Agenda packet, first session — Berkeley City Council, February 28, 2023 (part 2 of 3)

I
117TH CONGRESS
2D SESSION H. R. 8040
To reduce the amount authorized to be appropriated for the Department of Defense for fiscal year 2023, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2022
Ms. LEE of California (for herself, Mr. P OCAN, Mr. G RIJALVA, Ms. J AYAPAL, Ms. N ORTON, Ms. S CHAKOWSKY, Mr. B LUMENAUER, Mr. M CGOVERN, Mrs. W ATSON COLEMAN, and Ms. O MAR) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To reduce the amount authorized to be appropriated for
the Department of Defense for fiscal year 2023, and
for other purposes.

Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘People Over Pentagon 4
Act of 2022’’. 5
SEC. 2. SENSE OF CONGRESS. 6
It is the sense of Congress that— 7
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2 •HR 8040 IH
(1) many of the most urgent threats to the na-1
tional security of the United States are not military 2 in nature; 3
(2) the Federal budget should reflect the na-4
tional priorities of the United States; and 5
(3) in order to better protect the security of all 6
people and address the national priorities of the 7
United States, the budget of the Department of De-8
fense should be reduced and the associated savings 9
should be reallocated. 10
SEC. 3. REDUCTION IN AMOUNTS AUTHORIZED TO BE AP-11
PROPRIATED FOR THE DEPARTMENT OF DE-12
FENSE FOR FISCAL YEAR 2023. 13
(a) IN GENERAL.—The amount authorized to be ap-14
propriated for the Department of Defense for 2023 is— 15 (1) the aggregate amount appropriated for the 16
Department of Defense for fiscal year 2022 in divi-17
sion C of the Consolidated Appropriations Act, 2022 18
(Public Law 117–103), reduced by 19
(2) $100,000,000,000. 20
(b) F UNDING FOR CERTAIN ACCOUNTS.—The 21
amount authorized to be appropriated for each of the fol-22 lowing accounts of the Department of Defense shall be the 23 amount authorized to be appropriated for such account 24 for fiscal year 2022: 25
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3 •HR 8040 IH
(1) The Defense Health Program. 1
(2) Each military personnel account. 2
(3) Each account providing for pay and benefits 3
for persons appointed into the civil service as defined 4 in section 2101 of title 5, United States Code. 5
(c) A PPLICATION OF FUNDING CUTS.—In reducing 6
funding for Department of Defense programs in accord-7
ance with subsection (a), the Secretary of Defense shall 8 take into consideration the findings and recommendations 9 contained in the Congressional Budget Office report enti-10 tled ‘‘Illustrative Options for National Defense Under a 11 Smaller Defense Budget’’ and dated October 2021. 12
Æ
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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 ● E-Mail:

[email protected]

CONSENT CALENDAR
February 28, 2023

To: Honorable Mayor and Members of the City Council
From: Councilmember Rigel Robinson (author), Councilmember Mark Humbert (co-sponsor), Councilmember Sophie Hahn (co-sponsor), & Councilmember Kate Harrison (co-sponsor)
Subject: Referral: Creation of an Intersection Daylighting Policy

RECOMMENDATION
Refer to the City Manager to develop a comprehensive intersection daylighting policy and make recommendations about the implementation of a citywide intersection daylighting program.

Staff should consider criteria for identifying priority areas for daylighting such as high- injury streets, streets and intersections with especially high pedestrian traffic, commercial districts, and streets near schools and colleges. Staff should seek input and feedback on the development of such a policy and program from the Transportation & Infrastructure Commission, and other relevant commissions.

BACKGROUND
Pedestrian safety is a priority of the City of Berkeley. The City of Berkeley adopted its Pedestrian Plan in 2020, highlighting community member feedback where many residents identified “unsafe or uncomfortable crossing conditions” across the city.1 According to the Pedestrian Plan, of the 1,071 total collisions involving pedestrians in Berkeley between 2008 and 2017, 10 were fatal (1 percent) and 79 led to a severe injury (7 percent).2 Additionally, the City of Berkeley has approved the Vision Zero Action Plan, which aims for zero traffic fatalities and severe injuries. Berkeley’s Vision Zero Annual Report (2020-2021) prioritizes “quick-builds,” where easy solutions such as painting or posting signs can help increase safety.3 This work is guided by the belief and conviction that every collision is preventable; through effective street redesign, we can avoid any more unnecessary fatalities and injuries.
1 Pedestrian Plan. (2021, January 26). City of Berkeley. Page ES-4 2 Pedestrian Plan. Page ES-6 https://berkeleyca.gov/your-government/our-work/adopted- plans/pedestrian-plan-2020
3 Vision Zero Action Plan. (2019, March 10). City of Berkeley. https://berkeleyca.gov/your- government/our-work/adopted-plans/vision-zero-action-plan

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Creation of an Intersection Daylighting Policy CONSENT CALENDAR February 28, 2023

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Despite our wealth of forward-thinking planning documents, the physical infrastructure in Berkeley has not kept up with our ambition. We have a long way to go before our streets are truly safe and before we have achieved the goal of eliminating traffic injuries and deaths in Berkeley. There are a variety of barriers to this work, namely costs and staff capacity. Thus, strategies and projects that maximize pedestrian safety impact with minimum infrastructure or staffing costs are ideal for near-term focus.

Intersection daylighting is an effective—yet cheap and straightforward—way to improve pedestrian safety. Daylighting operates primarily by preventing drivers from parking in the spaces directly before an intersection, thus increasing visibility and improving sight- lines for drivers, helping drivers and pedestrians make eye contact.

According to the National Association of City Transportation Officials (NACTO), 20-25 feet of curb space leading up to an intersection should be daylighted to maximize safety. This diagram from NACTO shows how the implementation of daylighting increases visibility of the entire crosswalk for drivers approaching the intersection. For pedestrians, daylighting means that they don’t have to venture into the intersection and peek around parked cars to see if they have a clear path to cross—which is especially dangerous for people using wheelchairs. For drivers, this means they can see pedestrians before they arrive at the crosswalk and have more time to slow down.4 Sight lines before and after daylighting (Source: NACTO) Similar Examples Implemented by Other Jurisdictions
Hoboken, New Jersey became a Vision Zero city and has since implemented safer pedestrian facilities across the city. As of June 2022, Hoboken, New Jersey hasn’t had a traffic death in four years. According to Ryan Sharp, Hoboken’s Director of Transportation and Parking, daylighting is one of the most impactful tools that Hoboken has used to make its streets less deadly.5 Interestingly enough, New Jersey law already 4 NACTO
5 Robbins, C. (2022, June 17). Hoboken Hasn’t Had a Traffic Death in 4 Years. What’s Right? Curbed. https://www.curbed.com/2022/06/hoboken-traffic-deaths-none-vision-zero-streets.html

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Creation of an Intersection Daylighting Policy CONSENT CALENDAR February 28, 2023

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prohibits any driver from parking within 25 feet of a crosswalk. Hoboken’s progress has in part been due to their enthusiasm in actually enforcing the state rule.

Daylighted intersections in Hoboken, NJ
At each daylighted intersection, a parking space is removed in place of hatched paint markings and/or delineators (flexible posts). In certain cases, Hoboken implements hardscape improvements like curb extensions to further improve its daylight intersections, especially on major corridors. But usually, paint is sufficient to daylight an intersection. This makes daylighting perhaps the most cost-effective pedestrian safety facility we have at our disposal. The 2020 Berkeley Pedestrian Plan estimates the cost per intersection approach of adding red curb paint at $500, or $2,000 per intersection.6 Adding hatched paint markings and/or delineators may cost more but, without hardscape changes, costs should remain low.

San Francisco has also implemented a comprehensive daylighting plan, defining daylighting as a minimum of 10 feet of red curb before an intersection. In accordance with its Vision Zero plan, San Francisco has committed to daylighting all the streets in the High Injury Network (13% of streets that account for 75% of severe and fatal crashes). As a result, they saw 14% fewer collisions and 50% of pedestrians reported feeling safer.7
The importance of daylighting as a traffic safety measure has also resulted in statewide attention—and may soon result in statewide action. On February 2, 2023, California State Assemblymember Alex Lee introduced AB 413, legislation that would prohibit parking within 20 feet of crosswalks throughout the state.8 By passing its own 6 Pedestrian Plan. (2021, January 26). City of Berkeley. Page 64 https://berkeleyca.gov/your- government/our-work/adopted-plans/pedestrian-plan-2020
7 Anzilotti, E. (2021, November 4). Daylighting [Text]. SFMTA; San Francisco Municipal Transportation Agency. https://www.sfmta.com/getting-around/walk/daylighting 8 “AB 413.” n.d. California Legislative Information. Accessed February 3, 2023. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB413.

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daylighting policy, Berkeley can become a leader on this important issue and, if necessary, staff can work to adapt to any potential state policy changes.

CURRENT SITUATION AND ITS EFFECTS
The 2020 Berkeley Pedestrian Plan recommends red curbs at intersections to improve sightlines.9 However, daylighted intersections are rare in the city and are most often found where new complete streets projects have included them. In other words, while the Pedestrian Plan recommends it as a treatment to improve safety at intersections, there is not currently a systematic effort to daylight intersections broadly across the city.

This maintains the status quo of dangerous intersection crossings.

This item suggests that staff develop an Intersection Daylighting Policy, so that consistent standards for sightlines and red curb and hatched paint buffers can be applied to intersections across the city. Additionally, this item suggests that staff develop a program to daylight intersections across the city, independent from ongoing complete streets and repaving projects. With simple materials such as paint and bollards, the city ought to be able to have a positive effect on a significant quantity of intersections quickly and affordably.

The majority of pedestrian collisions in Berkeley occur at intersections. The intersections in Berkeley with the highest number of collisions were generally located around downtown, south of the UC Berkeley campus, and along major arterials, such as Ashby Avenue, San Pablo Avenue, Shattuck Avenue, and University Avenue. The Pedestrian Plan also identified four key intersections with the highest pedestrian volumes. Each of these intersections is located in Berkeley’s downtown core: Kala Bagai Way at Addison Street, Shattuck Avenue at Addison Street, Shattuck Avenue at Center Street and Shattuck Avenue at Allston Way.10
Staff Considerations
Modeling policy on Hoboken’s successful citywide daylighting efforts, staff should create a program that standardizes daylighting as a best practice across the city and directs resources to daylighting. Staff may consider prioritizing intersections on High-Injury Streets as identified in the city’s 2019 Vision Zero Action Plan,11 in addition to streets and intersections with especially high pedestrian traffic, those on commercial corridors, 9 https://berkeleyca.gov/sites/default/files/2022-01/2020-Pedestrian-Plan.pdf (page 34) 10 Pedestrian Plan. (2021, January 26). City of Berkeley. https://berkeleyca.gov/your-government/our- work/adopted-plans/pedestrian-plan-2020
11 https://berkeleyca.gov/sites/default/files/2022-02/Berkeley-Vision-Zero-Action-Plan.pdf

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Creation of an Intersection Daylighting Policy CONSENT CALENDAR February 28, 2023

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or those near schools and colleges.

Map of high-injury streets and areas near schools in Berkeley (for visualization only; not a proposal)12 Due to the low fiscal cost and high safety return of daylighting, this program should function differently from complete streets construction. Complete streets projects are often implemented only once a street is repaved, but this would needlessly delay daylighting—a facility that can be as simple to implement as red curb paint.

