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Annotated agenda, first session

Berkeley City Council
September 29, 2026

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Annotated agenda, first session
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September 29, 2026
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Tuesday, September 29, 2026 ANNOTATED AGENDA Page 1

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, September 29, 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: 165 269 0912. 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 29, 2026 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: None
Councilmember Humbert participated in the meeting remotely under the “just cause” exception in the Brown Act due to illness.

Councilmember Lunaparra exited the meeting location at 9:44 p.m. and participated in the remainder of the meeting remotely under the “just cause” exception in the Brown Act due to illness.

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: Ceremonial Matters:

1. Recognition of John Caner, CEO of the Downtown Berkeley Association, on the occasion of his retirement

2. Adjourned in memory of Gene Nakamura, Berkeley Unified School District Educator and Coach

3. Recognition of Julie Sinai, Assistant to Mayor Ishii, on the occasion of her retirement City Manager Comments:

The City Manager removed Item 21 regarding a contract for the 1947 Center Street Window Replacement Project from the agenda.

City Auditor Comments:

The City Auditor provided an update on Item 37 regarding the Restaurant Inspections and Item 38 regarding the Comprehensive Domestic Violence Policy to Support City Employees .

Public Comment on Non-Agenda Matters: 10 speakers.

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 3
Action: M/S/C (Tregub/Blackaby) to accept two urgency items from Mayor Ishii pursuant to Government Code Section 54954.2(b)(2) entitled:

1. Resolution in Support of Prop 1, The Veterans and Affordable Housing Bond Act of 2026

2. Resolution to Oppose Proposition 43, Limits Voter’s Ability to Raise Revenues for Local Government Services
Vote: All Ayes.

Required Verbal Disclosure:

Pursuant to state law the Council is verbally disclosing the action on public agency executive salaries – the Council will vote to adopt a Resolution confirming the appointment of Mary Opler as Director of Police Accountability and approving an employment agreement effective October 5, 2026, at an annual salary of $230,000.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 22 speakers.

Action: M/S/C (Taplin/Tregub) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Consent Calendar

Urgency Item: Resolution in Support of Prop 1, The Veterans and Affordable Housing Bond Act of 2026
From: Mayor Adena Ishii (Author), Councilmember Lunaparra (Co-Sponsor), Councilmember Blackaby (Co-Sponsor), Councilmember Tregub (Co-Sponsor) Recommendation: The Berkeley City Council adopt a resolution supporting The Veterans and Affordable Housing Bond Act of 2026, which authorizes $11.25 billion in state general obligation bonds to fund several housing affordability programs.

Financial Implications: None.

Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Adopted Resolution No. 72,435–N.S.

Urgency Item: Resolution to Oppose Proposition 43, Limits Voter’s Ability to Raise Revenues for Local Government Services
From: Mayor Adena Ishii (Author), Councilmember Lunaparra (Co-Sponsor), Councilmember Blackaby (Co-Sponsor), Councilmember Tregub (Co-Sponsor) Recommendation: Berkeley City Council adopt a resolution opposing Proposition 43, a constitutional amendment on the November 2026 statewide ballot to limit voter's ability to raise revenues for local government services.

Financial Implications: None.

Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Adopted Resolution No. 72,436–N.S.

Recess Items
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 4

1. Increase Spending Authority to Create Purchase Orders Against Contract No. 31900270: Dell Computers, Inc. for Continued Hardware, Software, and Related Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to increase spending authority for purchase orders to Contract No. 31900270 with Dell Computers, Inc. for the purchase of hardware, software, and related services utilizing the County of Riverside Agreement 8084445, for an additional $2,900,000 for a total not-to-exceed amount of $11,097,733 for the period of November 1, 2019, through October 31, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 72,437–N.S.

2. Contract No. 32600016 Amendment: Team Ghilotti South Cove West Lot Repaving Project
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the City Council recess authorizing the City Manager to execute an amendment to Contract No. 32600016 with Team Ghilotti for the South Cove West Parking Lot Project, increasing the amount by $335,740 for an amended total amount not to exceed $2,220,381.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,438–N.S.

3. Increased Spending Authority: East Bay Regional Communications System Authority Project Operating Agreement (Contract No. 31900111) for Public Safety Radio Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager to increase the spending authority with the East Bay Regional Communications System Authority for public safety radio communications services, increasing the amount by $2,600,000 for a total not to exceed of $6,819,482 and requiring Council reauthorization by December 31, 2031.

