Tuesday, July 28, 2026 AGENDA Page 1
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 28, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 7020 NEPTUNE AVENUE GLENEDEN BEACH, OR 97388
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: 165 286 9280. 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 28, 2026 AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.
In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.
The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Tuesday, July 28, 2026 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
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. Lease Agreement: International Child Resource Institute (ICRI) for 125-127 University Avenue Office Space
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,031-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 5, 2026 (closed), June 8, 2026 (closed), June 9, 2026 (regular), June 16, 2026 (regular), June 22, 2026 (closed), June 23, 2026 (special), and June 30, 2026 (regular).
Financial Implications: None.
Contact: Mark Numainville, City Clerk, (510) 981-6900
Consent Calendar
Tuesday, July 28, 2026 AGENDA Page 4
3. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board (PAB) nominated by Councilmember Taplin.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
4. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate Councilmember Lunaparra as the voting delegate and Councilmember Humbert as the alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, September 25, 2026, in Anaheim.
Financial Implications: See report.
Contact: Mark Numainville, City Clerk, (510) 981-6900
5. Contract No. 32100053 Amendment: Dr. Orsolya Kuti for Veterinary Medical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Dr. Orsolya Kuti to provide in-house veterinary medical services at Berkeley Animal Care Services (BACS), increasing the contract amount by $103,000 for a new total contract amount not to exceed $376,000.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000
6. Friends of Berkeley Animal Care Services Grant Acceptance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a $60,000 grant from the Friends of Berkeley Animal Care Services (FoBACS) and to execute any necessary agreements and amendments required to implement this funding.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000
7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 28, 2026
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.? All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
Tuesday, July 28, 2026 AGENDA Page 5
8. Contract No. 32600030 Amendment: DataProse for Bill Printing and Mailing From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No: 32600030 with DataProse, to provide printing and mailing services, increasing the amount by $150,000 for an amended total amount not to exceed $200,000 and extending the term for 18 months, until December 31, 2028.
Financial Implications: See Report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
9. Contract: Swifthawk Consulting, LLC to Serve as the Alameda County Coordinator
From: City Manager
Recommendation: Adopt a Resolution: 1. Authorizing the City Manager or designee to execute a contract with Swifthawk Consulting, LLC, to serve as the Alameda County Coordinator for coordination with local agencies, fire safe councils, and wildfire mitigation community groups for the initial period, August 1, 2026, through December 30, 2029, with two (2) one (1) year extensions, in a total amount not to exceed $1 million based on incoming grant funds from the California Fire Safe Council; and 2. Authorizing the City Manager or designee to execute any amendments for not more than $225,000 per year in Fiscal Year (FY) 30 and 31, upon receiving additional California Fire Safe Council (CFSC) awards in order to continue the contract. 3. To apply for and receive future grant awards to maintain the Alameda County Coordinator position through 2031.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
10. Purchase Orders: Spending Authority for equipment purchase from Life-Assist for Emergency Medical Supplies and Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to utilize National Purchasing Partners (NPPGov) Contract No. PS25830 and issue purchase orders to Life-Assist, Inc. for emergency medical supplies and equipment from August 1, 2026 through November 18, 2029, in an amount not to exceed $1,552,000 with the option to continue utilizing any authorized extensions or successor cooperative purchasing agreements, subject to available funding and applicable procurement requirements for an additional two, two year extensions not to exceed $1,888,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Consent Calendar
Tuesday, July 28, 2026 AGENDA Page 6
11. Purchase Orders: Bound Tree Medical for Emergency Medical Supplies and Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to utilize BuyBoard Contract No. 804-26 and issue purchase orders to Bound Tree Medical, LLC for emergency medical supplies and equipment from August 1, 2026 through May 31, 2027, in an amount not to exceed $25,000, with the option to continue utilizing authorized contract renewals or successor cooperative purchasing agreements for two additional two-year periods, in an amount not to exceed $110,000 in total.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
12. Grant Application: Authorizing application for and acceptance of FEMA Port Security Grant Program funds for fire & rescue boat replacement From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $1,200,000 including a $300,000 (25%) local match to replace the City’s Fire & Rescue Boat.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
13. Contract: Berkeley Food Network for Food Assistance: HOME-ARP Supportive Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to execute a new contract with Berkeley Food Network (BFN) to provide food security services to eligible populations utilizing HOME Investment Partnership American Rescue Plan Program (HOME-ARP) funds for a total amount not to exceed $372,901 for a two-year contract ending on June 30, 2028.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100
14. Contract: CivicPlus, LLC for Recreation Management Software and Related Services
From: City Manager
Recommendation: A Adopt a Resolution authorizing the City Manager to execute an Agreement with CivicPlus, LLC for the continued provision of recreation management software, training, consulting, and related professional services, for an amount not to exceed $200,905 for the five-year period commencing December 1, 2026, through November 30, 2031.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Consent Calendar
Tuesday, July 28, 2026 AGENDA Page 7
15. Purchase Order: One Workplace Inc. for furniture and equipment for the MLK Jr. Youth Services Center and other Community Centers
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with One Workplace Inc. for the purchase of furniture and equipment for the MLK Jr. Youth Services Center and other community centers using the Omnia Partners Contract No. 2019.001899, R221104, and R240103 for an amount not to exceed $300,000 through June 30, 2027, with the option of one (1) single-year extension if the Omnia contract is extended.
Financial Implications: Parks Tax Fund - $300,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
16. Contract: QLM-Inc. for the Santa Fe Trackbed to Park Conversion New Community Gardens, Dog Park, and Playground Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Santa Fe Trackbed to Park Conversion New Community Gardens, Dog Park, and Playground Project; and 2. Accepting the correction of the sum of bid items for QLM- Inc’s bid; and 3. Accepting the bid of the lowest responsive and responsible bidder, QLM-Inc.; and 4. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with QLM-Inc., for the Santa Fe Trackbed to Park Conversion New Community Gardens, Dog Park, and Playground Project from Blake to Ward Street, along Acton Street at 0 Parker Street, 0 Carleton Street, 0 Derby Street, 0 Ward Street, in an amount not to exceed $3,355,202 which includes a base contract amount of $3,185,202, plus $170,000 for Add Alternates No. 3 and 5, and a 10% contingency in the amount of $335,520.
Financial Implications: Various Funds - $3,690,722
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
17. Contract No. 32500050 Amendment: The Dutra Group for Berkeley Marina Docks D&E Replacement Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32500050 with The Dutra Group for the Berkeley Marina Docks D&E Replacement Project, increasing the amount by $300,000 for an amended total amount not to exceed $8,893,200.
Financial Implications: Various Funds - $8,893,222
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Consent Calendar
Tuesday, July 28, 2026 AGENDA Page 8
18. Authorization for Additional Civic Arts Commission Meeting in 2026 From: Civic Arts Commission
Recommendation: Adopt a Resolution authorizing the Civic Arts Commission to hold one additional meeting in 2026, allowing the Commission to add an August 26, 2026 meeting.
Financial Implications: Staff time
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000
19. ***Item Removed by the City Manager*** Officially Name the Public Plaza at Adeline and Fairview Streets in South Berkeley in honor of Dolores Cooper From: Parks and Waterfront Commission
Contact: Roger Miller, Commission Secretary, (510) 981-6700
Council Consent Items
20. Excused Absence for Councilmember Ben Bartlett
From: Mayor Ishii (Author)
Recommendation: Excuse Councilmember Ben Bartlett from the June 30, 2026 council meeting because of a medical illness/condition.
Financial Implications: None
Contact: Adena Ishii, Mayor, (510) 981-7100
21. Recission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emissions Standards Under the Clean Air Act From: Mayor Ishii (Author), Councilmember Lunaparra (Co-Sponsor), Councilmember Tregub (Co-Sponsor)
Recommendation: Adopt a Resolution authorizing the City Attorney’s Office to join the Sabin Center for Climate Change Law at Columbia University’s amicus brief in support of the petition for review of the U.S. Environmental Protection Agency’s (EPA’s) rescission of the greenhouse gas endangerment finding and motor vehicle greenhouse gas emissions standards under the Clean Air Act, 91 Fed. Reg. 7686 (Feb. 18, 2026), subject to City Attorney review and approval of the brief.
Financial Implications: Staff time
Contact: Adena Ishii, Mayor, (510) 981-7100
Council Consent Items
Tuesday, July 28, 2026 AGENDA Page 9
22. Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to Support the Citywide Berkeley School Supply Distribution & Resource Fair
From: Councilmember Bartlett (Author), Councilmember Tregub (Co-Sponsor), Mayor Ishii (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember from the D13 Discretionary Accounts of members of the Berkeley City Council, including a contribution of $200 from Councilmember Ben Bartlett, $150 from Councilmember Igor Tregub, $100 from Mayor Adena Ishii, and inviting additional Councilmembers to contribute, to support SupplyBank.org's Citywide Berkeley School Supply Giveaway & Resource Fair.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
23. Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to the Downtown Berkeley Association in Support of the Social Service Outreach Coordinator Position
From: Councilmember Tregub (Author), Councilmember O'Keefe (Co-Sponsor), Councilmember Blackaby (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a Resolution authorizing the expenditure of up to $1000 per Councilmember from each of their D13 Discretionary Accounts including $500 from Councilmember Tregub, $500 from Councilmember O’Keefe, $500 from Councilmember Blackaby, and $300 from Councilmember Lunaparra and inviting other members of the City Council to contribute to the Downtown Berkeley Association (DBA) in support of the Social Service Outreach Coordinator position.
The relinquished funds from the respective discretionary Council Office Budgets of such members of the Berkeley City Council who wish to contribute will close the remaining gap in cost sharing funding and allow for the DBA to continue performing important social services outreach duties in Downtown Berkeley.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140
Council Consent Items
Tuesday, July 28, 2026 AGENDA Page 10
24. Referral to the City Manager: RENAISSANCE (Revitalizing Enterprise and Neighborhoods through Activation, Investment, Safety, Streamlining, Accessibility, Networking, Collaboration, and Equity), Part 1: Performance Standards for Commercial District Activation and Blight Mitigation From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Blackaby (Co-Sponsor), Councilmember O'Keefe (Co- Sponsor)
Recommendation: Refer to the City Manager the development of a set of commercial vacancy blight mitigation strategies that include but are not limited to:
1. Performance Standards: Establish performance standards for commercial district properties, where a building has been demolished, partially demolished, or partially constructed, and the property has remained in that condition for an established time period without any documentation showing that the project is advancing within the defined near-term timeframe. These standards may include but are not limited to temporary landscaping, creative temporary use, creative and dynamic fencing, murals, green walls and/or other remedies that maintain the site in an attractive and visibly activated state.
2. Revocation of Permits: Reaffirm the authority of the City Manager or designee to declare the permit lapsed due to non-compliance findings outlined in Number 1 above. Explore streamlining and simplifying the permit revocation process established in Berkeley Municipal Code (BMC) 23.404.080 if the owner of the property is out of compliance with the performance standards described in Number
1. 3. Unmitigated Prolonged Commercial Vacancy: Add “unmitigated prolonged commercial vacancy” as a defined factor to declare a property blighted in commercial districts.
Financial Implications: None.
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140
25. Russell Street Halloween Festivities (2026–2029): Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Humbert (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $4,000 per Councilmember including $4,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities from 2026 to 2029 with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $4,000 Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180
Action Calendar
Tuesday, July 28, 2026 AGENDA Page 11
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.
Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach 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.
26. Referral Response: Inclusionary Housing In-Lieu Fee Analysis and Fee Update for Single Family Residential Units
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending the Inclusionary Housing in-lieu fee to establish a 2,500 square foot Residential Unit Floor Area (RUFA) deduction for all detached single-family residential units and maintain the 5,000 square foot RUFA deduction for multi-unit residential projects; and include analysis of the updated fee structure in the 2028 in- lieu fee study.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100
Council Action Items
Tuesday, July 28, 2026 AGENDA Page 12
27. Referral to Schedule Hopkins Street for Paving with Enhanced Safety Improvements for all Users (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: Councilmember Kesarwani (Author), Councilmember Humbert (Co- Sponsor), Mayor Ishii (Co-Sponsor)
Recommendation: Given new information presented by the Fire Department that pedestrian and bike safety infrastructure on Hopkins Street “retains workable emergency access,” refer to the City Manager to repave Hopkins Street from Sutter Street to San Pablo Avenue with inclusion of one-way Class IV separated bikeways on each side from The Alameda to Peralta Avenue / Ohlone Greenway with a minimum width of five feet. Of the various cycle track and protected bikeway conceptual options that Public Works reviewed, staff deemed this configuration of separated cycle tracks to be the safest, while also providing the opportunity to retain the greatest amount of curbside parking.
Further, incorporate the following specific additional safety, parking management, and other features:
-From Sutter Street to The Alameda on Hopkins, install Class II buffered bike lanes on each side (similar to Monterey Avenue) and incorporate traffic calming to the extent feasible;
-From Peralta Avenue / Ohlone Greenway to Stannage Avenue on Hopkins, incorporate traffic calming speed cushions to the extent feasible, along with any other pedestrian safety features recommended by Public Works staff that are compatible with potential future bike lanes;
-Install a raised intersection, in which the entire intersection is elevated to approximate sidewalk grade as a vertical traffic-calming and pedestrian-priority treatment (similar to the raised intersection constructed at Bancroft Way and Telegraph Avenue as part of the Southside Complete Streets project), where Hopkins Street connects to Monterey Avenue and California Street; -Incorporate pedestrian safety features included in the 2022-2023 conceptual design that continue to be deemed appropriate by Public Works staff; -Redesign and reconstruct the intersection of Hopkins and Sacramento Streets to promote safety of all users;
-Assess improvement of the intersection of Hopkins Street and The Alameda to promote safety of all users, with redesign and reconstruction contingent upon available funding;
-Install bus boarding islands (floating bus stops) at AC Transit stops with the bikeway routed behind the boarding platform;
-Address street and curb damage from old street trees including removal of trees that are intruding into the usable street width, impacting storm drainage, with replacement trees required at a 1:1 ratio;
-Develop and implement a comprehensive Curb Management Plan for the commercial, recreational, and residential areas around Hopkins Street that includes ADA parking spaces, loading zones, short-term parking zones, waste collection service needs, and metering adjacent to commercial and/or recreational uses to encourage parking turnover;
-In addition, as part of the comprehensive Curb Management Plan, explore the
Council Action Items
Tuesday, July 28, 2026 AGENDA Page 13
feasibility of expanding the Residential Preferential Parking (RPP) Eligibility Map to the Hopkins Street corridor, along with the ability of Hopkins Street residents living on or adjacent to a block with parking loss to obtain an RPP permit for the nearest street.
As part of advancing the Council-directed Class IV separated bikeway into detailed engineering plans, Public Works staff will conduct outreach to businesses, schools, houses of worship, residents, and other stakeholders along Hopkins Street. This outreach will focus on refining the design of the safety infrastructure to be responsive to operational needs along the corridor, particularly loading zones, short-term parking zones, ADA parking, waste collection service needs, and metered parking, with the Class IV separated bikeway design serving as the established foundation for this work. The Hopkins Street commercial district is a neighborhood institution, and the goal of this design process is to ensure that safety improvements strengthen rather than undermine its vitality.
Policy Committee Recommendation: To send the item to council with a qualified negative recommendation to be rejected unless amended to include; protected bike lanes on Hopkins Street from Sutter to Gilman; direction to staff to develop and present options for extending the bike lane infrastructure westward to Acton, Peralta, or Stannage; direction to staff to immediately identify and secure funding for all proposed pedestrian, transit and bicycle improvements, and direction to staff to utilize existing completed traffic studies and prior public process outcomes to limit unnecessary delays and costs.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110
28. Referral to the City Manager: Update Definition of and, in the C-DMU District and Review Restrictions Related to the Establishment of Adult-Oriented Businesses in the Berkeley Municipal Code (Reviewed by the Land Use, Housing & Economic Development Committee)
From: Councilmember Tregub (Author)
Recommendation: Refer to the City Manager the following: 1. Updates to the definition of “Adult-Oriented Business” in the Berkeley Municipal Code (BMC) Section 23.302.070.A, BMC Chapter 23.204, and/or any other relevant provisions, including vaping shops and other related businesses; and 2. Reviewing restrictions around such uses in the C-DMU Commercial District in the Downtown.
Policy Committee Recommendation: Send the item to the City Council with a qualified positive recommendation with the following revisions to the recommendation: 1. Review (rather than expand) restrictions of such uses in the C- DMU Commercial District in the Downtown; and 2. Incorporate consideration of vaping uses as part of the definition(s).
Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140
Information Reports
Tuesday, July 28, 2026 AGENDA Page 14
29. Landmark Preservation Ordinance Notice of Decision: 2455 Telegraph Avenue / #LMSAP2026-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400
30. Landmark Preservation Ordinance Notice of Decision: Elmwood Commercial Historic District /#LMIN2026-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400
31. Civic Arts Commission FY27 Work Plan
From: Civic Arts Commission
Contact: Carianna Arredondo, Commission Secretary, (510) 981-7000
32. Annual Report on Landmarks Preservation Commission Actions From: Landmarks Preservation Commission
Contact: Allison Riemer, Commission Secretary, (510) 981-7400
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/.
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:
Tuesday, July 28, 2026 AGENDA Page 15
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.
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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 16, 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 #27: Referral to Schedule Hopkins Street for Paving with Enhanced Safety Improvements for all Users (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
1. Jennifer Johnston
2. Ruth Gorrin
3. Henry Pinkard
Tuesday, July 28, 2026 AGENDA Page 16
4. Warren Wells
5. Meg Holm (2)
6. Bruce H. Hamilton
7. Eric Johnson
8. Lee Bishop
9. Adam Rogers
10. Andy Peterson
11. Janet Byron
12. Susanna Porte
13. Coriander Reisbord
14. Bill Hoffman
15. Katharine Bierce
16. Silke Taylor
17. Shirley Kirsten (3)
18. Guy Phillips
19. Linda Berland
20. Tony Corman
21. Stuart Baker
22. Juli Dickey
23. Lucas Cantor
24. Isabelle and Steve
25. Nimrod Pitsker Elias
26. Katherine Silver
27. Summer Brenner
28. Bev Hoffman and Deborah Merola
29. Maryann D’Onofrio
30. Benjamin Lerman
31. Theresa Malki, Henry Malki, Sam Malki, and Lillian Malki
32. Mary Barlow
33. Kelly Hammargren
34. Sally Nelson
35. Justin Jackson-Mann
36. Bonnie Janora
Upzoning/Zoning
37. Marilyn Jensen
38. Dorothea Dorenz
39. 8 Similarly worded form letters
Measure L Concerns
40. Clifford Fred
Tax Scrips
41. Maris Arnold
Tuesday, July 28, 2026 AGENDA Page 17
Drug Task Force
42. David Lerman
Neighbor Noise Concerns
43. Angie Duvall
Pedestrian Light
44. Enrica Jiang
45. Jose Magana
46. Glenn Samson
47. George Franklin
Ferry Parking Plan
48. Paul Kamen (4)
Stuart Street
49. Tony Benado
Cease Desist Response
50. Stephen Alpert
Busy Bees Camp Concerns
51. Kenneth Tanemura
City Government Concern
52. Andrew Marowitz
Public Comment Concerns
53. Stephen Alpert (3)
1130 Oxford Street
54. Dennis Fantin
55. Derek Abbassi
HTT Office Coverage Concern
56. Darinxoso Oyamasela
Pegasus Voyages Invitation
57. Robert Kingston
Insight Housing
58. Tiara Jones
Fund Raiser
59. Brianna Hernandez (2)
Tuesday, July 28, 2026 AGENDA Page 18
Mobile Crisis Team
60. Gabriella Raymond
Encampments
61. Melanie Beasley
62. Jodie Morgan
63. Frederick Hertz
64. Julie Resnik
65. Joan Sprinson
Ashby Easy Lot
66. Willie Phillips on behalf of Berkeley Equity Summit Alliance
Resolution Request
67. Elana Auerbach
UA Theater
68. Save the UA Berkeley
69. Melanie Beasley
Eviction Control Concerns
70. John J. Parman
Hotel Shattuck World Cup
71. Jeffrey Church
Shelter Services
72. Linda Hix (2)
73. Mike St. Pierre
Blooming Crisis Book
74. Dennis Eidson
Alameda County Resource Guide
75. Elizabeth
Planning Commission Meetings
76. Asmara Marek
School Crossing Guards
77. Laura Andril
Bid Contracts
78. Dorothea Dorenz
Tuesday, July 28, 2026 AGENDA Page 19
Restaurant Inspections
79. David Lerman
Shelter Dogs Concern
80. Francesca Agrusa
BAC Funding
81. Carrianna Arredondo
ADU Data
82. Allan Feldman
BMR Rent Clarifications
83. Alex Merenkov
URLs
84. Josh Atwood
85. Russbumper
Newsletters
86. Visit Berkeley
87. Berkeley Art Center
E-Scooters
88. Robert Borghese (5)
89. Carson Lepre (3)
90. Aaron Dickinson (2)
Forwards
91. Russbumper (3)
92. Eid Abdallah (13)
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.