While red curb paint is technically a sufficient regulatory signal to drivers that parking is not permitted, staff may explore other more visible designs, including hatched markings and delineators like those used at intersections in Hoboken. Hoboken’s daylighted intersections consist of hatched markings and/or delineators that prevent drivers from parking in former corner parking spaces.

In addition to these “quick build” measures, staff should continue to prioritize daylighting and curb extension facilities in complete streets projects to maximize visibility and improve pedestrian safety. While most intersections in the city could benefit from just paint and delineators, hardscape improvements should be implemented at intersections on streets that are already being reconstructed.
12 Map created by Sam Greenberg. Data sources: MTC, City of Berkeley, City of Berkeley Vision Zero Action Plan (2019), California Department of Education, OpenStreetMap

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Creation of an Intersection Daylighting Policy CONSENT CALENDAR February 28, 2023

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FINANCIAL IMPLICATIONS
In metered areas, the city receives revenue from parking meters and residential parking permits (RPPs). Removing parking spaces for daylighting may reduce parking meter revenue and RPP participation.

Staff should also consider if there are regional funding opportunities that could support a city daylighting program, such as One Bay Area Grants (OBAG) administered by the Metropolitan Transportation Commission, in addition to the Highway Safety Improvement Program (HSIP) administered by Caltrans, Alameda County Measure B/BB funds, and Alameda County Measure F funds.

Staff should consider what level of funding would be necessary to deliver a successful and effective daylighting program. This item does not refer funding to the budget process at this time, as this project is unlikely to be able to be initiated during the next fiscal year due to staffing constraints.

CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Sam Greenberg, Legislative Assistant

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: ZAB Appeal: 1262 Francisco Street, Administrative Use Permit #ZP2021- 0006

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit ZP#2021-0006, to modify Administrative Use Permit ZP#2020-0122, to add 40 square feet on the first floor and a balcony on the second floor of an existing single-family dwelling unit.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On October 27, 2020, Sunny Grewal (Architect) submitted an application for an Administrative Use Permit (AUP, #ZP2020-0122) for a major residential addition to an existing single-family dwelling unit.

On November 18, 2020, after two rounds of comments from staff, the application was deemed complete.

On January 5, 2021, a Notice of Administrative Decision approving the application was issued by the Zoning Officer, which established a 20-day appeal period. No appeals were submitted and the AUP went into effect on January 25, 2021.

On February 5, 2021, Sunny Grewal submitted an application for an AUP Modification (#ZP2021-0006) to add 40 square feet on the first floor and a balcony on the second floor of the existing single-family dwelling unit.

On June 28, 2022, after several rounds of comments from staff, the application was deemed complete.

On August 3, 2022, a Notice of Administrative Decision approving the AUP application was issued by the Zoning Officer, which established a 20-day appeal period.

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ZAB Appeal: 1262 Francisco Street PUBLIC HEARING
February 28, 2023

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On August 4 and 23, 2022, Aimee Baldwin and John Vinopal, neighbors at 1256 Francisco Street, filed appeals of the Zoning Officer’s decision to the Zoning Adjustments Board (ZAB).

On September 29, 2022, staff posted the public hearing notice near the site and mailed notices to property owners and occupants within 300 feet of the project site and to all registered neighborhood groups that cover this area.

On October 13, 2022, the ZAB conducted a public hearing for the appeal of the Zoning Officer’s decision. After considering the staff report and administrative record, and hearing comments from the applicant, property owner (1262 Francisco Street), and appellants, the ZAB added Condition of Approval #11 to include a permanently affixed privacy screen located along the western portion of the balcony between the subject properties, 1262 Francisco Street and 1256 Francisco Street. The ZAB then upheld the Zoning Officer’s decision to approve the AUP by a unanimous vote (Yes: Duffy, Gaffney, Kim, Matthew, O’Keefe, Thompson, Tregub, and Sanderson; No: None; Abstain: None; Absent: None).

On October 26, 2022, staff issued the notice of the ZAB decision, which established a 14-day appeal period.

On November 11, 2022, John Vinopal, the neighbor at 1256 Francisco Street, filed an appeal of the ZAB decision with the City Clerk.

On February 14, 2023, staff posted the public hearing notices near the site and mailed notices to property owners and occupants within 300 feet of the project site and to all registered neighborhood groups that cover this area. This public hearing is required to resolve the appeal.

BACKGROUND
The project modifies Administrative Use Permit ZP#2020-0122 by adding 40 square feet on the first floor and a balcony on the second floor of an existing single-family dwelling unit at 1262 Francisco Street. The original project proposed a 717 square foot addition to an existing 1,518 square foot dwelling. The addition resulted in one new bedroom and expansion of the common spaces on the first floor, and a new primary bedroom suite on the second floor. The original project was consistent with all applicable development standards. After the Notice of Decision was issued on January 5, 2021, no appeals were filed.

Subsequent to the approval of AUP ZP#2020-0122, the applicant submitted an application to modify the AUP. The revised project proposes a minor addition along the southeastern portion of the first floor and a 108 square foot balcony along the southwest portion of the second floor, accessed from the primary bedroom. Paralleling the adjacent residence to the west (1256 Francisco Street), the balcony design included a six-foot privacy screen. The proposed balcony would not result in additional habitable

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ZAB Appeal: 1262 Francisco Street PUBLIC HEARING
February 28, 2023

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floor area and is located atop the roof of the expanded first floor. Both modifications are consistent with underlying development standards (an AUP is required for a residential addition over 14 feet in height).

Two appeals were filed by the immediate neighbors to the west. Appeal issues included concerns about potential impacts to view, noise, and privacy. Several other issues were raised in the appeals outside of the purview of the ZAB, including the character and intent of the applicant. In the October 13, 2022 staff report for the appeal, staff addressed the appeal issues raised, noting that the proposed modifications would not result in the obstruction of significant views in the neighborhood as defined in BMC Section 23.502 and that regulating activity on the residential balcony on the basis of noise is not within the purview of the Zoning Ordinance. Staff recommended that ZAB dismiss the appeal and approve the project with the added condition that the project permanently maintain a screen along the balcony between the two properties to mitigate potential privacy impacts (COA#11).

At the October 13, 2022 hearing, ZAB members had substantive discussion regarding one of the three appeal points – privacy. To mitigate the potential privacy impacts of the project, ZAB discussed the location of the balcony and the quality of the proposed privacy screen. After agreeing to maintain the proposed location of the balcony, ZAB amended a condition to include language that ensures how the permanent screen will be attached to the balcony for the life of the project and upheld the Zoning Officer’s decision to approve the AUP.

For additional project background, please see Attachment 3, the October staff report to ZAB for this project.

RATIONALE FOR RECOMMENDATION
The neighbors filed an appeal of the ZAB’s decision during the 14-day appeal period.

The issues raised in the appellant’s letter, and staff’s responses, are as follows. For the sake of brevity, the appeal issues are not re-stated in their entirety; refer to the appeal letter (Attachment 2) for full text. The issues raised do not discuss specific components of the project, but take issue with City processes.

Issue 1: Ex-Parte Disclosure [p. 1 of attached appeal letter] The appellant asserts that the ZAB Acting-Chair Shoshanna O’Keefe failed to disclose ex-parte communication with the applicant. The appellant asserts that a personal relationship exists between the applicant and Chairperson O’Keefe and that the subject parties communicated through a proxy at one point during the review period of the AUP.

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ZAB Appeal: 1262 Francisco Street PUBLIC HEARING
February 28, 2023

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Response 1: As stated in the Berkeley Commissioners’ Manual 1, public hearings are subject to minimum standards of receiving testimony. This may include, but are not limited to, disclosure of ex-parte communications by the commission, receipt of any relevant documentation, and recusal for a conflict of interest. Per the commissioners’ manual, ex-parte contacts include “any contact between a commissioner and a person that is a party to the public hearing regarding the subject matter of the hearing.” The parties involved in the subject appeal include 1) John Vinopal (appellant) and 2) Jonathan Miller and Sunny Grewal (applicants). A friend who is not authorized to act on the application is not considered a party in the subject application. Therefore, any communication with a friend of one of the mentioned parities would not constitute disclosure of ex-parte communications or require recusal from the matter.

Issue 2: Character of Applicant [p. 2 of attached appeal letter] The appellant describes the character of the applicant throughout the project review process. The central issues discussed herein are outside of the purview of zoning review.

Response 2: As described above, after the application to modify the AUP was received (ZP#2021-0006), several rounds of corrections followed, requiring the applicant to clarify aspects of the project. Once staff received all the necessary information to make a recommendation, the project was deemed complete. The described review process is standard for all zoning permit applications. Inaccuracies that were referenced are commonly corrected through an iterative review process.

The ZAB acted on the basis of the final design and the required findings as set forth in the zoning ordinance.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The project approved by the ZAB is in compliance with all state and local environmental requirements.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC 23.410.040(G)(2), the Council may (1) continue the public hearing, (2) reverse, affirm, or modify the ZAB’s decision, or (3) remand the matter to the ZAB.

Action Deadline:

Pursuant to BMC Section 23.410.040(I) if the disposition of the appeal has not been determined within 30 days from the date the public hearing was closed by the Council (not including Council recess), then the decision of the Board shall be deemed affirmed and the appeal shall be deemed denied.
1 Berkeley Commissioners Manual https://berkeleyca.gov/sites/default/files/2022-03/Commissioners-Manual.pdf

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ZAB Appeal: 1262 Francisco Street PUBLIC HEARING
February 28, 2023

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CONTACT PERSONS
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Steven Buckley, Land Use Planning Manager, (510) 981-7411 Katrina Lapira, Project Planner, (510) 981-7488
Attachments:
1: Resolution
Exhibit A: Findings and Conditions
Exhibit B: Project Plans dated July 21, 2022
2: Appeal Letter dated November 11, 2022
3: ZAB Staff Report, dated October 13, 2022
4: Index to Administrative Record
5: Administrative Record
6: Public Hearing Notice

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RESOLUTION NO. ##,###-N.S.

AFFIRMING THE ZONING ADJUSTMENTS BOARD’S APPROVAL OF
ADMINISTRATIVE USE PERMIT # ZP2021-0006 TO MODIFY ADMINISTRATIVE USE PERMIT ZP#2020-0122 TO ADD 40 SQUARE FEET ON THE FIRST FLOOR AND A

BALCONY ON THE SECOND FLOOR OF AN EXISTING SINGLE-FAMILY DWELLING UNIT IN THE RESTRICTED TWO-FAMILY RESIDENTIAL DISTRICT (R-2) ZONING

DISTRICT AND DISMISSING THE APPEAL
On February 5, 2021, Sunny Grewal submitted an application for an AUP Modification (#ZP2021-0006) to add 40 square feet on the first floor and a balcony on the second floor of the existing single-family dwelling unit.

On June 28, 2022, after several rounds of comments from staff, the application was deemed complete.

On August 3, 2022, a Notice of Administrative Decision approving the AUP application was issued by the Zoning Officer, which established a 20-day appeal period.

On August 4 and 23, 2022, Aimee Baldwin and John Vinopal, neighbors at 1256 Francisco Street, filed appeals of the Zoning Officer’s decision to the Zoning Adjustments Board (ZAB).

On October 26, 2022, staff issued the notice of the ZAB decision, which established a 14-day appeal period.

