Berkeley City Council Regular Meeting: October 27, 2026

The Berkeley City Council met in hybrid session on Tuesday, October 27, 2026, beginning at 6:01 p.m. at the School District Board Room, 1231 Addison Street. A quorum was present; Councilmember Kesarwani participated remotely due to illness. The Council received a presentation from Ava Community Energy, honored the life of Nikki Williams, approved a consent calendar that included an added urgency item on the federal census, and unanimously selected a development team for the Ashby BART East Lot transit-oriented development. Minutes were not available; this summary is drawn from the agenda and meeting transcript.

Ceremonial Matters

• Howard Chang, CEO of Ava Community Energy, presented the agency's inaugural impact report. Ava is a nonprofit community choice aggregator serving about 760,000 accounts, or over two million people, across 18 member agencies. He reported that Ava retains about 96 percent of customers, has provided over $180 million in customer savings, and has reinvested over $100 million in local procurement and programs. For Berkeley, Ava serves roughly 55,000 accounts with a 97 percent participation rate and has provided about $5.5 million in savings. Programs highlighted included the Ava Bike Electric e-bike rebate program, smart home charging, and heat pump water heater incentives.
• The Council adopted a proclamation and adjournment in memory of Nikki Williams, executive director emeritus of Berkeley Youth Alternatives, who died on August 13, 2026. Her son, Kevin Williams, delivered remarks about her advocacy and legacy.

Consent Calendar

• Added by urgency motion and approved: a resolution opposing the proposed U.S. Department of Commerce and Census Bureau rule on decennial census residence criteria and demographic questions, with a letter stating the City's position.
• Approved second reading of Ordinance No. 8,035-N.S. requiring undergrounding of above-ground electrical transformers on private property for new residential, commercial, and mixed-use projects.
• Approved a waiver of the Sanctuary City Contracting ordinance to enter into a contract with Westlaw. Councilmembers clarified that Westlaw is a legal research service, not a law firm, and that it is also used by immigration enforcement agencies, which is why the waiver was needed.
• Accepted the 2026 Annual Commission Attendance and Meeting Frequency Report.
• Approved a $150,000 public art contract with Adrien Segal for two habitat-structure vertical sculptures at the Santa Fe Trackbed parks.
• Amended Contract No. 32500002 with Community Initiatives | Live Free USA, adding $257,548 in Byrne State Crisis Intervention Program funding, bringing the total not-to-exceed amount to $2,874,768, and extending the term through December 31, 2027.
• Approved planned bid solicitations and requests for proposals totaling $750,000.
• Approved a $197,642 piggyback contract with Insight Public Sector, Inc. dba Aurelian for non-emergency call-taking software.
• Amended Contract No. 104289-1 with Jackson & Coker for locum tenens psychiatrists, adding $400,000 for a total not to exceed $1,814,480.
• Item 9, recruitment services contracts, was removed by the City Manager.
• Accepted two $3,400 memorial bench donations at the Berkeley Marina.
• Authorized a SAVE grant application for abandoned vessel removal, with $95,000 in revenue and a $5,000 local match.
• Accepted a $200,000 California Office of Traffic Safety Selective Traffic Enforcement Program grant.
• Authorized a Caltrans HSIP Cycle-13 grant application for safety improvements at 30 signalized intersections on Shattuck Avenue, University Avenue, Bancroft Way, and Oxford Street.
• Authorized a project-specific maintenance agreement with Caltrans for the San Pablo Avenue Safety Enhancements Project.
• Amended the SCS Engineers landfill post-closure contract by $1,600,000, for a total not to exceed $5,678,022.
• Amended the POSM Software LLC contract by $40,000, for a total not to exceed $88,650, on a sole-source basis.
• Approved first reading of an ordinance vacating and transferring four small parcels adjacent to the North Berkeley BART TOD site to BART.
• Approved a $515,636.69 purchase order for a CCTV sewer inspection system in a city-owned electric van.
• Adopted companion report 20B, referring development of Public Right-of-Way Accessibility Guidelines compliance provisions to the City Manager with input from the Commission on Disability.
• Adopted the resolution re-naming the park at the northern end of the Berkeley Waterfront as Si Se Puede Park.
• Removed companion report 22B and referred item 22A, amendments to special events ordinances, to the Agenda and Rules Committee for future scheduling.
• Adopted companion report 23B directing the City Manager to develop enforceable mechanisms for Berkeley Green Code compliance.
• Adopted companion report 24B, approving first reading of an ordinance amending BMC Chapter 12.32 on waste storage, collection, and disposal.
• Adopted an ordinance amending BMC Chapter 7.18 to require competitive solicitation for professional and other service contracts over $100,000, and to require quarterly Council reporting on legal services contracts.
• Approved Councilmember Bartlett's resolutions for the South Berkeley Flea Market fall festival and the Harriet Tubman Terrace Bay Cruise lunch, with contributions from multiple Council office budgets.
• Appointed Charles 'Court' Jackson and Hong-Sze Yu to the Board of Library Trustees for four-year terms beginning November 4, 2026.