Ordinance No. 8,031-N.S. Page 1 of 2
ORDINANCE NO. 8,031-N.S.
LEASE AGREEMENT: INTERNATIONAL CHILD RESOURCE INSTITUTE (ICRI) FOR OFFICE SPACE AT 125-127 UNIVERSITY AVENUE AT THE BERKELEY
WATERFRONT
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. FINDINGS:
1. City Council adopted Ordinance No. 7,363-N.S. on July 8, 2014, which authorized the City Manager to enter into a lease agreement with International Child Resource Institute (ICRI) for an office space measuring 1,748 square feet in the southwestern portion of the second floor in the 125-127 University Avenue office building. The lease agreement expired on July 31, 2017. The lease is currently in holdover and the tenant requested to continue leasing the same office space.
2. The 125-127 University Avenue office building is located on State tidelands held in trust by the City of Berkeley for the promotion of commerce, navigation, and fishery (“public trust uses”). City staff marketed the office space to organizations aligned with the public trust uses before negotiating a new lease with ICRI, as required by the State Lands Commission. City staff did not identify a compatible public trust use organization for this specific space and proceeded to negotiate new lease terms with ICRI.
Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO LEASE AT 125- 127 UNIVERSITY AVENUE.
The City Manager is hereby authorized to enter into a five-year lease agreement with International Child Resource Institute for real property located at 125-127 University Avenue at the Berkeley Waterfront. The rent will be $4,370 per month, escalating 3% annually, and will be deposited in the Marina Fund Budget Code 608-52-544-592-0000- 000-000-461120-. Such lease shall be on substantially the terms set forth in Exhibit A.
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 the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Ordinance No. 8,031-N.S. Page 2 of 2
At a regular meeting of the Council of the City of Berkeley held on July 14, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.
Noes: None.
Absent: None.
Lease Agreement for 125-127 University Avenue – ICRI
OFFICE LEASE
by and between
CITY OF BERKELEY
a California municipal corporation
(as Landlord)
and
International Child Resource Institute
a California non-profit organization
(as Tenant)
Dated: September 1, 2026
Lease Agreement for 125-127 University Avenue – ICRI
TABLE OF CONTENTS
Page
1. PREMISES. .......................................................................................................................1
1.1 Premises..................................................................................................................1
1.2 Landlord’s Reserved Rights ...................................................................................1
2. COMMON AREA. ...........................................................................................................1
2.1 Definition of Common Areas .................................................................................1
2.2 Maintenance and Use of Common Area.................................................................2
2.3 Control of and Changes to Common Area .............................................................2
3. TERM. ...............................................................................................................................2
3.1 Term; Commencement Date...................................................................................2
4. RENT; SECURITY DEPOSIT. .......................................................................................2
4.1 Base Rent; Rent ......................................................................................................2
4.2 Application of Payments.........................................................................................3
4.3 Late Charge and Interest.........................................................................................3
4.4 Security Deposit......................................................................................................4
4.5 Restoration of Security Deposit; Return of Security Deposit.................................4
4.6 Transfer of Security Deposit; Assignment or Encumbrance of Security Deposit....................................................................................................................4
5. UTILITIES AND JANITORIAL SERVICES. ..............................................................4
5.1 Landlord Utility and Service Costs.........................................................................4
5.2 Janitorial Services...................................................................................................4
5.3 Tenant Utility and Service Costs ............................................................................5
5.4 Conservation and Use Policies ...............................................................................5
5.5 Exculpation of Liability..........................................................................................5
6. TAXES. ..............................................................................................................................5
6.1 Taxes.......................................................................................................................5
6.2 Possessory Interest Taxes .......................................................................................5
6.3 Personal Taxes ........................................................................................................5
6.4 Payment of Taxes ...................................................................................................5
7. INSURANCE. ....................................................................................................................6
7.1 Landlord..................................................................................................................6
7.2 Tenant .....................................................................................................................6
7.3 Commercial General Liability Insurance................................................................6
7.4 Workers’ Compensation and Employer’s Liability Insurance ...............................6
7.5 Property Insurance ..................................................................................................6
7.6 Other Insurance.......................................................................................................7
7.7 General....................................................................................................................7
8. INDEMNITY; LIABILITY EXEMPTION. ..................................................................8
8.1 Indemnity................................................................................................................8
8.2 Exemption of Landlord from Liability ...................................................................8
9. REPAIRS AND MAINTENANCE. ................................................................................9
9.1 Landlord’s Obligations ...........................................................................................9
9.2 Tenant’s Waiver......................................................................................................9
9.3 Tenant’s Obligations...............................................................................................9
10. ALTERATIONS. ..............................................................................................................9
10.1 Trade Fixtures; Alterations .....................................................................................9
10.2 Satellites and Antennae.........................................................................................10
10.3 Signs .....................................................................................................................10
10.4 Standard of Work..................................................................................................10
10.5 Damage; Removal ................................................................................................10
10.6 Liens .....................................................................................................................11
10.7 Bonds ....................................................................................................................11
11. PREVAILING WAGES. ................................................................................................11
11.1 Prevailing Wages ..................................................................................................11
12. PERMITTED USE AND PUBLIC TRUST TIDELANDS
REQUIREMENTS. ........................................................................................................12
12.1 Usage ....................................................................................................................12
12.2 Public Trust Tidelands Requirements...................................................................13
13. ENVIRONMENTAL MATTERS. ................................................................................13
13.1 Environmental Compliance ..................................................................................13
13.2 Tenant’s Indemnification......................................................................................13
14. DAMAGE AND DESTRUCTION. ...............................................................................14
14.1 Casualty ................................................................................................................14
14.2 Tenant’s Fault .......................................................................................................14
14.3 Repair Limitation..................................................................................................14
14.4 Waiver...................................................................................................................15
15. EMINENT DOMAIN. ....................................................................................................15
15.1 Effect on Rights and Obligations..........................................................................15
15.2 Award ...................................................................................................................15
16. DEFAULT. ......................................................................................................................15
16.1 Events of Default ..................................................................................................15
16.2 Remedies...............................................................................................................16
16.3 Cumulative............................................................................................................17
17. ASSIGNMENT AND SUBLETTING. ..........................................................................17
17.1 Landlord’s Consent...............................................................................................17
18. ESTOPPEL, ATTORNMENT AND SUBORDINATION. ........................................17
18.1 Estoppel ................................................................................................................17
18.2 Subordination........................................................................................................18
18.3 Attornment............................................................................................................18
19. RELOCATION WAIVER. ............................................................................................18
19.1 Waiver...................................................................................................................18
20. REQUIRED ACCESSIBILITY DISCLOSURE .........................................................18
21. CITY NON-DISCRIMINATION ORDINANCE ........................................................19
22. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES ..............19
23. BERKELEY EQUAL BENEFITS ORDINANCE (EBO) ..........................................20
24. BERKELEY LIVING WAGE ORDINANCE (LWO) ................................................20
25. OPPRESSIVE STATES .................................................................................................21
26. CONFLICT OF INTEREST PROHIBITED ...............................................................22
27. MISCELLANEOUS. ......................................................................................................22
28. SANCTUARY CITY CONTRACTING .......................................................................25
Lease Agreement for 125-127 University Avenue – ICRI
iv
LIST OF EXHIBITS
Exhibit A-1 Legal Description of Property
Exhibit A-2 Depiction of the Premises
Exhibit B Rules and Regulations
Exhibit C Payment Provision
Exhibit D Guaranty (not applicable)
Lease Agreement for 125-127 University Avenue – ICRI
1 OFFICE LEASE
BASIC LEASE INFORMATION
1. Landlord: City of Berkeley
2180 Milvia Street
Berkeley, CA 94704
Attention: Director, Parks, Recreation & Waterfront
Telephone: (510) 981-6704
2. Tenant: International Child Resource Institute (ICRI) 125-127 University Avenue
Berkeley, CA 94710
Telephone: (510) 644-1000
3. Tenant Trade Name: Tenant shall operate under the trade name International Child Resource Institute.
4. Effective Date: September 1, 2026
5. Premises: Approximately 1,748 rentable square feet comprising the southwestern portion of the 2nd floor (“Premises”) of the building commonly known and referred to as 125-127 University Avenue, Berkeley, California 94710 (the “Building”).
6. Permitted Uses: General office and ancillary commercial use, subject to any applicable or required approvals from the City of Berkeley.
7. Initial Term: Five (5) years, commencing as of September 1, 2026 (“Commencement Date”).
8. Base Rent: $4,370 per month with 3% annual increase
9. Security Deposit: $1,000
10. Guarantor: Not required with this Lease.
11. s Payment of Deferred
Rent:
As provided in Section 4.1.1, Tenant shall repay $39,767.00 in deferred rent in 60 graduated monthly payments starting at $300 per month.
The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. In the event of any conflict between the Basic Lease Information and terms of the Lease, the terms of the Lease shall control.
LANDLORD’S INITIALS _______ TENANT’S INITIALS _______
Lease Agreement for 125-127 University Avenue – ICRI
EXHIBIT A-1
OFFICE LEASE
This Office Lease (“Lease”) is made and entered into as of the effective date specified in Section 4 of the Basic Lease Information, above (“Effective Date”), by and between the City of Berkeley, a municipal corporation of the State of California (“Landlord”), and the tenant identified in Section 2 of the Basic Lease Information (“Tenant”).
1. PREMISES.
1.1 Premises. Landlord is the owner of that certain Building referred to in Basic Lease Information Section 5, and the underlying land on which the Premises are located as described in Exhibit A-1 attached hereto and incorporated herein (collectively, the “Property”).
Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises together with Tenant Improvements (defined below), if any. A drawing depicting the general location and layout of the demised Premises is attached hereto and incorporated by reference as Exhibit A-2.
Any improvements or alterations existing in the Premises, or otherwise constructed by Tenant or on Tenant’s behalf therein (whether under this Lease, or any prior lease or sublease) are referred to in this Lease as “Tenant Improvements.” Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until the City Council of Landlord has approved the Lease and Landlord has received from Tenant all of the following: (i) a copy of this Lease fully executed by Tenant and the guaranty of Tenant’s obligations under this Lease, if applicable, executed by the Guarantor(s) in the form attached hereto and incorporated by reference as Exhibit D (“Guaranty”); (ii) the Security Deposit and the first installment of Base Rent ; and (iii) copies of policies of insurance or certificates thereof as required under this Lease.
1.2 Landlord’s Reserved Rights. Landlord reserves the right to enter the Premises upon reasonable notice to Tenant (except that advance notice shall not be required in case of an emergency) for the following purposes: (i) to inspect the condition of the Premises; (ii) to ascertain the performance by Tenant of the terms and conditions hereof; (iii) to respond to an emergency at the Premises; (iv) to maintain, inspect and repair the Premises to the extent required or permitted under this Lease; (v) to post notices of non-responsibility for alterations, additions or repairs undertaken by Tenant; (vi) to show the Premises to prospective tenants or purchasers or persons acting on their behalf; (vii) to post a leasing sign in or about the Premises; and (viii) to perform any other right or duty of Landlord under this Lease. Landlord may exercise this right of entry without any abatement of Rent to Tenant for any loss of occupancy or quiet enjoyment of the Premises.
2. COMMON AREA.
2.1 Definition of Common Areas. The term “Common Area,” as used in this Lease, means all areas within the exterior boundaries of the Property now or later made available for the collective general use of Tenant and other persons entitled to occupy space in the Building, including the exterior surfaces and roof of the Building. Common Area shall not include any areas or facilities that could be considered as Common Area except that the areas or facilities are included in the description of premises leased to any other tenant of the Building.
2 2.2 Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except areas used in the maintenance or operation of the Property), in common with Landlord and other tenants of the Property and their customers and invitees, subject to such reasonable, nondiscriminatory rules and regulations concerning the use of the Common Area as may be established by Landlord from time to time. Written notice of such rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant thirty (30) days prior to their effective date. Tenant agrees to promptly comply with all such rules and regulations upon receipt of written notice from Landlord.
2.3 Control of and Changes to Common Area. Landlord shall have the sole and exclusive control of the Common Area, as well as the right to make reasonable changes to the Common Area. Landlord’s rights shall include, but shall not be limited to, the right to:
(i) restrain the use of the Common Area by unauthorized persons; (ii) cause Tenant to remove or restrain persons from any unauthorized use of the Common Area if they are using the Common Area by reason of Tenant’s presence in the Property; (iii) temporarily close any portion of the Common Area for repairs, improvements or alterations, to discourage noncustomer use, to prevent dedication or an easement by prescription, or for any other reason deemed sufficient in Landlord’s judgment; and (iv) reasonably change the shape and size of the Common Area, add, eliminate or change the location of improvements to the Common Area. Landlord may determine the nature, size and extent of the Common Area, as well as make changes to the Common Area from time to time which, in Landlord’s opinion, are deemed desirable for the Property.
3. TERM.
3.1 Term; Commencement Date. The “Initial Term” of this Lease shall be as set forth in Section 7 of the Basic Lease Information and shall commence as of the Commencement Date set forth in Section 7 of the Basic Lease Information. The Initial Term together with the Extension Term(s), if any, are collectively referred to herein as the “Term.”
4. RENT; SECURITY DEPOSIT.
4.1 Base Rent; Rent. All Rent under this Lease shall commence as of the Commencement Date. Rent shall be paid as set forth in this Section 4. Tenant shall pay to Landlord, at Landlord’s address for payment of Rent designated in Section 1 of the Basic Lease Information, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Rent, the Base Rent designated in Section 8 of the Basic Lease Information, without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. Upon execution of this Lease, Tenant shall pay to Landlord the first month’s Base Rent. If Base Rent is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a thirty (30) day month. The term “Rent” means the Base Rent and any other amounts of any kind that become due and payable by Tenant to Landlord under this Lease, including deferred rent payments set forth in Section 4.1.1. The total monthly and annual rent owed is set forth in Exhibit C. Tenant’s obligation to pay Rent under this Lease survives the Term to the extent such obligation has not been fulfilled during the Term.
3 4.1.1 Payment of Deferred Rent. Tenant and Landlord agree that $39,767 in deferred rent that was unpaid during the prior lease due to the COVID-19 pandemic will be repaid in graduated monthly payments over the term of the lease as outlined in the table below.
Payments will be due with each monthly Base Rent payment. No interest will be charged on the payment of deferred rent except as set forth in Section 4.3, if payments are not received according to the schedule set forth below.
Lease Year Monthly Deferred Rent
Payment
Total Annual Deferred
Rent Payment
Sep 2026-Aug 2027 $300.00 $3,600.00
Sep 2027-Aug 2028 $500.00 $6,000.00
Sep 2028-Aug 2029 $700.00 $8,400.00
Sep 2029-Aug 2030 $900.00 $10,800.00
Sep 2030-Aug 2031 $913.92 $10,967.00
Total Repaid: $39,767.00
4.2 Application of Payments. All payments received by Landlord from Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect.
4.3 Late Charge and Interest. The late payment of any Rent will cause Landlord to incur additional costs, including administration and collection costs and processing and accounting expenses (“Delinquency Costs”). If Landlord has not received any installment of Rent within five (5) business days after such amount is due, Tenant shall pay a late charge of ten percent (10%) of the delinquent amount immediately. The ten percent (10%) late charge represents a reasonable estimate of the Delinquency Costs incurred by Landlord. In addition, all such delinquent amounts shall bear interest from the date such amount was due until paid in full at a rate per annum (“Applicable Interest Rate”) equal to the lesser of (i) the maximum interest rate permitted by Law, or (ii) five percent (5%) above the rate publicly announced by Bank of America, N.A. (or if Bank of America, N.A. ceases to exist, the largest bank then headquartered in the State of California) (“Bank”) as its “Reference Rate.” If the use of the announced Reference Rate is discontinued by the Bank, then the term Reference Rate shall mean the announced rate charged by the Bank which is, from time to time, substituted for the Reference Rate. Landlord and Tenant recognize that the damage which Landlord shall suffer as a result of Tenant’s failure to pay such amounts is difficult to ascertain and said late charge and interest are the best estimate of the damage which Landlord shall suffer in the event of late payment.
Landlord’s acceptance of late Rent, partial Rent and late charges does not equate with a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any rights and remedies available under this Lease and/or by operation of Law.
4 4.4 Security Deposit. The cash sum specified under Section 9 of the Basic Lease Information, if any, shall be deposited with Landlord concurrently with Tenant’s execution of this Lease (“Security Deposit”). Landlord shall hold the Security Deposit as security for the performance of Tenant’s obligations under this Lease. Tenant is not entitled to any interest on the Security Deposit and Landlord shall not be liable therefor. If Tenant defaults on any provision of this Lease, Landlord may, at its election and without prejudice to any remedy it has under this Lease or by operation of Law, apply all or part of the Security Deposit to: (i) Rent or other sum in default; (ii) any amount that Landlord may spend or become obligated to spend in exercising Landlord’s rights under this Lease; (iii) unamortized costs of improvements paid for by Landlord, if any; (iv) unamortized costs of brokerage commissions, if any; or (v) any expense, loss or damage that Landlord may suffer because of Tenant’s default. Tenant waives the provisions of California Civil Code section 1950.7, and all Laws in force or that become in force after the date of execution of this Lease, that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises. Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omission of Tenant, or of Tenant’s officers, agents, employees, independent contractors, invitees, customers, licensees, assignees or subtenants (individually and collectively, “Tenant’s Parties”).
4.5 Restoration of Security Deposit; Return of Security Deposit. If Landlord applies any portion of the Security Deposit during the Term, Tenant shall, within ten (10) days after demand by Landlord, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount. If Tenant performs every provision of this Lease to be performed by Tenant, the unused portion of the Security Deposit, if any, shall be returned to Tenant or the last assignee of Tenant’s interest under this Lease within thirty (30) days following the expiration or termination of the Term.
4.6 Transfer of Security Deposit; Assignment or Encumbrance of Security Deposit. If Landlord disposes of its interest in the Premises, Landlord may deliver the remaining Security Deposit to Landlord’s successor in interest in the Premises and thereupon be relieved of further responsibility with respect to the Security Deposit. Tenant may not assign or encumber the Security Deposit without the prior written consent of Landlord. Any attempt to do so shall be void and shall not be binding on Landlord.
5. UTILITIES AND JANITORIAL SERVICES.
5.1 Landlord Utility and Service Costs. Landlord shall be responsible and directly contract and pay for the following utilities and services in connection with Tenant’s use or occupancy of the Premises: (i) water; (ii) sewage; (iii) the Landlord janitorial services described in Section 5.2 below; (iv) trash removal; and (v) HVAC (individually and collectively, the “Landlord Services”).
5.2 Janitorial Services. Landlord shall provide all janitorial services to common areas only. Tenant shall provide and pay for all janitorial services, including supplies and shampooing carpets, to the Leased Premises during this lease term.
5 5.3 Tenant Utility and Service Costs. Tenant, at Tenant’s sole cost and expense, shall be responsible and shall directly contract and pay for any and all utilities and services required or desired by Tenant in connection with its use or occupancy of the Premises, which are not expressly included within the definition of Landlord Services, including, but not limited to, electricity, gas, telephone, computer, internet, communications services, plumbing and drain clean out services, and alarm.
5.4 Conservation and Use Policies. Tenant, at Tenant’s sole cost and expense, shall comply with federal, state, or local governmental controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the Term.
5.5 Exculpation of Liability. Landlord is not obligated to furnish any security patrol or any other services to Tenant, other than the Landlord Services expressly described above, and Landlord shall not be liable for any loss or damage suffered by Tenant or others, by reason of Landlord’s failure to furnish or election to discontinue providing any security patrol or other services. Landlord shall not be liable for any failure or interruption of any Landlord Service being furnished to the Premises, and no such failure or interruption shall entitle Tenant to terminate this Lease. Landlord makes no representation with respect to the presence, adequacy or fitness of the heating, air conditioning or ventilation equipment on or about the Premises to maintain temperatures which may be required for, or because of, any equipment of Tenant. The exculpation of liability under this Section 5.5 shall not apply to the extent claims are caused by Landlord’s gross negligence or willful misconduct.
6. TAXES.
6.1 Taxes. As used in this Lease “Taxes” means Possessory Interest Taxes and Personal Taxes. Tenant’s obligations for Taxes for the last full or partial year of the Term and for any prior unpaid Taxes shall survive the expiration or earlier termination of this Lease.
