Tuesday, September 15, 2026 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 15, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
ADENA ISHII, MAYOR
COUNCILMEMBERS:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 165 877 2214. 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 beha vior 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, September 15, 2026 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:02 p.m.
Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 6:03 p.m.
Councilmember Bartlett present at 6:11 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. Pledge of Allegiance
2. Celebrating Berkeley’s Entrepreneurial Spirit
3. Recognition of September 2026 as Hunger Action Month City Manager Comments:
The City Manager provided an update of the status of the Harrison Street Encampment resolution.
City Auditor Comments:
The City Auditor provided an update on Item 14 regarding Workplace Relationship Policies .
Public Comment on Non-Agenda Matters: 10 speakers.
Public Comment by Employee Unions: 0 speakers.
Action: M/S/C (Blackaby/Tregub) to add an item to the agenda pursuant to Government Code Section 54954.2(b)(2) regarding Wildfire Resiliency Bills pending in the state legislature.
Vote: All Ayes.
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 3
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 34 speakers.
Action: M/S/C (Tregub/Blackaby) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Urgency Item: Wildfire Resiliency Bills – Request for Governor’s Signature From: Councilmember Blackaby (Author), Mayor Ishii (Co-Sponsor) Recommendation: On behalf of the City Council, the Mayor will send letters to the Governor requesting his signature on eight (8) high-impact wildfire resiliency bills that passed the California Legislature and are awaiting his signature.
Financial Implications: See report
Contact: Brent Blackaby, Councilmember, District 6, 510-981-7160 Action: Councilmembers O’Keefe and Humbert added as co-sponsors. Approved recommendation.
1. Grant Application: California Strategic Growth Council, Community Resilience Center (CRC) Planning Grant for Civic Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to: 1. Submit a grant application under the California Strategic Growth Council’s Community Resilience Centers (CRC) Program for a Planning Grant for an amount up to $500,000 for planning activities to prepare the two historic buildings in Berkeley’s Civic Center, the Maudelle Shirek Building (“MSB” or “Old City Hall”) and the Veterans Memorial Building (“VMB”) for future structural upgrades including capital improvements and seismic retrofits; 2. Subject to award, accept the grant, execute any resultant revenue agreements and amendments, accept any additional funding allocations from the CRC Program and designate the City Manager or their designee as the applicant’s authorized agent.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,419–N.S.
Consent Calendar
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2. Contract: Downtown Berkeley Association for Addison Street Catenary Lighting
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1. Enter into a sole source contract and any amendments with the Downtown Berkeley Association (DBA) for the City to provide $150,000 to the DBA for actual incurred costs associated with the Addison Street Catenary Lighting project to support Downtown revitalization and placemaking in the Downtown Addison Street Arts District, and 2. Advance the city’s approval to utilize city property as part of this effort (namely the connection/anchor points for the support guide wires for the lighting on the Addison Street side of the Center Street Garage building located at 2025 Center St).
Financial Implications: See report.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,420–N.S.
3. Loan Administration Board Dissolution; Repealing BMC Chapter 3.72 From: City Manager
Recommendation:
1. Adopt a Resolution authorizing the City Manager or their designee to assume direct administrative and operational oversight of the Revolving Loan Fund (RLF) program and the RLF Administrative Plan, upon dissolution of the Loan Administration Board (LAB); and
2. Adopt first reading of an ordinance repealing Berkeley Municipal Code Chapter
3.72. Loan Administration Board enabling legislation, thereby dissolving the Loan Administration Board.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,421–N.S. Adopted first reading of Ordinance No. 8,032-N.S. Second reading scheduled for September 29, 2026.
4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 15, 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: $25,822,884 - Various Funds
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
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5. Contract No. 32200227 Amendment: Fire Aside for Wildfire Resilience Software From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200227 with Fire Aside, LLC for defensible space inspection and community chipper management software increasing the amount by $150,000 for an amended total amount not to exceed $410,000 and maintaining the same term which ends on May 17, 2028.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 72,422–N.S.
6. Purchase Orders for Bauer Compressors Inc. for Firefighting Supplies, Equipment, Service and Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or their designee to execute annual purchase orders using a piggyback contract and any amendments with Bauer Compressors Inc. using the National Purchasing Partners (NPP) contract No. PS26090 in an amount not to exceed $1,579,472 for Firefighting supplies, equipment and related service and maintenance from October 1, 2026 through March 4, 2030, with an option to extend one (1) year to March 4, 2031.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 72,423–N.S.