Financial Implications: See report
Contact: Jaime Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,439–N.S.

Consent Calendar
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 5

4. Loan Administration Board Dissolution; Repealing BMC Chapter 3.72 From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,032-N.S. repealing Berkeley Municipal Code Chapter 3.72. Loan Administration Board enabling legislation, thereby dissolving the Loan Administration Board.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted second reading of Ordinance No. 8,032–N.S.

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 6, 2026 (closed), July 7, 2026 (regular), July 14, 2026 (special and regular), July 20, 2026 (closed), July 24, 2026 (closed), and July 28, 2026 (regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 29, 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: $17,585,000 - Various Funds
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

7. Adopt Resolution Approving Publicly Available Pay Schedule From: City Manager
Recommendation: Adopt a Resolution approving a publicly available pay schedule effective September 15, 2026, pursuant to the Public Employee’s Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR).

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 72,440–N.S.

Consent Calendar
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 6

8. Appointment of Director of Police Accountability
From: City Manager
Recommendation: Adopt a Resolution approving the appointment of Mary Opler as Director of Police Accountability and approving an employment agreement effective October 5, 2026, at an annual salary of $230,000.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 72,441–N.S.

9. Contract: Agile Occupational Medicine for Occupational Health Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Agile Occupational Medicine for Employee Occupational Health Services for the period of January 1, 2027 through June 30, 2030 for a total not to exceed of $150,000.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 72,442–N.S.

10. Contract No. 32100138 Amendment: AnchorCM for On-call Waterfront Project and Construction Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100138 for AnchorCM, for on-call Waterfront project and construction management services, increasing the contract amount by $1,000,000 for a total Not-to-exceed amount of $3,000,000 and duration by twelve months, from December 31, 2026 to December 31, 2027.

Financial Implications: $3,000,000 - Various Funds
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,443–N.S.

11. Contract No. 32400043 Amendment: Elavon, Inc. for Online Credit Card Processing Services for Recreation Programs and Facilities From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to contract 32400043 with Elavon, Inc. for online credit card processing services for Recreation programs and facilities by $125,000 for a new not-to-exceed amount of $485,000.

Financial Implications: $485,000 - Various Funds
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,444–N.S.

Consent Calendar
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 7

12. Donation: Memorial Bench at the Berkeley Waterfront in Memory of Mike Parker
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 Mike Parker.

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,445–N.S.

13. Amendment to BMC Chapter 2.99 to Establish Surveillance Technology Vendor Accountability Requirements and to Revise the Annual Surveillance Technology Reporting Schedule
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter 2.99 to require enforceable violation, sanction, and termination provisions in agreements with surveillance technology vendors; to change the annual Surveillance Technology Report to a calendar-year reporting period due to the City Council at the first regular meeting in March, beginning with a report in March 2027 covering October 1, 2025 through December 31, 2026; and to conform references to the Police Accountability Board.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted first reading of Ordinance No. 8,033–N.S. revised to amend Section 4 of the ordinance to read as follows:

2.99.070 Oversight Following City Council Approval.

The City Manager must submit to the Council Action Calendar a written Surveillance Technology Report, covering all of the City’s Surveillance Technologies, annually at the first regular Council meeting in March. Each Surveillance Technology Report shall cover the preceding calendar year, January 1 through December 31.

The first March Surveillance Technology Report submitted following the effective date of the ordinance amending this Section shall be submitted at the first regular Council meeting in March 2028 and shall cover the period from October 1, 2026 through December 31, 2027, so that no period is omitted from annual reporting as a result of the transition to a calendar-year reporting period.

After review of the Surveillance Technology Report, Council may make modifications to Surveillance Use Policies.

Second reading scheduled for October 13, 2026.

Consent Calendar
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 8

14. Contract No. 31900143 Resolution Amendment: Passport Labs Incorporated for Parking Citation and Permit Management System (CPMS) From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 72,068-N.S., to clarify the total contract authority required to execute and operationalize the contract with Passport Labs Inc. for a Parking Citation and Permit Management System. The amendment reflects a total contract authority of $9.3 million for the initial three-year term, from September 1, 2026 through August 31, 2029, with the option to extend the contract for two additional one-year periods, provided that the final extension shall end no later than August 31, 2031.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,446–N.S.