6.2 Possessory Interest Taxes. This Lease creates a possessory property interest in Tenant. Tenant’s property interest may be subject to property taxation, and Tenant or the party in whom the possessory interest is vested shall be responsible for payment of any and all property taxes levied on the interest (collectively, “Possessory Interest Taxes”).
6.3 Personal Taxes. Tenant shall pay directly to the taxing authority all taxes and assessments levied upon the trade fixtures, alterations, additions, improvements, partitions, cabling, wiring, furniture, equipment, inventories and other personal property located and/or installed on the Premises by or on behalf of Tenant (individually and collectively “Tenant’s Property”) and any Tenant Improvements (collectively, “Personal Taxes”).
6.4 Payment of Taxes. Tenant shall pay all Taxes prior to delinquency. To the extent any such taxes are not separately assessed or billed to Tenant by the taxing authority, Landlord shall deliver to Tenant copies of the assessment and tax bill. Tenant shall pay such amount directly to the taxing authority no later than ten (10) business days prior to the date on which such Taxes are due. Should Tenant fail to pay its Taxes, Landlord may elect to do so on Tenant’s behalf within five (5) days of Landlord’s demand therefor. Tenant shall reimburse
6 Landlord for such Taxes and any penalties and fines, together with interest at the Applicable Interest Rate, from the date Landlord tendered payment.
7. INSURANCE.
7.1 Landlord. Landlord may elect to self-insure, jointly-insure, or maintain insurance or an insurance equivalent (including, but not limited to, that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500, or similar collective) insuring the Property (excluding Tenant’s Property and any Tenant Improvements) on an occurrence basis against fire and extended coverage (including, if Landlord elects, “all risk” coverage) similar in type and coverage limits to that carried by Landlord on its other properties. At Landlord’s option, such insurance or insurance equivalent may be carried under any blanket or umbrella policies or other insurance or insurance equivalent which Landlord has in force for other buildings or projects.
Landlord may also carry such other insurance as Landlord may deem prudent or advisable, in such amounts and on such terms as Landlord shall determine. All such insurance or insurance equivalent maintained by Landlord pursuant to this Section 7.1 is referred to herein as “Landlord’s Insurance.” Landlord’s Insurance shall not, under any circumstances, include Tenant’s Property, any Tenant Improvements, or other items required to be covered by Tenant’s Insurance.
7.2 Tenant. Tenant shall, at Tenant’s expense, obtain and keep in force at all times during the Term the following “Tenant’s Insurance,” and shall be liable for all premiums, deductibles, and self-insured amounts, if any, in connection therewith. Tenant’s Insurance shall not have a deductible amount exceeding Five Thousand Dollars ($5,000).
7.3 Commercial General Liability Insurance. A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate, providing coverage for, among other things, blanket contractual liability (including Tenant’s indemnification obligations under this Lease), premises liability, products and completed operations liability, owner’s protective coverage, broad form property damage, and bodily injury (including wrongful death) and advertising injury coverage. If necessary, Tenant shall provide for restoration of the aggregate limit.
7.4 Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance, if required by Law, which complies with all applicable state statutes and regulatory requirements, and employer’s liability insurance coverage in statutory amounts.
7.5 Property Insurance. “All risk” property insurance including fire and extended coverage, sprinkler leakage, vandalism and malicious mischief coverage, covering damage to or loss of Tenant’s Property or any Tenant Improvements (together with, if the property of Tenant’s invitees is to be kept in the Premises, warehouser’s legal liability or bailee customers insurance insuring property belonging to invitees and located in or about the Premises), in an amount not less than the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or the mortgagees of Landlord shall be presumptive.
7 7.6 Other Insurance. Any other form or forms of insurance as Landlord or the mortgagees of Landlord may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent tenant would protect itself, but only to the extent such risks and amounts are available in the insurance market at commercially reasonable costs.
7.7 General.
7.7.1 Insurance Companies. Tenant’s Insurance shall be written by companies licensed to do business in California and having a “General Policyholders Rating” of at least A- VII (or such higher rating as may be required by a lender having a lien on the Premises) as set forth in the most current issue of “Best’s Insurance Guide.”
7.7.2 Certificates of Insurance. Tenant shall deliver to Landlord certificates of insurance for Tenant’s Insurance, in the form of the ACORD standard certificate of insurance, prior to the Commencement Date. Tenant shall, at least thirty (30) days prior to expiration of the policy, furnish Landlord with certificates of renewal or “binders” thereof. Each certificate shall expressly provide that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days’ prior written notice to the parties named as additional insureds as required in this Lease. If Tenant fails to maintain any insurance required in this Lease, Tenant shall be liable for all losses and costs resulting from said failure.
7.7.3 Additional Insureds. Landlord and any property management company of Landlord for the Premises shall be named as additional insureds on the commercial general liability policy required by Section 7.3. An additional insured endorsement naming such parties as additional insured(s) shall be attached to the certificate of insurance.
7.7.4 Primary Coverage. Tenant’s Insurance shall be primary, without right of contribution from any Landlord’s Insurance.
7.7.5 Umbrella/Excess Insurance. Any umbrella liability policy or excess liability policy shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of Tenant’s Insurance shall not limit Tenant’s liability under this Lease.
7.7.6 Waiver of Subrogation. Tenant waives any right to recover against Landlord for claims for damages to Tenant’s Property or any Tenant Improvements to the extent covered (or required by this Lease to be covered) by Tenant’s Insurance. This provision is intended to waive fully, and for the benefit of Landlord, any rights and/or claims which might give rise to a right of subrogation in favor of any insurance carrier. The coverage obtained by Tenant pursuant to this Lease shall include a waiver of subrogation endorsement attached to the certificate of insurance.
7.7.7 Notification of Incidents. Tenant shall notify Landlord within twenty- four (24) hours after the occurrence of any accident or incident on or about the Property or any portion thereof which could give rise to a claim against Landlord, Landlord’s Insurance, Tenant, or Tenant’s Insurance, except that Tenant shall not be obligated to give Landlord notice of any accident or incident which could give rise to a claim under Tenant’s workers’ compensation
8 insurance. Tenant’s notice shall be accompanied by a copy of any report(s) relating to the accident or incident.
7.7.8 Compliance With Insurance Requirements; Warranties. Tenant shall not do anything in the Premises, or bring or keep anything therein, or subject the Property or any portion thereof to any use which would damage the same or increase the risk of loss or fire, or violate Landlord’s Insurance, or Tenant’s Insurance, or which shall conflict with the regulations of the fire department or any Laws or with any insurance policy on the Premises or any part thereof, or with any rules or regulation established by any administrative body or official having jurisdiction. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted.
8. INDEMNITY; LIABILITY EXEMPTION.
8.1 Indemnity. Except to the extent claims are caused by Landlord’s gross negligence or willful misconduct, Tenant shall indemnify, protect, defend, and hold harmless Landlord and its elected officials, officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (i) any default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease; (ii) Tenant’s or Tenant’s Parties use of the Premises, the Property, or any portion thereof, or the conduct of Tenant’s business or any activity, work or thing done, permitted or suffered by Tenant or Tenant’s Parties in or about the Premises, the Property or any portion thereof; (iii) any act, error or omission of Tenant or Tenant’s Parties in or about the Property or any portion thereof; (iv) loss of, injury or damage to, or description of property (including but not limited to merchandise or inventory), including loss of use resulting from such loss, injury, damage, or destruction; or (v) any resulting economic loss, consequential damages, or exemplary damages (collectively, the “Indemnification”). Tenant shall provide such Indemnification by and through counsel reasonably acceptable to Landlord. The obligations of Tenant under this Section 8.1 shall survive the expiration or other termination of this Lease with respect to any claims or liability arising prior to such expiration or other termination.
8.2 Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions
9 arising within or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.
9. REPAIRS AND MAINTENANCE.
9.1 Landlord’s Obligations. The Premises are being leased to Tenant in their current, existing, “AS-IS” condition. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, decorate or paint the Premises, construct or install any Tenant Improvements, or otherwise alter or improve the Premises, Property, or any portion thereof. Having occupied the Premises before entering this Lease with Landlord, Tenant is familiar with the existing condition of the Property and Premises, including any Tenant Improvements, and acknowledges that Landlord has made no representation or warranty regarding the condition thereof. Landlord, at its expense shall maintain the Building’s roof (including structure portions of the roof), foundation, and exterior walls, exterior windows, common areas, building systems including HVAC, plumbing, and electrical and any items in the common areas required for compliance with applicable laws.
9.2 Tenant’s Waiver. Notwithstanding anything in this Lease to the contrary, whether stated or implied in this Lease, Tenant waives and releases its rights, including its right to make repairs at Landlord’s expense, under California Civil Code sections 1932(1), 1941, and 1942 or any similar Laws.
9.3 Tenant’s Obligations. Tenant, at its expense, shall maintain the Premises in good order, condition and repair, including interior floor surfaces and floor coverings, interior walls and wall coverings, paintings, interior glass, doors, Tenant Improvements, Signs, and any items required for compliance with Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to so maintain the Premises in good order, condition and repair, Landlord shall in its sole discretion, upon five (5) days’ written notice to Tenant, have the right but not the obligation to perform such maintenance, repairs or refurbishing at Tenant’s expense, provided Tenant fails to do so within such five (5) day period. If Landlord elects to undertake any such repairs or maintenance as provided above, then Tenant shall pay as additional Rent, Landlord’s actual costs paid or incurred in connection therewith.
10. ALTERATIONS.
10.1 Trade Fixtures; Alterations. Subject to the conditions and requirements of this Section 10, Tenant may install necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without structural or material damage to the Premises or any Tenant Improvements. For purposes of this Lease, “Trade Fixtures” means specialty fixtures or equipment used in Tenant’s trade or business as identified by Tenant and agreed to by Landlord in writing. Tenant shall not construct, or allow to be constructed, any alterations, physical additions, or improvements in, about, or to the Premises without the prior
10 written consent of Landlord, which consent may be granted or denied in Landlord’s sole discretion. If Landlord approves proposed alterations, additions or improvements, Landlord’s consent may be conditioned upon Tenant’s establishing compliance with Laws and with Landlord’s reasonable requirements regarding selection of contractors and construction of improvements and alterations. Should Tenant make any alterations, additions, improvements without the prior written consent of Landlord, Landlord may, at any time during the Term of this Lease, require Tenant to remove any or all of the same and restore the Premises to their prior condition, at Tenant’s sole cost and expense.
10.2 Satellites and Antennae. Notwithstanding anything in this Lease to the contrary, Landlord and Tenant agree that it shall be reasonable for Landlord to withhold its consent to installation in or about the Premises or any portion thereof of equipment comprising or relating to relays, monopoles, satellite dishes, antennae, wireless telecommunications devices, transmitters, roof mounts, two-way radios, or similar apparatus (collectively, “Transmission Devices”).
10.2.1 Tenant will not place or allow any third party to place or maintain on the roof or on any exterior door, wall or windows (or within forty-eight inches (48”) of any windows) of the Premises any sign, banner, flag, awning or canopy, advertising matter or window coverings of any type without Landlord’s prior written consent. Tenant further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or window coverings as may be approved in good condition and repair at all times.
10.3 Signs. All signs, graphics, and awnings of every kind visible in or from public view or corridors, or the exterior of the Premises, installed or caused to be installed by, for the benefit of, or at the request of Tenant (“Signs”) shall be, at Tenant’s sole cost and expense, and subject to Landlord’s prior written approval, and subject to all applicable Laws. Tenant shall remove all such Signs prior to the termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury or defacement of the Premises; and Tenant shall repair any injury or defacement, including discoloration caused by such installation or removal.
Tenant shall be responsible for all fees, costs and expenses associated with installation and removal of Signs. In the event any such fees, costs or expenses are incurred by Landlord (whether directly or indirectly), Landlord shall deliver to Tenant an invoice, with reasonable supporting documentation, and Tenant shall reimburse Landlord for those amounts within fifteen (15) days after receipt of such invoice.
10.4 Standard of Work. All work to be performed by or on behalf of Tenant shall be performed diligently and in a first-class, workmanlike manner, and in compliance with all applicable Laws and all insurance carrier requirements. Landlord shall have the right, but not the obligation, to periodically inspect such work and may require changes in the method or quality thereof. In no event shall such work materially obstruct access to the Property or any portion thereof.
10.5 Damage; Removal. Tenant shall repair all damage to the Premises, Property and any portions thereof caused by the installation or removal of Tenant’s Trade Fixtures or other work performed by or on behalf of Tenant. All alterations, improvements or additions that are now or in the future attached permanently to the premises shall be the property of Landlord and
11 remain with the premises at the termination of this lease. Upon the expiration or other termination of this Lease, Tenant shall perform any closure work, investigation and environmental remedial work required by the presence or suspected presence of any Hazardous Materials under Hazardous Materials Laws (as hereinafter defined) or by any other applicable Laws; provided, however, Landlord may require, upon written notice to Tenant no less than fifteen (15) days before the expiration or other termination of the Term, any such items (except Trade Fixtures) designated by Landlord to remain on the Premises, in which event they shall be and become the property of Landlord upon the expiration or other termination of this Lease. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises, the Property, or any portion thereof, whatsoever and in strict accordance with all applicable Laws.
10.6 Liens. Tenant shall promptly pay and discharge all claims for labor performed, supplies furnished and services rendered at the request of Tenant and shall keep the Premises and Property and all portions thereof free of all mechanics’ and materialmen’s liens in connection therewith. Tenant shall provide at least ten (10) business days’ prior written notice to Landlord before any labor is performed, supplies furnished or services rendered on or at the Premises and Landlord shall have the right to post on the Premises notices of non-responsibility. If any lien is filed, Tenant shall cause such lien to be released and removed within ten (10) days after the date of filing, and if Tenant fails to do so, Landlord may take such action as may be necessary to remove such lien, without the duty to investigate the validity of it, and Tenant shall pay Landlord such amounts expended by Landlord together with interest thereon, at the Applicable Interest Rate, from the date of expenditure.
10.7 Bonds. Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, lien, performance, and payment completion bonds in an amount equal to one and one-half times the estimated cost of any alterations, additions, or improvements to insure Landlord, the Premises and the Property against any liability for mechanic’s and materialmen’s liens, and to ensure completion of the work and payment of any contractors or subcontractors.
11. PREVAILING WAGES.
11.1 Prevailing Wages. Tenant acknowledges and agrees that any Tenant Improvements, repairs, maintenance, or alterations made by or on behalf of Tenant to the Premises, Property, or any portion thereof (“Improvement Work”), which will become Landlord’s property upon the expiration or termination of this Lease, whether paid for in whole or part by Landlord or which are considered to have been paid for in whole or part by Landlord, will constitute “[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds….” California Labor Code § 1720.
Accordingly, Tenant shall comply with applicable prevailing wage policies as set forth in the City of Berkeley Municipal Code, applicable California Labor Code requirements pertaining to “public works” (California Labor Code Section 1720 et seq., as amended from time to time and implementing regulations)), and other applicable Laws addressing the payment of prevailing wages in connection with any Improvement Work (collectively, “Prevailing Wage Laws”).
Tenant shall require the general contractor for any Improvement Work to submit, upon request by Landlord, certified copies of payroll records to Landlord and to maintain and make records available to Landlord and its designees for inspection and copying to ensure compliance with
12 Prevailing Wage Laws. Tenant shall also include in its general contractor agreement, and in all of its subleases and other contracts, a provision in a form acceptable to Landlord which obligates the general contractor and others as applicable, (i) to comply with, and to require that their respective subtenants, contractors and/or subcontractors comply with, Prevailing Wage Laws, and (ii) upon request by Landlord to submit certified copies of payroll records to Landlord and to maintain and make such payroll records available to Landlord and its designees for inspection and copying during regular business hours at the Premises or at another location within the City of Berkeley. Tenant shall defend, indemnify and hold harmless Landlord and its officers, officials, employees, volunteers, agents and representatives (collectively, “Indemnitees”) from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys’ fees and costs) (collectively, “Claims”), arising out of or in any way connected with Tenant’s obligation to comply with all such Prevailing Wage Laws, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726. Tenant hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with Tenant’s obligation to comply with all Prevailing Wage Laws with respect to the Improvement Work.
12. PERMITTED USE AND PUBLIC TRUST TIDELANDS REQUIREMENTS.
12.1 Usage. The Premises shall be used only for the permitted uses set forth in Section 6 of the Basic Lease Information and for no other purpose whatsoever without the prior written consent of Landlord. Tenant’s execution of this Lease and entry of the Premises hereunder shall conclusively establish that the foregoing were at such time in satisfactory condition. Tenant, at Tenant’s expense, shall comply with all applicable Hazardous Materials Laws, statutes, laws, codes, rules, orders, zoning, ordinances, directions, regulations, regulations, permits, or other requirements of federal, state, county, municipal, or other governmental authorities having jurisdiction, now in force or which may hereafter be in force (individually “Law” and collectively “Laws”), which shall impose any duty upon Landlord or Tenant with respect to the use, occupancy, or alteration of the Premises. Tenant shall be responsible for obtaining a Berkeley Business License and any other permit or business license required by any governmental agency permitting Tenant’s use of the Premises. Landlord makes no representation concerning the availability of any permits or approvals required or permitted under this Lease. Tenant shall comply with the rules and regulations, including observance of prohibited uses (“Rules”), attached hereto as Exhibit B and incorporated by reference, together with such reasonable additional rules and regulations as Landlord may from time to time prescribe. Tenant shall not commit waste; overload the floors or structure of the Premises; permit any unreasonable odors, smoke, dust, gas, substances, noise, or vibrations to emanate from the Premises that are offensive or objectionable to Landlord or other tenants or occupants of the Property; take any action which would constitute a nuisance or would disturb, obstruct, or endanger Landlord or other tenants or occupants of the Property; take any action which would abrogate any warranties; or use or allow the Premises to be used for any unlawful purpose; and shall cooperate with Landlord and Landlord’s agents to prevent those actions. Landlord shall not be responsible for non-compliance by any other tenant or occupant with, or Landlord’s failure to enforce, any of the Rules or any other terms or provisions of such tenant’s or occupant’s lease.
13 12.2 Public Trust Tidelands Requirements. Tenant acknowledges that the Property is located on State tidelands held by the City of Berkeley in trust for the promotion of commerce, navigation, and fishery pursuant to that certain statutory grant from the State of California to the City of Berkeley, as set forth in Statutes 1913, Chapter 347, as amended (“Statutory Grant”).
Tenant agrees and covenants to use the Property in a manner consistent with the Statutory Grant and applicable public trust and tidelands requirements during the term of this Lease.
13. ENVIRONMENTAL MATTERS.
13.1 Environmental Compliance. Tenant shall, at its sole cost and expense, comply with all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force (collectively, “Hazardous Materials Laws”) concerning the management, use, generation, storage, transportation, discharge or disposal of any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act. “Hazardous Materials” include asbestos, asbestos- containing materials, hydrocarbons, polychlorinated biphenyl (“PCB”) or PCB-containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by- product thereof. Neither Tenant nor Tenant’s Parties shall use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on, under or about the Premises or the Property. Tenant shall cause any and all Hazardous Materials brought onto, used, generated, handled, treated, stored, released or discharged on or under the Premises or the Property to be removed from the Premises and Property and transported for disposal in accordance with applicable Hazardous Materials Laws. Landlord shall have the right to enter the Premises from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Tenant’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Tenant shall immediately notify Landlord in writing of:
(i) any release or discharge of any Hazardous Material; (ii) any voluntary clean-up or removal action instituted or proposed by Tenant; (iii) any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened; or (iv) any claim made or threatened by any person against Landlord, Tenant, the Premises, Property, or any portion thereof relating to Hazardous Materials or Hazardous Materials Laws. Tenant shall also supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant’s use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event Tenant institutes a cleanup or removal action, Tenant shall provide copies of all workplans and subsequent reports submitted to the governmental agency with jurisdiction to Landlord in a timely manner.
13.2 Tenant’s Indemnification. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant shall indemnify, defend and hold Landlord harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys’ fees and expenses and consultant fees and expenses)
14 relating to the presence of Hazardous Materials in, on, under, about, or emanating from the Premises, the Property, or any portion thereof, including, without limitation, any bodily injury, death, property damage, natural resource damage, decrease in value of the Premises, the Property, or any portion thereof, caused or alleged to have been caused by Tenant or Tenant’s Parties’ use, storage, handling, treatment, generation, discharge or release of Hazardous Materials in violation of Tenant’s obligations under this Lease, whether such claims, causes of action or liabilities are first asserted during the Term or thereafter, and including, without limitation, claims made against Landlord with respect to bodily injury, death or property damage sustained by third parties caused or alleged to have been caused by Tenant or Tenant’s Parties’ use, storage, handling, treatment, generation, discharge or release of Hazardous Materials.