7. Purchase Orders: Stryker Sales for Gurneys, Stair Chairs, and Mechanical CPR Units
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to utilize Sourcewell Contract No. 041823 to issue piggyback purchase orders and any amendments to Stryker Sales LLC for the lease of ten gurneys, ten powered gurney fastener systems (power load system), and ten evacuation chairs (stair chair), and twelve cardiopulmonary resuscitation (CPR) units for Fire Department response vehicles from October 1, 2026 through January 1, 2033 in an amount not to exceed $1,591,355.
Financial Implications: $1,591,355 - Various Funds
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 72,424–N.S.
Consent Calendar
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 6
8. Contract No.32300207 Amendment: Easy Does It for Accessible Wheelchair Van Services for Seniors & the Disabled
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 72,259-N.S and authorizing the City Manager, or designee, to amend Contract No. 32300207 with Easy Does It increasing the amount by $57,000 for the period of July 1, 2026, through June 30, 2027, for a total contract amount not to exceed $307,000. These services support accessible wheelchair van services to customers of the Aging Services Division’s Berkeley Rides for Seniors & the Disabled program.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,425–N.S.
9. Revenue Contract: MARU for Aging Services - Information and Assistance Fiscal Years 2027 - 2030
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to accept grant funding and execute any resultant revenue agreements and amendments with MARU (formally known as Korean Community Center of the East Bay), an East Bay non-profit organization. This funding will support Information and Assistance Services for Berkeley seniors from Fiscal Year 2027 through Fiscal Year 2030 (FY 2027 - FY 2030) in the projected annual amount of $169,347.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,426–N.S.
10. Revenue Contracts: Aging Services - Nutrition Programs Fiscal Years 2027 - 2030
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or designee to receive grant funding and execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals for seniors for Fiscal Year 2027 through Fiscal Year 2030 (FY2027-FY2030):
a. Congregate Meals in a projected annual amount of $696,800; and b. Home Delivered Meals in a projected annual amount of $860,515.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,427–N.S. (Congregate Meals), and Resolution No. 72,428–N.S. (Home Delivered Meals).
Consent Calendar
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11. Shattuck Senior Homes Loan Modification Request
From: City Manager
Recommendation: Adopt a Resolution approving the following actions to modify two existing Housing Trust Fund (HTF) loans for Shattuck Senior Homes, located at 2425 Shattuck Avenue, by: 1. Combining the outstanding principal balances of the two existing loans into one new City loan in the amount of $970,603 plus accrued interest. 2. Reducing the interest rate from 6% to 3% simple interest. 3. Extending the loan maturity date by 55 years to September 1, 2082. 4. Waiving the HTF Guidelines requirement to restrict 20% of units at 30% Area Median Income (AMI) and maintaining affordability requirements at 50% and 60% AMI. 5. Extending the Regulatory Agreement so that it is coterminous with the new loan maturity date of September 1, 2082. 6. Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions, including amendments to the existing loan agreements.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,429–N.S.
12. Grant Application: Safe Routes to Transit and Bay Trail Program (SR2TBT) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to submit a grant application to the Metropolitan Transportation Commission’s Regional Measure 3 Safe Routes to Transit and Bay Trail Program (SR2TBT) for up to $25,000,000 for construction of portions of the landside elements of the Berkeley Water Transportation Pier-Ferry Project.
Financial Implications: $25,000,000 (Revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,430–N.S.
13. Supporting a Neighborhood Decarbonization Pilot Project in Berkeley From: Environment and Climate Commission
Recommendation: The Berkeley Environment and Climate Commission recommends that the City Council adopt the attached resolution Supporting a Neighborhood Decarbonization Pilot Project in the City of Berkeley, which would: - Express the City's formal support for a neighborhood decarbonization pilot in Berkeley under Senate Bill 1221 (2024), with the goal of modeling equitable whole- home electrification for a neighborhood zone; and -Commit the City to being an active partner in pilot implementation, asking the City Manager to designate at least one staff member to participate in regular coordination meetings and support collaboration across relevant City departments; and -Affirm the City's intent to work collaboratively with PG&E, community organizations, Community Choice Aggregators, public health advocates, workforce development partners, and regional agencies to advance a pilot and help secure resources for its success.