15. Contract No. 32400003 Amendment: Cooke & Associates Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke & Associates, a background investigation services provider for public safety personnel, to increase the contract amount by $350,000 to a total contract of $930,000 expiring on July 31, 2028.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,447–N.S.

16. Grant: Fiscal Year 2027 Alcohol Policing Partnership (APP) Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, to execute a grant contract and any subsequent amendments with the Alcoholic Beverage Control (ABC) in the amount of $97,330 for fiscal year 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,448–N.S.

17. Revenue Grant: Cannabis Tax Fund Grant Program (CTFGP) Acceptance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or their designee, to accept the Cannabis Tax Fund Grant Program (CTFGP) and execute any resultant revenue agreements and amendments with the California Highway Patrol. The total grant amount is $90,629.70 for the period of July 1, 2026, through June 30, 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,449–N.S.

Consent Calendar
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 9

18. Alameda County Transportation Commission Comprehensive Investment Program 2028 and One Bay Area Grant 4 Applications
From: City Manager
Recommendation: Adopt Resolutions of local support for Alameda County Transportation Commission Comprehensive Investment Program (CIP) 2028 and One Bay Area Grant (OBAG) 4 grant applications submitted on July 27, 2026, for the Sacramento Crossings Improvement Project and the North and West Berkeley Safe Routes to Schools Project; accept the funds; and execute any resultant agreements and amendments.

Financial Implications: See report
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,450–N.S. (Local Support), Resolution No. 72,451–N.S. (Sacramento Crossings), Resolution No. 72,452–N.S. (Safe Routes to Schools).

19. Contract No. 32600193 Amendment: Bay Construction Co. for Transfer Station Aboveground Storage Tank Specification No. 25-11733-C
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32600193 with Bay Construction Co. for the Transfer Station Aboveground Storage Tank Project, increasing the contract amount by $110,964.00 for a revised total amount not to exceed $765,600.00, for the contract term beginning June 23, 2026, through December 30, 2026.

Financial Implications: See report
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,453–N.S.

20. Contract: IDAX Traffic Data, LLC for On-call Traffic Survey Consulting Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with IDAX Traffic Data, LLC, for on-call traffic survey consulting services for an initial three-year period in the amount not to exceed $240,000, with an option of up to two, one-year extensions.

Financial Implications: See report
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,454–N.S.

Consent Calendar

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 10

21. Contract: One Workplace Construction LLC dba Vantis for 1947 Center St.

Window Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specification for 1947 Center St. Window Replacement Project (Specification No. 26-11762-C); and

2. Accepting the bid of One Workplace Construction LLC dba Vantis as the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount Not To Exceed (NTE) $1,764,620.00, including a contingency of $294,100.00, for the term of November 1, 2026, to September 31, 2031.

Financial Implications: $1,764,600.00 - Various Funds
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Item 21 removed from the agenda by the City Manager.

22. Contract: Shaw Integrated and Turf solutions, Inc., for Civic Center Building, Fourth Floor @ IT Department Carpet Replacement Project From: City Manager
Recommendation: Adopt a Resolution: 1. Accepting the California Multiple Award Schedule (CMAS) bid procedures; 2. Approving the CMAS Contract with Shaw Integrated and Turf Solutions, Inc. for Carpet Replacements at the Civic Center Building; 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 terms and conditions of the agreements with Shaw Integrated and Turf Solutions, Inc. in an amount not to exceed $90,542, which includes a contingency of $11,810.

Financial Implications: $90,542 - Capital Improvement Fund Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,455–N.S.

23. Expenditure Contract: AMCS GROUP, INC. for Online Refuse Payment Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with AMCS GROUP, Inc. for AMCS Pay, which provides online refuse payment services, in an amount not to exceed $500,000 for the term of October 1, 2026, to October 1, 2031.

Financial Implications: See report
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,456–N.S.

Consent Calendar
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 11

24. Grant Acceptance: Alameda CTC TFCA Adeline Quick Build From: City Manager
Recommendation: Adopt a Resolution accepting $1,000,000 of Transportation Fund for Clean Air (TFCA) funds from the Alameda County Transportation Commission (CTC) for the Adeline Quick Build Project and execute any resultant agreements and amendments.