14. DAMAGE AND DESTRUCTION.
14.1 Casualty. If, during the Term, the Premises is totally or partially destroyed from any cause rendering the Premises totally or partially inaccessible or unusable (“Casualty”), then Landlord shall have the right at Landlord’s option to give written notice to Tenant within ninety (90) days after the date of the occurrence of such Casualty of Landlord’s intention to either (i) repair such Casualty as soon as reasonably possible at Landlord’s expense; or (ii) terminate this Lease as of the date of the occurrence of such damage. If Landlord elects to repair the damage, and if the cost of such repairs does not exceed the amount of insurance proceeds received by Landlord from Landlord’s Insurance pursuant to Section 7 above, on account of such damage, and if the restoration can be made under then existing Laws and can be completed within one hundred eighty (180) days after obtaining all necessary permits therefor, then Landlord shall restore the Premises (excluding Tenant’s Property and any Tenant Improvements) to substantially the same condition as they were in immediately before destruction. If the restoration cannot be so made, then within fifteen (15) days after Landlord determines that the restoration cannot be made as stated in this Section 14.1, Tenant may terminate this Lease immediately by giving written notice to Landlord. If the existing Laws do not permit the restoration, either party may terminate this Lease by giving ninety (90) days prior written notice to the other party. In case of destruction, there shall be an abatement or reduction of Rent, between the date of destruction and the date of completion of restoration if restoration takes place, or the date of termination if the Lease is terminated, based on the extent to which the destruction actually and materially interferes with Tenant’s use of the Premises.
14.2 Tenant’s Fault. If the Premises, the Property, or any portion thereof, are damaged resulting from the negligence or breach of this Lease by Tenant or any of Tenant’s Parties, Rent shall not be reduced during the repair of such damage, Tenant shall have no right to terminate this Lease as provided in Section 14.1, and Tenant shall be liable to Landlord for the cost of the repair caused thereby to the extent such cost is not covered by insurance proceeds.
14.3 Repair Limitation. Notwithstanding anything in this Lease to the contrary, Landlord shall not be required to repair any injury or damage, by fire or other cause, to Tenant’s Property or any Tenant Improvements, if any, or to rebuild, repair or replace any decorations, alterations, partitions, fixtures, trade fixtures, additions or other improvements installed on the Premises by or for Tenant, unless and to the extent Landlord has received insurance proceeds from Tenant’s property insurance as provided in Section 7.5 above, and neither Tenant or Landlord has opted to terminate this Lease as provided in Section 14.1.
15 14.4 Waiver. The provisions of this Lease contain an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4) (as amended from time to time, and successor statutes thereto) for any rights or obligations concerning a Casualty.
15. EMINENT DOMAIN.
15.1 Effect on Rights and Obligations. If any portion of the Premises is permanently taken by condemnation, this Lease shall remain in effect, except that Tenant may elect to terminate this Lease if 25% or more of the total square footage of the Premises (but expressly excluding parking areas, if any) is taken and if the remaining portion of the Premises is rendered unsuitable for Tenant’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving written notice to Landlord within thirty (30) days after the nature and the extent of the taking have been finally determined, as of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the date of taking if the date of taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the thirty- (30) day period, this Lease shall continue in full force and effect, except that the Base Rent thereafter to be paid shall be reduced on a pro-rata basis. Tenant shall notify Landlord in writing of any condemnation or threatened condemnation within ten (10) days after Tenant receives notice of said action or threatened action.
15.2 Award. In connection with any condemnation, Landlord shall be entitled to receive all compensation and anything of value awarded, paid, or received in settlement or otherwise (“Award”) and Tenant hereby irrevocably assigns and transfers to Landlord all rights to and interests in the Award and fully waives, releases, and relinquishes any claim to, right to make a claim on, or interest in the Award, including any amount attributable to any excess of the market value of the Premises for the remainder of the Term over the present value as of the termination date of the Rent payable for the remainder of the Term (commonly referred to as the “bonus value” of the Lease).
16. DEFAULT.
16.1 Events of Default. Where “default” is used in this Lease with reference to Tenant, default refers to any breach of Tenant’s obligations under this Lease, however brief. Where Tenant’s default continues for the period specified below, it shall, at Landlord’s option, constitute an Event of Default giving rise to the remedies set forth in Sections 16.2 and 16.3 of this Lease. The occurrence of any of the following events shall, at Landlord’s option, constitute an “Event of Default”:
16.1.1 Abandonment of or vacating the Premises, or cessation of Tenant’s business operations therein, for a period of ten (10) consecutive calendar days;
16.1.2 Failure to pay Rent or other sums on the date when due and the failure continuing for a period of ten (10) days after such payment is due;
16 16.1.3 Failure to perform Tenant’s covenants and obligations hereunder (except default in the payment of Rent) where such failure continues for a period of thirty (30) days;
16.1.4 The making of a general assignment by Tenant for the benefit of creditors; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any Laws relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing; the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold; Tenant’s insolvency or inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when due; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant’s assets; Tenant taking any action toward the dissolution or winding up of Tenant’s affairs; the cessation or suspension of Tenant’s use of the Premises; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold; or
16.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord’s lender pursuant to this Lease.
16.2 Remedies.
16.2.1 Termination. In the event of the occurrence of any Event of Default, Landlord shall have the right to give a written termination notice to Tenant and, on the date specified in such notice (which date shall be at least three (3) business days following the date of delivery of such notice), this Lease shall terminate unless on or before such date all arrears of Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder shall have been paid by Tenant and all other Events of Default at the time existing shall have been fully remedied to the satisfaction of Landlord (a) Repossession. Following termination, without prejudice to other remedies Landlord may have, Landlord may (i) peaceably re-enter the Premises upon voluntary surrender by Tenant or remove Tenant therefrom and any other persons occupying the Premises, using such legal proceedings as may be available; (ii) repossess the Premises or relet the Premises or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as Landlord in Landlord’s sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises; and (iii) remove all personal property therefrom. (b) Unpaid Rent. Landlord shall have all the rights and remedies of a landlord provided by applicable Laws, including the right to recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination, (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the time of award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided, (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided, and
17 (iv) any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s default. The phrase “worth, at the time of award,” as used in (i) and (ii) above, shall be computed at the Applicable Interest Rate, and as used in (iii) above, shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
16.3 Cumulative. Each right and remedy of Landlord provided for herein or now or hereafter existing at Law or in equity, by statute or otherwise shall be cumulative and shall not preclude Landlord from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent shall be deemed an accord and satisfaction of full payment of Rent; and Landlord may accept such payment without prejudice to Landlord’s right to recover the balance of such Rent or to pursue other remedies.
17. ASSIGNMENT AND SUBLETTING.
17.1 Landlord’s Consent. Tenant shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of Law, this Lease, the Premises or any part thereof, without Landlord’s prior written approval, which Landlord may withhold in its sole absolute discretion, without any obligation to consider any proposed assignment, sublet or transfer in good faith or otherwise. Tenant’s attempted assignment/subletting without first obtaining Landlord’s written consent shall be void at Landlord’s election. Landlord’s consent to one assignment or subletting shall not be deemed a consent to subsequent assignments and/or sublettings. In the event Tenant shall assign or sublet the Premises or request the consent of Landlord to any assignment or subletting or if Tenant shall request the consent of Landlord for any other act Tenant proposes to do, Tenant shall pay to Landlord any attorneys’ fees incurred by Landlord in connection with each such request.
18. ESTOPPEL, ATTORNMENT AND SUBORDINATION.
18.1 Estoppel. Within ten (10) days after request by Landlord, Tenant shall deliver an estoppel certificate duly executed and acknowledged to any proposed mortgagee, beneficiary, purchaser, or Landlord, in a commercially reasonable form substantially similar to that requested and a statement certifying, without limitation: (i) the date of commencement of this Lease; (ii) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications hereto, that this Lease is in full force and effect, as modified, and stating the date and nature of such modifications); (iii) the date to which the rental and other sums payable under this Lease have been paid; (iv) the fact that there are no current defaults under this Lease by either Landlord or Tenant except as specified in Tenant’s statement; (v) no deposit of any nature has been made in connection with the Lease (other than deposits the nature and amount of which are expressly described in the Lease); and (vi) such other matters requested by Landlord.
Landlord and Tenant intend that any statement delivered pursuant to this Section 18 may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the Premises, the Property, any portion thereof, or any interest therein. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) there are no uncured
18 defaults in Landlord’s performance; (iii) not more than one (1) month’s rental has been paid in advance; and (iv) no deposit of any nature has been made in connection with the Lease except as represented by Landlord.
18.2 Subordination. This Lease shall be subject and subordinate to all ground leases, CC&Rs, and the lien of all mortgages and deeds of trust which now or hereafter affect the Premises or the Property or Landlord’s interest therein, and all amendments thereto, all without the necessity of Tenant’s executing further instruments to effect such subordination; provided, however, that Tenant’s rights hereunder shall not be disturbed, except in accordance with the terms and provisions of this Lease. If requested, Tenant shall execute and deliver to Landlord within ten (10) days after Landlord’s request, whatever documentation that may reasonably be required to further effect the provisions of this Section 18.2.
18.3 Attornment. In the event of a foreclosure proceeding, the exercise of the power of sale under any mortgage or deed of trust or the termination of a ground lease, Tenant shall, if requested, attorn to the purchaser thereupon and recognize such purchaser as Landlord under this Lease. The transferee shall not be liable for any acts, omissions or defaults of Landlord that occurred before the sale or conveyance, or the return of any security deposit except for deposits actually paid to transferee, and except as reduced as expressly provided for in Section 4.4 of this Lease or by operation of Law.
19. RELOCATION WAIVER.
19.1 Waiver. Tenant fully releases and discharges Landlord (in its capacity as Landlord and otherwise as a municipal corporation) from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in Law or equity, of any kind or nature, known or unknown, now existing or hereinafter arising, which arise from or relate in any manner to the relocation of Tenant’s business operations, or the relocation of any person(s), business(es), or other occupant(s) located on within, on, or about, the Premises following the full or partial termination or expiration of Tenant’s leasehold interest in the Premises (collectively, “Relocation Claims”), including waiver and release of any relocation rights under Government Code sections 7260 et seq. or any federal Laws (collectively, “Relocation Assistance Law”).
Tenant acknowledges and agrees that the release and waiver set forth in this Section 19 is material consideration for Landlord’s agreement to enter into this Lease, and that, but for this release and waiver, Landlord would not have entered into this Lease. By releasing and forever discharging the Relocation Claims, Tenant expressly waives any rights under California Civil Code section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
20. REQUIRED ACCESSIBILITY DISCLOSURE
20.1 The City hereby advises Tenant that the Property has not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Lease, The City shall have no liability or responsibility to make any repairs or modifications to the Property in
19 order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law:
20.1.1 “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject Property comply with all of the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the subject Property, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject Property for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Property.” [Cal. Civ.
Code Section 1938(e)]. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to The City’s prior written consent.
21. CITY NON-DISCRIMINATION ORDINANCE
21.1 Tenant hereby agrees to comply with the provisions of B.M.C. Chapter 13.26 as amended from time to time. In the performance of this Lease, Tenant agrees as follows:
21.2 Tenant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.
21.3 Tenant shall permit the City access to records of employment, employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the City, are necessary to monitor compliance with this non- discrimination provision. In addition, Tenant shall fill out, in a timely fashion, forms supplied by the City to monitor this non-discrimination provision.
21.4 Tenant represents that it is subject to state and federal anti-discrimination laws, and maintains a policy of non-discrimination in admission, access, and treatment in its programs, activities, and employment, which fulfill the requirements of subdivision (a), above. Assuming, arguendo, that the requirements of Chapter 13.26 would otherwise apply, for purposes of this Lease the City agrees that the documentation contemplated in subdivision (b) will not be required of Tenant.
22. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
22.1 If Tenant provides any aid, service or benefit to others on the City’s behalf, Tenant shall, in the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Tenant shall further observe and comply with all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination against individuals with disabilities or ensuring that individuals with disabilities are not excluded from participating in or receiving benefit, services or activities of the City.
20 22.2 If Tenant is or becomes a “public accommodation” as defined in Title III of the Americans with Disabilities Act of 1990, Tenant shall observe and comply with all applicable provisions of the Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the Tenant. All Tenant’s activities must be in accordance with these laws, ordinances, codes, and regulations, and Tenant shall solely be responsible for complying therewith.
23. BERKELEY EQUAL BENEFITS ORDINANCE (EBO)
23.1 Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.
23.2 If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision.
23.3 If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law and equity. Tenant’s failure to comply with this Paragraph shall constitute default of the Lease.
23.4 In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Tenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.
24. BERKELEY LIVING WAGE ORDINANCE (LWO)
24.1 Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance (LWO). If Tenant employs six (6) or more part-time or full- time employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City of Berkeley (City) mandated minimum compensation during the term of this Lease, as defined in B.M.C. Chapter 13.27, as well as comply with the terms enumerated herein.
24.2 Licensee shall be required to maintain all reasonable records and documents that would establish whether Licensee is subject to the LWO. If Licensee is subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records of those employees located on the Property. These records shall include the total number of hours
21 worked, the number of hours spent providing service on the Property, the hourly rate paid, and the amount paid by Licensee for health benefits, if any, for each of its employees providing services under the Lease. The records described in this paragraph shall be made available upon the City’s request. The failure to produce these records upon demand shall be considered a default, subject to the provisions contained in Paragraph 23 herein.
24.3 If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance, as defined in B.M.C. Chapter 13.27, in any and all sublicenses in which Licensee enters with regard to the subject Property. Sublicenses shall be required to comply with this ordinance with regard to any employees who spend 25% or more of their compensated time on the Property.
24.4 If Licensee fails to comply with the requirements of the LWO and this Lease the City shall have the rights and remedies described in this Paragraph, in addition to any rights and remedies provided by law or equity. Licensee’s failure to comply with this Paragraph shall constitute default of the Lease, upon which City may terminate this Lease pursuant to Paragraph
23. 24.5 In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount of $50 per employee per day for each and every instance of an underpayment to an employee. It is mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the applicable living wage will result in damages being sustained by the City; that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this time; and that the liquidated damage is not intended as a penalty of forfeiture for Licensee’s breach.
25. OPPRESSIVE STATES
25.1 In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual relations with, and agrees during the term of this Lease to forgo contractual relations to provide personal services to, the following entities:
25.1.1 The governing regime in any Oppressive State.
25.1.2 Any business or corporation organized under the authority of the governing regime of any Oppressive State.
25.1.3 Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of this Lease) for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.
25.2 For purposes of this Lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and V-Tsang shall be deemed Oppressive States. Licensee’s failure to comply with this paragraph shall constitute a default of this Lease and City may terminate this Lease. In the
22 event that City terminates this Lease due to a default under this provision, City may deem Licensee a non-responsible bidder for five (5) years from the date this Lease is terminated.
26. CONFLICT OF INTEREST PROHIBITED
26.1 In accordance with Government code section1090, Berkeley City Charter section 36, and the Berkeley Municipal Code (B.M.C.) Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of Licensee, or immediate family member of any of the preceding, shall have served with the City as an elected officer, an employee, or a City board, committee or commission member, who has directly or indirectly influenced the making of this Lease.
26.2 In accordance with Government Code section 1090 and the Political Reform Act, Government Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant of the Licensee, or immediate family member of the preceding, shall make or participate in a decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Licensee.
26.3 Interpretation of this section shall be governed by the definitions and provisions used in the Political Reform Act, Government Code section87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
27. MISCELLANEOUS.
27.1 General.
27.1.1 Entire Agreement. This Lease sets forth all the agreements between Landlord and Tenant concerning the Property and the Premises, and there are no agreements either oral or written other than as set forth herein.
27.1.2 Time of Essence. Time is of the essence of this Lease.
27.1.3 This subsection intentionally deleted.
27.1.4 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.
27.1.5 Law. This Lease shall be construed and enforced in accordance with the Laws of the State of California, without reference to its choice of law provisions.
27.1.6 Interpretation. The titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The
23 word “including” shall be construed as if followed by the words “without limitation.” This Lease shall be interpreted as though prepared jointly by both parties.
27.1.7 No Option. Submission of this Lease to Tenant for examination or negotiation does not constitute an option to lease, offer to lease or a reservation of, or option for, the Premises; and this Lease shall become effective and binding only upon the execution and delivery hereof by Landlord and Tenant.
27.1.8 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, subject to compliance with the terms of Section 17.
27.1.9 Third Party Beneficiaries. Nothing herein is intended to create any third party benefit.
27.1.10 Memorandum of Lease; Title. Landlord may elect to have either this Lease or a short form memorandum hereof recorded pursuant to the requirements of California Government Code section 37393. Tenant shall cooperate with Landlord in executing and acknowledging any such memorandum of lease. Upon the expiration or other termination of this Lease, Tenant shall immediately execute and deliver to Landlord a quitclaim deed to the Premises and the Property, as required, in recordable form, designating Landlord as transferee or grantee. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Property or any portion thereof.
27.1.11 No Agency, Partnership or Joint Venture. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of landlord and tenant.
27.1.12 Merger. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof or a termination by Landlord shall not work a merger and shall, at the option of Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies.
27.1.13 Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Lease shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.
27.1.14 Limitation of Liability. The obligations of Landlord under this Lease are not personal obligations of Landlord; and Tenant shall look solely to the rents, issues, profits and other income generated by the Premises for satisfaction of any liability of Landlord and shall not look to other assets of Landlord nor seek recourse against the other assets of Landlord.
Whenever Landlord transfers its interest, Landlord shall be automatically released from further performance under this Lease and from all further liabilities and expenses hereunder and the
24 transferee of Landlord’s interest shall assume all liabilities and obligations of Landlord hereunder from the date of such transfer.
27.1.15 Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, to Landlord’s address and Tenant’s address set forth in Sections 1 and 2 of the Basic Lease Information, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.
27.1.16 Brokerage Commission. Landlord and Tenant each represents that they have not been represented by any broker in connection with this Lease, and that no real estate broker’s commission, finder’s fee or other compensation is due or payable. Tenant agrees to indemnify and hold harmless Landlord from any claims or liability, including reasonable attorneys’ fees, in connection with a claim by any person for a commission, Finder’s Fee or other compensation based upon any statement, representation or agreement of Tenant.
27.1.17 Authorization. Each individual or entity executing this Lease on behalf of Tenant represents and warrants that he or she or it is duly authorized to execute and deliver this Lease on behalf of Tenant and that such execution is binding upon Tenant.
27.1.18 Holding Over. If, with Landlord’s express written consent, Tenant holds over the Premises or any part thereof after expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease, except that Base Rent shall be equal to 125% of the Base Rent payable under this Lease for the last full month before the date of expiration or termination. This section shall not be construed as Landlord’s permission for Tenant to hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Term, except as specifically set forth above. If Tenant remains in possession of the Premises after expiration or other termination of this Lease without Landlord’s express written consent, Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Base Rent during the holdover period an amount equal to one hundred fifty percent (150%) of the Rent payable under this Lease for the last full month before the date of expiration or termination. If Tenant fails to surrender the Premises upon expiration or other termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’s failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or other termination of this Lease and any related attorneys’ fees and brokerage commissions.
27.1.19 Surrender. Upon the expiration or other termination of this Lease or Tenant’s right to possession of the Premises, Tenant will surrender the Premises, together with all keys, broom-swept clean and in good condition and repair, reasonable wear and tear excepted.
Conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements shall not be deemed “reasonable wear and tear.”
25 27.1.20 Joint and Several. If Tenant consists of more than one person, the obligation of all such persons shall be joint and several.
27.1.21 Covenants and Conditions. Each provision to be performed by Tenant hereunder shall be deemed to be both a covenant and a condition. This Lease shall be construed as though the covenants between Landlord and Tenant are independent and not dependent.
Tenant expressly waives the benefit of any statute to the contrary, and agrees that even if Landlord fails to perform its obligations under this Lease, Tenant shall not be entitled to make repairs or perform any acts at Landlord’s expense, or to any setoff against Rent or other amounts owing under this Lease against Landlord.
27.1.22 Force Majeure. For purposes of this Lease, the term “Force Majeure” shall mean and include the following: any delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over any portion of the Property, over any construction anticipated to occur thereon or over any uses thereof, or by fire, flood, inclement weather, energy shortage, strikes, lockouts or other labor or industrial disturbance, civil disturbance, order of any government, court or regulatory body claiming jurisdiction or otherwise, governmental preemption or curtailment in connection with a national emergency or in connection with any rule, order, guideline or regulation of any department or governmental agency, or by reason of the conditions of supply and demand which have been or are affected by a war or other emergency, acts of terrorism, act of public enemy, war, riot, sabotage, blockade, embargo, failure or inability to secure an adequate supply of water, electricity, fuel, materials, supplies or labor through ordinary sources by reason of shortages or priority, discovery of Hazardous Materials (as defined in paragraph
13.1), earthquake, or other natural disaster, or any cause whatsoever beyond the reasonable control (excluding financial inability) of the party whose performance is required.