Financial Implications: See report
Contact: Sarah Moore, Commission Secretary, (510) 981-7400 Action: Adopted Resolution No. 72,431–N.S.
Consent Calendar
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 8
14. Whistleblower Program Special Report: Evaluation of Workplace Relationship Policies
From: Auditor
Recommendation: We recommend that City Council receive this report and direct the City Manager to implement Recommendations 1 and 2 consistent with Management’s Response. We further recommend that City Council refer Recommendation 3 to the Agenda and Rules Committee for consideration of whether to pursue adoption of nepotism and cronyism provisions in the Berkeley Municipal Code.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Approved recommendation.
Council Consent Items
15. District 1 Support for the Gilman District Merchants Association to Promote Longterm Sustainability and Area Improvements: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Kesarwani (Author)
Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $65,000 from the FY 2026-27 office budget of District 1 Councilmember Rashi Kesarwani to provide a one-time capacity building grant to support the Gilman District Merchants Association (GDMA) to promote economic development, district- wide improvements and long-term sustainability of the Gilman District Street Fair (GDSF).
Distribution of funds should be approved by the Gilman District Coordinating Committee, the representative advisory board established to comply with the fiscal agent, the Berkeley Chamber of Commerce. Use of funds should prioritize: - Salary/stipend for part-time director of the GDMA; Stipends for key volunteers for the Gilman District Street Fair; -Business Administration for the GDMA outside of salaries including: -Publicity, promotion, membership building and website maintenance for the GDMA; -Event planning and execution of GDMA networking and social gatherings; -Public Safety Enhancement Grants to local businesses.
Financial Implications: $65,000
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Councilmember Taplin added as a co-sponsor. Adopted Resolution No. 72,432–N.S.
Council Consent Items
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16. Referral for an Information Report Assessing all Housing Related Impact, Development and Local Parcel Tax Fees to Provide Guidance and Better Understand the True and Total Costs of Developing Housing of All Types in the City of Berkeley
From: Councilmember Kesarwani (Author)
Recommendation: Referral to the City Manager to direct Planning staff to prepare a comprehensive housing fee study to be presented to Council as an information report that would:
1. Collect Fee and Parcel Tax Data from Berkeley and other cities to create a housing production comparison matrix. Information should include a summary of categories, amounts, and bases for calculating impact fees, other development fees, and parcel taxes in all cities in the matrix; and
2. Calculate local fee and parcel tax costs for housing development prototypes.
Information should include the total fee burden applicable to several multifamily housing prototypes (examples could include fourplex/town homes; 10 unit small multifamily; 8-story midrise; 18-story high-rise) and estimate each selected jurisdiction’s approximate applicable amount of impact fee, other development fee, and parcel taxes for the respective prototypes.
Financial Implications: Staff time
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Councilmembers Humbert and Lunaparra added as co-sponsors. Approved recommendation.
17. Zoning Ordinance Modification for Manufacturing Research and Development (M-RD) District
From: Councilmember Kesarwani (Author)
Recommendation: Referral to the City Manager and Planning Commission to amend Berkeley Municipal Code (BMC) Chapter 23.206.020 to allow for a reduced level of discretion for Vehicle Repair and Service in the Manufacturing Research and Development (M-RD) District.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.
Council Consent Items
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 10
18. Resolution in Support of AB 1761 (Rogers) — Electricity: Calculation Methodology: Data Disclosure
From: Councilmember Tregub (Author)
Recommendation: Adopt a resolution in strong support of Assembly Bill (AB) 1761 (Rogers), which would improve transparency in the calculation of the Power Charge Indifference Adjustment (PCIA) and other nonbypassable charges, and distribute copies to Governor Gavin Newsom; Senate President pro Tempore Monique Limón, Senate Utilities, Energy, and Communications Committee Chair Benjamin Allen and Senator Jesse Arreguín; Assembly Speaker Robert Rivas, Assembly Utilities and Energy Committee Chair Cottie Petrie-Norris and Assemblymembers Chris Rogers and Buffy Wicks; and Senator Steven Bradford, Chair of the Senate Energy, Utilities and Communications Committee to support its passage.
Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 72,433–N.S.