Financial Implications: See report
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,457–N.S.

25. Purchase Order: Braun Northwest, Inc. for One 2027 Ford F-450 North Star Ambulance Body Remount to a New Chassis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Braun Northwest, Inc. for one 2027 Ford F-450 North Star ambulance remount to a new chassis in an amount not to exceed $260,000.

Financial Implications: $260,000 - Public Works Department Equipment Fund Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,458–N.S.

Council Consent Items

26. Referral to the City Manager to Develop An Updated Cross Departmental Program Plan and Strategic Asset Management Plan Per the Realize Vision 2050 Plan to Address the City’s Long-term Infrastructure Needs and Maintenance Schedule and Provide Semi-Annual Progress Reports to City Council
From: Mayor Ishii (Author), Councilmember Taplin (Co-Sponsor), Councilmember Tregub (Co-Sponsor), Councilmember O'Keefe (Co-Sponsor) Recommendation: Refer to the City Manager to develop an updated cross- departmental Program Plan and Strategic Asset Management Plan as set forth in the Realize Vision 2050 Plan to address the City’s long-term infrastructure needs and maintenance schedule, and provide semi-annual progress reports to City Council.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Approved recommendation.

Council Consent Items

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 12

27. Cal Sailing Club’s Final 2026 Open House: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Mayor Ishii (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including $1,000 from Councilmember Taplin, to support Cal Sailing Club’s Final 2026 Open House in October.

Financial Implications: Councilmember’s Discretionary Funds - $1,000 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Tregub added as a co-sponsor. Adopted Resolution No. 72,459–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Blackaby - $100; Councilmember Tregub - $100; Councilmember Humbert - $250; Councilmember O’Keefe - $100; Councilmember Kesarwani - $100; Councilmember Bartlett - $200; Councilmember Lunaparra - $500.

28. Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to Support the Restoration of “Sinbad Voyage” From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution approving an expenditure of an amount not to exceed $1,000 per Councilmember from the D13 Discretionary Accounts of members of the Berkeley City Council, including contributions of $500 from Councilmember Igor Tregub, $250 from Councilmember Terry Taplin, $100 from Mayor Ishii, and $100 from Councilmember Ben Bartlett, and inviting all Councilmembers to contribute to support the restoration of Mokhtar Paki’s “Sinbad Voyage” mural.

Financial Implications: Councilmembers' Discretionary Funds - $1,000 Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 72,460–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Blackaby - $100; Councilmember Humbert - $1,000; Councilmember O’Keefe - $500; Councilmember Kesarwani - $100; Councilmember Bartlett - $200; Councilmember Lunaparra - $500.

29. Honoring Childhood Cancer Awareness Month
From: Councilmember Blackaby (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Adopt a Resolution honoring September as childhood cancer awareness month.

Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 72,461–N.S.

Council Consent Items
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 13

30. United Against Hate Week 2026 Resolution
From: Councilmember Blackaby (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Lunaparra (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution declaring October 18 – 24 as United Against Hate Week in Berkeley.

Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 72,462–N.S.

31. Music in the Elmwood Festival: 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 $14,000 per Councilmember including $14,000 from Councilmember Humbert to the Elmwood Business Association for the Music in the Elmwood Festival in the years 2027 and 2028, 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 - $14,000 Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Correction to reflect that the item is from Councilmember Humbert (Author).

Mayor Ishii added as a co-sponsor. Adopted Resolution No. 72,463–N.S. revised to include contributions from the following Councilmembers up to the amounts listed:

Councilmember Blackaby - $100; Councilmember Tregub - $100; Councilmember O’Keefe - $100; Councilmember Kesarwani - $100; Councilmember Bartlett - $200.

32. Reaffirmation of the Sister City Relationship Between the City of Berkeley and the City of Palma Soriano, Cuba
From: Councilmember Humbert (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Lunaparra (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution reaffirming the long-standing Sister City relationship between the City of Berkeley and the City of Palma Soriano, Cuba, and reauthorizing the Berkeley–Palma Soriano Sister City Committee to resume work on clean water, environmental, cultural, and educational projects in partnership with the Palma Soriano community, at no direct or indirect cost to the City of Berkeley.

Financial Implications: None
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Adopted Resolution No. 72,464–N.S.