27.1.23 Financial Statements. Upon ten (10) days prior written request from Landlord (which Landlord may make at any time during the Term but no more often than once in any calendar year, unless Tenant is in default), Tenant shall deliver to Landlord a current financial statement of Tenant and any guarantor of this Lease. Such statements shall be prepared in accordance with generally acceptable accounting principles and certified as true in all material respects by Tenant (if Tenant is an individual) or by an authorized officer or general partner of Tenant (if Tenant is a corporation or partnership, respectively).
28. SANCTUARY CITY CONTRACTING
Tenant hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Tenant agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
A. “Data Broker” means either of the following:
26 i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
B. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include:
i. The City’s computer-network health and performance tools; ii. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer based activity.
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27 IN WITNESS WHEREOF, City and Tenant have executed this Lease as of the date written on number four (4) of the basic lease information sheet.
Approved as to form: CITY OF BERKELEY
____________________________ By ______________________________ City Attorney City Manager
Registered by: Attest:
____________________________ _________________________________ City Auditor City Clerk
Tenant
International Child Resource Institute
By__________________ _
Ellie Mashour, Executive Director
TENANT INFORMATION:
Tax Identification No. ______________________
Incorporated: Yes _______ No _____
Certified Woman Business Enterprise: Yes ______No______ Certified Minority Business Enterprise: Yes ______No______ Certified Disadvantaged Business Enterprise: Yes ____ No______
28 EXHIBIT A-1
PROPERTY DESCRIPTION
The property is located within the Berkeley Waterfront in the City of Berkeley, CA. The premises include approximately 1,748 square feet comprising the southwestern portion of the 2nd floor of the building commonly known and referred to as 125-127 University Avenue, Berkeley, CA 94710.
Lease Agreement for 125-127 University Avenue – ICRI
EXHIBIT A-2
DEPICTION OF PREMISES
EXHIBIT B
2 EXHIBIT B
RULES AND REGULATIONS
Tenant shall comply with the following Rules and Regulations (individually and collectively, “Rules”). Landlord shall not be responsible to Tenant for the nonperformance of any of these Rules.
1. Locks; Keys. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord’s prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Two keys shall be furnished by Landlord for the Premises, and any additional keys required by Tenant must be obtained from Landlord at a reasonable cost to be established by Landlord.
2. Doors Opening to Public Corridors; Protection of Premises. All doors opening to public corridors, if any, must be kept closed at all times except for normal ingress to and egress from the Premises. Tenant shall assume all responsibility, including keeping doors locked and other means of entry to the Premises closed, for protecting the Premises from theft, robbery, and pilferage.
3. Floor Loads. Landlord may prescribe the weight, size, and position of all safes, machinery, equipment, fixtures or other heavy property (“Heavy Property”) brought into the Premises and the times and manner of moving those items within and out of the Premises.
Tenant shall not overload any floor in the Premises or use or operate any machinery, equipment, or other device, even though its installation may have been permitted, that in Landlord’s opinion is harmful to the Premises. If Tenant shall require Heavy Property, Tenant shall notify Landlord of such fact. If considered necessary by Landlord, Heavy Property must stand on supports that are adequate to distribute the weight properly and Tenant shall pay the cost of any necessary supports or structural bracing. Any damage to any property (whether or not belonging to Tenant), the Premises, the Property or any portion thereof, or its or their respective contents, or any harm to Tenant, its employees, agents, or any occupants or visitors caused by moving or maintaining any Heavy Property shall be the sole responsibility and expense of Tenant.
4. Requirements of Tenant. Any special requirements of Tenant not set forth as an obligation of Landlord under the Lease will be considered only upon written application to Landlord at Landlord’s address set forth in the Lease. Landlord’s employees shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord.
5. Use of Plumbing Facilities; Responsibility for Damage. The plumbing facilities (including but not limited to restrooms, toilets, urinals, wash bowls, drains, and other apparatus) shall be used for no purpose other than that for which they were constructed, and no foreign substance of any kind shall be thrown into them. The expense of any breakage, stoppage, or damage resulting from violation of this rule shall be borne by Tenant.
6. Restrictions on Defacement; Maintenance of Premises. Tenant shall not mark, drive nails or screws into, or drill into the partitions, woodwork, or plaster, or in any way deface the
EXHIBIT B
3 Premises, the Property or any portion thereof, without Landlord’s prior written consent. Tenant shall maintain the Premises and all portions thereof in a safe, neat and clean condition.
7. Permitted Machines. No machines of more than one horsepower shall be installed, maintained, or operated on the Premises without Landlord’s prior written consent.
8. Flammable or Combustible Fluids or Materials; Foul or Noxious Gases or Substances; Nontoxic Materials. Tenant shall not use or keep, or allow to be used or kept, in or on the Premises, the Property, or any portion thereof, any kerosene, gasoline, or other flammable or combustible fluid, material, or any foul or noxious gas or substance. All materials, fabrics, and products used in Tenant’s furnishings, wall and floor coverings, and ceiling installations shall be nontoxic and subject to the prior approval of Landlord’s architect or engineer. Nothing contained here is intended or shall be construed to alter or diminish any obligations of Tenant under any portion(s) of its Lease addressing environmental matters and compliance, Hazardous Materials Laws, Hazardous Materials, or similar matters, or compliance with Laws. Any existing materials supplied or installed by Landlord in the Premises are exempt from this provision.
9. Cooking; No Use of Premises for Improper Purposes. No cooking shall be done or permitted on the Premises, except that Underwriters’ Laboratory (UL)-approved equipment and microwave ovens may be used in the Premises for heating food and brewing coffee, tea, hot chocolate, and similar beverages for employees and visitors. This use must be in accordance with all Laws. The Premises shall not be used for lodging, or for any improper, objectionable, or immoral purposes.
10. Exclusion or Expulsion. Landlord reserves the right to exclude or expel from the Property or any portion thereof any person who, in Landlord’s judgment, is under the influence of alcohol or drugs or commits any act in violation of any of these Rules.
11. Loitering Prohibited. Tenant and Tenant’s Parties shall not loiter in or about the Property for the purpose of smoking tobacco products or for any other purpose unrelated to Tenant’s use of the Premises.
12. Smoking; Illegal Substances. Smoking of tobacco products and use of illegal substances is strictly prohibited in or about the Property or any portion thereof.
13. Extermination. Tenant agrees not to permit the extermination of vermin to be performed in, on or about the Property or any portion thereof except at times and by a person or company reasonably designated by Landlord.
14. Obstructions. Tenant and Tenant’s Parties shall not in any way obstruct the sidewalks, entry passages, pedestrian passageways, driveways, entrances and exits to the Property, and they shall use the same only as passageways to and from the Premises. At no time shall Tenant or Tenant’s Parties be permitted to conduct work activity (except for normal loading and unloading of vehicles) nor store wooden pallets, boxes, goods or other materials outside the confines of Tenant’s Premises.
15. Disposal of Trash and Garbage. Tenant shall store all trash, garbage and refuse (“Trash”) within the interior of the Premises. Tenant shall not place or have placed in Trash
EXHIBIT B
4 boxes or receptacles any material that may not or cannot be disposed of in the ordinary and customary manner of removing and disposing of Trash in the vicinity of the Premises. Tenant shall comply fully with all applicable Laws when disposing of Trash.
16. Provision of Information to Tenant’s Employees. Tenant shall comply with requests by Landlord that Tenant inform Tenant’s employees and agents of items of importance to Landlord.
17. Prohibited Uses and Activities.
17.1 Any use, operation or activity which causes or produces the attraction of flies, insects, rodents or other animals, or the creation or emission of dust or dirt, without proper mitigating measures in place;
17.2 Any use, operation or activity which causes or produces any emission into the air of any (i) noxious, toxic, hazardous or corrosive fumes or gases; (ii) excessive smoke, dirt or dust; or (iii) pollutants in violation of any local, state or federal standards;
17.3. Any use, operation or activity which causes or produces any discharge of Hazardous Materials (as defined in Lease Section 13.1) into any sewer system or storm drain serving the Property in a manner that will result in any leaching into the soil, or release into the atmosphere or groundwater;
17.4. Hazardous or unsafe uses by reasons of danger of fire or explosion, or uses that will increase the fire hazard rating on the Property or other properties, or uses objectionable or offensive to adjoining properties;
17.5. Uses in violation of any applicable Laws;
17.6. Any construction, erection, or placement of ornamentation or other objects or equipment, permanently or temporarily, on the outside portions of the Property, whether such portion is improved or unimproved, except as specifically permitted by Landlord; and
17.7 Additional prohibited uses as determined by Landlord from time to time.
18. Conflict. In the event of any conflict between these Rules or any further or modified Rules from time to time issued by Landlord and the Lease provisions, the Lease shall govern and control.
19. Rule Changes; Waivers. Landlord reserves the right at any time to change or rescind any one or more of these Rules or to make such other and further reasonable Rules as, in Landlord’s judgment, may from time to time be necessary for the operation, management, safety, care and cleanliness of the Property or any portion thereof, for the preservation of good order therein, or for the convenience of other occupants and tenants of the Property, if any. Landlord may waive any one or more of these Rules for the benefit of any particular tenant(s). Landlord further reserve(s) all the rights reserved to it or them by the provisions of the Lease, by any CC&Rs, or by operation of Law. No waiver by Landlord shall be construed as a waiver of those Rules in favor of any other tenant or occupant of the Premises or Property, and no waiver shall prevent Landlord from enforcing those Rules against any other tenant or occupant of the Property.
EXHIBIT B
5 Landlord shall not be responsible to Tenant or to any other person for the non-observance or violation of the Rules by any other tenant, occupant, or other persons. Tenant shall abide by any additional rules or regulations which are ordered or requested by any governmental or military authority. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition of Tenant’s use and occupancy of the Premises.
EXHIBIT B
1 EXHIBIT C
PAYMENT PROVISION
Tenant: International Child Rescue Institute (ICRI)
Property Address: 125-127 University Avenue, Berkeley, CA 94710 Lease Term: 5 years
Annual Rent Increase: 3%
Initial Term
Lease Year Monthly
Base Rent
Monthly
Deferred Rent
Repayment
Total Monthly
Rent
Total
Annual Rent
Sep 2026-Aug 2027 $4,370.00 $300.00 $4,670.00 $56,040.00 Sep 2027-Aug 2028 $4,501.10 $500.00 $5,001.10 $60,013.20 Sep 2028-Aug 2029 $4,636.13 $700.00 $5,336.13 $64,033.56 Sep 2029-Aug 2030 $4,775.21 $900.00 $5,675.21 $68,102.52 Sep 2030-Aug 2031 $4,918.47 $913.92 $5,832.39 $69,988.68 Total Rent $318,177.96
EXHIBIT B
2 EXHIBIT D
GUARANTY
Not applicable to this lease agreement.
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 28, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval
RECOMMENDATION
Approve the minutes for the Council meetings of June 5, 2026 (closed), June 8, 2026 (closed), June 9, 2026 (regular), June 16, 2026 (regular), June 22, 2026 (closed), June 23, 2026 (special), and June 30, 2026 (regular).
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1. June 5, 2026 – Special Closed City Council Meeting
2. June 8, 2026 – Special Closed City Council Meeting
3. June 9, 2026 – Regular City Council Meeting
4. June 16, 2026 – Regular City Council Meeting
5. June 22, 2026 – Special Closed City Council Meeting
6. June 23, 2026 – Special City Council Meeting
7. June 30, 2026 – Regular City Council Meeting
Friday, June 5, 2026 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
FRIDAY, JUNE 5, 2026
12:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY CA 94703 TELECONFERENCE LOCATION – 200 SOUTH PINE AVE, LONG BEACH, CA 90802 TELECONFERENCE LOCATION – 20 MASSACHUSETTS AVE NW, WASHINGTON, DC
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: 165 344 0909. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. 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.
Attachment 1
Friday, June 5, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 12:04 p.m.
Present: Taplin, Bartlett, Tregub, O’Keefe, Lunaparra, Humbert, Ishii
Absent: Kesarwani, Blackaby
Public Comment - Limited to items on this agenda only – 0 speakers.
CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
Title of position to be filled: Director of Public Works Action: No reportable action taken.
OPEN SESSION:
Public Reports of actions taken pursuant to Government Code section 54957.1.
No reportable action taken.
Adjournment
Adjourned at 1:25 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council closed session meeting held on June 5, 2026.
________________________
Mark Numainville, City Clerk
Monday, June 8, 2026 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
MONDAY, JUNE 8, 2026
3:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY CA 94703 TELECONFERENCE LOCATION – 16 GARDEN STREET, CAMBRIDGE, MA 02138
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: 165 732 7204. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
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.
Attachment 2
Monday, June 8, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.
Present: Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: Kesarwani, Taplin, Bartlett
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)
a. WCAB Matter –# ADJ18585885; BER2300046
Action: M/S/C (Humbert/Tregub) to authorize the City Manager to settle by Compromise and Release, as to a workers’ compensation matter assigned claim number BER2300046 and WCAB case number ADJ18585885.
Vote: Ayes - Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani, Taplin, Bartlett.
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2) or (d)(3). a. Contract dispute. Number of potential cases: one.
Action: No reportable action taken.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Govt. Code § 54956.9(d)(1).
a. Nancy Yates v. City of Berkeley et al., Case No. 24-CV-077608 (Alameda Cnty. Sup. Ct.) Action: No reportable action taken.
4. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Maricar Dupaya Budget Manager, Janelle Rodrigues, Human Resources Director, David Coleman, Employee Relations Manager
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Chief Fire Officers Association Local 1227 I.A.F.F., Berkeley Fire EMS Professionals Association, Berkeley Police Association; SEIU 1021 Community Services and Part-Time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, IBEW Local 1245, Public Employee Union Local 1, Unrepresented Employees
Action: No reportable action taken.
Monday, June 8, 2026 MINUTES Page 3
OPEN SESSION:
Public Reports of actions taken pursuant to Government Code section 54957.1.
The City Council met in closed session on June 6, 2026, Pursuant to Government Code Section 54956.9(d) and provided directions to outside counsel and approved a settlement by Compromise and Release, as to a workers’ compensation matter assigned claim number BER2300046 and WCAB case number ADJ18585885.
Adjournment
Action: M/S/C (Humbert/Tregub) to adjourn the meeting.
Vote: Ayes - Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani, Taplin, Bartlett.
Adjourned at 4:24 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council closed session meeting held on June 8, 2026.
_________________________
Mark Numainville, City Clerk
Tuesday, June 9, 2026 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, June 9, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 16 GARDEN STREET, CAMBRIDGE, MA 02138
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: 165 707 6282. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
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.
Attachment 3
Tuesday, June 9, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:09 p.m.
Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: Bartlett
Councilmember Bartlett present at 6:17 p.m.
Report from Closed Session:
The City Council met in closed session on June 8, 2026, Pursuant to Government Code Section 54956.9(d), and provided directions to outside counsel and approved a settlement by Compromise and Release, as to a workers’ compensation matter assigned claim number BER2300046 and WCAB case number ADJ18585885.
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 City Manager Paul Buddenhagen for his contributions to the BUSD Cans for Carrots program.
2. Adjourned in Memory of Alan Tobey, Community Activist City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.
Public Comment by Employee Unions: 0 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 10 speakers.
Action: M/S/C (Taplin/Humbert) to adopt Items 1-21 on the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, June 9, 2026 MINUTES Page 3
Action: M/S/C (Lunaparra/Tregub) to adopt Item 22 on the Consent Calendar.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – O’Keefe (recused for recent purchase of hot tub).
1. Lease Agreement: Patpatia & Associates, Inc. for 125-127 University Avenue From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,009-N.S. executing a lease agreement with Patpatia & Associates, Inc. to lease second floor office space located at 125-127 University Avenue in the Berkeley Waterfront. The initial lease term is anticipated to begin July 1, 2026 and end June 30, 2029, with two-1-year options to extend.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 8,009–N.S.
2. Amendment: FY 2026 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,010-N.S. amending the FY 2026 Annual Appropriations Ordinance No. 7,993–N.S. for fiscal year 2026 based upon recommended re-appropriation of committed FY 2025 funding and other adjustments in the amount of $17,362,804 (gross) and $16,419,776 (net).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 8,010–N.S.
3. Amendment to BMC Chapter 2.100 to Subject Pepper Spray to the Approval and Reporting Requirements of the Police Equipment Ordinance From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,011-N.S. amending Berkeley Municipal Code Section 2.100.040 to add pepper spray to the list of police equipment subject to the approval processes and reporting requirements defined in Chapter 12.8 of the California Government Code and BMC Chapter 2.100, and to require reporting on the administration of first aid following each use of pepper spray.
First Reading Vote: All Ayes.
Financial Implications: Staff time
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted second reading of Ordinance No. 8,011–N.S.
Consent Calendar
Tuesday, June 9, 2026 MINUTES Page 4
4. Assessments: Telegraph Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of Fiscal Year (FY) 2026 and proposed FY 2027 budget and declaring Council’s intention to levy an annual assessment for the TBID for FY 2027.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,292–N.S.
5. Assessments: Berkeley Tourism Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Annual Planning Report and preliminary budget for Fiscal Year 2027 (FY27) for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,293–N.S.
6. Assessments: North Shattuck Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2026 and proposed budget for FY 2027 and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2027.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,294–N.S.
7. Contract No 32400063 Amendment: Community Agency Agreement- Transient Occupancy Tax (TOT) Berkeley Convention and Visitors Bureau with the Berkeley Convention and Visitors Bureau d.b.a. Visit Berkeley From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32400063 between Visit Berkeley and the City of Berkeley. This amendment intends to modify the existing Not-to-Exceed (NTE) amount of the contract to allow all pass-through amounts of Transient Occupancy Tax (TOT) collected on behalf of Visit Berkeley above the existing NTE amount to be paid to Visit Berkeley when received. This amendment to the contract with Visit Berkeley will increase the contract amount by $1,114,351 for a new contract amount NTE $4,614,351.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,295–N.S.
Consent Calendar
Tuesday, June 9, 2026 MINUTES Page 5
8. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 9, 2026
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $2,849,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
9. Notice of Appropriations Limit for Fiscal Year 2027
From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2027 at its meeting of June 30, 2026; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 9, 2026.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 72,296–N.S.
10. Contract: Medical Priority Consultants, Inc dba Priority Dispatch From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a waiver of competition based on a Sole and Single Source justification and execute a contract with Medical Priority Consultants, Inc., doing business as Priority Dispatch, for the purchase, implementation, and maintenance of the International Academy of Emergency Dispatch (IAED) ProQA Priority Dispatch System software for Medical Priority Dispatch System (MPDS), Fire Priority Dispatch System (FPDS), and Police Priority Dispatch System (PPDS), including training, quality assurance tools, and ongoing software maintenance, in an amount not to exceed $942,533 for a five-year base term beginning July 1, 2026 and ending June 30, 2031 with two, two-year extension options not to exceed a total of $793,765 for the four extension years, and for a total contract amount not to exceed of $1,736,298 over nine years.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 72,297–N.S.
Consent Calendar
Tuesday, June 9, 2026 MINUTES Page 6
11. Revenue Grant Agreements: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to submit a grant agreement to the State of California, to accept the grant and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Maternal, Child, and Adolescent Health (MCAH) Program. The projected total amount of the grant is $315,267 for Fiscal Year (FY) 2027 through Fiscal Year 2029.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,298–N.S.
12. Donation: Memorial Bench at Berkeley Marina/Shorebird Park in Memory of Diana Zucker Patpatia
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront in memory of Diana Zucker Patpatia.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,299–N.S.
13. Donation: Memorial Bench at the Berkeley Rose Garden in Memory of Michael S. Sorgen
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Rose Garden in memory of Michael S. Sorgen.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,300–N.S.
14. Contract: Chemical Procurement Services LLC for Mini-Bulk Swimming Pool Chemicals
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Chemical Procurement Services LLC for Mini Bulk Swimming Pool Chemicals in an amount not to exceed $175,000 for the term of July 1, 2026, to June 30, 2028.
Financial Implications: Various Funds - $175,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,301–N.S.
Consent Calendar
Tuesday, June 9, 2026 MINUTES Page 7
15. Contract No. 32300202 Amendment: Vol-Ten Corp Bus Service for Echo Lake Camp and Recreation Division Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300202 with Vol-Ten Corporation DBA: Delta Charter Bus to provide charter bus transportation services for Echo Lake Youth Camp and other summer Recreation Division programs by adding $140,000 for a new not to exceed amount of $539,000.
Financial Implications: Various Funds - $140,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,302–N.S.