Public Comments & Testimony

• During non-agenda public comment, speakers raised a wide range of concerns. One resident and property owner asked for a public statement before the election about a rumored resignation in the Fire Department. A representative of BCVI supported extending a contract through December. A Live Free representative thanked the Council for a $200,000 allocation, invited the public to a November 7 fundraiser, and said the organization wants to remain part of Berkeley's public safety work. A Bear Healthcare representative said deteriorated conditions on Grayson Street were causing vendors to refuse to use the road and asked the Council to address safety issues. Another speaker described people who work in Berkeley while experiencing homelessness and urged the Council to consider individual circumstances rather than broad bans. A speaker expressed concern about the Ashby and MLK crosswalk design, saying it was confusing and distracting for drivers. A parent spoke in favor of an encampment buffer zone around licensed preschools and daycares and urged passage at the November 17 special session. Another speaker opposed the buffer zone policy as a reactionary homeless policy that would divide the community, limit available camping space, and fail to accommodate disabled people. Another speaker expressed concern about the closure of Bonita House and asked the Council to remember seniors, disabled people, and women.
• During consent calendar public comment, multiple speakers supported the Si Se Puede Park renaming, describing the community process and the farm worker movement history. One speaker, Martin Nicolaus, cautioned that the phrase is a federally registered trademark of the United Farm Workers and said he had been told as recently as the day before the meeting that no written consent agreement existed with the City. Councilmembers responded that the City would have conversations with the UFW and return to Council if issues could not be resolved. Zero Waste Commission members and the Ecology Center supported items 21 through 24 and offered procurement recommendations for item 25, including contract length flexibility. Commission on Disability Chair Rena Fisher supported the PROWAG work but said complaint-driven enforcement is insufficient, that six to eight months to write contract language is too long, and that boilerplate PROWAG language should be prioritized in city contracts. Several commenters opposed the Westlaw sanctuary waiver, with one saying the City should not contract with a company that also serves immigration enforcement. Dr. Monique Allen of Community Services United thanked the Council for supporting the Berkeley Flea Market event, and the new Library Director thanked the Council for the library trustee appointments.
• On the Ashby BART East Lot action item, a representative of Satellite Affordable Housing Associates said the team was honored by the selection and excited to bring affordable rental and homeownership opportunities to South Berkeley. A self-identified SAHA tenant raised concerns about code enforcement violations, fire department violations, lawsuits, and maintenance problems at SAHA properties, and asked whether these had been considered. Another commenter, Maria Sol, said SAHA has housed grateful people but asked for more dialogue and attention to safety issues.

Discussion Items

• The City Manager and Housing, Health, and Community Services staff presented the recommendation for the Ashby BART East Lot Transit Oriented Development. The 1.9-acre site, bounded by Adeline Street, Tremont Street, and Woolsey Street, will become City property through a land exchange with BART. Staff described a nearly nine-year community process beginning in 2018 with AB 2923 and Berkeley's Measure O affordable housing bond, which allocated $56 million in Measure O and housing trust funds to the Ashby and North Berkeley BART sites, including about $8 million for the Ashby East Lot. The RFP was released in April 2026, six proposals were received, two teams were shortlisted, and a public finalist presentation was held on October 1, 2026. The evaluation panel recommended the SAHA Team, led by Satellite Affordable Housing Associates, with Habitat for Humanity East Bay/Silicon Valley and Deborah D. Matthews Consulting. The SAHA Team proposed a 100 percent affordable project: one multifamily rental building and 12 affordable for-sale townhomes, with a total of 341 bedrooms, rental affordability capped at 60 percent of area median income, for-sale homes up to 80 percent of area median income, a 25 percent set-aside for residents with disabilities, and a reparative framework including local hiring and historical education. The Related California/Kelsey team also proposed a 100 percent affordable project and was recommended as a backup developer. Staff recommended authorizing an Exclusive Negotiating Rights Agreement with the SAHA Team, a backup ENRA with the Related Team, and a $1 million predevelopment loan from Affordable Housing Mitigation Fees. The earliest anticipated construction closing was stated as December 2031.
• Councilmembers expressed strong support. Councilmember Bartlett described the project as an important step toward repairing the displacement of Black residents and businesses caused by BART construction, while noting that replacing homes with apartments is not full repair. Councilmember Tregub recalled his work on the Measure O committee and the allocation of $8 million to this site. Councilmember Blackaby highlighted the proposal's 341 bedrooms, 100 percent affordability, 25 percent disability set-aside, and 12 affordable ownership units. Councilmember Kesarwani thanked staff and praised the inclusion of homeownership. Other Councilmembers echoed gratitude and support.

Information Reports

• City Auditor Jenny Wong reported on Item 31, the Audit Status Report on the 2009 Leases Audit Follow-Up. She noted that Public Works had partly implemented a recommendation to identify new property management software, with implementation estimated in three months, but that seven of eight recommendations had no change in status. She said she expected a complete central inventory of city leases by fall 2027. Councilmember Blackaby commented that the City administers at least 66 leases and needs centralized management.

Key Outcomes

• The consent calendar was approved unanimously, including the urgency item opposing the proposed census rule, item 20B, item 23B, item 24B, and all listed contracts, donations, grants, appointments, and re-naming resolutions. Item 22A was referred to the Agenda and Rules Committee for future scheduling.
• The Council unanimously approved the two resolutions for the Ashby BART East Lot: authorizing the City Manager to enter into an ENRA with the SAHA Team, authorizing a backup ENRA with the Related Team, and reserving $1 million in Affordable Housing Mitigation Fees for predevelopment activities, with Housing Trust Fund Guidelines applied.
• The Council approved the procurement reform ordinance requiring competitive solicitation for service contracts over $100,000, with further regulations to be developed by the City Manager and the City Attorney's Office.
• The Council directed the City Manager to continue PROWAG implementation with the Commission on Disability and to develop enforceable Berkeley Green Code compliance mechanisms.
• The meeting adjourned after the final roll call.