On November 11, 2022, John Vinopal, the neighbor at 1256 Francisco Street, filed an appeal of the ZAB decision with the City Clerk.

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On or before February 14, 2023, staff posted the public hearing notices near the site and mailed notices to property owners and occupants within 300 feet of the project site and to all registered neighborhood groups that cover this area.

WHEREAS, on February 28, 2023, the Council held a public hearing to consider the ZAB’s decision, and, in the opinion of this Council, the facts stated in, or ascertainable from the public record, including comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby adopts the findings made by the ZAB in Exhibit A, affirms the decision of the ZAB to approve Administrative Use Permit #ZP2021-0006, adopts the conditions in Exhibit A and the project plans in Exhibit B, and dismisses the appeal.

Exhibits
A: Findings and Conditions
B: Project Plans dated July 21, 2022

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Attachmen t 1,
Exhibit A
Findings and Condition s
A UGUST 3, 2022
1947 Center Street, 2nd Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1262 Francisco Street
Administrative Use Permit #ZP2021-000
6 Modification of Administrative Use Permit #ZP2020-012 2 to add 40 square
feet on the first floor and a balcony on the second floor.

PERMITS REQUIRED
• Administrative Use Permit pursuant to Berkeley Municipal Code (BMC) Section

23.202.080(D) for an addition greater than 14 feet in height.

CEQA FINDINGS

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to CEQA Guidelines Section 153 301 (“Existing Facilities).

2. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows:
(a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not affect any historical
resource.

FINDINGS FOR APPROVAL

3. As required by BMC Section 23.406.030(F), the project, under the circumstances o f this particular case existing at the time at which the application is granted, would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City because:

A. The subject property complies with the BMC Section 23D.2 02.080(D ) (R-2 Restricted
Two-Family Residential District Development Standards) for maximum residential density (one dwelling unit on the lot where two dwelling units are allowed for a lot of this size), maximum lot coverage (29.5 percent lot coverage where the maximum allowed is 40 percent), and usable open space (over 1,000 sq uare feet where a minimum of 400 square feet is required per dwelling unit). There is a permitted Accessory Dwelling Unit located at the rear of subject lot. Additionally, a minor accessory structure- a tool shed

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1262 Francisco Street NOTICE OF ADMINISTRATIVE DECISION - Findings and Conditions

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\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address \Francisco\1262\ZP2021-0006 - APPEAL - See PLN2022-0070 and 0074\PLN2022- 0070\DOCUMENT FINALS\2022-08-03_APFC__1262 Francisco - Amended.docx (non-habitable space) that is less than 120 square feet, is located along western property line, that is proposed to remain.

B. An average height of 21 feet-3 inches was approved under #ZP2020- 0122. The modification to allow a second story balcony will not increase the average height of the dwelling beyond that approval.

C. The site complies with the following required setbacks: left side setback is 9 feet-6 inches and the right-side setback is 4 feet-7 inches where 4 feet is required, and the rear setback is 57 feet-11 inches where 20 feet is required. The existing front setback is legally nonconforming, providing 16 feet-6 inches where 20 feet is required. The modifications to extend the walls of the addition approved under #ZP2020- 0122 are outside of all required setbacks.

D. The modification on the first floor does not propose new openings different those that were approved under the previous administrative use permit, although one window will be located closer to the east lot line, and are not expected to be detrimental to the privacy of abutting neighbors.

E. The proposed balcony at the second- story level is accessed through the primary bedroom, and setback 8 feet-8 inches from the western property line and over 20 feet from the eastern property line. The proposed balcony parallels an existing second floor bedroom at 1256 Francisco Street. To mitigate potential impacts to privacy, a privacy screen is proposed along the west side of the balcony.

4. Pursuant to BMC Section 23.202.030(A)(2)(a), the Zoning Officer finds that the proposed modifications would not unreasonably obstruct sunlight, air, or views for the following reasons:

A. Sunlight: The proposed modifications to the previously approved project under #ZP2020-0122 will not further increase shadow impacts on the surrounding neighborhood dwellings.

B. Air: The 40- square-foot addition to the east side of office (bedroom four) will slightly reduce the distance from the east neighbor (1266 Francisco), but exceeds the required left side setback. Therefore, there will be no impacts to air circulation.

C. Views: The modifications would not result in obstruction of significant views in the neighborhood as defined in BMC Section 23.502 (Glossary) . In addition, this area is generally flat and developed with one- and two-story residences that filter or obscure most views that may be available of the Berkeley Hills or the Golden Gate Bridge from off-site view angles.

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STANDARD CONDITIONS

The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions’.

Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Compliance Required (BMC Section 23.102.050)
All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections 23.404.060.B.1 and 2)
A. This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

B. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reest ablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060.B.4) All work performed under an approved permit shall be in compliance with the approved plans and any conditions of approval

5. Exercise and Expiration of Permits (BMC Section 23.404.060.C) A. A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

B. A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

C. The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certification).

D. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

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6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060.D) Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

7. Permit Modifications (BMC Section 23.404.070)
No change in the use or structure for which this Permit is issued is permitted unless the Permit is issued is permitted unless approved by the review authority which originally approved the permit. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080)
The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy. Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

ADDITIONAL CONDIT

IONS IMPOSED BY THE ZONING OFFICER
Pursuant to BMC Section 23.404.050(H), the Zoning Officer attaches the following additional conditions to this Permit:

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10. Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response and submit written reports of such complaints and actions to the project planner on a weekly basis. Please designate the name of this individual below:
□ Project Liaison
Name Pho ne #

11. Privacy Screen. As shown on Sheet A3.1 of the approved plan set, the privacy screen located towards the western portion of the balcony shall be maintained for the life of the project.

Standard Construction-relat
ed Conditions Applicable to all Projects:

12. Transportation Construction Plan. The applicant and all persons associated with the project are hereby notified that a Transportation Construction Plan (TCP) is required for all phases of construction, particularly for the following activities:
• Alterations, closures, or blockages to sidewalks, pedestrian paths, or vehi cle travel lanes (including bicycle lanes);
• Storage of building materials, dumpsters, debris anywhere in the public ROW; • Provision of exclusive contractor parking on-street; or • Significant truck activity.

The applicant shall secure the City Traffic Engineer’s approval of a TCP. Please contact the Office of Transportation at 981 -7010, or 1947 Center Street, and ask to speak to a traffic engineer. In addition to other requirements of the Traffic Engineer, this plan shall include the locations of material and equipment storage, trailers, worker parking, a schedule of site operations that may block traffic, and provisions for traffic control. The TCP shall be consistent with any other requirements of the construction phase.

Contact the Permit Service Center (PSC) at 1947 Center Street or 981-7500 for details on
obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary, to protect the health, safety, or convenience of the surrounding neighborhood. A current copy of this Plan shall b e available at all times at the construction site for review by City Staff.

13. Construction activity shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, and between 9:00 a.m. and noon on Saturday. No construction- related activity shall occur on Sunday or on any Federal Holiday.

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14. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division and carry out any necessary corrective action to their satisfaction.

15. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

16. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one- eighth millimeter in thickness and secured to the ground.

17. All active construction areas shall be watered at least twice daily, and all piles of debris, soil, sand, or other loose materials shall be watered or covered.

18. Trucks hauling debris, soil, sand, or other loose materials shall be covered or required to maintain at least two feet of board.

19. Public streets shall be swept (preferably with water sweepers) of all visible soil material carried from the site.

20. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way.

21. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

22. Any construction during the wet season shall require submittal of a soils report with appropriate measures to minimize erosion and landslides, and the developer shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

23. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural
resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.

24. Archaeological Resources (Ong
oing throughout demolition, grading, and/or construction).

Pursuant to CEQA Guidelines S ection 15064.5(f), “provisions for historical or unique

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\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address \Francisco\1262\ZP2021-0006 - APPEAL - See PLN2022-0070 and 0074\PLN2022- 0070\DOCUMENT FINALS\2022-08-03_APFC__1262 Francisco - Amended.docx archaeological resources accidentally discovered during construction” should be instituted.

Therefore:

A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian, or paleontologist to assess the significance of the find.

B. If any f ind is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.

C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.

D. If a voidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.

E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.

25. Human Remains ( On
going throughout demolition, grading, and/or construction) . In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt, and the Alameda County Coroner shall be contacted to evaluate the remains and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1). If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50- foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and tim eframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

26. Paleontological Resources (Ongoi
ng throughout demolition, grading, and/or construction).

In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per S ociety of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the

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\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address \Francisco\1262\ZP2021-0006 - APPEAL - See PLN2022-0070 and 0074\PLN2022- 0070\DOCUMENT FINALS\2022-08-03_APFC__1262 Francisco - Amended.docx resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

Prior to Issuance of Occupancy Permit or Final Inspection:

27. All construction at the subject property shall substantially conform to the approved Use Permit drawings or to modifications approved by the Zoning Officer.

28. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated July 21, 2022.

At All Times (Operation):

29. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

30. Drainage Patterns. T
he applicant shall establish and maintain drainage patterns tha t do not adversely affect adjacent properties and rights -of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required.

_____________________________________
Prepar
ed by: Katrina Lapira
For Samantha Updegrave, Zoning Officer

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1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300

PROJECT SITE
N
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet Contents:

Sheet
These designs, drawings and specifications
are the property of Studio GS, Inc.. Any use in
part or in whole without the written permission
of Studio GS, Inc. is prohibited by law.
2022 by Studio GS, Inc.C
SSG
R
Project No:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
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MILLER RESIDENCE
AUP Modification
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Exp.12.31.2023E
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Revisions:

SITE PHOTOS
Street View
as noted
2019 California Building Code (CBC) Volume 1
2019 California Building Code (CBC) Volume 2
2019 California Residential Code (CRC)
2019 California Energy Code (CBEES
2019 California Green Building Standards Code (CALGreen) 2019 California Electrical Code (CEC)
2019 California Plumbing Code (CPC)
2019 California Mechanical Code (CMC)
This project shall conform to all the above codes and any local and state laws and regulations adopted by the City of Berkeley, CA.