19. Resolution in opposition to the handling, storage, and transport of coal and petroleum coke in the San Francisco Bay Region, urging stringent regulation of such facilities by the Bay Area Air District, and in support of Assembly Bill (AB) 40
From: Councilmember Tregub (Author), Councilmember Kesarwani (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a resolution opposing the handling, storage, and transport of coal and petroleum coke in the San Francisco Bay Region, urging stringent regulation of such facilities by the Bay Area Air District, and in support of Assembly Bill (AB) 40.
Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 72,434–N.S. as revised in Supplemental Communications Packet #1 by Councilmember Tregub.
Council Consent Items
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20. Referral to the City Manager: RENAISSANCE (Revitalizing Enterprise and Neighborhoods through Activation, Investment, Safety, Streamlining, Accessibility, Networking, Collaboration, and Equity) – Part 2: Commercial Vacancy Blight Prevention and Mitigation
From: Councilmember Tregub (Author), Councilmember O’Keefe (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)
Recommendation: Commercial Vacancy Blight Prevention and Mitigation Refer to the City Manager and City Attorney the development of an integrated strategy to prevent and reduce unmitigated ground-floor retail vacancies and blight, increase activation, and support the vitality and resilience of local businesses and other community-serving uses in Berkeley’s Commercial Districts.
Recommendations include but are not limited to developing regulations around the following solutions:
1. Subdivision of Larger Storefronts.
Develop policies that encourage the conversion or subdivision of larger storefront commercial spaces to allow for more diverse business and community uses.
2. Flexible Mixed-Use Occupancy.
a. Review Berkeley's existing zoning regulations for live/work, maker, creative, and related uses to identify regulatory barriers to the flexible use of underutilized commercial storefronts and modify the Zoning Ordinance and establish or update performance standards where necessary to address such barriers. b. Explore performance standards to ensure that live/work, maker, and other creative uses help activate and enhance the vibrancy of the adjacent neighborhood.
3. Financial Assurances Tied to Property Maintenance and Site Conditions.
To the extent permissible under state law, develop regulations requiring, as a condition of applicable development permits, performance bonds or other financial assurances sufficient to ensure appropriate property maintenance and site conditions if an approved development project is substantially delayed, suspended, or abandoned.
4. Cold Shell Prevention.
a. Explore a regulatory framework to prevent premature deactivation of tenant-ready commercial spaces (commonly referred to as “cold shelling”) in buildings planned for demolition by considering indicators of project readiness, which could include demonstrated financial capacity, evidence that a portion of project funding is secured, and other relevant factors are considered.
b. Require a permit for the removal or decommissioning of utility hook-ups as part of building safety and habitability standards, to prevent practices that create and perpetuate prolonged vacancy and disinvestment.
5. Warm Shell Development.
Establish requirements and/or incentives to ensure that ground floor retail spaces in new developments are delivered with basic utility connections (commonly referred to as “warm shells”), including utility and electricity hookups, when those services are available and have been connected to the rest of the building.
6. Shared Commercial Facilities.
Explore and, where feasible, facilitate the creation of customer-accessible shared restroom facilities serving multiple ground-floor commercial spaces or buildings, Council Consent Items
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 12
including through zoning allowances, coordinated development standards, and incentives. These should emphasize cost-neutral or revenue-supporting implementation approaches, such as integration into private development projects, public-private partnerships, or maintenance models funded by participating property owners, while ensuring compliance with applicable building, accessibility, and public health requirements.
7. Demonstration of Utility-Related Delays.
Where delays in utility approvals or service connections are cited, require developers to provide reasonable documentation from utility providers demonstrating that such delays are outside of the developer’s direct control. Explore opportunities for improved coordination with utility providers and City processes to help mitigate such delays and support the timely delivery of usable ground floor commercial space.
8. Utility Equipment Undergrounding.
Develop regulations requiring large new residential and commercial mixed-use developments to locate transformers and other large utility equipment below grade, to the extent feasible and consistent with applicable utility requirements.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.
Action Calendar – Old Business
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21a. Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Continued from July 14, 2026) (Item Contains Supplemental Material) (Reviewed by the Public Safety Policy Committee)
From: Councilmember Kesarwani (Author)
Recommendation: Adopt a Resolution amending the Berkeley City Council's June 9, 2020 direction regarding smoke, OC spray, and tear gas to allow the Berkeley Police Department (BPD) Special Response Team (SRT) to use tear gas under circumstances in which there is a significant risk of injury or death, maintain the prohibition on the use of tear gas solely for crowd control, and lift the temporary moratorium on the use of smoke and OC spray.
