cause serious bodily injury; flight from an officer absent an independent justification under this section; thefts that escalate to robbery solely from a suspect’s resistance to the victim’s effort to stop the theft, absent use of a deadly weapon or actions causing great bodily injury; stolen vehicle incidents involving a named suspect or that are civil in nature; homeless encampment abatements; or crowd control.
On the severed portion in part 3 of the Resolved clause regarding helicopters and the associated references to helicopters throughout the resolution.
Vote: Ayes – Kesarwani, Taplin, Bartlett, O’Keefe, Blackaby, Humbert, Ishii; Noes - Lunaparra; Abstain - Tregub.
On the severed portion in part 2 of the Resolved clause regarding canine deployment and the associated references to canine deployment throughout the resolution.
Vote: Ayes – Kesarwani, Taplin, O’Keefe, Blackaby, Humbert; Noes – Bartlett, Tregub, Lunaparra, Ishii.
Council Action Items
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 12
23b. Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from April 21, 2026)
From: Peace and Justice Commission
Recommendation: Adopt a Policy approving the following actions with regard to the appropriateness of certain chemical weapons and other tools: 1. Retain the existing 2020 bans on chemical weapons (CS and OC), and the 1982 bans on police dogs and helicopters. 2. Retain the 1997 requirement for public reporting of each use of pepper spray. 3. Request the City Manager to engage an academic institution such as UC Berkeley, UCSF, or Stanford to study the health impacts of tear gas and other chemical weapons and canine support, potential short-term and long-term impacts on vulnerable populations and possible alternatives to the use of chemical weapons that provide officer safety, suspect safety, and safety to the general public.
Financial Implications: None
Contact: Tasha Tervalon, Commission Secretary, (510) 981-7000 Action: M/S/C (Kesarwani/Humbert) to take no action on Item 23b.
Vote: All Ayes.
Council Action Items
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 13
24a. Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Reviewed by the Public Safety Policy Committee)
From: Councilmember Kesarwani (Author)
Recommendation: Adopt a Resolution amending the Berkeley City Council's June 9, 2020 direction regarding smoke, OC spray, and tear gas to allow the Berkeley Police Department (BPD) Special Response Team (SRT) to use tear gas under circumstances in which there is a significant risk of injury or death, maintain the prohibition on the use of tear gas solely for crowd control, and lift the temporary moratorium on the use of smoke and OC spray.
Policy Committee Recommendation: To send the item with a Qualified Positive recommendation to Council that includes: 1) Making the resolution text explicit regarding permissible uses and policy limitations (particularly defining “critical incident” and excluding crowd control use), 2) Clarifying and attaching relevant use policies for public transparency, and 3) Developing an appropriate after-action reporting framework aligned with existing reporting and Transparency Hub practices.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110
Action: M/S/C (Kesarwani/Humbert) to schedule Item 24a and 24b for September 15, 2026, including supplemental materials from Councilmember Blackaby and the Police Accountability Board.
Vote: Ayes – Kesarwani, Taplin, Bartlett, O’Keefe, Blackaby, Lunaparra, Humbert; Noes – Tregub, Ishii.
Action: M/S/C (Lunaparra/Ishii) to reconsider the previous vote.
Vote: Ayes – Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Ishii; Noes – Kesarwani, Taplin, Humbert.
Action: M/S/C (Kesarwani/Humbert) to schedule Item 24a and 24b for September 15, 2026, including supplemental materials from Councilmember Blackaby and the Police Accountability Board.
Vote: Ayes – Kesarwani, Taplin, O’Keefe, Blackaby, Humbert; Noes – Bartlett, Tregub, Lunaparra, Ishii.
Council Action Items
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 14
24b. Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from April 21, 2026)
From: Peace and Justice Commission
Recommendation: Adopt a Policy approving the following actions with regard to the appropriateness of certain chemical weapons and other tools: 1. Retain the existing 2020 bans on chemical weapons (CS and OC), and the 1982 bans on police dogs and helicopters. 2. Retain the 1997 requirement for public reporting of each use of pepper spray. 3. Request the City Manager to engage an academic institution such as UC Berkeley, UCSF, or Stanford to study the health impacts of tear gas and other chemical weapons and canine support, potential short-term and long-term impacts on vulnerable populations and possible alternatives to the use of chemical weapons that provide officer safety, suspect safety, and safety to the general public.
Financial Implications: None
Contact: Tasha Tervalon, Commission Secretary, (510) 981-7000 Action: See action for Item 24a.
Information Reports
25. Grant Applications: Alameda County Transportation Commission Capital Investment Program 2028/Metropolitan Transportation Commission One Bay Area Grant Program Cycle 4
From: City Manager
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Received and filed.