SHEET INDEX
The proposed project includes a modification to an approved AUP (ZP2020-0122) for a second story addition
Components of the project include:

First floor:

Expand office (bedroom 4) by a 40 s.f. addition
Second floor:

Create new balcony at master suite
Add new patio doors to access balcony
Add new transom window above balcony
&a n d
@ at
perpen. perpendicular
# pound or number
(e) existing
(n) new
(r) renovated
a.f.f. above finished floor
acous. acoustical
adj. adjacent/ adjustable
alum. aluminum
approx. approximate
arch. architectural
asph. asphalt
bd. board
bldg. building
blk. block
blkg. blocking
bm. beam
bot. bottom
b.p. building paper
b/w between
cab. cabinet
cem. cement
cer. ceramic
cl. center line
clg. ceiling
clkg. caulking
c.o. cleanout
clo. closet
clr. clear
col. column
comp. composition
conc. concrete
constr. construction
cont. continuous
det. detail
d.f. douglas fir
dia. diameter
dim. dimension
dir. direction
disp. disposal
d.w. dishwasher
dr. door
drw. drawer
drg. drawing
drgs. drawings
e. east
ea. each
el. elevation
elec. electrical
encl. enclosure
eq. equal
eqpt. equipment
ext. exterior
f. frosted
f.d.c. fire dept. connection
fdn. foundation
fin. finish
fl. floor
flash. flashing
fluor. fluorescent
f.o.c. face of concrete
f.o.f. face of finish
f.o.s. face of studs
ft. foot or feet
ftg. footing
furn. furnace
g.a. gauge
gal gallon
g.s.m. galvanized sheet metal
gl. glass
gnd. ground
gr. grade
gyp. bd. gypsum board
h.b. hose bibb
hdwd. hardwood
h.f. hem fir
horiz. horizontal
hgt. height
i.d. inside diameter (dia.)
insul. insulation
int. interior
jt. joint
kit. kitchen
lav. lavatory
loc. location
lt. light
max. maximum
m.c. medicine cabinet
mech. mechanical
memb. membrane
mfr. manufacturer
min. minimum
mir. mirror
misc. miscellaneous
mtd. mounted
mtl. metal
n. north
nat. natural
nec. necessary
neo. neoprene
n.i.c. not in contract
no. number
nom. nominal
n.t.s. not to scale
o.a. overall
o.c. on center
o.d. outside diameter (dim.)
opng. opening
opp. opposite
pl. property line
p.lam. plastic laminate
plywd. plywood
pr. pair
p.s. plumbing stack
pt. point
p.t. pressure treated
ptd. painted
r. riser
r.a. return air
ref. reference
refr. refrigerator
rgtr. register
reinf. reinforced
req. required
rm. room
r.o. rough opening
rwd. redwood
r.w.l. rain water leader
s. south
s.c. solid core
sched. schedule
sect. section
sh. shelf
shr. shower
sim. similar
s.mech. see mechanical drawings
s.o. sash opening
spec. specification
sq. square
s.s.d. see structural drawings
sst. stainless steel
std. standard
stl. steel
stor. storage
struct. structure
sym. symmetrical
t. tread or tempered
t.b. towel bar
tel. telephone
t. & g. tongue & groove
thk. thick
t.b.r. to be removed
t.o. top of
t.p.d. toilet paper dispenser
t.v. television
typ. typical
unf. unfinished
u.o.n. unless otherwise noted
vert. vertical
v.g. vertical grain
v.i.f. verify in field
w.h. water heater
w. west
w/ with
wd. wood
w/o without
w.o. where occurs
wp. waterproof
wt. weight

APPLICABLE CODES

ABBREVIATIONS

MILLER RESIDENCE

PROJECT DATA

VICINITY MAPSCOPE OF WORK
1262 Francisco St. Berkeley, CA 94702
Sheet Index
Applicable Codes
Vicinity Map
Project Data
Scope of Work
Project Directory
Photos
A0.0

PROJECT DIRECTORY
20-07-414
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Owner:

Jonathan Miller
1262 Francisco St.

Berkeley, CA 94702
Tel: 415-999-2797
Project Address:
1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
Set Backs:

Front 20'-0" 16'-6" 16'-6" to (e) structure
33'-10" to (n) addition
Rear: 20'-0" 61'-11" 57'-11"
Left side: 4'-0" 9'-5" 9'-6"
Right side: 4'-0" 6'-9.5" 4'-7.5"
Habitable Floor Area:

First floor: 1,078 s.f. 1,393 s.f. (315 s.f. new)
Second floor: 440 s.f. 882 s.f. (442 s.f. new)
Total Area: 1,518 s.f. 2,275 s.f. (757 s.f. new)
Bedroom Count: 34
Building Height:

Average Height: 28'-0" 16'-5" 21'-3"
35'-0" w/ AUP
Parking: 1 1 1
Lot Size: 5,000 s.f. 6,000 s.f. 6,000 s.f.

Total Footprint:

House: 2,400 s.f. 1,334 s.f. 1,649 s.f.

Storage Shed: 202 s.f. 120 s.f.

Total footprint: 1,536 s.f. 1,769 s.f.

Lot Coverage: 40% (2 story building) 25.60% 29.48%
Usable Open Space: 400 s.f. 2,500 s.f. 2,608 s.f.

ADU: Not subject to lot coverage. Therefore, it is not included in the calculations above Tabulations
Required/Allowed Existing Proposed
Architectural:

A0.0 Scope Of Work, Vicinity M ap, Project Data, Sheet Index, Abbreviations, Applicable Codes, Project Directory, Photos A0.1 Existing & Proposed Site Plan
A1.1 Existing Floor & Demo Plans
A1.2 Existing Exterior Elevations
A1.3 Proposed Floor Plans - Original Approved AUP
A1.4 Proposed Exterior Elevati ons - Original Approved AUP A2.1 Proposed Floor Pla ns - AUP Modification
A3.1 Proposed Exterior Elevati ons, Renderings - AUP Modification A4.1 Shadow Study - AUP Modification
A4.2 Shadow Study - Original Approved AUP
Boundary Survey
SSG
Architect:

Studio G+S, Architects
2223 5th St.

Berkeley, CA 94710
Tel: 510-548-7448
[email protected]
Rear View
(e) two-story house
(e) structure to be removed
(e) two-story house
Occupancy: R-3 Duplex
U - Private garage
Proposed Construction: Type V-B
Fire Sprinkler System: No
Zoning/General Plan Regulation
Zoning District: R-2: Restricted Two-Family Residential General Plan Area: LMDR
Downtown Arts District Overlay: No
Commercial District With Use Quotas: No
Seismic Safety
Earthquake Fault Rupture(Alquist-Priolo) Zone: No
Landslide (Seismic Hazards Mapping Act): No
Liquefaction (Seismic Hazards Mapping Act): No
Un-reinforced Masonry Building Inventory: No
Historic Preservation
Landmarks or Structure of Merit: No
Environmental Safety
Creek Buffer: None
Fire Zone: 1
Flood Zone(100-year or 1%): No
Wildlife Urban Interface No
ATTACHMENT 2
ZAB 10-13-2022

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Attachment 1, Exhibit B

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10'-0"

16.5'
9'-2"
curb cut
driveway
Property Line

44.33'
sidewalk
planting strip
gas meter
Adj. House
to fence
y
to property
line
UP
nk fence
hed (less
s.f.)
hed to be
y
y
10'-0"57'-11"

16.5'
(e) curb cut
(e) driveway
Property Line 135.60'
Property Line

44.33'
sidewalk
planting strip
gate
gas meter
elect. meter
Adj. House
to fence line
UP
(e) chain link fence
(60" high)
33 10'-0"
16'-11"
(e) curb cut
(e) driveway
Property Line

44.33'
sidewalk
planting strip
gas meter
UP
34 1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet Contents:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
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No. C30114
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A0.1
Existing Site Plan
Proposed Site Plan
1/8" = 1'-0"
Revisions:
1 project north
true north
Proposed Site Plan
AUP Modification3

5.7°
20-07-414
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project north
true north

5.7°
1st. floor addition
2nd. floor addition
usable open space
existing structure
Proposed Site Plan
Original Approved AUP2
project north
true north
ATTACHMENT 2
ZAB 10-13-2022

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11'-10" 9'-7" 6'-8"
17'-11" 9'-11" 3'-9" 20'-6" 2'-6" 1'-6"
1'-6"16'-2 1/2"11'-8 1/2"6'-0"20'-8"
56'-1"
28'-1"
Living Rm.

UP
41"
f.f.
clg. 9'-6"
1 2 3 4
Garage

0.0"
slab
clg. 7'-4"
Dining Rm.
clg. 8'-0"
Kitchen
Hall
Hall
stacked
w/d UP
elect. panel
linen
Bath 1
5 1 2

0.0"
f.f.
elect. meter
11 5533 66 7744
CC
FF
GG
AA
BB
DD
EE
22 UP
1'-0" 12'-4"
13'-4"
2'-5"
2'-11"2'-5"9'-5"
14'-9"
13'-0" 7'-11" 13'-3"
34'-2"
13'-4"3'-10 1/2"3'-3 1/2"3'-5"6'-9"3'-6"
Bedroom 1
96"
f.f.
clg. 8'-6"
Hall
Bath 2
clg. 7'-6"
Clo.

Clo.

DN
Clo.

Clo.
+7'-5" at wall
+7'-5" at wall
clg. 8'-6"
clg. 8'-6"
roof below
1 2 3 4 5 6 7
roof parapet
flat roof
11 5533 66 7744
CC
FF
GG
AA
BB
DD
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22 Bedroom 2
roof below
1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
2 Existing Second Floor Plan
1/4" = 1'-0"S.G
A
Sheet Contents:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
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MILLER RESIDENCE
AUP Modification
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AI
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North
20-07-414
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North
ATTACHMENT 2
ZAB 10-13-2022

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tile roof
stucco finish
chimney
gas meter
stucco finish
wood siding
structure to be
removed
16'-5"
avg. roof height
structure to be
removed
elect. meter
1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet Contents:

Drawn By:

Existing East Elevation - Left Side
Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
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MILLER RESIDENCE
AUP Modification
SU
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DN
Existing North Elevation - Front
L
Existing South Elevation - Rear
AI
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Exp.12.31.2023E
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Revisions:
20-07-414
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ATTACHMENT 2
ZAB 10-13-2022

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2'-10" 26'-3"
10'-7" 14'-3"
UP
2'-0"16'-9"11'-4"
Bath 2
clg. 7'-6"
+7'-5" at wall
+7'-5" at wall
Sheet
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
CR
DESN
A
H
A1.31 Proposed First Floor Plan
Original Approved AUP2 Proposed Second Floor Plan
Original Approved AUP
NorthNorth
ATTACHMENT 2
ZAB 10-13-2022

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(n) addition, stucco finish
to match (e)
(n) tile roof to match (e)
(e) house
(e) chimney
(e) tile roof
(e) garage door
(e) second floor
(e) entry porch
(e)
(e)
(e)
(e)
(n) (n)
(e) entry porch
(e) second floor
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet
ons
e in
part or in whole without the written permission
of Studio GS, Inc. is prohibited by law.
2022 by Studio GS, Inc.C
SSG
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Project No:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E
CE
n
SU
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DN
L
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NR
A
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Revisions:
20-07-414
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A1.4
1/4" = 1'-0"
ns
Proposed North Elevation - Front
Original Approved AUP1
Street View Of Proposed Addition5Left Rear View Of Proposed Addition6Right Rear View Of Proposed Addition7 ATTACHMENT 2
ZAB 10-13-2022

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2'-6"10'-4"2'-5"
Living Rm.
41"
f.f.
clg. 9'-6"
Garage

0.0"
slab
clg. 7'-4"
elect. panel
close off fireplace,
brick chimney to
remain
Garage
Adj. House
Garage
Laundry
(n) arched opening
(e)
(e)
(e)
(e)(e)
(e)
UP
5'-8" 5'-3" 6'-10"
11'-4"
CL
2'-0"
2'-6"
3'-9"9'-0"
Bedroom 1
96"
f.f.
clg. 8'-6"
Hall
Bath 2
clg. 7'-6"
Clo.

Clo
DN
Clo.

Clo.
+7'-5" at wall
+7'-5" at wall clg. 8'-6"
clg. 8'-6"
roof below
45 6 7
UP
123 4
ed oo
Adj. House
(e)
(e)
(e) (e)
(e)
(e)(e) (e)
(e)
(e)
(e)
(e) egress win.
(e) egress win.