16. Storefront Retail Cannabis Establishment: 2590 Telegraph Avenue From: City Manager
Recommendation: Adopt a Resolution permitting the People’s Cannabis Company to operate a storefront retail cannabis establishment at 2590 Telegraph Avenue, pursuant to BMC 23.320.020 (Cannabis Retail), contingent on the company obtaining all other required state and local permits.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 72,303–N.S.
17. Contract No. 32300022 Amendment: Public Safety Family Counseling Group Inc. for Additional Critical Incident Stress Management (CISM), Education and Counseling Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300022 with Public Safety Family Counseling Group Inc. to provide additional CISM, Peer Support Team support, education, and counseling services, for a total amount not to exceed $60,000, for a total contract amount not to exceed $260,000, and extending the term through June 30, 2027.
Financial Implications: General Fund - $60,000
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,304–N.S.
18a. Policy Recommendations for the City of Berkeley Regarding Event Producers and Civic Events
From: Civic Arts Commission
Recommendation: Adopt the attached City of Berkeley Event Producers and Civic Events Policy Recommendations.
Financial Implications: See report
Contact: Carianna Arredondo, Commission Secretary, (510) 981-7000 Action: See action for Item 18b.
Consent Calendar
Tuesday, June 9, 2026 MINUTES Page 8
18b. Companion Report: Policy Recommendations for the City of Berkeley Regarding Event Producers and Civic Events
From: City Manager
Recommendation: Refer to the City Manager:
1. A feasibility and cost analysis of the Civic Arts Commission’s Policy Recommendations, with the inclusion of alternative recommendations that meet the Civic Arts Commission’s intention of an equitable, transparent, efficient, and predictable special events program in Berkeley;
2. Present analytical findings and any alternative policy recommendations to the Civic Arts Commission for feedback and stakeholder engagement; and
3. Return to the City Council with findings and final recommendations regarding Special Events in Berkeley.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000, Carianna Arredondo, City Manager's Office, (510) 981-7000
Action: Approved recommendation in Item 18b.
Council Consent Items
19. Berkeley Poet Laureate Program: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Ishii (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $2500 per Councilmember including $2500 from Mayor Ishii to the Berkeley Poet Laureate Program to support the continuation of the program by covering associated selection panelist fees and stipends for the selected poet laureate with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Ishii and any other Councilmembers who would like to contribute.
Financial Implications: Mayor’s Discretionary Funds - $2,500 Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Councilmember Taplin added as a co-sponsor. Adopted Resolution No. 72,305–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Kesarwani - $100; Councilmember Humbert - $100; Councilmember Bartlett - $200; Councilmember Lunaparra - $200; Councilmember Tregub - $150; Councilmember Taplin - $1,000; Councilmember O’Keefe - $200; Councilmember Blackaby - $500.
Council Consent Items
Tuesday, June 9, 2026 MINUTES Page 9
20. Chavez/Huerta Tribute Site: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Ishii (Author), Councilmember Kesarwani (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $2500 per Councilmember including $2500 from Mayor Ishii and $500 from Councilmember Rashi Kesarwani to the Kala Art Institute, the fiscal sponsor for the Chavez/Huerta Tribute Site, with funds relinquished to the City’s general fund for the purpose of providing the resources needed for the maintenance of the Chavez/Huerta Tribute Site, from the discretionary Council Office Budgets of Mayor Ishii & Councilmember Kesarwani and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $2,500 Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Adopted Resolution No. 72,306–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $100; Councilmember Bartlett - $200; Councilmember Lunaparra - $200; Councilmember Tregub - $150; Councilmember Taplin - $250; Councilmember O’Keefe - $200; Councilmember Blackaby - $500.
21. 2027 Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Mayor Ishii (Author), Councilmember Tregub (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $3,500 per Councilmember, including $3,500 from Mayor Ishii, and $500 from Councilmember Tregub to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from the discretionary Council Office Budget of all Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to its 24th Annual Holocaust Remembrance Day program, created by the community with City Council support.
Financial Implications: Councilmembers’ Discretionary Funds - $500 Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Councilmember Taplin added as a co-sponsor. Adopted Resolution No. 72,307–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Kesarwani - $100; Councilmember Humbert - $500; Councilmember Bartlett - $200; Councilmember Lunaparra - $200; Councilmember Taplin - $500; Councilmember O’Keefe - $200; Councilmember Blackaby - $1,500.
Council Consent Items
Tuesday, June 9, 2026 MINUTES Page 10
22. Amendments to Berkeley Municipal Code Section 23.204.070 (D) (Hot tubs) From: Councilmember Humbert (Author)
Recommendation: Refer to the City Manager and the Planning Commission to amend Berkeley Municipal Code Section 23.304.070(D) to: 1. Allow unenclosed outdoor hot tubs, jacuzzis, and spas ministerially in all zoning districts except ES-R, subject to compliance with applicable building, fire, noise, and setback requirements; and 2. Replace the Use Permit requirement in the ES-R district with an Administrative Use Permit (AUP). This change aligns the level of review with the actual impacts of these installations, reduces unnecessary delay and cost (both to applicants and the City), and preserves appropriate oversight in environmentally sensitive areas.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Councilmembers Kesarwani and Bartlett added as co-sponsors. Approved recommendation.
Action Calendar – Public Hearings
23. Changes to the Environmental Health Fee Schedule (Continued from May 19, 2026)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution:
1. Approving revisions to the fee schedule for the Environmental Health Division (EHD) effective July 1, 2026, and,
2. Rescinding Resolution No. 71,354-N.S. effective July 1, 2026.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Tregub/Kesarwani) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Humbert/Taplin) to adopt Resolution No. 72,308–N.S. to 1) approve revisions to the fee schedule for the Environmental Health Division (EHD) effective July 1, 2026; and 2) Rescind Resolution No. 71,354-N.S. effective July 1, 2026.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, June 9, 2026 MINUTES Page 11
24. Repeal and Reenact Berkeley Municipal Code (BMC) Chapter 14.52 to Adjust the goBerkeley Parking Management Program; Change Parking Permit Fees; Establish a New Schedule for Parking Violations, Fines, and Late Payment Penalties; and Rescind Resolution No. 71,627-N.S. (Continued from May 19, 2026)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code chapter 14.52, “Parking Meters,” to enable the following changes: a. Extend parking meter operating hours to 8 p.m. citywide; b. Operate parking meters, pay stations, and parking enforcement on Sundays. c. Expand meter zones to new high- demand areas; d. Authorize a transition to cashless parking meters and/or pay stations in the future; and
2. Adopt a Resolution to pass through parking meter costs currently paid by the City to a transparent transaction charge paid by the customer; and
3. Adopt a Resolution implementing a new FY 2028 fee schedule for Residential Parking Permit fees; and
4. Adopt a Resolution updating the Schedule of Parking Violations and Fines; and rescinding Resolution No. 71,627-N.S. (Parking Violations and Fines).
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 5 speakers.
M/S/C (Tregub/Taplin) to close the public hearing.
Vote: All Ayes.
Action: M/S/Failed (Blackaby/Bartlett) to amend the main motion to remove recommendation 1.b. (Sundays).
Vote: Ayes – Bartlett, Blackaby; Noes – Kesarwani, Taplin, O’Keefe, Lunaparra, Humbert, Ishii; Abstain – Tregub.
Action: M/S/Carried (Taplin/Humbert) to:
1. Adopt the first reading of Ordinance No. 8,012–N.S. repealing and reenacting Berkeley Municipal Code chapter 14.52. Second reading scheduled for June 30, 2026.
2. Adopt Resolution No. 72,309–N.S. (Parking Meter Costs)
3. Adopt Resolution No. 72,310–N.S. (Fee Schedule)
4. Adopt Resolution No. 72,311–N.S. (Violations and Fines) Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – Bartlett.
Action Calendar – Public Hearings
Tuesday, June 9, 2026 MINUTES Page 12
25. Zero Waste Plan Checks and Compliance Inspections Fees (Continued from May 19, 2026) (Item contains revised materials)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing new cost recovery fees in the Public Works Department’s Zero Waste Plan Check and Compliance Inspections; authorizing the City Manager, or designee, to collect such fees to recover staffing costs.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 1 speakers.
M/S/C (Tregub/Taplin) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Tregub/Humbert) to adopt Resolution No. 72,312–N.S. including revised materials in Supplemental Communications Packet #1 and further amended to add the following language to Exhibit A to the resolution. “Notwithstanding any other provision of this fee schedule, fees associated with solar permit applications shall be applied in a manner consistent with Government Code §66015. Where applicable, the Zero Waste plan review and compliance inspection fee shall be adjusted, reduced, or waived as necessary to ensure that total permit- related fees do not exceed the maximum amounts permitted by state law.” Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, June 9, 2026 MINUTES Page 13
26. Appeal of the Housing Advisory Commission decision to deny the appeal and affirm the Determination by the Building Official for 1615 Fairview Street Regarding the Applicability of Exterior Elevated Elements Inspection Requirement
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the Housing Advisory Commission (HAC) decision to (1) deny the Appeal and affirm the Building Official’s determination that 1615 Fairview Street is not in compliance with the Exterior Elevated Elements (E3) Inspection Program; and (2) uphold the associated fees consistent with Council-adopted policy and State law.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Taplin/Bartlett) to close the public hearing.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Ishii (recused for living in close proximity to the subject property).
Action: M/S/C (Bartlett/Kesarwani) to adopt Resolution No. 72,313–N.S. affirming the Housing Advisory Commission (HAC) decision to (1) deny the Appeal and affirm the Building Official’s determination that 1615 Fairview Street is not in compliance with the Exterior Elevated Elements (E3) Inspection Program; and (2) uphold the associated fees consistent with Council-adopted policy and State law.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Ishii (recused for living in close proximity to the subject property).
Action Calendar – New Business
27. Discussion about the desired qualifications for the next Director of Police Accountability
From: Mayor Ishii (Author)
Recommendation: Enter into a discussion between WBCP Inc. (Recruiter), and the Mayor and City Council to determine the ideal candidate profile for the next director of Office of the Director of Police Accountability for the City of Berkeley.
Financial Implications: None
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: 0 speakers. The Council provided feedback to the recruiter as requested.
Discussion held.
Tuesday, June 9, 2026 MINUTES Page 14
Action Calendar – Public Hearings
28. Proposed Five-Year Capital Improvement Program (CIP) and Proposed Five- Year CIP Public Hearing No. 1
From: City Manager
Recommendation: Accept the Proposed Five-Year (FY 2027 - FY 2031) Capital Improvement Program (CIP) for review and consideration by the City Council, conduct Public Hearing No. 1 on the Proposed Five-Year CIP, and final adoption for June 23, 2026.
Financial Implications: See report.
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Action: M/S/C (Tregub/Humbert) to continue Item 28, including the supplemental materials from the City Manager, to the June 16, 2026 meeting.
Vote: All Ayes.
Public Comment – Items Not Listed on the Agenda - 4 speakers.
Adjournment
Action: M/S/C (Taplin/Bartlett) to adjourn the meeting.
Vote: Ayes – Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani
Adjourned at 10:40 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on June 9, 2026.
_________________________
Mark Numainville, City Clerk
Communications
Monument Relocation
1. Larry Pozos, David Martinez, Sam Martinez, Yolanda Fernandez, Christina Fernandez Franco, and Clementina Duron, Harvey Smith, Larry Reyna Sr., Beatriz Leyva-Cutler on behalf of La Colectiva Latina de Berkeley Repaving Request
2. Alicia Dantzker and Lise Dworkin
3. James Loza
4. Kate Gallagher
5. Donald Rothberg
Tuesday, June 9, 2026 MINUTES Page 15
BACS Transfers Concerns
6. Francesca Agrusa (2)
Downtown Revitalization
7. Krista Denton
2180 Oxford St and ZAB
8. Steven Schuyler (2)
Flock Concerns
9. Lydia Hartunian
10.Sepehr Nadimi
11.Jessica Adams
12.Pamela Michaud
Fire Department Concerns
13.Mike Rivera on behalf of Fire Recovery USA
14.Rocky Offner
15.Joanne Rucker
16.Phyllis Steiber
Hopkins Street
17.Martin Hammer on behalf of the North Berkeley Design Team
18.Howard Goldberg
19.Bruce Buckelew
20.Cindi Goldberg
Ferry Project
21.Liza McNulty
22.Paul Kamen
23.Augie Kazickas
Kala Art Institute
24.Ellen Lake and Mayumi Hamanaka
Trash Dumping Concerns
25.Craig Nagasawa
Billing Error
26.Benjamin Yu
Trash and Clean Up
27.Lex, Willy, Emry, and Arjun
SF Mimes
28.David Rosen
Tuesday, June 9, 2026 MINUTES Page 16
29.Sonya Dublin
30.Arlene Owseichik
31.William Bogert
Aquatic Park/Railroad Project
32.Maryann Osullivan
33.Wahid Amiri
Himalayan Faire
34.Harald Leventhal
Letter to AG Bonta
35.M. Eid Abdalla
Police Accountability Board
36.Office of the Director of Police Accountability
Traffic Safety Concerns
37.Shirley Kirsten
38.Riti Dhesi
39.Carleen Mandolfo
Throne Restrooms
40.Samir Jain
41.James Hannon
Ashby Bart Station
42.Jeffrey Church on behalf of Visit Berkeley
STEM Fest
43.Amy Miller
Safety Concerns
44.Simona Shirazi
45.Tiffany Harnsongkram
3-Day Walk
46.Renee Saucedo on behalf of The Northern California Coalition For Just Immigration Reform (NCCJIR)
I-580 Truck Access Study
47.No Big Rigs On 580 Committee
Housing
48.John J. Parman
Tuesday, June 9, 2026 MINUTES Page 17
COSOW Panel
49.Shantee Baker
Friends of the Library Luncheon
50.Cathy Brown
Health Concern
51.Meryl Siegal
Advising Concern
52.Elizabeth Johnston
Park Name Change
53.Carol David
Mother’s Day in the Rose Garden
54.Leah Ambra
Student Housing Tour
55.Alex Merenkov
Tier 2 Transit Stops
56.Ron Kelly
Underground Wiring
57.Pamela Doolan
BUSD LEARNS
58.Dianna Mullins
Appreciation Month
59.Musa Tariq
Campus Safety
60.Sai Nagarajan
URLs
61.Russbumper (13)
Forwards
62.Russbumper (6)
Newsletter
63.Downtown Berkeley Association
64.Visit Berkeley (2)
65.John Craner
66.Richard Schwartz
Tuesday, June 9, 2026 MINUTES Page 18
Upzoning/Zoning
67.Charlie Stephen and Laura Walsh
68.Molly Miller
69.David Salk
70.Mimi Moungovan
71.Michelle Pasternack
72.Elea Bernou
73.Barbara Freeman
74.Emily O’Rourke
75.Jennifer Cooper
76.Madeleine Shearer
77.Carleen Mandolfo
78.Alex Wong
79.Michael Smartt
80.Dana Scott
81.Don Hicks
82.Larry Hartsough
83.Dorothea Dorenz
84.Dan Nilles
85.Laurel Leichter
86.Janet McBride on behalf of Bay Area Ridge Trail Council
87.Ken Berland
88.Stephen Alpert (8)
89.8 Similarly worded form letters “While you have made good progress…” Golden Bear Homes Concern
90.Jon Ruel Holder II (3)
BMR Rent Clarifications
91. Alex Merenkov (6)
92.Misty Garrett (5)
E-Scooters
93.Robert Borghese (18)
94.Carson Lepre (12)
95.Antonio Vargas (3)
96.Anosh Dumasia (4)
Bond Vote
97.Joe Berry
Supplemental Communications and Reports 1
Item #25: Zero Waste Plan Checks and Compliance Inspections Fees (Continued from May 19, 2026) (Item contains revised materials)
98.Presentation submitted by the Public Works Department
Tuesday, June 9, 2026 MINUTES Page 19
Item #26: Appeal of the Housing Advisory Commission decision to deny the appeal and affirm the Determination by the Building Official for 1615 Fairview Street Regarding the Applicability of Exterior Elevated Elements Inspection Requirement
99.Andrew Marowitz (3)
Item #28: Proposed Five-Year Capital Improvement Program (CIP) and Proposed Five-Year CIP Public Hearing No. 1
100. Cathleen Fogel (2)
101. Marsha Gale and Liz Hoadley
Supplemental Communications and Reports 2
Item #28: Proposed Five-Year Capital Improvement Program (CIP) and Proposed FiveYear CIP Public Hearing No. 1
102. Supplemental agenda material submitted by the City Manager’s Office Supplemental Communications and Reports 3
Item #23: Changes to the Environmental Health Fee Schedule (Continued from May 19, 2026)
103. Presentation submitted by the Health, Housing, & Community Services Department
Item #24: Repeal and Reenact Berkeley Municipal Code (BMC) Chapter 14.52 to Adjust the goBerkeley Parking Management Program; Change Parking Permit Fees; Establish a New Schedule for Parking Violations, Fines, and Late Payment Penalties; and Rescind Resolution No. 71,627-N.S. (Continued from May 19, 2026) 104. Presentation submitted by the Public Works Department 105. Barbara Gilbert
106. Beth Roessner
Item #25: Zero Waste Plan Checks and Compliance Inspections Fees (Continued from May 19, 2026) (Item contains revised materials)
107. Presentation submitted by the Public Works Department Item #26: Appeal of the Housing Advisory Commission decision to deny the appeal and affirm the Determination by the Building Official for 1615 Fairview Street Regarding the Applicability of Exterior Elevated Elements Inspection Requirement
108. Presentation submitted by the Planning & Development Department 109. Andrew Marowitz
Item #28: Proposed Five-Year Capital Improvement Program (CIP) and Proposed Five-Year CIP Public Hearing No. 1
110. Howard Menashe and Christine Torp
111. Howard Menashe and Cathy Fogel
112. Barbara Freeman
113. Dorothea Dorenz
Tuesday, June 16, 2026 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, June 16, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 5101 GREAT AMERICA PKWY, SANTA CLARA, CA 95054
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: 165 140 1963. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
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.
Attachment 4
Tuesday, June 16, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: None
Councilmember Kesarwani participated in the meeting remotely under the “just cause” exception in the Brown Act due to a child caregiving need.
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. Adjourned in Memory of Bertha Brown, Former City Employee
2. Chris Lynch, Outside Counsel to the City, provided Bond Disclosure training for the City Council City Manager Comments: None
Public Comment on Non-Agenda Matters: 5 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 12 speakers.
Action: M/S/C (Humbert/Taplin) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 3
1. Write-Off of a Delinquent Revolving Loan Fund (RLF) Balance of $42,755 Owed by Minuteman Press (Synthesis Group, Inc)
From: City Manager
Recommendation: Adopt a Resolution authorizing the write-off of the outstanding loan balance of $42,755 owed by Synthesis Group, Inc. to the City’s Revolving Loan Fund (RLF) in accordance with the RLF Administrative Plan.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,314–N.S.
2. Temporary Appropriations FY 2027
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $60,000,000 to cover payroll and other expenses from July 1, 2026, until the effective date of the FY 2027 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 72,315–N.S.
3. FY 2027 Special Tax Rate: Fund the Provision of Library Relief Act of 2024 (Measure X)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for the Library Relief Act of 2024, approved by Berkeley voters in the November 2024 election, for funding the provision of Library Services in the City of Berkeley at $0.06297 (6.297 cents) per square foot for dwelling units and $0.09446 (9.446 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Bankhead, Library, (510) 981-6100, Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,013–N.S. Second reading scheduled for June 30, 2026.
4. FY 2027 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding the provision of Library Services in the City of Berkeley at $0.3128 (31.28 cents) per square foot for dwelling units and $0.4729 (47.29 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Bankhead, Library, (510) 981-6100, Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,014–N.S. Second reading scheduled for June 30, 2026.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 4
5. FY 2027 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for Business License Tax on large non-profits at $0.9168 (91.68 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,015–N.S. Second reading scheduled for June 30, 2026.
6. FY 2027 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0075%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,016–N.S. Second reading scheduled for June 30, 2026.
7. FY 2027 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0200%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,017–N.S. Second reading scheduled for June 30, 2026.
8. FY 2027 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding the provision of emergency services for the disabled at $0.02339 (2.339 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,018–N.S. Second reading scheduled for June 30, 2026.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 5
9. FY 2027 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.07026 (7.026 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.10634 (10.634 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, David Sprague, Fire, (510) 981- 3473
Action: Adopted first reading of Ordinance No. 8,019–N.S. Second reading scheduled for June 30, 2026.
10. FY 2027 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.13633 (13.633 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,020–N.S. Second reading scheduled for June 30, 2026.
11. FY 2027 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0492 (4.92 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,021–N.S. Second reading scheduled for June 30, 2026.