Action Calendar – Public Hearings

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 14

33. California Municipal Finance Authority Bond Financing for Ashby Lofts Project From: City Manager
Recommendation: Conduct the public hearing on September 29, 2026, under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), and upon conclusion:

Adopt a Resolution approving the issuance of the Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Ashby Lofts LP, a California limited partnership (the “Borrower”), to provide for the financing of Ashby Lofts (the “Project”). The adoption is intended to solely satisfy the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Public Testimony: The Mayor opened the public hearing. 2 speakers.

M/S/C (Taplin/Blackaby) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Bartlett/Tregub) to adopt Resolution No. 72,465–N.S.

Vote: All Ayes.

34. Adoption of San Pablo Avenue Specific Plan
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion:

1. Adopt a Resolution: a. Considering an Addendum to the 2023-2031 Housing Element Update Environmental Impact Report (EIR) together with the previously certified EIR and finding that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR have occurred; b. Adopting the San Pablo Avenue Specific Plan and San Pablo Avenue Specific Plan Design Standards Document; c. Approving and adopting General Plan and University Avenue Strategic Plan map and text amendments to redesignate certain parcels and update certain land use designations to be consistent with the San Pablo Avenue Specific Plan; and d. Rescinding the West Berkeley Plan and San Pablo Avenue Public Improvements Plan; and

2. Adopt the first reading of an Ordinance to amend the Berkeley Municipal Code to create the San Pablo Commercial District (Chapter 23.202.160) and additional conforming amendments to other sections of the Municipal Code.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Public Testimony: The Mayor opened the public hearing. 53 speakers.

M/S/C (Taplin/Kesarwani) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Blackaby/Kesarwani) to suspend the rules and extend the Council meeting to 11:30 p.m.

Vote: All Ayes.

Action Calendar – Public Hearings

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 15
Action: M/S/Failed (Blackaby/O’Keefe) to:

1. Adopt a Resolution as revised in Supplemental Communications Packet #1 by the City Manager.

2. Adopt the first reading of an Ordinance as revised in the Supplemental Communications Packet #1 by the City Manager and further revised as follows:
• In Section 9 of the ordinance, amend Table 23.204-45: C-SP Development Standards to amend the Main Building Height Maximum to 55 ft. and 4 stories for non-residential project land use and 55 ft. and 5 stories for residential only or mixed-use project land use.
• Add a Minimum Density Standard of 100 Dwellings Units Per Acre (dua) and amend all references to 145 dua in the Supplemental packet to 100 dua. • In Section 9 of the ordinance, amend the language in 23.204.160(D)(3)(c); related to Prohibited Uses on the Ground Floor to change “Prohibited Uses” to “Residential Uses.”
• In Section 16 of the ordinance, amend 23.206.080(B)(6) to read as follows:

6. Affordable and Family Housing Opportunity Areas. To increase affordable housing production and expand the supply of family-sized units, the MU-LI district shall include an Affordable and Family Housing Opportunity Area as shown in Figure 23.206-1. Multi-unit and mixed-use residential uses shall be allowed within the Affordable and Family Housing Opportunity Area with a UP(PH), provided that the development project either:
a) Offers 100 percent of the residential units, excluding any manager’s unit, at a rent that is affordable to households earning no more than 120 percent of the Area Median Income (AMI) with at least 50 percent earning no more than 80 percent AMI; or
b) Provides at least 35 percent of the residential units as either two- or three- bedroom units.

3. Refer to the City Manager consideration of the application, within the context of the San Pablo Area Specific Plan, San Pablo Avenue Specific Plan Design Standards Document, and/or any associated documents, as applicable, of commercial anti-displacement provisions being considered as part of the Commercial Zoning Update and provisions of the RENAISSANCE 1 and RENAISSANCE 2 referrals previously adopted by the Berkeley City Council.

These could include, but not be limited to, the evaluation of a business license tax waiver for businesses displaced by developmental projects; establishment of marketing and promotional programs to boost activity to impacted businesses, facilitated by the Office of Economic Development and community partners; facilitation of meetings between construction project managers and impacted nearby businesses to identify potential accommodations; creation of development standards that include the warm-shelling of new commercial spaces; and identification of additional mitigation measures or policy changes/waivers to support business continuity and relocation.