Bedroom 2
CL
5'-8"
CL
1'-3"
1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet Contents:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E

MILLER RESIDENCE
AUP Modification
SU
E
DN
L
AI
O
NR
A
FO
ICA
S
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Exp.12.31.2023E
T T
Revisions:
20-07-414
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A
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1/4" = 1'-0"
A2.1
AUP Modification
Proposed Floor Plan
1 Proposed First Floor Plan
AUP Modification2 Proposed Second Floor Plan
AUP Modification
NorthNorth
Approved AUP
New floor area
Existing floor area
AUP Modification
New floor area
ATTACHMENT 2
ZAB 10-13-2022

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(n) addition, stucco finish
to match (e)
(n) tile roof to match (e)
(e) house
(e) chimney
(e) tile roof
(e) garage door
(e) entry porch
(e)
(e)
(e)
(e)
(n) (n)
(e) entry porch
(e) second floor
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet
p p
of Studio GS, Inc. is prohibited by law.
2022 by Studio GS, Inc.C
SSG
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Project No:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E
CE
n
SU
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DN
L
AI
A3.1
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1/4" = 1'-0"
A
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Revisions:
20-07-414
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Proposed North Elevation - Front
AUP Modification1
Street View Of Proposed Addition
AUP Modification5Left Rear View Of Proposed Addition
AUP Modification6Right Rear View Of Proposed Addition
AUP Modification7Aerial View Of Proposed Addition
AUP Modification8
(n) balcony (n) balcony
privacy screenprivacy screen
ATTACHMENT 2
ZAB 10-13-2022

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1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet Contents:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E

MILLER RESIDENCE
AUP Modification
SU
E
DN
L
AI
O
NR
A
FO
ICA
S
F
Exp.12.31.2023E
T T
Revisions:
20-07-414
C
C
R
DES
EC
N
I L
E T
A
IH
T
SSG
AUP Modification
Shadows Studies
NTS
A4.1
Approved Project Proposed Modification Approved Project Proposed Modification Approved Project Proposed Modification Approved Project Proposed Modification Approved Project Proposed Modification Approved Project Proposed Modification North
12-21-2020 / 12:00 pm 12-21-2020 / 2:54 pm12-21-2020 / 9:21 am See Above
6-21-2020 / 12:00 pm 6-21-2020 / 6:35 pm
See Above
6-21-2020 / 7:47 am
See Above
6-21-2020 / 6:35 pm
ExistingExisting
12-21-2020 / 9:21 am
Existing
6-21-2020 / 7:47 am
Bedroom
Bathroom
Bedroom
Laundry
Garage
Bedroom
Bathroom
Bedroom
Laundry
Garage
Kitchen
Dining
Living Rm.

Kitchen
Dining
Living Rm.

Bedroom
Bathroom
Bedroom
Laundry
Garage
Bedroom
Bathroom
Bedroom
Laundry
Garage
ProposedProposedProposed
6-21-2020 / 6:35 pm12-21-2020 / 9:21 am6-21-2020 / 7:47 am ATTACHMENT 2
ZAB 10-13-2022

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1262 Francisco St.

Berkeley, CA 94702
APN: 058 213500300
AUP Modification Submittal:
07-21-2022
S.G
A
Sheet Contents:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E

MILLER RESIDENCE
AUP Modification
SU
E
DN
L
AI
O
NR
A
FO
ICA
S
F
Exp.12.31.2023E
T T
Revisions:
20-07-414
C
C
R
DES
EC
N
I L
E T
A
IH
T
SSG
Existing Existing Existing
Original Approved AUP
Shadows Studies
NTS
A4.2
Existing Existing Existing
North
6-09-2020 / 4:00 pm
Shadow Accuracy Simulation
6-21-2020 / 6:35 pm
Existing
Proposed
Existing
Proposed
12-21-2020 / 9:21 am
Existing
Proposed
6-21-2020 / 7:47 am
12-21-2020 / 12:00 pm 12-21-2020 / 2:54 pm12-21-2020 / 9:21 am See Above
6-21-2020 / 12:00 pm 6-21-2020 / 6:35 pm
See Above
6-21-2020 / 7:47 am
See Above
Bedroom
Bathroom
Bedroom
Laundry
Garage
Kitchen
Dining
Living Rm.Bedroom
Bathroom
Bedroom
Laundry
Garage
Bedroom
Bathroom
Bedroom
Laundry
Garage
Bedroom
Bathroom
Bedroom
Laundry
Garage
Kitchen
Dining
Living Rm.
6-21-2020 / 6:35 pm12-21-2020 / 9:21 am6-21-2020 / 7:47 am6-09-2020 / 4:00 pm Shadow Accuracy Simulation
Proposed Modification Proposed Modification Proposed Modification Proposed Modification Proposed Modification Proposed Modification ATTACHMENT 2
ZAB 10-13-2022

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Attachment 2

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Z ONING

A DJUSTMENT S
B OARD
Staff Report
1947 Center Street, Berkeley, CA 94704 Tel
: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420
E-mail: [email protected]

FOR BOARD ACTION
OCTOBER 13, 2022
1262 Francisco Street
Appeal of Zoning Officer’s Decision to approve Administrative Use Permit #ZP2021-0006 to modify Administrative Use Permit ZP#2020-0122 to add 40 square feet on the first floor and a balcony on the second floor of an existing single-family dwelling unit.

I. Background
A. Land Use Designations:
• General Plan: Low Medium Density Residential (LMD)
• Zoning: Restricted Two-Family Residential District (R-2) B. Zoning Permits Required:
• Administrative Use Permit for an addition greater than 14 feet in height, under BMC Section 23.202.080(D).

C. CEQA Recommendation: It i
s staff’s recommendation that the project is categorically exempt pursuant to Section 153301 of the CEQA Guidelines (“Existing Facilities”). The determination is made by ZAB.

D. Parties Involved:
• Applicant Sunny Grewal (Architect), Oakland
• Property Owner Jonathan Miller, 1262 Francisco, Berkeley • Appellants: Aimee Baldwin, 1256 Francisco, Berkeley
John Vinopal, 1256 Francisco, Berkeley
Attachment 3

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 2 of 10

Figure 1: Vicinity Map – 1262 Francisco (Project Site) + 1256 Francisco (Appellant Site)

*Map not to scale.

Yellow = R-2 Zoning District

Project Site
1256 1262
Appellant Site

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 3 of 10

Figure 2: Site Plan

Appellant Site
Appellant Site
Appellant Site

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 4 of 10

Figure 3: Original Approved First and Second Floor Plans

Figure
4: Proposed Modified First and Second Floor Plans

New Feature

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 5 of 10

Table 1: Land Use Information
Location Existing Use Zoning District General Plan Designation Subject Property
Single – Family Dwelling R -2 LMD Surrounding
Properties
North
South
East
West

Table 2: Special Characteristics
Characteristic
Applies
to
Project?
Explanation
Affordable Child Care Fee for
qualifying non-residential projects
(Per Resolution 66,618-N.S.)
No The project involves only new residential floor
area, and thus this requirement does not apply.

Affordable Housing Fee for qualifying
non-residential projects (Per
Resolution 66,617-N.S.)
No
This fee applies to projects with net new 7,500
square feet of non-residential floor area. The
project involves only new residential floor area,
and thus this requirement does not apply.

Affordable Housing Mitigations for
rental housing projects (Per BMC

22.20.065)
No
This fee applies to projects that propose 5 or more
rental dwelling units. This project does not propose
rental units.

Alcohol Sales/Service No The project is a residential project.

Creeks No The project is not located within the creek buffer.

Density Bonus No The project is not a density bonus project.

Natural Gas Prohibition
(Per BMC 12.80.020) No The project is not subject to the natural gas prohibition.

Historic Resources No
The project site is not designated as a Landmark
by the City, nor is the application proposing to
demolish the existing structure.

Housing Accountability Act (Gov’t
Code Section 65589.5(j)) No
A “housing development project” is defined as a is
a project that is: residential units only, a mixed-use
project with at least two-thirds of the square-
footage residential, or for transitional or supportive
housing. The project proposes modifications to an
existing dwelling unit and does not meet the
definition of a “housing development project,”
therefore HAA is not applicable.

Housing Crisis Act of 2019 (SB330) No
The project is: all residential; a mixed-use project
with at least two-thirds of the square-footage
residential; or for transitional or supportive
housing. However, the project proposes
modifications to an existing dwelling unit and does
not meet the definition of a “housing development
project,” therefore the Housing Crisis Act is not
applicable.

Coast Live Oak Trees (BMC

6.52.010) No There are no coast live oak trees on or abutting the project site.

Rent Controlled Units No There are no rent controlled units on the subject site.

Residential Preferred Parking (RPP) No The neighborhood surrounding the subject site is not located in an RPP Zone.

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 6 of 10

Seismic Hazards (SHMA) No
The project is not located within an area
susceptible to liquefaction as shown on the State
Seismic Hazard Zones map.

Soil/Groundwater Contamination No
The project site is not listed on the Cortese List (an
annually updated list of hazardous materials sites),
however it is located within the City’s
Environmental Management Area. Standard
Toxics Conditions of Approval apply.

Transit Yes North Berkeley BART, AC Transit 72, 72M, 800

Table 3: Project Chronology
Date Action
October 27, 2020 AUP (ZP2020-0122) application submitted January 5, 2021 AUP (ZPA2020-0122) Approved
February 5, 2021 AUP Modification (ZP2021-0006) application submitted June 28, 2022 Application deemed complete
August 3, 2022 Notice of Decision Issued
August 4, 2022 Appeal Received (#1)
August 23, 2022 Appeal Received (#2)
September 29, 2022 Public hearing notices for appeal hearing mailed/posted October 13, 2022 ZAB appeal hearing

Table 4: Development Standards (Does not include ADU)
Standard
BMC Sections 23.202.080.070-080
Existing Approved AUP
(ZP2021-0006)
Proposed/
Approved by
Zoning Officer
Permitted/
Required
Lot Area (sq. ft.) 6,000 No chan ge No change 5,000 min Gross Floor Area (sq. ft.) 1,518 2,235 2,275 N/A
Dwelling Units Total 1 No change No change 2 max
Affordable 0 No change No change N/A
Building
Height
Average (ft.) 16’-5” 21’-3” No change 28 max
Stories 2 No change No change max
Building
Setbacks (ft.)
Front 16’-11” No change No change 20 min
Rear 61’-11” 57’ No change 20 min
Left Side (West) 6’-7” 4’-7.5” No change 4 min
Right Side (East) 9’-6” 9’-6” No change 4 min
Lot Coverage (%) 25.6% 28.8% 29.5% 40 max
Usable Open Space (sq. ft.) 1,000+ No change No change

400 min
Parking Automobile 1 No change No change N/A

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 7 of 10

II. Project Setting

A. Neighborhood/Area Description: The subject site is located midblock along Francisco Street, between Webster Street and Chestnut Street in North Berkeley. The site is located about two blocks east of San Pablo Avenue and a block and a half west from the North Berkeley Bart Station. The surrounding area is composed of single to two-family dwelling units.

B. Site Conditions: The project site is rectangular, generally level, and is currently developed with a two-story dwelling unit, shed, and an Accessory Dwelling Unit (ADU), which was approved subsequent to the approval of the Administrative Use Permit (ZP2020-0122). The lot is accessed by an existing driveway and curb cut located east of center towards the front of the lot.