Policy Committee Recommendation: To send the item with a Qualified Positive recommendation to Council that includes:
1. Making the resolution text explicit regarding permissible uses and policy limitations (particularly defining “critical incident” and excluding crowd control use),
2. Clarifying and attaching relevant use policies for public transparency, and
3. Developing an appropriate after-action reporting framework aligned with existing reporting and Transparency Hub practices.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: 63 speakers. M/S/Failed (Humbert/Taplin) to extend the meeting to 12:00 a.m.
Vote: Ayes – Kesarwani, Taplin, O’Keefe, Blackaby, Humbert; Noes – Bartlett, Tregub, Lunaparra, Ishii.
Action: M/S/Carried (Kesarwani/Humbert) to call a special meeting on September 29, 2026 at 4:00 p.m. to hear Items 21a and 21b.
Vote: Ayes – Kesarwani, Taplin, Bartlett, O’Keefe, Blackaby, Humbert, Ishii; Noes – Tregub, Lunaparra.
Action Calendar – Old Business
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 14
21b. Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from July 14, 2026)
From: Peace and Justice Commission
Recommendation: Adopt a Policy approving the following actions with regard to the appropriateness of certain chemical weapons and other tools:
1. Retain the existing 2020 bans on chemical weapons (CS and OC), and the 1982 bans on police dogs and helicopters.
2. Retain the 1997 requirement for public reporting of each use of pepper spray.
3. Request the City Manager to engage an academic institution such as UC Berkeley, UCSF, or Stanford to study the health impacts of tear gas and other chemical weapons and canine support, potential short-term and long-term impacts on vulnerable populations and possible alternatives to the use of chemical weapons that provide officer safety, suspect safety, and safety to the general public.
Financial Implications: None
Contact: Tasha Tervalon, Commission Secretary, (510) 981-7000 Action: See action on Item 21a.
Public Comment – Items Not Listed on the Agenda – 0 speakers.
Adjournment
Action: M/S/C (Lunaparra/Taplin) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 10:56 p.m.
Communications
Earthquake Prevention
1. John J. Parman
Mural
2. Gael Alcock
Red Curb Installation
3. Lindsay Schachinger
4. Sarah Siefke-Cottle
Green Waste Bin
5. Genevieve Nonet
6. Brent Blackaby
Housing/Housing Concerns
7. Riti Dhesi
8. Vicki Sommer
9. David Lerman
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 15
10. Maxwell Davis on behalf of the Sierra Club
11. Patrick Kennedy (2)
12. Russbumper
UA Theater
13. Laura Linden
14. Melanie Lawrence and John Smail
Parking
15. Heather Siglin on behalf of the North Shattuck Association
16. Alvin Ludwig
17. Lisa M. Asta
Noise Concerns
18. Hani Haris
19. Lucia Hammond
Speed Limit Concerns
20. Anne Whyte
21. Scott Sacherer
Sidewalk Concern
22. Laura
Flags at Half Mast Concern
23. Deirdre Duhan
Proclamation Enquiry
24. Dhruv Pandrangi
Flock Concerns
25. Jose Vilar
26. Summer Brenner (2)
27. James Northrup
28. Camille Snyder
29. Margot Smith (2)
30. Janice Schroeder
31. Jack Kurzweil
32. Nancy Bartell
33. Jeanie Dooha
34. Glenn Turner
35. Sam Holtzman
36. Karen Dabrusin
37. Russbumper (2)
ADA Concerns
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38. Steven Schuyler (4)
Harrison Street
39. Jennifer Kamenetz
40. Eric Friedman
41. Cecelia Mautner
42. Russbumper
43. Alan Mond (2)
Tenant Concern
44. Alex Merenkov
Taxi Scrip
45. Leonard Talmy
Middle East Conflict
46. Aaron Balbo
Music History Plaque
47. Eddie Jones
Safety Concerns
48. Charles Van Tassel
49. Patricia Bruning
50. Lauren Parsons
51. David Lerman
Animal Shelter Concern
52. Francesca Agrusa
1820 University Ave
53. Avi Nevo
Zone 0 Regulations
54. Zohra Kalinkowitz
1130 Oxford Street
55. Claire Kahane