Vote: Ayes – O’Keefe, Blackaby; Noes – Kesarwani, Taplin, Bartlett, Tregub, Lunaparra, Humbert, Ishii; Abstain – None; Absent – None.

Action Calendar – Public Hearings

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 16
Action: M/S/Carried (Kesarwani/Taplin) to:

1. Adopt Resolution No. 72,466–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

2. Adopt the first reading of Ordinance No. 8,034–N.S. as revised in the Supplemental Communications Packet #1 by the City Manager and further revised as follows:
• In Section 9 of the ordinance, amend Table 23.204-45: C-SP Development Standards to amend the Main Building Height Maximum to 75 ft. and 5 stories for non-residential project land use.
• Add a Minimum Density Standard of 100 Dwellings Units Per Acre (dua) and amend all references to 145 dua in the Supplemental packet to 100 dua. • In Section 9 of the ordinance amend the language in 23.204.160(D)(3)(c); related to Prohibited Uses on the Ground Floor to change “Prohibited Uses” to “Residential Uses.”
• In Section 16 of the ordinance, amend 23.206.080(B)(6) to read as follows:

6. Affordable and Family Housing Opportunity Areas. To increase affordable housing production and expand the supply of family-sized units, the MU-LI district shall include an Affordable and Family Housing Opportunity Area as shown in Figure 23.206-1. Multi-unit and mixed-use residential uses shall be allowed within the Affordable and Family Housing Opportunity Area with a UP(PH), provided that the development project either:
a) Offers 100 percent of the residential units, excluding any manager’s unit, at a rent that is affordable to households earning no more than 120 percent of the Area Median Income (AMI) with at least 50 percent earning no more than 80 percent AMI; or
b) Provides at least 35 percent of the residential units as either two- or three- bedroom units.

Second reading scheduled for October 13, 2026.

3. Refer to the City Manager consideration of the application, within the context of the San Pablo Area Specific Plan, San Pablo Avenue Specific Plan Design Standards Document, and/or any associated documents, as applicable, of commercial anti-displacement provisions being considered as part of the Commercial Zoning Update and provisions of the RENAISSANCE 1 and RENAISSANCE 2 referrals previously adopted by the Berkeley City Council.

These could include, but not be limited to, the evaluation of a business license tax waiver for businesses displaced by developmental projects; establishment of marketing and promotional programs to boost activity to impacted businesses, facilitated by the Office of Economic Development and community partners; facilitation of meetings between construction project managers and impacted nearby businesses to identify potential accommodations; creation of development standards that include the warm-shelling of new commercial spaces; and identification of additional mitigation measures or policy changes/waivers to support business continuity and relocation.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 17

35. Affordable Housing Preference Policy: Pilot Assessment and Policy Update From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 70,960-N.S. to revise and update the Affordable Housing Preference Policy for new residential housing units created via the Housing Trust Fund (HTF) and Below Market-Rate (BMR) programs.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: M/S/C (Taplin/Barlett) to continue the item to the October 13, 2026 City Council meeting.

Vote: All Ayes.

36. Surveillance Technology Ordinance Submission for Mutual Aid Air Support, Pursuant to Council Action of July 14, 2026
From: City Manager
Recommendation: Adopt a Resolution to accept the Surveillance Acquisition Report and approve the Surveillance Use Policy (BPD Policy 1308) for Mutual Aid Air Support, pursuant to Berkeley Municipal Code (B.M.C.) Chapter 2.99.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Consent Calendar. Adopted Resolution No. 72,467–N.S. and directed the City Manager to insert the Surveillance Technology Ordinance language regarding audits into the Surveillance Use Policy (BPD Policy 1308) for Mutual Aid Air Support.

Information Reports

37. Restaurant Inspection Audit Status Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Received and filed.

38. Update: HR Response: Audit Recommendations for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager:

Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Received and filed.

39. Response to City Council’s Motion Regarding Refinements to the Telegraph Multimodal Corridor Project Design Approved at the October 28, 2025 Meeting of the Berkeley City Council
From: City Manager
Contact: Jamie Parks, Public Works, (510) 981-6300
Action: Received and filed.

Information Reports
Tuesday, September 29, 2026 ANNOTATED AGENDA Page 18

40. Planning Commission Fiscal Year 2026-27 Work Plan
From: Planning Commission
Contact: Alisa Shen, Commission Secretary, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 4 speakers.