III. Project Description

The project approved by the Zoning Officer would modify the original Administrative Use Permit (AUP) (ZP2020-0122) by adding 40 square feet to the office (bedroom 4) located on the first floor and a 108 square foot balcony located on the second floor accessed off the primary bedroom suite (bedroom 3). The subject balcony is located atop the existing roof of the first floor.

The original AUP, issued on January 5, 2021, was for a two-story major residential addition greater than 14 feet in average height.

IV. Community Discussion

A. Neighbor/Community Concerns: At the time of submitting this application, the City had temporarily waived the Neighborhood Contact and Project Yellow Poster requirements for proposed zoning project applications to comply with the Shelter-in-Place order issued by the County Health Official. Instead, the City mailed a Notice of Received Application on February 23, 2020 to July 2021.

Staff received several communications from the residents at 1256 Francisco about the proposed balcony and its potential impacts on privacy, site lines, and noise. Staff determined that the proposed modifications were consistent with the underlying development standards and would not unreasonably obstruct sunlight, air, or views, and would not be detrimental neighboring properties.

B. Zoning Officer’s Decision to Approve: The Zoning Officer determined that the proposed project, which would add 40 square feet to the southeast corner of single-family dwelling on the first floor and a balcony on the second floor, would not result in detrimental air, views, light, or privacy impacts and would be consistent with the underlying development standards in BMC Section 23.202.080.

The first appeal of the administrative decision was filed on August 4, 2022 by one owner of 1256 Francisco. The second appeal was filed on August 23, 2022 by a second resident of 1256 Francisco.

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 8 of 10

C. Public Notice: On October 6, 2022, the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property. Staff also posted the Notice of Public Hearing at two locations within the immediate vicinity of the subject site. At the time of this writing, Staff has not received any communications, outside of the appellants, regarding this project.

V. Appeal Issues and Analysis

The issues raised in the appellants’ letter and staff’s responses are as follows. For the sake of brevity, the appeal issues are not re-stated in their entirety. Other issues were raised in the appeal letter, however, only the appeal points and analysis that are within the purview of the Zoning Adjustments Board are discussed below. Please refer to the appeal letters (Attachment 3) for full text.

A. Appeal Issue: The appellants state the application should be denied based on the privacy, views, and noise detriments created by the proposed balcony. The appellants assert that the balcony should be designed and located elsewhere on the property to preserve existing conditions between the neighboring dwellings . In addition to the balcony, the appellants note privacy concerns with the location of the windows along the western portion of the primary bedroom suite.

Staff Response:

• Views – The modifications would not result in obstruction of significant views in the neighborhood as defined in BMC Section 23.502 (Glossary)1. This area is generally flat and developed with one- and two-story residences that filter or obscure most views that may be available of the Berkeley Hills or the Golden Gate Bridge from off-site view angles. Further, during a site visit of the subject properties conducted on September 1, 2022, staff observed that the views from 1256 Francisco looking eastward were not significant.

• Noise – Community noise is regulated pursuant to BMC Section 13.40 under the authority of the Environmental Health Department. The following information is provided for reference. Exterior noise limits are established to mitigate the detrimental impacts of specific sound levels and vibrations. Shown below, Table 13.40-1 outlines the exterior noise limit levels according to Zoning District.

Figure 5: Exterior Noise Limits by Zoning District

1 View Corridor. A significant view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark such as the Campanile, Golden Gate Bridge, and Alcatraz Island or any other significant vista that substantially enhances the value and enjoyment of real property.

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 9 of 10

Noise levels at 55 decibels A2 (dBA) is equivalent to conversation amongst a group of people about three feet apart or the noise generated by a coffee percolator

3. Activity on the residential balcony is not within the purview of the Zoning Ordinance, however, the noise levels noted above are applicable and enforceable through Environmental Health.

• Privacy – The propose balcony will not result in significant privacy impacts. As shown in Figures 2 and 4 , the proposed balcony at the second- story level is setback 8 feet -8 inches from the western property line and over 20 feet from the eastern property line. The proposed balcony parallels an existing second floor bedroom at 1256 Francisco Street. To mitigate the potential impacts to privacy, a privacy screen is proposed along the west side of the balcony, between the subject properties. Further, Staff amended the approved Conditions of Approval, adding Condition of Approval # 11 to ensure that the privacy screen shall be maintained throughout the life of the project.

The location of the new primary bedroom, bathroom, and closet windows were approved under the original AUP ( ZP2020-0122), and are not subject to the modification request. Although outside the purview of the modification and appeal, staff notes that the previously approved windows and second floor addition are located outside of the required side setback.

VI. Recommendation

Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board APPROVE #ZP2021-0006 pursuant to Section 23.406.0 30.F and subject to the attached Findings and Conditions (see Attachment 1) and DISMISS the Appeal.

2 Decibel. A unit used to measure the intensity of a sound or the power level of an electrical signal by comparing it with a given level on a logarithmic scale. 3 Sound Effects Decibel Level Chart https://www.creativefieldrecording.com/2017/11/01/sound-effects-decibel- level-chart/

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ZONING ADJUSTMENTS BOARD 1262 FRANCISCO STREET
October 13, 2022 Page 10 of 10

Attachments:

1. Findings and Conditions, #ZP2021-0006 August 3, 2022

2. Project Plans, dated July 21, 2022

3. Survey, dated May 16, 2022

4. Appeal Letters

5. Notice of Public Hearing

Staff Planner: Katrina Lapira, [email protected], (510) 981-7488

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DATE PAGE # of
pages
A
1 ZAB Materials: staff report and attachments 10/13/2022 1 39 B
2 ZAB captioner's record 10/13/2022 40 55
C
3 Application materials 2/5/2021 95 29
4 Welcome letter 2/19/2021 124 1
5 Notice of Received Application postcard notice with mailing list 2/23/2021 125 3 6 Notice of Received Application poster 2/23/2021 128 1 7 Email of Objection: John Vinopal 3/2/2021 129 4
8 Resubmittal: sightlines 3/7/2021 133 9
9 Resubmittal: project plans 3/26/2021 142 8
10 Survey 5/16/2022 150 1
11 Letter of Objection: Aimee Baldwin 6/15/2022 151 54
12 Resubmittal: project plans 6/24/2022 205 10
13 Letter of Completion 6/28/2022 215 1
14 Resubmittal: project plans 7/21/2022 216 10
15 Notice of Administrative Decision postcard with mailing list 8/3/2022 226 3 16 Notice of Administrative Decision 8/3/2022 229 20
17 Letter of Appeal filed by Aimee Baldwin 8/4/2022 249 5 18 ZAB Public Hearing Notice postcard with mailing list 9/29/2022 254 7 19 ZAB Notice of Decision 10/26/2022 261 23
20 Appeal letter filed by John Vinopal 11/9/2022 284 2
21 Appeal Receipt letter from City Clerk to Appellant 11/18/2022 286 4

INDEX TO ADMINISTRATIVE RECORD
1262 FRANCISCO STREET
Prepared: March 28, 2022
Use Permit #ZP2021-0006

REMAINDER OF ADMIN RECORD
CAPTIONER'S RECORD and minutes of all hearings

DOCUMENT

STAFF REPORTS
ATTACHMENT 4 - INDEX

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Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:

The City of Berkeley, City Council’s Web site
http://www.cityofberkeley.info/citycouncil/
Attachment 5

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Attachment 6
NOTICE OF PUBLIC HEARING – BERKELEY CITY COUNCIL
ZAB APPEAL: 1262 FRANCISCO, USE PERMIT #ZP2021-0006
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, FEBRUARY 28, 2023 at 6:00 P.M. a public hearing will be conducted to consider an appeal of the decision by the Zoning Adjustments Board to APPROVE Administrative Use Permit #ZP2021-0006 to modify Administrative Use Permit ZP#2020-0122 to add 40 square feet on the first floor and a balcony on the second floor of an existing single-family dwelling unit.

The hearing will be held at the Berkeley Unified School District Board Room located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of February 16, 2023. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact Katrina Lapira, Project Planner, (510) 981-7488 or [email protected]. Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.
________________________________
Mark Numainville, City Clerk
Mailed: FEBRUARY 14, 2023
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. 01 94.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed 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.

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available by request from the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.

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ACTION CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Dee Williams-Ridley, City Manager
Subject: The City of Berkeley Employer of Choice Initiative

RECOMMENDATION
Adopt a resolution to support and endorse the City Manager’s workplan to implement the City of Berkeley’s Employer of Choice initiative. The workplan provides actionable recommendations by Municipal Resource Group (MRG), an independent consultant firm specializing in providing cities, counties, and government agencies with professional strategic services.

Consistent with MRG’s 90-day Action Plan recommendations, the City Manager is currently requesting authorization to 1) hire two Associate HR Analysts and one Assistant HR Analyst, 2) contract with a branding and marketing agency in an amount not to exceed $250,000 to help attract, outreach and recruit talent for the City workforce in support of the Human Resources Department; and 3) enhance communications and social media content planning and strategy including support for department communications in a combined amount not to exceed $200,000.

FISCAL IMPACTS OF RECOMMENDATION
Costs associated with the resources identified within this initial 90-day workplan are offset by unanticipated salary savings within the General Fund, resulting in no net increase to the Fiscal Year 2023 Adopted Budget. The ongoing cost of increased personnel, as well as other potential resources required to effectively implement the Roadmap, will be presented as part of the Fiscal Year 2024 Mid-Biennial Budget Update.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley provides a portfolio of services to the community that is unparalleled in California for a city of its size. The quality of this broad array of services to residents, business, students and visitors is directly impacted by the ability of the City to retain and recruit talented and committed staff. Ensuring budgeted positions are filled with motivated employees is key. Fully staffing an organization that functions efficiently helps limit turnover, retain institutional knowledge and effectively implement the City’s programs and policy initiatives.

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In September 2022, the City engaged MRG to provide a Roadmap to help the City become an Employer of Choice. A team of three MRG consultants was selected for this project based on their broad experience managing public organizations at the executive level. The goal of the project was to assess the organization’s needs and craft an actionable plan titled the “Employer of Choice Roadmap” to retain and attract employees. This Roadmap creates six thematic areas of focus with a total of forty-eight (48) initiative areas. MRG was also asked to prepare a Hybrid Best Practices Guide which will be shared with Human Resources, labor unions, and employees through a separate process.

The MRG team conducted meetings and focus groups with employees, department heads, and bargaining units from all departments to identify Employer of Choice issues and strategies. Interviews and focus groups were confidential. Participants were assured that no specific quotes would be assigned to any one individual; rather, input would be integrated into general themes and recommendations.

After review of the Roadmap, the City Manager is recommending a Phase 1 focused workplan to address key 90-day deliverables in three defined areas. These recommendations are in alignment with the priority areas recommended by MRG.

Focus area Resources Needed Cost
Invest in HR and fill
vacancies
Hire two Associate HR Analysts $131,312 (FY 23)
$448,468 (beginning in
FY 24)
Invest in HR and fill
vacancies
Hire one Assistant HR analyst $53,515 (FY 23)
$182,762 (beginning in
FY 24)
Invest in HR and fill
vacancies
Contract with a branding/marketing
consultant to assist HR in attracting
and recruiting top talent through
effective outreach methods
$250,000 (one-time
funding)

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Launch updated
communication
efforts
Enhance communications and social
media content planning and strategy
including support for departmental
communications
$200,000 (one-time
funding)
Elevate and update
internal systems
and administrative
services
Initial 90-day plan will be absorbed
within the Office of Special Projects
No financial support
requested at this time.