56. Marc Bernstein
57. Gloria Frym
58. Dennis Fantin
59. Derek Abbassi
60. Jessica Samuels
AAHRC
61. Eric Friedman
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 17
Traffic Safety Concern
62. Joe Clucas
63. Kenny Yu (2)
Municipal Submission
64. Nadelyn Zoe King (2)
Citation Concern
65. Chase Lenzley
Request for Policy Review
66. Concerned Resident
UC Berkeley Concerns
67. Steven Schuyler
EBMUD
68. Eduardo Teixeira
Raise a Glass to Berkeley
69. Jeffrey Church
Supporting Elderly Citizens
70. Dawn Howard
Encampments
71. David Lerman (2)
Natural Grass Soccer Field Concerns
72. Ted Steen
Lighting Nuisance
73. YMCA Concerned Resident
Senior Housing
74. Doanld Anderson
PG&E Transformers
75. Patrick Kennedy
2025 ARDA
76. Jennifer Cogley
Public Safety
77. Jason Martens
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 18
Parade Invitation
78. Allen Cain
Berkeley Adult School
79. Jessica Hahn
Proclamation Request
80. Katharine Bierce
Francisco Street
81. David Lerman
Invitation
82. Mohamad Rawoas
Parking at Berkeley Marina
83. Solange Gould
Coal Facilities
84. Jack Kurzweil
Crosswalk Concerns
85. Bruce Brody
Police Dogs
86. Direct Action Everywhere
Dumping Concerns
87. Eli Kehler (5)
BAMM
88. Sheila Kolenc
FY 2027-2031 Paving Plan
89. Tony Benado
Summer Achievers Camp Concerns
90. Nicoletta Karam
Rental Units
91. Kim Ambrocio
Officer Commendations
92. Office of the Director of Police Accountability
2700 Shattuck Ave Appeal
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 19
93. Alisha Pember
City Concerns
94. Michai Freeman
Public Comment
95. Stephen Alpert (3)
Sanitation and Safety Concerns
96. Brett Cooper
Community Input Concern
97. Jane White
Willard Park Restroom
98. Kyle Miller
North Berkeley Library
99. Phoebe Thomas
Pause PAB Appointment
100. Eric Friedman
PAVEN
101. Chris Ward Kline
Transportation Program
102. Eric Liddle
Mobile Crisis Team
103. Gabriella Raymond (2)
Sign Repair and Replace
104. Lily Liang
Resorcery Org
105. Jenne King
Youth Mental Health Resource
106. Isabella
Mental Health Response Concern
107. Boona Cheema
Street Rehabilitation
108. Mary Lee Noonan
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 20
Underdevelopment Concern
109. Ben Buettner
Nighttime Corridor
110. Tony Smith
Proposed Lien and Hearing Rights
111. Willie Phillips (3)
BMR Rent Clarifications
112. Alex Merenkov (2)
Demolition and Construction Notice
113. Erik Knaresboro and Guide Vito
BORP Anniversary
114. DP Neyhart
S.A.F.E. Initiative
115. La Monte T. Bannister III
2012 Channing Way
116. Grace Smith
117. Tim Donnelly
118. Travis Bell
Berkeley Bank Concern
119. Geoffrey Lomax
Streetlights
120. Chrissy Hoffman
Invitation
121. Tatiana Hughes
ICE Concerns
122. Margot Smith
HTT Office Coverage
123. Mandy Clafin
John Craner’s Retirement Party
124. The Downtown Berkeley Association
Newsletters
125. Glomax
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 21
126. Margot Smith
Zoning/Upzoning
127. Barbara Anscher
128. Linda Gallaher-Brown
129. 22 Similarly worded form letters
Hopkins
130. Howard Goldberg
131. Willard Bohn
132. Margot Murtaugh
133. Lisa Brenneis
134. Dorothy Gordon
135. Sally Carson
136. Nancie Kester
137. Rob Kirby
138. Phyllis Oyama (3)
139. Barbara Llewellyn
140. Gary Croner
141. Tamara Birdsall (2)
142. Chris Edmunds
143. Keri Ferencz and James Levine
144. Susan Bogas
145. Tony Kaes
146. Mary Ajideh
147. Wendy Hoben
148. Marguerite Lee
149. Virginia Kamp (2)
150. Alan Schoenfeld (2)
151. Hilary Near
152. Eric Taylor
153. Colin Elbasani
154. Jeremiah Maller
155. Ann Rawley (2)
156. Melanie Lawrence and John Smail
157. Mike Olson
158. Abe Hardin
159. Mark Witriol
160. David White
161. Cady Masterman
162. Shaun O’Sullivan
163. Gail Greenwood
164. John and Diane Rice
165. Emilie Strauss
166. John Waters