Adjournment
Action: M/S/C (Taplin/Kesarwani) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 11:15 p.m.

Communications
9th and Camelia/4th and Camelia

1. Jimena Jimenez

2. Rebecca Ramirez

3. Chia Zau

4. Michele Turnerhill

5. Crystal Turnerhill-Dawkins (3)

6. Lisa Brown (2)

7. Jorge Lopez

8. Nikhila Pai (2)

9. Stephanie Chang (2)

10. Josh Jacobs

11. Or Dobrin

12. Louis Basel

13. Daniel Isaacson

14. Jacob Couture (3)

15. CC Miksza (2)

16. Kevin Hughes

17. Gunnar Madsen

18. Kendra Hypolite

19. Fitzann Reid

20. Leah Cabugos-Mendez

21. Lauren Kaneko-Jones

22. Tatiana Davis

23. Michelle Wolfson (2)

24. Oliver Davis

25. Paul Gundelfinger

26. Tong Li

27. Araxi Gundelfinger

28. Robyn Papathakis Shannon

29. Daniel Gerber

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 19

30. Maddie Goldman-Rogers

Encampments

31. Adelaide Jenkins

32. Meryl Siegal

33. Barbara Fisher

1820 University Ave

34. Nathaniel Goldstein

Berkeley Tax Measures

35. Bob Brewer

Ashby BART

36. Mickey Butts

37. Elaine Magree

Safety Lights for Berkeley Crew

38. Matthew Smith

Request

39. Diana Bohn

Discarded Bicycles

40. Sas Colby

Gravel Parking Systems at Spinnaker Way

41. Todd Jersey (2)

3050 College Ave

42. Kamal Azari

Class Cancellations and Refund Request

43. Alyssa Cauble May

Parking Meters

44. Jenny Josephian

Flock Concerns

45. Betsy Bigelow-Teller

46. Janice Schroeder (2)

47. Summer Brenner

48. Jacqui VanLiew

Updates from Berkeley Speaks

49. Boona Cheema

Cigarette-Filter Waste Concern

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 20

50. David Neese

2012 Channing Way

51. Tim Donnelly

52. Grace Smith

Berkeley Tuolumne Family Camp

53. Claire Patterson and Lamont Rodriguez
Smoke Advisory

54. Dorothea Dorenz

Hayden Act Concern

55. Francesca Agrusa

Berkeley Indigenous People’s Day

56. John Curl

Meeting Request

57. Yasir Rizvi

Marina Ave Stop Sign and Safety

58. Kenny Yu

Aquatic Park Wetlands Letter

59. Susan Schwartz

Caltrans Truck Access Study Findings

60. The NoBigRiggs580 Committee

Insight Housing Concern

61. Jlucus916

Hopkins

62. Robert Kehlmann

63. Donna DeDiemar

Ceremonial Matters Request

64. Leslie Maxie

South Cove Parking Fee

65. Paul Kamen

Marina Concerns

66. Rachel Bradley

College Ave and Derby St. Concerns

67. Eidit Choochage

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 21

Late Penalty Concern

68. Summerlea Kashar

Chancellor’s Grant Listening Study

69. Nageene Mosaed

Coalition Next Steps

70. Carol Denney

Zoning/Upzoning

71. Warren and Lorna Byrne

72. Debra Busta Moore (2)

73. Olivia Grimes (2)

Urban Gardens

74. Steven Hesh

Documentary

75. Joel Ng

Dorothy Day House Concern

76. Blaire Wally

Comment Concern

77. Stephen Alpert

Proclamation Request

78. Arya Devanath

Infrastructure Bond

79. Judy Ziajka

URLs

80. Russbumper (3)

81. Sam Holtzman

E-Scooters

82. Robert Borghese (7)

83. Antonio Vargas

84. Deven Mitchell (2)

85. Carson Lepre (3)

Forwards

86. Eid Abdallah (12)

87. Russbumper (2)
Supplemental Communications and Reports 1

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 22
Item #26: Referral to the City Manager to Develop An Updated Cross Departmental Program Plan and Strategic Asset Management Plan Per the Realize Vision 2050 Plan to Address the City’s Long-term Infrastructure Needs and Maintenance Schedule and Provide Semi-Annual Progress Reports to City Council