The attached report identifies three focus areas for the City to address immediately.

They are 1) invest in HR and fill vacancies, 2) launch updated communications efforts and 3) elevate and update internal systems.

The Human Resources Department is requesting investment in two areas. The first is to build internal capacity with more staff with the addition of two Associate HR Analysts and one Assistant HR Analyst to be more agile in responding to the hiring demands of the organization. Increased capacity will be essential to hiring above attrition for several successive years in order to bridge the vacancy gaps hampering operations across City departments. The addition of analysts will increase the number of exams administered, will shorten the time required to establish eligible lists, will speed up hiring and onboarding processes, and will furnish adequate support to new employees through orientation, training, and benefits.

In order to expand the applicant pool and attract top talent, the Human Resources Department needs a communications consultant to support branding, marketing and recruitment presence on digital platforms, including social media. A full-service agency will be integral to developing recruitment campaign themes and visuals (including promotional videos) and launching them on digital platforms through strategic ads.

To update communication efforts and determine how best to open access to the website and social media use for departmental ease in community engagement, the plan also includes additional consulting resources to work with the City Manager’s Office.

To elevate and update internal systems, the City Manager’s Special Projects Division will work with the Organization to determine business processes and develop a plan using strike teams and/or business process teams to revamp internal and administrative systems for greater efficiency and effectiveness.

The second deliverable is a hybrid workplace best practices guide. This guide is in development incorporating the information from focus groups, what local and other government organizations are doing, and outlining evolving practices. The report will be delivered directly to Human Resources upon completion.

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BACKGROUND
There are a number of national issues facing government sector workplaces with an unusually high vacancy rate. The Great Resignation is a term used to describe a recently developed and ongoing trend of employees voluntarily leaving their places of employment. There is a need for defining new norms in the COVID realignment and remote work assessment process, which reflects the demand for more flexible workplace and hybrid options, and the demand for work/life balance and employers being more focused on employee wellbeing.

Traditional means of recruiting, retaining, and engaging employees are proving insufficient to address this trend. Jurisdictions around the country, including the City of Berkeley, need to understand these trends and associated changes, identify and tailor methods of retaining, recruiting and engaging employees for future workforce development. Employers that are not responding to this trend by quickly adapting may be in danger of losing excellent employees and being unable to compete for top talent.

In September 2022, the City engaged MRG to provide a Roadmap to help the City become an Employer of Choice. A team of three MRG consultants was selected for this project based on their broad experience managing public organizations at the executive level. (See Attachment 2 of the Roadmap for information on MRG.) The goal of the project was to assess the organization’s needs and craft an actionable plan titled the “Employer of Choice Roadmap” to retain and attract employees. This Roadmap creates six thematic areas of focus with a total of forty-eight (48) initiative areas.

The City Manager provided a presentation to Council on October 11, 2022 that highlighted why this work was important to address our needs and provided a workplan with timelines to research best practices, engage in employee focus groups, including time set aside to engage management and labor. The City Manager also provided a “Workforce Analysis” presentation to the City Council on December 13, 2022 highlighting the current status of recruitment challenges and resulting organizational impacts. With launch of the Employer of Choice report, the City Manager committed to return to the Council with a presentation in February 2023.

The City Manager, MRG and the Senior Executive Team met to review the Roadmap recommendations in late January. The consensus for immediate action and effort were:
(1) invest in Human Resources with the goal of filling vacant positions and improving the City’s branding and recruitment outreach, (2) enhance communication internally with employees and externally with the public including providing more department access and agility with use of social media and website information; and (3) improve internal and administrative business processes and practices to improve efficiency, effectiveness and customer service. Based on this, the City Manager is recommending the following initial investment to jump start these efforts:
1) Hire two Associate HR Analysts and one Assistant HR Analyst;

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2) Contract with a branding and marketing agency in an amount not to exceed $250,000 to help attract, outreach and recruit talent for the City workforce in support of the Human Resources Department; and
3) Enhance communications and social media content planning and strategy including support for department communications in a combined amount not to exceed $200,000.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Several of the recommendations focus on streamlining business processes, creating efficiencies, and greater adoption of technological solutions which will reduce paper and other waste associated with less-than-optimally efficient business practices.

RATIONALE FOR RECOMMENDATION
The City of Berkeley is at a crucial point in its need to both retain our valued staff and attract the best candidates for positions within the organization. To this end, we must transform our processes and implement new tools to be an Employer of Choice. It is imperative that we move with speed and agility to implement key activities defined within the proposed Roadmap. These actions are the key establishing a strong and stable Berkeley workforce to meet the demands and growth of the community. The City of Berkeley has been a leader in many initiatives, and we are looking to become a leader in workforce development.

ALTERNATIVE ACTIONS CONSIDERED
The City moved swiftly to gather this pertinent information to develop the action plan. It was clear that a third-party was needed to conduct the assessment. No other action was considered.

CONTACT PERSON
Dee Williams-Ridley, City Manager, City Manager’s Office, 510-981-7000 Attachments:

1. Resolution

2. Employer of Choice Roadmap Report from Municipal Resource Group

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RESOLUTION NO. ##,###-N.S.

THE EMPLOYER OF CHOICE INITIATIVE
WHEREAS, it is critical for the City of Berkeley to implement an initiative to respond to the major changes in employee attraction, retention and engagement due to COVID-19 and the resulting Great Resignation; and
WHEREAS, The Great Resignation is a term used to describe a recently developed and ongoing trend of employees voluntarily leaving their places of employment; and WHEREAS, Municipal Resource Group (MRG) is an independent consultant firm specializing in providing cities, counties and government agencies with professional strategic services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to adopt a resolution to support and endorse the City Manager’s workplan to implement the Employer of Choice initiative, which will establish and make actionable the recommendations provided in the Roadmap by Municipal Resource Group (MRG), an independent consultant firm specializing in providing cities, counties and government agencies with professional strategic services.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to proceed with the following actions in the first phase of implementation of the Employer of Choice initiative: 1) hire two Associate HR Analysts and one Assistant HR Analyst, 2) contract with a branding and marketing agency in an amount not to exceed $250,000 to help attract, outreach and recruit talent for the City workforce in support of the Human Resources Department; and 3) enhance communications and social media content planning and strategy including support for department communications in a combined amount not to exceed $200,000.

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CITY OF BERKELEY
Employer of Choice Roadmap
The City of Berkeley wishes to establish itself as an
"Employer of Choice“ -- to attract and retain high
quality employees and foster an organization
committed to health and long-term success of the
city organization and its workforce.

The goal of this ROADMAP is to strengthen the
culture of the organization in a way that improves
the work environment and increases job
satisfaction -- making Berkeley an exciting and
supportive place to work and thrive.

February 15, 2023
Prepared by MRG

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INTRODUCTION
Project Overview
In September 2022, the City of Berkeley (“City”) engaged Municipal Recource Group (“MRG”) to provide a Roadmap to help the City become an Employer of Choice to support the City’s Strategic Plan goal to attract and retain a talented and diverse City government workfoce. The COVID-19 pandemic continues to have myriad impacts on our community and the world— including the phenomenon known as the Great Resignation. The Great Resignation is a term used to describe a recently developed and ongoing trend of employees voluntarily leaving their places of employment.

Today, Berkeley is facing significant vacancies across the organization and is experiencing challenges recruiting and retaining employees. Jurisdictions around the country, including the City of Berkeley, need to identify and tailor new methods of recruiting, retaining and engaging employees, and to plan for future workforce development. Employers that are not adapting and advancing their organizations are at danger of losing excellent employees and being unable to retain or compete for top talent.

A team of three MRG consultants were selected for this project based on their broad experience managing public organizations at the executive level. See Appendix B for information on MRG. The goal of the project was to assess the organization’s needs and craft an actionable plan to retain and attract employees titled the “Employer of Choice Roadmap”. This Roadmap creates six thematic areas of focus with a total of forty-eight (48) initiative areas. MRG was also asked to prepare a Hybrid Best Practices Guide which will be shared with Human Resources, labor and employees through a separate process.

The City of Berkeley provides a portfolio of services to the community that is unparalleled in California for a city of its size. The quality of this broad array of services to residents, business, students and visitors is directly impacted by the ability of the City to retain and recruit talented and committed staff. Ensuring budgeted positions are filled with motivated employees is key. Fully staffing an organization that functions efficiently helps limit turnover, retain institutional knowledge and effectively implements the City’s programs and policy initiatives.

Once the City of Berkeley implements the Roadmap and is established as an “Employer of Choice”, the organization will:
 Attract and retain high performing employees, who demonstrate a commitment to the long- term success of the city organization;
 Secure engaged employees that feel valued and see the purpose and impact of their work;  C
om
municate regularly within the organization to build culture and employee engagement and to the public to build awareness and
 Enhance investment in training, career development, safety and health of staff; and  Deliver efficient administrative service functions that support employees and enhanced delivery of programs to Berkeley residents.

WHAT SUCCESS LOOKS LIKE …
“Berkeley is in a staffing emergency! All
the great work that the Council and
community is used to seeing accomplished
is being profoundly impacted. The level of
work is not going to be as great and the
Berkeley performance will be reduced until
we can stabilize and rebuild the
organization.“
-Berkeley Employee Voice

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HOW WAS THE ROADMAP DEVELOPED?
MRG believes that most good ideas regarding improving customer service and organizational performance come from within the organization. The MRG team conducted meetings and focus groups with employees anddepartment heads labor groups from all departments in addition to labor groups to identify Employer of Choice issues and strategies. Interviews and focus groups were confidential. Participants were assured that no specific quotes would be assigned to any one individual; rather, input would be integrated into general themes and recommendations. These meetings were very productive with active engagement from all participants. The City Council and community should be proud of its workforce and its employees’ commitment to improve the organization.

WHAT ARE EMPLOYEE RECRUITMENT AND RETENTION TRENDS?
Hiring and retaining high performing public agency employees in 2023 is extremely challenging especially in the hyper-competitive Bay Area job market. The “Great Resignation” of the pandemic was actually a “great re-evaluation” of work which has forever changed how we work and how we think about our careers and life.

The Pulse of the American Worker Survey Fact Sheet from March 2022 states that nearly a quarter of workers (22%) have switched employers since the start of the pandemic – up from 13% in April 2021. In addition, half of workers are actively searching or are considering looking for a new job. Demographic trends, the changing dynamic of in-person vs. remote work, retirements and an increased competition from the private sector in many job classifications are key drivers. Faced with this, many public employers are struggling to retain and hire key staff for important positions. The City of Berkeley is no exception. The most comprehensive data on the challenges facing the public sector’s hiring is NEOGOV’s recent report, “The Quiet Crisis in the Public Sector”. By utilizing its Go vernmentJobs.com site and its expertise as the provider of HR management solutions for the public sector, NEOGOV offers the following findings.

 Key Drivers --
Base
d on insights from public sector HR professionals, the biggest drivers for the increase in recent job openings are shown below with voluntary turnover (83%) as the largest contributor.
 Lack of Qualified Candidates – 79% of agencies cannot currently find qualified candidates for open positions.

 Lower Number of Applicants -- The number of applicants is dramatically declining in the public sector while at the same time there are more job openings/vacancies.

Candidates want higher pay, flexible work
options, and more meaningful work, and they
aren’t afraid to leave for better opportunities
elsewhere.