12. FY 2027 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0140%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,022–N.S. Second reading scheduled for June 30, 2026.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 6
13. FY 2027 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2783 (27.83 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,023–N.S. Second reading scheduled for June 30, 2026.
14. FY 2027 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at
0.0035%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,024–N.S. Second reading scheduled for June 30, 2026.
15. FY 2027 Tax Rate: Fund Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS) (Measure FF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2027 tax rate for funding Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS), otherwise known as Measure FF, at an annual rate of $0.17842 per square foot of dwelling unit improvements and $0.26238 per square foot for industrial, commercial, and institutional improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,025–N.S. Second reading scheduled for June 30, 2026.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 7
16. FY 2027 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2026 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0040%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 8,026–N.S. Second reading scheduled for June 30, 2026.
17. Authorization to Apply for and Accept Funds (when awarded) of FY 2026 USDOT Safe Streets and Roads for All (SS4A) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to submit an application to the United States Department of Transportation (USDOT) Fiscal Year 2026 Safe Streets and Roads for All (SS4A) grant program for Planning and Demonstration Grant funding; accept grant funds if awarded; execute all related agreements and amendments; and appropriate and allocate grant funds for activities supporting the City’s Street Trauma Prevention Program (STPP), Vision Zero, emergency response coordination, and related citywide roadway safety planning activities.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 72,316–N.S.
18. Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to receive up to the maximum grant award for the following Shelter Plus Care grants and to execute any resultant agreements and amendments. a. A Shelter Plus Care grant received via Alameda County in a not-to-exceed amount of $1,035,576 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2026, through February 28, 2027; and
b. A Shelter Plus Care grant from the United States Department of Housing and Urban Development (HUD) in the estimated amount of $7,305,893 for the Supportive Housing Collaborative Project (SHC) for the period September 1, 2026, through August 31, 2027.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,317–N.S.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 8
19. Behavioral Health Services Act Fiscal Years 2027-2029 Three-Year Integrated Plan
From: City Manager
Recommendation: Adopt a Resolution approving the Behavioral Health Services Act (BHSA) Fiscal Years 2027-2029 Three-Year Integrated Plan which formalizes the mandatory transition from the legacy Mental Health Services Act (MHSA) framework to the updated BHSA model mandated by California Proposition 1 (effective July 1, 2026); authorizing the signature of the City Council Certification form; forwarding the plan to appropriate state officials; and authorizing non- substantive, technical or ministerial modifications to the plan as required by the Department of Health Care Services (DHCS) for final state approval.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,318–N.S.
20. Memorandum of Understanding: Berkeley Police Association From: City Manager
Recommendation: Adopt a Resolution: 1) Approving a successor Memorandum of Understanding (hereafter referred to as "MOU") with the Berkeley Police Association (hereafter referred to as the "Union") for a term commencing upon adoption by Resolution of the City Council or on July 1, 2026, whichever occurs later, and expiring at 12:00 a.m. on July 1, 2028;
2) Authorizing the City Manager to execute and implement the successor MOU, including any agreements that may be operationally necessary during the term of the MOU, provided such agreements do not create increased economic obligations for the City or modify negotiated compensation or benefits; and 3) Approving a new Classification and Salary Table for Representation Units E and F, including the salary adjustments and Police Officer salary schedule changes reflected in the successor MOU, and superseding any prior inconsistent salary resolution or table as necessary.
The terms of the proposed successor MOU are within the parameters of authority approved by Council in closed session. The proposals were ratified by the Union following a five-day vote that concluded on May 28, 2026.
Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 72,319–N.S.
21. Utility Easements for East Bay Municipal Utility District (EBMUD) Water Meters at 80 and 90 Bolivar Drive
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to grant utility easements for two East Bay Municipal Utility District (EBMUD) water meters at City-owned buildings at 80 and 90 Bolivar Drive at Aquatic Park.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 8,027–N.S. Second reading scheduled for June 30, 2026.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 9
22. Approving Proposed Projects Anticipated to Be Paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2026-27 From: City Manager
Recommendation: Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account (RMRA) and authorize the City Manager to submit the proposed list to the California Transportation Commission.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,320–N.S.
23. Declaration of Intent – Fiscal Year 2027 Street Lighting Assessments From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to: 1. Approve the Engineer's Reports;
2. Set a public hearing to be held before the Council of the City of Berkeley at its July 14, 2026, meeting; and
3. Authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2027 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,321–N.S. (District 1982-1), and Resolution No. 72,322–N.S. (District 2018).
24. Contract: Odyssey Power for On-Call Generator Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Odyssey Power for On-Call Generator Maintenance in an amount not to exceed $125,000 for a full three-year contract term, with an option for the City Manager to extend for two additional one-year terms.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,323–N.S.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 10
25. Contract No. 32500082 Amendment: Telegraph Property and Business Management Corporation
From: City Manager
Recommendation: Adopt a Resolution amending the current contract with the Telegraph Property and Business Management Corporation, commonly known as the Telegraph Business Improvement District, for the janitorial maintenance of the 24-hour, seven days a week, public restroom increasing the not-to-exceed amount by $150,000 for a new not-to-exceed amount of $300,000 and extend the contract through June 30, 2027.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,324–N.S.
26. Contract: Radius Earthwork, Inc. for FY 2026 Street Maintenance and Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the FY 2026 Street Maintenance and Rehabilitation Project, Specification No. 26-11763- C; 2. Accepting the bid of Radius Earthwork, Inc., as the lowest, responsive and responsible bidder; and
3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $11,789,219.45.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,325–N.S.
27. Contract No. 31900085 Amendment: Syn-Tech Systems Inc. for Fleet Fueling System and Software
From: City Manager
Recommendation: Adopt a Resolution amending the contract with Syn-Tech Systems Inc. for Fleet Fueling System and Software, increasing the contract amount by $68,528 for a new not-to-exceed amount of $300,000 and extend the contract through June 30, 2029.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,326–N.S.
Consent Calendar
Tuesday, June 16, 2026 MINUTES Page 11
28. Contract No. 32400141 Amendment: Mercury Associates, Inc. for Fleet Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a second amendment to the contract with Mercury Associates, Inc. to continue working with the City on a fleet right-sizing study, fleet electrification analysis and other consulting services to comply with state mandates. This amendment increases the contract amount by $100,000, for a new total amount not to exceed $325,000 and extends through December 30, 2027.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,327–N.S.
29. 2026 Bicycle Plan Update
From: City Manager
Recommendation: Adopt a Resolution approving the 2026 Berkeley Bicycle Plan Update and directing the City Manager to pursue implementation of the Plan as funding and staffing permit.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,328–N.S.
30. Purchase Orders: Graybar Electric Company, Inc., W.W. Grainger, Inc. and WESCO Distribution, Inc. for Electrical Supplies and Parts From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute multi-year purchase orders as outlined below:
1. Purchase Order with Graybar Electric Company, Inc. for electrical supplies and parts, utilizing pricing established by Omnia Partners (“Omnia”) for a total not to exceed amount of $450,000 from July 1, 2026, to June 30, 2029.
2. Purchase Order with W.W. Grainger, Inc. for electrical supplies, utilizing pricing established by Omnia Partners (“Omnia”) for a total not to exceed amount of $450,000 from July 1, 2026, to June 30, 2029.
3. Purchase Order with WESCO Distribution, Inc. for electrical supplies, utilizing pricing established by Omnia Partners (“Omnia”) for a total not to exceed amount of $450,000 from July 1, 2026, to June 30, 2029.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,329–N.S. (Graybar Electric), Resolution No. 72,330–N.S. (W.W. Grainger), and Resolution No. 72,331–N.S. (WESCO).
Council Consent Items
Tuesday, June 16, 2026 MINUTES Page 12
31. Resorcery Org’s Mural Reveal and Food Drive Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $500 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to Resorcery Org. 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: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Councilmember Humbert added as a co-sponsor. Adopted Resolution No. 72,332–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $250; Councilmember Lunaparra - $200; Councilmember Blackaby - $250; Councilmember Tregub - $150; Councilmember Taplin $150; Councilmember O’Keefe - $200; Councilmember Kesarwani - $100; Mayor Ishii - $250.
32. Adopt a Position of Support for SB 954 (Blakespear): Addressing Non-Housing CEQA Exemptions for Industrial Manufacturing and Environmental Health Protections
From: Councilmember Tregub (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor)
Recommendation: Adopt a Position of support for California Senate Bill (SB) 954 (Blakespear), which amends non-housing California Environmental Quality Act (CEQA) exemptions enacted in SB 131 (2025), including clarifying and narrowing the “advanced manufacturing” exemption, establishing environmental and labor safeguards for exempt industrial projects, extending CEQA exemptions for daycare facilities in residential zones, and ensuring habitat for protected species remains subject to environmental review, and distribute copies to Governor Gavin Newsom, Senators Jesse Arreguín and Catherine Blakespear, and Assemblymember Buffy Wicks to support its passage.
Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.
Council Consent Items
Tuesday, June 16, 2026 MINUTES Page 13
33. United for Health’s Moffitt Library Clinic: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund, and funds from any other Councilmembers who would like to contribute, to United for Health (UFH) to continue its Moffitt Library Clinic for UC Berkeley students, with funds relinquished to the City’s general fund for this purpose.
Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 72,333–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $150; Councilmember Blackaby - $250; Councilmember Tregub - $150; Councilmember Taplin $150; Councilmember Bartlett - $200; Councilmember O’Keefe - $200; Councilmember Kesarwani - $100; Mayor Ishii - $250.
Action Calendar – Public Hearings
34. Implement Residential Preferential Parking (RPP) Program on the 1500 Block of Delaware Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25P by adding a subsection to implement Residential Preferential Parking (RPP) on the south side of Delaware Street between California Street and the Ohlone Greenway in RPP Area E.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Tregub/Taplin) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Tregub/Bartlett) to adopt Resolution No. 72,334–N.S. amending Resolution No. 56,508-N.S. Section 25P by adding a subsection to implement Residential Preferential Parking (RPP) on the south side of Delaware Street between California Street and the Ohlone Greenway in RPP Area E Vote: All Ayes.
Action Calendar – New Business
Tuesday, June 16, 2026 MINUTES Page 14
35. Policy for Disruption of Remote Participation During Council Meetings From: City Manager
Recommendation: Adopt a Resolution approving the Policy for Disruption of Telephonic or Internet Service During Public Meetings and append the Policy to the City Council Rules of Procedure and Order as Appendix C.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 0 speakers. M/S/C (Humbert/Taplin) to adopt Resolution No. 72,335-N.S. approving the Policy for Disruption of Telephonic or Internet Service During Public Meetings and append the Policy to the City Council Rules of Procedure and Order as Appendix C.
Vote: All Ayes.
36. Affirming All-Electric Standards for the 2026 Infrastructure Bond Measure and City Capital Projects (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
From: Environment and Climate Commission
Recommendation: The Berkeley Environment and Climate Commission recommends that the City Council adopt a Resolution to: Adopt a formal policy prohibiting the installation of new natural gas infrastructure (hereafter referred to as “gas”) or the replacement of existing gas equipment with new gas equipment in any project funded by the proposed 2026 General Obligation Bond Measure; Include explicit all-electric construction and retrofit language in the bond measure itself; and Direct staff to apply this no-new-gas standard as a condition of all City capital spending, beyond bond-funded projects, thus affirming that public funds shall not be used to install new gas infrastructure in any municipal facility.
Policy Committee Recommendation: To send the item to Council with a Qualified Positive Recommendation with an addition to add exception language to be approved by City Council.
Financial Implications: See report
Contact: Sarah Moore, Commission Secretary, (510) 981-7400 Action: 0 speakers. M/S/C (Humbert/Tregub) to adopt Resolution No. 72,336–N.S. as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee by including the revisions in Supplemental Communications Packet #2 from the City Manager, and further amended to add a new resolved clause that reads as follows:
BE IT FURTHER RESOLVED that the City Council's authority to grant exceptions to the all-electric construction and electrification requirements is a legislative discretionary act, and neither the granting nor the denial of any such exception shall give rise to any claim or cause of action in any court.
Vote: All Ayes.
Action Calendar – New Business
Tuesday, June 16, 2026 MINUTES Page 15
37. Placing a Charter Amendment Measure on the November 3, 2026 Ballot to Amend Multiple Administrative Provisions
From: City Manager
Recommendation: 1. Adopt a Resolution placing charter amendment measure on the November 3, 2026 Ballot to update election procedures and timelines to conform with modern standards, clarify the recall process, align the referendum process with new changes in state law, and other administrative changes related to candidates, petitions, and officeholders.
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: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 0 speakers. M/S/C (Ishii/Humbert) to 1) adopt Resolution No. 72,337–N.S. placing charter amendment measure on the November 3, 2026 Ballot, including the text amendments in Supplemental Communications Packet #2 from the City Manager; and 2) designate Mayor Ishii, Councilmember Taplin, and Councilmember Lunaparra to file ballot measure arguments on the measure.
Vote: All Ayes.
38. Placing a General Obligation Bond Measure on the November 3, 2026 Ballot for the Acquisition or Improvement of Real Property for Public Infrastructure and Facilities
From: City Manager
Recommendation: 1. Adopt a Resolution determining public interest and necessity for issuing a general obligation bond in the amount of $300 million for public infrastructure and facilities, submitting to the Berkeley electorate on the November 3, 2026 ballot a measure to authorize a general obligation bond in that amount, and finding that the proposed measure is not a project under the California Environmental Quality Act.
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: None
Contact: Paul Buddenhagen, City Manager, (510) 981-7000 Action: 1 speaker. M/S/C (Humbert/Tregub) to 1) adopt Resolution No. 72,338–N.S. determining public interest and necessity for issuing a general obligation bond in the amount of $300 million for public infrastructure and facilities, submitting to the Berkeley electorate on the November 3, 2026 ballot a measure to authorize a general obligation bond in that amount, and finding that the proposed measure is not a project under the California Environmental Quality Act; and including the following:
new ballot measure language in Supplemental Communications Packet #2 from the City Manager related to all-electric construction and replacement; new ballot measure language read into the record by the City Attorney; added a severability clause in Section 7 as read into the record by the City Attorney; and
2) designate Mayor Ishii, Councilmember Blackaby, Councilmember Tregub, and Councilmember Taplin to file ballot measure arguments on this measure.
Vote: All Ayes.
Action Calendar – Public Hearing
Tuesday, June 16, 2026 MINUTES Page 16
39. Placing a Transactions and Use (Sales) General Tax Measure on the November 3, 2026 Ballot
From: City Manager
Recommendation: 1. Adopt a Resolution submitting to the Berkeley electorate on the November 3, 2026 ballot a measure to authorize a one-half of one percent (0.5%) transactions and use (sales) tax for general municipal purposes, bringing the aggregate sales tax rate in Berkeley to 10.75%, and finding that the proposed measure is not a project under the California Environmental Quality Act.
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: None
Contact: Paul Buddenhagen, City Manager, (510) 981-7000 Action: 4 speakers. M/S/C (O’Keefe/Kesarwani) to 1) adopt Resolution No. 72,339– N.S. submitting to the Berkeley electorate on the November 3, 2026 ballot a measure to authorize a one-half of one percent (0.5%) transactions and use (sales) tax for general municipal purposes, bringing the aggregate sales tax rate in Berkeley to
10.75%, and finding that the proposed measure is not a project under the California Environmental Quality Act; 2) adopt first reading of Ordinance No. 8,028-N.S.
Second reading scheduled for June 30, 2026; and 3) designate Mayor Ishii, Councilmember Kesarwani, and Councilmember O’Keefe to file ballot measure arguments on this measure.
Vote: All Ayes.
Action Calendar – Public Hearing
Tuesday, June 16, 2026 MINUTES Page 17
40a. Proposed FY 2027 and FY 2028 Biennial Budget and Five-Year Capital Improvement Program (CIP) and Proposed Biennial Budget and Five-Year CIP Public Hearing No. 2
From: City Manager
Recommendation: Continue discussion and provide comments on the Proposed Fiscal Year 2027 and Fiscal Year 2028 Biennial Budget and Proposed Five-Year Capital Improvement Program (CIP); conduct Public Hearing No. 2 on the Proposed Biennial Budget and Five-Year CIP, with final adoption on June 23, 2026.
Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Public Testimony: The Mayor opened the public hearing. 23 speakers.
Action: M/S/C (Ishii/Tregub) to accept supplemental and revised materials from Mayor Ishii on Item 40a.
Vote: All Ayes.
Action: M/S/C (Ishii/Kesarwani) to suspend the rules and extend the meeting to 11:45 p.m.
Vote: All Ayes.
Action: M/S/C (Taplin/Tregub) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: All Ayes.
Action: Presentation from the Budget Manager and Deputy City Manager. The Mayor introduced her budget proposal. Council discussion and questions.
Action Calendar – Public Hearing
Tuesday, June 16, 2026 MINUTES Page 18
40b. Budget Referral for the Solano Avenue Stroll (Reviewed by the Budget and Finance Policy Committee)
From: Councilmember O'Keefe (Author), Councilmember Blackaby (Co- Sponsor)
Recommendation: 1. Refer to the FY 2027-2028 Budget Process the cost of providing police, fire, and public works services to the Solano Stroll, totaling $81,000 per year, for a two-year total of $162,000, including: a. $55,000 per year for Police, including command/supervision, dispatch, community service officers, and parking enforcement officers to manage traffic control, safety, and missing children; b. $14,000 per year to cover the cost of Fire Department staffing and the use of fire engines and ambulances; and c. $12,000 per year for Waste Management Services.
2. Refer to the FY 2027-2028 Budget Process the cost of safety barricades, street closure supplies, and zero waste fees including: a. $50,000 per year for vehicle barricade rentals ($100,000 total); b. $6,000 per year for street closure supplies and rentals ($12,000 total); and c. $1,500 per year to cover zero waste fees ($3,000 total). 3. Refer to the City Manager to conduct a cost-benefit analysis of purchasing barriers for City use compared to the ongoing costs of renting barriers, and report back with findings and recommendations.
Policy Committee Recommendation: To send the item to Council with a qualified positive recommendation with amendments to include a referral to staff to cost out purchasing barriers as opposed to renting them.
Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150 Action: M/S/C (O’Keefe/Tregub) to take no action as the item has been subsumed into the Mayor’s proposed budget.
Vote: All Ayes.
40c. Proposed Five-Year Capital Improvement Program (CIP) and Proposed Five- Year CIP Public Hearing No. 1 (Continued from June 9, 2026) (Item contains supplemental material)
From: City Manager
Recommendation: Accept the Proposed Five-Year (FY 2027 - FY 2031) Capital Improvement Program (CIP) for review and consideration by the City Council, conduct Public Hearing No. 1 on the Proposed Five-Year CIP, and final adoption for June 23, 2026.
Financial Implications: See report.
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Action: City staff presented on the Five-Year Capital Improvement Program. The City Council asked questions and provided comments.
Information Reports
Tuesday, June 16, 2026 MINUTES Page 19
41. Landmark Preservation Ordinance Notice of Decision: 2276 Shattuck Avenue /#LMSAP2024-0005
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 2 speakers.
Adjournment
Action: M/S/C (Bartlett/Tregub) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 11:58 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on June 16, 2026.
_________________________
Mark Numainville, City Clerk
Communications
Berkeley Mobile Crisis Team
1. Jennifer Wydro
Letter of Support
2. Latinos Unidos de Berkeley
Sacramento St. and Dwight Way
3. Valentina Xavier
Free College and Career Exploration Night
4. Lexi Lopez Crothers
Proposed Parking Meter Changes
5. Andres Douzoglou
Downtown Revitalization
6. Krista Denton
World Cup Watch Party
7. Shelbi Walker on behalf of Visit Berkeley
Upzoning
8. Christopher Batson (2)
Tuesday, June 16, 2026 MINUTES Page 20
9. Barbara Hadenfeldt
10.Alice Waters
Tax Increase Concerns
11.Karen Borst-Rothe
Concern Withdrawal
12.Elizabeth Johnston (3)
2720 College Avenue
13.Anne Whyte
Solano Stroll
14.Phoebe Thomas (2)
Fire Trucks
15.David Lerman
San Pablo Ave Development
16.Gael Alcock
Bike Lanes
17.Dorothea Dorenz
Berkeley Police Dept.