88. Ray Yep, Larry Henry, and Margo Schueler

89. Terry Taplin
Item #34: Adoption of San Pablo Avenue Specific Plan

90. Supplemental agenda material submitted by the Planning and Development Department

91. Virginia Browning

92. Meryl Siegal

93. Dietmar Lorenz

94. Cameron Woo

95. Ellen Franzen

96. Maggie Tenenbaum

97. Toni Mester

98. Todd Jersey

99. Phil Allen
100. Matt O’Brien
101. Douglas Smith
102. Donna DeDiemar
103. Bernard Marszalek
104. Berkeley Neighborhoods Council
105. Tammy Stellanova
106. Claudia Kawczynska
107. Anandamayi Arnold
108. Carol Franger
109. Daniel Ng
110. Robert Baldwin
111. Rob Wrenn
112. Aimee Baldwin
Item #36: Surveillance Technology Ordinance Submission for Mutual Aid Air Support, Pursuant to Council Action of July 14, 2026
113. Supplemental agenda material submitted by the Police Accountability Board 114. Office of the Director of Police Accountability
Supplemental Communications and Reports 2
Item #13: Amendment to BMC Chapter 2.99 to Establish Surveillance Technology Vendor Accountability Requirements and to Revise the Annual Surveillance Technology Reporting Schedule
115. Sam Holtzman
116. Kat Vidt
117. Olive Demar
118. Karina Epperlein
119. Summer Brenner
120. Peter Deibler
121. Kelly Hammargren

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 23
122. Kate Rassbach
123. 64 Similarly worded form letters
Item #23: Expenditure Contract: AMCS GROUP, INC. for Online Refuse Payment Services
124. Surako Butler
Item #26: Referral to the City Manager to Develop An Updated Cross Departmental Program Plan and Strategic Asset Management Plan Per the Realize Vision 2050 Plan to Address the City’s Long-term Infrastructure Needs and Maintenance Schedule and Provide Semi-Annual Progress Reports to City Council
125. Ray Yep
126. Build a Better Berkeley

Item #34: Adoption of San Pablo Avenue Specific Plan
127. Charlene M. Woodcock
128. Toni Mester
129. John J. Parman
130. Molly Miller
131. Carol Denney
132. Julie Flynn
133. Pablo Diaz-Gutierrez
134. Sarah Bell
135. Noah Brod
136. Clifford Fred
137. Anandamayi Arnold
138. Rachel Bradley
139. Nancy Rader
140. Robert Prinz
141. Mark Petrofsky
142. Sarah Bell on behalf of the Housing Action Coalition, East Bay Yimby, and Berkeley Neighbors for Housing and Climate Action
143. Michael Apte
144. Moni Gangopadhyay
145. Heike Helmer
146. Kelly Hammargren
147. 89 Similarly worded form letters
Supplemental Communications and Reports 3
Urgency Item: Resolution in Support of Prop 1, The Veterans and Affordable Housing Bond Act of 2026
148. Submitted by Mayor Adena Ishii
Urgency Item: Resolution to Oppose Proposition 43, Limits Voter’s Ability to Raise Revenues for Local Government Services
149. Submitted by Mayor Adena Ishii

Tuesday, September 29, 2026 ANNOTATED AGENDA Page 24
Consent Calendar
Item #13: Amendment to BMC Chapter 2.99 to Establish Surveillance Technology Vendor Accountability Requirements and to Revise the Annual Surveillance Technology Reporting Schedule
150. Andrew McDiarmid
151. 9 Similarly worded form letters
Item #16: Grant: Fiscal Year 2027 Alcohol Policing Partnership (APP) Grant 152. Taj Herzer-Baptiste
Action Calendar
Item #34: Adoption of San Pablo Avenue Specific Plan
153. Presentation submitted by the Planning and Development Department 154. Aimee Baldwin
155. Toni Mester
156. Camden Stein
157. Elana Auerbach
158. Meryl Siegal
159. Michael Safyan
160. John J. Parman
161. Bruce H. Feingold
162. Libby Lee-Egan
163. 6 Similarly worded form letters
Item #35: Affordable Housing Preference Policy: Pilot Assessment and Policy Update
164. Sophia DeWitt
Miscellaneous
165. Berkeley Behavioral Health Commission

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