26. Zero Waste Commission Fiscal Year 2026-27 Work Plan From: Zero Waste Commission
Contact: Julia Heath, Commission Secretary, (510) 981-6300 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 20 speakers.
Adjournment
Adjourned at 11:15 p.m.
Communications
Ohlone Greenway Question
1. Barbara Fritz
Channing and San Pablo
2. Thomas Yamaguchi
3. Wahid Amiri
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 15
Height Regulations
4. Lynn Cooper
BUSD LEARNS Program
5. Alina Ball
Upzoning/Zoning
6. Gcmclaughlin (2)
Fund Raiser
7. Brianna Hernandez
West Berkeley Rail Crossings
8. Noa Weiss
Community Resource Guide
9. Elizabeth (4)
Michael’s Transportation Services
10. Elizabeth
McGee Avenue Reconstruction
11. Howard Menashe
2036 Bancroft Way
12. Alex Merenkov
Safety Concern
13. Derek Abbassi
Budget
14. Ben Buettner
15. Dorothea Dorenz
BAC Funding
16. Thet Shein Win
Public Comment Concern
17. Stephen Alpert
18. Lauren Packard
Harrison St.
19. Jahlee Arakaki
URLs
20. Phyllis Orrick
21. Russbumper
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 16
E-Scooters
22. Carson Lepre (2)
23. Robert Borghese (2)
Newsletters
24. Eid Abdallah (2)
Forwards
25. Eid Abdallah (8)
Supplemental Communications and Reports 1
• None
Supplemental Communications and Reports 2
Item #7: Appointment of Director of Public Works
26. Ben Gerhardstein on behalf of Walk Bike Berkeley
Item #23a: Resolution Rescinding Resolution No. 51,408-N.S. Restricting the Use of Air Support and Canine Units And Updating Mutual Aid Policies (Reviewed by the Public Safety Policy Committee)
27. Supplemental agenda material submitted by the Police Accountability Board Item #24a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Reviewed by the Public Safety Policy Committee)
28. Supplemental agenda material submitted by Councilmember Brent Blackaby
29. Supplemental agenda material submitted by the Police Accountability Board
30. Josh Cayetano
Item #23a: Resolution Rescinding Resolution No. 51,408-N.S. Restricting the Use of Air Support and Canine Units And Updating Mutual Aid Policies (Reviewed by the Public Safety Policy Committee)
Item #23b: Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from April 21, 2026) Item#24a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Reviewed by the Public Safety Policy Committee)
Item #24b: Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from April 21, 2026)
31. Jon Rosenfield
32. Sally Nelson
33. Marcia Edelen
34. Janice Schroeder
35. Sam Holtzman
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 17
36. Sally Hindman
37. Boona Cheema
38. Esther Lerman
39. Jay
Supplemental Communications and Reports 3
Item #20: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to Support of the Raising the Next Generation of Student Advocates (RISE) Program
40. Supplemental agenda material submitted by Councilmember Igor Tregub Item #23a: Resolution Rescinding Resolution No. 51,408-N.S. Restricting the Use of Air Support and Canine Units And Updating Mutual Aid Policies (Reviewed by the Public Safety Policy Committee)
41. Melissa Connelly
42. Grant Thompson
43. Moni Law
Item #23a: Resolution Rescinding Resolution No. 51,408-N.S. Restricting the Use of Air Support and Canine Units And Updating Mutual Aid Policies (Reviewed by the Public Safety Policy Committee)
Item #24a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Reviewed by the Public Safety Policy Committee)
44. Ned Reifenstein
Item #23a: Resolution Rescinding Resolution No. 51,408-N.S. Restricting the Use of Air Support and Canine Units And Updating Mutual Aid Policies (Reviewed by the Public Safety Policy Committee)
Item #23b: Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from April 21, 2026)
Item #24a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Reviewed by the Public Safety Policy Committee)
Item #24b: Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from April 21, 2026)
45. Carol Denney
46. Vida Bateau
47. Bill Press
48. Glenn Turner
49. Lisa Ferguson
50. Linda Olivenbaum
51. Hilary Wong
52. Chrissy Hoffman
53. Margot Smith
Tuesday, July 14, 2026 ANNOTATED AGENDA Page 18
54. Karl Knober
55. Ellen Brotsky
56. Kit Saginor
57. Kelly Hammargren
58. Summer Brenner
59. Kitty Calavita
60. Jane Maxwell
61. David Fane
62. Elana Auerbach
63. Friends of Adeline
64. Virginia Miller
65. Catherine Montano
66. Adrian Tasistro-Hart
67. Alison Weber-Stover
68. Sylvia Santillanez
69. John Lindsay-Poland
70. Samantha Kanofsky