February 9, 2026 · City Council
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EXPOSURE TO LITIGATION (Gov. Code § 54956.9, subd. (d)(2), (e)(2)) Number of potential cases: 1 The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff and that pertain to potential employment-related claims by the potential plaintiff against the City.
SECTION 54956.9(d)(1): a. Menda v John Sanford-Leffingwell et al., Alameda County Superior Court Case No. 23CV025532 b. Pitts v. City of Berkeley, et al., Alameda County Superior Court, Case No. 25CV151416
GOVERNMENT CODE SECTION 54956.9(d)(1) / INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) a. Joseph v. TAK BROADBAND CA, LLC et al., Alameda County Superior Court Case No. 25CV149327 b. Berkeley Homeless Union et al v. City of Berkeley et al., U.S.D.C. N.D. Cal. Case 3:25-cv- 01414-EMC OPEN SESSION: Public Reports of actions taken pursuant to Government Code section 54957.1. Adjournment Monday, February 9, 2026 AGENDA Page 2 I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on February 5, 2026. /s/ Adena Ishii, Mayor Public Notice – this Proclamation serves as the official agenda for this meeting. ATTEST: Mark Numainville, City Clerk NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal: https://records.cityofberkeley.info/. COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at ada@berkeleyca.gov, (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date. Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs. If you have obtained interpretation services for your use during a City Council meeting and would like to request assistance, please contact the City Clerk Department at (510) 981-6900, clerk@berkeleyca.gov, or in-person during the meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900 or by email at clerk@berkeleyca.gov. Monday, February 9, 2026 AGENDA Page 3