18.Tillymaui
Case Concerns
19.Jon Ruel Holder II
Building Renovations
20.Thea Davison
Oxford Property
21.Bonnie Mitchell
Letter
22.Paul Kamen
California’s 911 Rebuild
23.2,280 Similarly worded form letters
BMR Rent Clarifications
24.Alex S. Merenkov (2)
25.Misty Garrett
URLs
26.Gena McCarthy
27.Russbumper (4)
Tuesday, June 16, 2026 MINUTES Page 21
28.Josh Atwood
Forwards
29.Russbumper (3)
Newsletters
30.Berkeley Art Center
E-Scooters
31.Robert Borghese (4)
32.Carson Lepre (4)
33.Anosh Dumasia
Supplemental Communications and Reports 1
Item #37: Placing a Charter Amendment Measure on the November 3, 2026 Ballot to Amend Multiple Administrative Provisions
34.Supplemental agenda material submitted by the City Clerk Department Supplemental Communications and Reports 2
Item #3: FY 2027 Special Tax Rate: Fund the Provision of Library Relief Act of 2024 (Measure X)
35.6 Similarly worded form letters
36.11 Similarly worded form letters
Item #29: 2026 Bicycle Plan Update
37.Joanna Dillon
38.Katherine Silver
39.Ben Gerhardstein
40.Jen Natali
41.Lucas Cantor
42.Gunnar Madsen
43.Nico Tripcevich
44.Morris Fuller
45.Daniel Tahara
46.38 Similarly worded form letters
Item #36: Affirming All-Electric Standards for the 2026 Infrastructure Bond Measure and City Capital Projects (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
47.Revised agenda material submitted by the Planning & Development Department Item #37: Placing a Charter Amendment Measure on the November 3, 2026 Ballot to Amend Multiple Administrative Provisions
48.Supplemental agenda material submitted by the City Clerk Department Item #38: Placing a General Obligation Bond Measure on the November 3, 2026 Ballot for the Acquisition or Improvement of Real Property for Public Infrastructure and Facilities
49.Revised agenda material submitted by the Planning & Development Department
Tuesday, June 16, 2026 MINUTES Page 22
Item #40a: Proposed FY 2027 and FY 2028 Biennial Budget and Five-Year Capital Improvement Program (CIP) and Proposed Biennial Budget and Five-Year CIP Public Hearing No. 2
50.Supplemental agenda material submitted by the Mayor
51.Supplemental agenda material submitted by the City Manager’s Office
52.Cathleen Fogel on behalf of McGee Ave Residents
53.Howard Menashe
54.Matt Gustafson
Supplemental Communications and Reports 3
Item #3: FY 2027 Special Tax Rate: Fund the Provision of Library Relief Act of 2024 (Measure X)
55.Lauren Parsons
56.Bernard Marszalek
57.Moni Gangopadhyay
58.Kirk G. Mitchel
59.Meryl Siegal
60.Moni T. Law
61.Dina Tasini
Item #26: Contract: Radius Earthwork, Inc. for FY 2026 Street Maintenance and Rehabilitation Project
62.Steven B. Copeland on behalf of Bay Cities Paving & Grading, Inc.
Item #29: 2026 Bicycle Plan Update
63.David Kessler
64.Laura Atkins
65.Michai Freeman (2)
66.Brit Harvey
67.Jonathan Walden
68.Helen Walsh
69.Nancy Rader on behalf of the Berkeley FireSafe Council
70.Amy Lyden
71.Jennifer Johnston
Item#34: Implement Residential Preferential Parking (RPP) Program on the 1500 Block of Delaware Street
72.Presentation submitted by the Public Works Department Item #36: Affirming All-Electric Standards for the 2026 Infrastructure Bond Measure and City Capital Projects (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
73.Daniel Tahara
Item #39: Placing a Transactions and Use (Sales) General Tax Measure on the November 3, 2026 Ballot
74. Ben Gerhardstein on behalf of Walk Bike Berkeley
75.Bernard McPhillips
76.Lauren Parsons
77.Tara Rayder Baker
Tuesday, June 16, 2026 MINUTES Page 23
78.Laura Klein
Item #40a: Proposed FY 2027 and FY 2028 Biennial Budget and Five-Year Capital Improvement Program (CIP) and Proposed Biennial Budget and Five-Year CIP Public Hearing No. 2
79. Revised agenda material submitted by the Mayor
80.Jan M
81.James Lerager
82.Courtney Palon behalf of Resources for Community Development
83.Hayley Cox
84.Candise
85.Liz Horowitz
Ceremonial Matters #2: Chris Lynch, Outside Counsel to the City, provided Bond Disclosure training for the City Council
86.Presentation submitted by Chris Lynch
Monday, June 22, 2026 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, JUNE 22, 2026
4:30 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY CA 94703
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 165 297 4176. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
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.
Attachment 5
Monday, June 22, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 4:33 p.m.
Present: Humbert, Kesarwani, Lunaparra, O’Keefe, Tregub, Ishii
Absent: Bartlett, Blackaby, Taplin
Public Comment - Limited to items on this agenda only – 0 speakers.
CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:
Property Address: 1820 University Ave., Berkeley CA
Agency Negotiators: Peter Radu, Neighborhood Services; Josh Jacobs, Neighborhood Services; Paul Buddenhagen, City Manager; David White, Deputy City Manager
Negotiating Parties: City of Berkeley and Shree Laxmi, LLC (Sather Motel) Property Owner: Shree Laxmi, LLC
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.
Councilmember Kesarwani absent 5:01 – 5:03 p.m.
OPEN SESSION:
Public Reports of actions taken pursuant to Government Code section 54957.1.
No reportable action taken.
Adjournment
Action: M/S/C (Tregub/Lunaparra) to adjourn the meeting.
Vote: Ayes – Tregub, O’Keefe, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani, Taplin, Bartlett, Blackaby.
Adjourned at 5:03 p.m.
I hereby certify that the foregoing is a true and correct record of the special closed meeting of June 22, 2026 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk
Tuesday, June 23, 2026 MINUTES Page 1
M I N U T E S
S P E C I A L M E E T I N G O F T H E
B E R K E L E Y C I T Y C O U N C I L
Tuesday, June 23, 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: 165 657 5431. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
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.
Attachment 6
Tuesday, June 23, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:19 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: None
Councilmember Bartlett participated in the meeting remotely under the “just cause” exception in the Brown Act due to a caregiving need.
Action Calendar
1. Adoption of Fiscal Years 2027 and 2028 Biennial Budget and Fiscal Years 2027 – 2031 Capital Improvement Program
From: City Manager
Recommendation:
Adopt a Resolution:
1. Adopting the Fiscal Years 2027 & 2028 (“FY27 and FY28”) Biennial Budget and the Fiscal Years 2027 – 2031 Capital Improvement Program (Five-Year CIP) as contained in the City Manager’s FY27 & FY28 Proposed Biennial Budget, and as amended by subsequent Council action.
2. Authorizing the City Manager to provide applicable advances to community agencies receiving City funds in FY27, as reflected in Attachment 2 to the report, and as amended by subsequent Council action.
Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Action: M/S/C (Tregub/Taplin) to accept revised material from the City Manager for consideration.
Vote: All Ayes.
Recess 8:31 p.m. – 9:10 p.m.
Action: M/S/Failed (Kesarwani/Blackaby) to adopt a resolution adopting the Fiscal Years 2027 & 2028 (“FY27 and FY28”) Biennial Budget and the Fiscal Years 2027 – 2031 Capital Improvement Program (Five-Year CIP) as contained in the City Manager’s FY27 & FY28 Proposed Biennial Budget, and authorizing the City Manager to provide applicable advances to community agencies receiving City funds in FY27, including the amendments in the revised material in the Supplemental 2 Packet from the City Manager and the revised material provided by the City Manager at the meeting, and including the revisions and allocations presented by Mayor Ishii and as further revised at the meeting by Council action as noted below:
Accept the allocations in the Mayor’s supplemental budget recommendations, presented by Mayor Ishii at the meeting, with the exception that for Small Sites, $2,500,000 will be retained for Small Sites, and $1,300,000 will be retained in the Housing Trust Fund for Affordable Housing.
Action Calendar – New Business
Tuesday, June 23, 2026 MINUTES Page 3
In the CIP, move the following four items to the “unfunded and pending” status, pending further review by staff and the Safe Streets Oversight Committee:
o Citywide Traffic Signal Master Plan
o Transportation Design Guideline Study
o Transportation Nexus Study
o Vision Zero Action Plan update Phased Implementation Roadmap In both FY 2027 and FY 2028 increase the amount of the revenue transfer for the Annual Ambulance Transport Revenue by $200,000 to fund the 9.0 positions in the Fire Department.
Clarify that the revenue transfer of $25,000 in FY 2028 for the Euclid Street Garbage Corral Design is a reduction to the budget, rather than a relinquishment of funds. Add clarifying language regarding Small Sites that the acquisition needs to take place within 36 months of the non-profit receiving the funding from the City, otherwise the funding is to be returned to the City.
Vote: Ayes – Kesarwani, Taplin, Blackaby; Noes – Bartlett, Tregub, O’Keefe, Lunaparra, Ishii; Abstain – Humbert; Absent – None.
Action: 92 speakers. M/S/Carried (Humbert/Tregub) to adopt Resolution No. 72,340–N.S. adopting the Fiscal Years 2027 & 2028 (“FY27 and FY28”) Biennial Budget and the Fiscal Years 2027 – 2031 Capital Improvement Program (Five-Year CIP) as contained in the City Manager’s FY27 & FY28 Proposed Biennial Budget, and authorizing the City Manager to provide applicable advances to community agencies receiving City funds in FY27, including the amendments in the revised material in the Supplemental 2 Packet from the City Manager and the revised material provided by the City Manager at the meeting, and including the revisions and allocations presented by Mayor Ishii in the Supplemental Budget Recommendations and as further revised at the meeting by Council action as noted below:
In the CIP, move the following four items to the “unfunded and pending” status, pending further review by staff and the Safe Streets Oversight Committee:
o Citywide Traffic Signal Master Plan
o Transportation Design Guideline Study
o Transportation Nexus Study
o Vision Zero Action Plan update Phased Implementation Roadmap In both FY 2027 and FY 2028 increase the amount of the revenue transfer for the Annual Ambulance Transport Revenue by $200,000 to fund the 9.0 positions in the Fire Department (for a total of $978,334 in FY 2027 as reflected in the table below). Clarify that the revenue transfer of $25,000 in FY 2028 for the Euclid Street Garbage Corral Design is a reduction to the District 6 office budget, rather than a relinquishment of funds.
Add clarifying language regarding Small Sites that the acquisition of property needs to take place within 36 months of the non-profit receiving the funding from the City, otherwise the funding is to be returned to the City.
Supplemental Budget Recommendations
Special Fund Allocations Title FY 2027 FY 2028
Streets & Open Space Improvement
Plan (SOSIP)
Downtown Berkeley
Revitalization Projects
$2,800,000
Refer to the LRDP Funding Process Creating Accessible Routes for Riders, Equity, and the
Environment (CARFREE)
Berkeley
$662,500 $662,500
Action Calendar – New Business
Tuesday, June 23, 2026 MINUTES Page 4
Special Fund Allocations Title FY 2027 FY 2028
HTF FY2026 carry over of $2.5M
unspent budgeted for Small Sites;
add $1.3M of currently unallocated
5/19/2026
Small Sites $3,800,000
Refer to the LRDP funding process
$100k, stipulate that UCB must
match the$100K allocation
Sacred Rest/Village of Love $100,000
Total $7,362,500 $662,500
General Fund Direct Transfer
$180K from FY26 D8 Salary Savings
$70K from FY27 D8 Council Office
Budget
PITCH Project to Increase
Tele & Claremont Housing
$250,000
Total $250,000
General Fund: Expenses
1 OED FTE identified for
removal in the CMO Reduction
Plan ($236K)
$236,000
Solano Stroll $40,000
Live Free $200,000
DBA Outreach worker $38,000
Fire Inspector 1.0 FTE $238,232
5.0 FTE Fire Fighters (Step 1) $1,109,795
3.0 FTE Paramedics (Step 1) $380,307
Euclid Street Garbage Corral
Design
$50,000 $25,000
Total $2,292,334 $25,000
General Fund: Revenue Transfers
Mayor's Salary Savings FY26 $160,000
CAO Non-Personnel $52,000
CAO Salary Savings FY26 $100,000
VTO $87,000
City Council Catering FY27 $15,000
Cannabis Settlement $100,000
Increased Annual Ambulance
Transport Revenue
$978,334
Euclid Street Garbage Corral
Design
$50,000 $25,000
General Fund $750,000
Total $2,292,334 $25,000
Vote: All Ayes.
Recess 10:05 p.m. – 10:10 p.m.
Action Calendar – New Business
Tuesday, June 23, 2026 MINUTES Page 5
2. FY 2027 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2027 Annual Appropriations Ordinance (AAO) in the amount of $916,819,369 (gross appropriations) and $791,496,351 (net appropriations).
Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000 Action: 0 speakers. M/S/C (Tregub/Humbert) to adopt the first reading of Ordinance No. 8,029–N.S. as revised in Supplemental Communications Packet #2 from the City Manager and further amended by actions adopted at the meeting by the City Council with a gross appropriations amount of $921,596,116 and a net appropriations amount of $795,829,332. Second reading scheduled for July 7, 2026.
Vote: All Ayes.
Adjournment
Action: M/S/C (Humbert/Blackaby) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 10:16 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on June 23, 2026.
_________________________
Rose Thomsen, Deputy City Clerk
Communications
Item #1: Fiscal Years 2027 & 2028 Biennial Budget Adoption and 5-Year CIP Adoption
1. Keith May on behalf of the Disaster and Fire Safety Commission Supplemental Communications and Reports 1
None
Supplemental Communications and Reports 2
Item #1: Adoption of Fiscal Years 2027 and 2028 Biennial Budget and Fiscal Years 2027 – 2031 Capital Improvement Program
2. Supplemental agenda material submitted by Councilmember Rashi Kesarwani, Councilmember Brent Blackaby, and Councilmember Terry Taplin
3. Revised agenda material submitted by the City Manager’s Office Item #2: FY 2027 Annual Appropriations Ordinance
4. Revised agenda material submitted by the City Manager’s Office Supplemental Communications and Reports 3
Tuesday, June 23, 2026 MINUTES Page 6
Item #1: Adoption of Fiscal Years 2027 and 2028 Biennial Budget and Fiscal Years 2027 – 2031 Capital Improvement Program
5. Revised agenda material submitted by the City Manager’s Office
6. Office of the Director of Police Accountability on behalf of the Police Accountability Board
7. Vivian Pisano
8. Bernard McPhillips
9. Debbie Woods
10.Gael Alcock
11.Michai Freeman
12.Rose
13.Dina
14.Rochelle Blumenfeld
15.Maryann OSullivan
16.Veta Jacqulin
17.Richard H. Fish
18.Virginia Browning
19.Erica Buhrmann
20.Shelley McHugh
21.Joel Myerson
22.Mia Verdin
23.Susan Moon
24.Robert Perelman
25.Melissa Riley
26.Dom Falk
27.Hari Murthy
28.Eric Rakowski
29.Moni Law
30.Carol Curtis
31.Melanie Lawrence and John Smail
32.Michel Thouati
33.Friends of Adeline
34.Susan Aumiller
35.Erik Ferry
36.John Rea
37.Meg Sedlak
38.Jen Kelly-DeWitt
39.Sam Greenberg
40.Ben Gerhardstein on behalf of Wike Bike Berkeley, East Bay for Everyone, Bike East Bay, Telegraph for People, and East Bay YIMBY
41.Carla Schneiderman
42.Christopher Kroll
43.Beatriz Leyva-Cutler
44.Helaine Kaplan Prentice
45.Blair Prentice
46.Amy Blyth
47.Rafael Jesus Gonzalez
48.Sonya Baehr and Thomas W. Jones
49.Chris Lee-Egan
50.Karen Bowen
Tuesday, June 23, 2026 MINUTES Page 7
51.Cameron Woo
52.Dev Dhanoa
53.Karina Epperlein
54.Scott and Kathryn Hambly
55.Don Cornejo (2)
56.Priscilla Hine
57.Denise Hingle
58.Dan Villarreal
59.Bernard Marszalek
60.Geta Carlson
61.Jeff Morgan
62.Moni Gangopadhyay (2)
63.Deirdre Duhan
64.Liz Ruhland
65.Wilhelmenia Wilson
66.Kathleen Crandall
67.Tim Daniels
68.Claudia Kawczynska
69.Jeanne Schuman
70.John Hitchen
71.Pam Zelnik and Mark Stuhr
72.Elana Auerbach
73.Jill Martinucci
74.Fran Haselsteiner
75.Melissa Weaver
76.Tony Corman
77.Claudia Smukler
78.Yen Trac
79.Laura Klein
80.Betty Seto
81.Eric Svahn
82.Rick Diamond
83.Micky Duxbury
84.Robin Kibby
85.Willie Phillips
86.Jennifer Rose
87.Erik Schmitt
88.Christina Oatfield
89.Martin Nicolaus
90.Steve Kromer (2)
91.Mary Ann Meany and Donald Santos
92.Justine Schwartz
93.Gail McGuire (2)
94.Phyllis Orrick
95.Lori Hines
96.Eric Weaver
97.Shantee Baker
98.Susan Black
99.Moni Law
100. Linda Olivenbaum
Tuesday, June 23, 2026 MINUTES Page 8
101. Jonathan Singh
102. Michael R. Hegarty
103. S. Omowale Fowles
104. Saundra Wolfe
105. Eric Friedman (2)
106. Cathy Fogel
107. Irene Rice
108. Carol Denney
109. Elizabeth Ferguson
110. Jonathan Weinstock
111. Jeffrey Bloomfield
112. Linda Franklin
113. Tony Hansen
114. Anita Medal
115. Margot Smith
116. Kelly Hammargren
117. Jessica Fain
118. Juli Dickey
119. Joan Grant
120. Candace Hyde-Wang
121. Kandea Mosley Gandhi and Sharon Goldfarb on behalf of the League of Women Voters of Berkeley, Albany, Emeryville
122. Caroline Winnett
123. Tamara Gunn
124. Kathy Stuart
125. Alicia D. Telford
126. Ruth Ehrenkrantz
127. Moe Wright
128. Kate H.
129. Zipporah Collins
130. Amy Young
131. Dorothea Dorenz (2)
132. Ellen Brotsky
133. Dennis Mulqueeney
134. Susan and Roy Bogas
135. Bobbie Steinhart
136. Janice Schroeder
137. Lanny DeVuono
138. Barbara Fisher
139. Csilla Kenny
140. Madelyn Weiss
141. Carol Hirth
142. Matt Gustafson
143. Juana Alicia Araiza
144. Mark Mueller
Tuesday, June 30, 2026 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, June 30, 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: 165 787 0906. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
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.
Attachment 7
Tuesday, June 30, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 6:09 p.m.
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. Adjourned in Memory of Flora Russ, Longtime BUSD Employee
2. Recognition of Dr. Michael S. Witherell, Director of Lawrence Berkeley National Lab, on the occasion of his retirement
3. Recognition of National Breastfeeding Month
4. Recognition of Sara Cerami, Chief of Staff for Council District 7 City Manager Comments: None
City Auditor Comments:
The City Auditor noted Item 50 Audit Plan and Item 51 Whistleblower Report on the agenda and provided details about the proposed audits.
Public Comment on Non-Agenda Matters: 7 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 35 speakers.
Action: M/S/C (Taplin/Humbert) to adopt the Consent Calendar in one motion except as indicated.
Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.
Consent Calendar
Tuesday, June 30, 2026 MINUTES Page 3
1. Repeal and Reenact Berkeley Municipal Code (BMC) Chapter 14.52 to Adjust the goBerkeley Parking Management Program; Change Parking Permit Fees; Establish a New Schedule for Parking Violations, Fines, and Late Payment Penalties; and Rescind Resolution No. 71,627-N.S.
From: City Manager
Recommendation: Adopt second reading of Ordinance 8,012-N.S. repealing and reenacting Berkeley Municipal Code chapter 14.52, “Parking Meters,” to enable the following changes: a. Extend parking meter operating hours to 8 p.m. citywide. b.
Operate parking meters, pay stations, and parking enforcement on Sundays. c.
Expand meter zones to new high-demand areas. d. Authorize a transition to cashless parking meters and/or pay stations in the future.
First Reading Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – Bartlett.
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 8,012–N.S.
2. FY 2027 Special Tax Rate: Fund the Provision of Library Relief Act of 2024 (Measure X)
From: City Manager
Recommendation: Adopt second reading of Ordinance 8,013-N.S. setting the FY 2027 tax rate for the Library Relief Act of 2024, approved by Berkeley voters in the November 2024 election, for funding the provision of Library Services in the City of Berkeley at $0.06297 (6.297 cents) per square foot for dwelling units and $0.09446 (9.446 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Henry Bankhead, Library, (510) 981-6100, Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 8,013–N.S.
3. FY 2027 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt second reading of Ordinance 8,014-N.S. setting the FY 2027 tax rate for funding the provision of Library Services in the City of Berkeley at $0.3128 (31.28 cents) per square foot for dwelling units and $0.4729 (47.29 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Henry Bankhead, Library, (510) 981-6100, Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 8,014–N.S.