Berkeley City Council Regular Meeting – September 15, 2026

The Berkeley City Council convened on Tuesday, September 15, 2026, at 6:02 PM in a hybrid meeting. The agenda included preliminary ceremonial matters, city manager comments on the Harrison Street encampment abatement, an auditor report, an urgent item on wildfire bills, a 20-item consent calendar, and two action items (21a and 21b) concerning the reinstatement of tear gas and other chemical weapons. Following extensive public comment and council deliberation on the chemical weapons items, the council voted 5-4 against extending the meeting beyond midnight and instead scheduled a special meeting for September 29, 2026, at 4:00 PM to continue discussion.

Ceremonial & Preliminary Matters

• Land Acknowledgement read by Vice Mayor O’Keefe, recognizing the Ohlone people.
• Pledge of Allegiance led by the Mayor.
• Proclamation: America the Entrepreneurial 2026, presented by Economic Development Manager Eleanor Hollander.
• Proclamation: September 2026 recognized as Hunger Action Month, accepted by Andrew Crisman, Executive Director of Berkeley Food Network.

Consent Calendar

• Urgent Item: Councilmember Blackaby introduced a request for the Mayor to send letters to the Governor urging signature on eight wildfire resiliency bills. The item was approved unanimously for inclusion on the Consent Calendar.
• Consent Items (1–20): Approved as a group with the following amendments:
  • Item 15 (Gilman District Merchants Association grant): Councilmember Taplin added as co-sponsor.
  • Item 16 (Housing fee study): Councilmembers Humbert and Lunaparra added as co-sponsors.
  • Urgent wildfire item: Councilmembers Humbert and O’Keefe added as co-sponsors.
• Key consent items included:
  1. Grant application for Community Resilience Center Planning Grant (up to $500,000)
  2. Contract with Downtown Berkeley Association for Addison Street Catenary Lighting ($150,000)
  3. Amendment with Fire Aside, LLC for wildfire resilience software (additional $150,000, total $410,000)
  4. Grant application for Safe Routes to Transit and Bay Trail Program (up to $25,000,000)
  5. Supporting a Neighborhood Decarbonization Pilot Project
  6. Whistleblower Program Special Report on Workplace Relationship Policies
  7. District 1 grant to Gilman District Merchants Association ($65,000)
  8. Referral for comprehensive housing fee study
  9. Resolution in support of AB 1761 (electricity data disclosure)
  10. Resolution opposing coal and petroleum coke in the Bay Region, supporting AB 40
  11. Renaissance Part 2 – Commercial Vacancy Blight Prevention and Mitigation

Public Comments & Testimony

• Non-Agenda Matters: Multiple speakers addressed the morning’s Harrison Street encampment abatement, criticizing the city’s approach and alleging violations of court orders. Others raised concerns about the public safety technology RFP scoring process and tenant conditions at Evans Manor.
• Employee Unions: No representatives spoke.
• Consent Calendar Comments: Several community members spoke in favor of Item 19 (no coal) and expressed concerns about the Renaissance referral (Item 20) lacking accountability deadlines. A speaker questioned the Fire Aside contract’s privacy implications. Others urged support for the decarbonization pilot and the Gilman District grant.
• Items 21a and 21b (Chemical Weapons): Over two dozen community members, students, and organizational representatives spoke overwhelmingly against lifting the tear gas ban. Speakers cited health risks, past misuse during the 2014 protests, the inability to contain chemical agents, and the importance of police accountability. Many supported the Peace and Justice Commission’s alternative (21b) to study health impacts. Only a few speakers acknowledged the narrow proposed use, but virtually all opposed 21a.

Discussion Items

• City Manager Comments (Not on Agenda): City Manager Paul Budenhagen reported on the Harrison Street encampment closure, noting that the city is complying with court orders regarding disability accommodations, storage of belongings, and relocation evaluations. He stated the city is appealing a related ruling to the Ninth Circuit.
• Auditor Report (Item 14): Auditor Jenny Wong presented the whistleblower program’s evaluation of workplace relationship policies, finding gaps in addressing romantic/dating relationships and recommending nepotism/cronyism provisions.
• Items 21a and 21b – Tear Gas and Chemical Weapons:
  • Councilmember Kesarwani presented 21a, arguing for a narrow reinstatement for BPD’s Special Response Team only for barricaded suspects, hostage rescues, and high-risk warrants, with explicit prohibitions on crowd control.
  • Councilmember Blackaby introduced supplemental language clarifying permissible uses and adding reporting requirements within 10 days.
  • George Lippman presented the Peace and Justice Commission’s position (21b) to retain the existing bans and instead commission an academic study of health impacts.
  • BPD Chief and Captain answered council questions, describing three incidents since 2020 where tear gas might have been considered but was not needed. They argued that the tool reduces the need for lethal force in rare, high-risk situations.
  • After extended public comment, the council debated adjournment deadlines. A motion to extend past midnight failed 4-5. A subsequent motion to schedule a special meeting on September 29, 2026, at 4:00 PM to continue items 21a and 21b passed 6-3.

Key Outcomes

• Consent Calendar Approved with amendments, including co-sponsorship changes on items 15, 16, and the urgent wildfire item.
• Action Items 21a and 21b Continued: The council voted 6-3 to schedule a special meeting on Tuesday, September 29, 2026, at 4:00 PM for further discussion and potential action on the tear gas/chemical weapons items.
• No other action items were decided due to the early adjournment.
• Referrals Approved: The Renaissance Part 2 (Item 20) and housing fee study (Item 16) were referred to the City Manager as part of the consent calendar.
• Discrepancy Note: The problem statement indicated the meeting date as 2026-09-16, but both the agenda and transcript confirm the meeting occurred on September 15, 2026. The summary uses the date from the primary source material.