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 22
199 Seawall Letter and Summary
167. Terry Ayyad (2)
E-Scooters
168. Laurie McWhorter
169. Oren (2)
170. Antonio Vargas (3)
171. Joey T
172. Aaron Dickinson (2)
173. Anosh Dumasia (3)
174. Carson Lepre (10)
175. Robert Borghese (22)
Forwards/URLs
176. Russbumper (24)
177. Eid Abdallah (28)
Supplemental Communications and Reports 1
Item #19: Resolution in opposition to the handling, storage, and transport of coal and petroleum coke in the San Francisco Bay Region, urging stringent regulation of such facilities by the Bay Area Air District, and in support of Assembly Bill (AB) 40 178. Revised agenda material submitted by Councilmember Igor Tregub Item #21a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Continued from July 14, 2026) (Item Contains Supplemental Material) (Reviewed by the Public Safety Policy Committee)
179. Supplemental agenda material submitted by the Office of the Director of Police Accountability
180. Revised agenda material submitted by Councilmember Brent Blackaby 181. Police Accountability Board
Supplemental Communications and Reports 2
Item #19: Resolution in opposition to the handling, storage, and transport of coal and petroleum coke in the San Francisco Bay Region, urging stringent regulation of such facilities by the Bay Area Air District, and in support of Assembly Bill (AB) 40 182. Diana Bohn
Item #21a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Continued from July 14, 2026) (Item Contains Supplemental Material) (Reviewed by the Public Safety Policy Committee)
183. Elana Auerbach
184. Elizabeth Ferguson
185. Jamie Greenwood
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 23
186. Sally Nelson
Supplemental Communications and Reports 3
Urgency Item: Wildfire Resiliency Bills – Request for Governor’s Signature 187. Submitted by Councilmember Brent Blackaby
Item #12: Grant Application: Safe Routes to Transit and Bay Trail Program (SR2TBT)
188. Allison Granzella
Item #15: District 1 Support for the Gilman District Merchants Association to Promote Longterm Sustainability and Area Improvements: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 189. Jules Kobelin
190. Bobbi Fabian
191. Julie McCray (2)
Item #19: Resolution in opposition to the handling, storage, and transport of coal and petroleum coke in the San Francisco Bay Region, urging stringent regulation of such facilities by the Bay Area Air District, and in support of Assembly Bill (AB) 40
192. Phil Catalfo and Michelle Lerager
Item #20: Referral to the City Manager: RENAISSANCE (Revitalizing Enterprise and Neighborhoods through Activation, Investment, Safety, Streamlining, Accessibility, Networking, Collaboration, and Equity) – Part 2: Commercial Vacancy Blight Prevention and Mitigation
193. Beth Roessner
Item #21a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Continued from July 14, 2026) (Item Contains Supplemental Material) (Reviewed by the Public Safety Policy Committee)
194. Maxwell DeFanti
195. Kelly Hammargren
196. Janice Schroeder
Tuesday, September 15, 2026 ANNOTATED AGENDA Page 24
Item #19: Resolution in opposition to the handling, storage, and transport of coal and petroleum coke in the San Francisco Bay Region, urging stringent regulation of such facilities by the Bay Area Air District, and in support of Assembly Bill (AB) 40
Item #21a: Resolution Reinstating the Berkeley Police Department’s Ability to Use Tear Gas for Critical Life-Threatening Incidents Only and Lifting the COVID-19 Moratorium on Smoke and Oleoresin Capsicum (OC) Spray (Continued from July 14, 2026) (Item Contains Supplemental Material) (Reviewed by the Public Safety Policy Committee)
Item #21b: Social Justice Implications of Proposed Use of Controlled Weapons and Other Policing Tools (Continued from July 14, 2026) 197. Janice Schroeder