Candidates also want clear and concise
recruitment process, active communication and
timeliness.
-NEOGOV, The Quiet Crisis in the Public Sector
Chart #1 – NEOGOV Drivers of Job Openings

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o Since 2021, there has been a 45% increase in public
sector job openings. A t the same time, there was a
56% decrease in applicants per job. An
other way to
think about this is that 50% of jobs are getting fewer
than 10 applicants – which doesn’t take into account
that the applicants may not meet basic requirements
of the job.
o This change becomes even more alarming when this
trend is reviewed over the past six years. NEOGOV
found that applicants per job in the public sector have decreased by 74%.
 Impact of Unfilled Recruitments – The impact of not filling positions dramatically affects the remaining workforce and public services. Chart #3 from the NEOGOV report
illustrates the challenges of not being able to hire. Locally, the Berkeley City Manager presented a Workforce Analysis overview to the City Council on December 13, 2022 which outlined key causes for the national labor shortage, recruitment and workforce challenges, and impacts of vacancies on services in a number of departments. Similar to national issues, Berkeley is facing these impacts:
o Reduction in services and
programs-- Increase in caseloads, reduction in service hours, reduction in programs, reduction in service quality, delays in service delivery. o Temporary closure of facilities on certain days or during certain shifts. o Prioritization of violent crimes over lower-priority property crimes and diminished ability for extra patrols.
o Decreased capacity to manage existing programs and projects. o Reduction in maintenance standards and services for community amenities, parks and streets. o Challenges meeting grant requirements and deliverables. o Backlog of service requests, maintenance, infrastructure projects. o Staff burnout, increased stress and frustrations; forced overtime; denial of time-off requests.

NEOGOV Recommendations:

To improve public sector recruitments, NEOGOV recommends the following actions:

Impacts of
Vacant Positions
Chart #3 – NEOGOV Hiring Challenges
Chart #2 – NEOGOV # of Applicants
More engaging
job postings
Build a brand and
marketing strategy
Modernize
processes for faster
recruitments
Utilize on-line job
boards, digital ads
and social media
Shift the mindset of
HR staff to recruiters
and marketers

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KEY COMPONENTS FOR EMPLOYEE RETENTION
From MRG’s research and best practices, it is important to recognize that employee retention has multiple layers. Key components for employee retention include the following.
 Competitive co mpensation and benefits.
 Purpose and meaning in the work being performed by employees.  Flexiblity and a desire for life balance which is requiring employers to embace alternative work schedules and remote work.  High desire to work for organizations that are committed to growth, training, and career development in t heir employees – which is especially true for
Millenials.
 Recognition and appreciation for work efforts and accomplishments with an overall positive organizational culture.  Competent and capable supervisors and managers committed to good communication, teamwork and active employee engagement.  Organizations that invest in tools, technology, and business systems that let employees complete their work with ease and effectiveness.  Comprehensive onboarding process that helps new employees find their footing, launch into their new role, and delivers a clear vision of the organization’s values, culture and expectations.
 Prioritized and organized work that allows thorough and strategic work delivery.

When these conditions are met together as a package, the organization’s culture and organizational operations all improve and move toward optimal. The Roadmap evaluates these layers and creates a work plan for the City to retain and attract a strong, talented and agile workforce.

KEY FINDINGS
Below are the key findings that are impacting the City’s ability to attract and retain employees. The impact of these issues results in City employees feeling tired, overworked, frustrated and underappreciated. The number one priority expressed by staff was to fill vacant positions first in order to improve customer service, reduce overtime, increase capacity, and reduce the level of work for current employees.

Slow to Advance Technology
& Software Systems
Limited Communication & Recognition
Under-Investment in Facilities & Equipment
Internal/Administrative Services
Hampering Productivity
Widespread Staff Vacancies
HR in Major Rebuild Stage
Thirst for Training and Development
Heavy & Unprioritized Workload

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KEY ROLE OF THE CITY COUNCIL IN EMPLOYEE RETENTION AND RECRUITMENT The City Council’s leadership is a key ingredient in the success of the Employer of Choice Roadmap. Initially, MRG sees three important roles for the City Council.

1. Financial Support and Resources – As outlined later in the report, the Roadmap will require one-time and ongoing financial resources for staff, tools, technology and equipment. Without secured financial support and investment, the Roadmap will not be successful. MRG recommends that the City Manager bring forward an initial list of resources for the first 90 Day Action Plan to then be supplemented with a more comprehensive multi-ye ar budget.

2. Compensation & Benefits – While the Roadmap does not make specific recommendations regarding salary and benefits, compensation is critical in the recruitment and retention of employees. Appenix A outlines organization feedback that MRG received regarding compensation and benefits. A strategic assessment of the City’s compensation system ahead of labor negotiations is important.

3. Priority Setting and Workload -- The City’s latest Strategic Plan was created in 2017/2018 for work in FY 2018-2019 and has nine (9) long term goals. New initiatives creating workload enter the City various ways including State/Federal requirements, annual budget process, staff recommendations, and the City’s legislative and agnda process. The City of Berkeley legislative process accepts proposals from the Mayor, City Councilmembers, the Auditor, Commissions, and the City Manager. This process of direct legislation results in a high volume of agenda items, usually in the range of 850 – 950 total items annually. For legislative proposals from the Mayor and Council, there are multiple avenues through the legislative process. Items submitted for the agenda process may go directly to the full Council, or they may be referred to a policy subcommittee for review and amendment before being considered by the full Council. (There are additional City Council work items that are not captured in Chart #5 below.) As of January 2023, there are 351 Long Term Referrals and 149 Short Term Referrals.

City staff appreciates the City Council’s ideas for creative and entrepreneurial projects and initiatives to improve and serve the community, yet the volume of referrals impacts the delivery of core services to the community. New Council initiatives are regularly added and become staff’s priority. This results in City staff shifting resources to new initiatives and consequently, some prior projects are left partially completed or stalled. The high workload and shifting of priorities are impacting employee retention and project completion.

It is a best practice in cities to create an annual City Council approved work plan built on multi-year strategic goals with periodic opportunities for additions throughout the year. For each organization, it is a balancing act to find a process that retains the ability for individual City Council Members to bring forward ideas and initiatives, while at the same time having a procedure where the full Council defines the priorities and work of the organization. MRG understands that Agenda & Rules Policy Committee is beginning a discussion on enhancements to the City’s legislative process, including referrals. MRG supports this review of the legislative process and recommends developing a more integrated system for goal and priority setting to establish an achievable work plan for the organization.

REFERRALS Long Term Short Term Total Total (%)
Not Active 162 13 175 35%
Completed 100 129 229 46%
In Process 89 7 96 19%
Sub-Total 351 149 500 100%
Rescinded 51
TOTAL 402
Chart #5 – CURRENT CITY COUNCIL REFERRALS (as of Jan. 2023)

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EMPLOYER OF CHOICE ROADMAP
Organization of Recommendations
Becoming an Employer of Choice requires culture change and organizational development. The Employer of Choice Road Map in this document provides specific recommendations in the following themed areas (lanes) as shown in this diagram.

IMPLEMENTATION
The Need to Move Quickly
The City should implement certain changes quickly to move towards becoming an Employer of Choice. While a complete implementation of the Roadmap is estimated to take three years, immediate action and resolve is required. Quick action will demonstrate to staff and the community that the City is committed to retaining and attracting employees and enhancing community services. The following implementation methodologies are recommended:

1. Executive Leadership & Project Champion – This initiative crosses all departments and is foundational for how the organization will operate in the future.

Committed executive leadership is required to ensure organizational change occurs and the Roadmap is implemented.

2. Seasoned Project Manager – The Employer of Choice Roadmap will require a seasoned manager to lead these interdepartmental efforts with the full support of the executive champion.

3. Department Commitment – Each Department Head needs to be committed to the Roadmap including supporting their staff to work on various project teams.

4. 1X & Ongoing Financial Resources – New investments in the organization for staff, consultants, technology, equipment, supplies, etc. are all required to implement the Roadmap. The funding needs should be identified and set aside for upcoming three years to ensure this organizational effort has the resources to complete its projected outcomes.

5. Rolling 90-Day Action Plans – Large organizational initiatives like this often get stalled over time by the size of the recommendations and overall projected work. From the time the Roadmap is accepted by the City Council, it will take the City staff a few months to organize the implementation of the full Roadmap.

By taking strategic and targeted 90-day Action Plans, Berkeley can weave this project in with other city priorities and ensure solutions move forward with proactive results. After a relatively short start-up period (no more than 60 days), the first 90-Day Action Plan should be created, launched and communicated to the organization.

RECRUITING

FOR TALENT

RETAINING

OUR EMPLOYEES

CULTURE,

COMMUNICATION
& EMPLOYEE

ENGAGEMENT

TRAINING &

PROFESSIONAL

DEVELOPMENT

HEALTH, SAFETY
& WELLNESS

ELEVATE INTERNAL

PROCESSES

EMPLOYER OF CHOICE ROADMAP

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6. Transparency & Reporting Out – Communication, reports, and current dashboards should be created. Celebrations of successes and recognition internally and externally is critical for maintaining momentum and honoring the work.

7. Empowered Teams – Many of the recommendations in the Roadmap require City staff from different departments or work units to collaborate, analyze, and execute phases of implementation. New
ways of working and an investment in
“strike teams” and “business process
teams” will require new staffing and some
consultant assistance. MRG recommends
three different types of “teams” as shown
in Chart #6.

8. Prioritization – There are 48 individual
recommendations outlined in the
Roadmap. While all are important, there
are three key areas for initial focus and
priority investment.
 Invest in HR / Fill Vacancies
– Invest
in staffing and consultant support
to bring immediate additional
resources to HR, streamline
processes, work with line
departments as business partners, leverage software and technology, and activate social media tools in recruitments.  Launch Communication – J
ump start internal communication from the City Manager’s Office and departments to employees, including open access to the website and social media for active use by departments in their community information and engagement efforts.  Elevate & Update Internal Systems – Create Strike Teams and Business Process Teams to review and revamp internal and administrative systems for greater efficiency and effectiveness.

Implementation of these recommendations will require City Council support, executive leadership, staff resolve and significant changed behaviors. There is a lot to do. The City has the talent and resources to do it! Chart #6 – Proposed Roadmap Teams

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RECRUITING

FOR TALENT

RETAINING

OUR EMPLOYEES

CULTURE,

COMMUNICATION
& EMPLOYEE

ENGAGEMENT

TRAINING &

PROFESSIONAL

DEVELOPMENT

HEALTH, SAFETY
& WELLNESS

ELEVATE

INTERNAL

PROCESSES
CITY OF BERKELEY -- Employer of Choice Roadmap

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1.0 - RECRUITING FOR TALENT
Recruiting for employees requires proactive marketing/branding and the development of a talent pipeline. Strong recruitment operations regularly build their employer’s brand, treat candidates as customers/future employees throughout the process, and have streamlined systems that work in partnership with line departments. At this time, for Berkeley, the single most important action is to fill vacant positions throughout the organization. Filling budgeted, vacant positions will demonstrate a commitment to existing employees resulting in rebalanced workloads and reduction in stress over time. Community services will be enhanced by a more fully staffed organization able to attract the highest quality talent possible.

Enhanced HR staffing and full utilization of modernized recruitment tools are critical to improve recruitments. By actively deploying social media sites in the recruitment process and creating a hiring campaign, an overall intentional and aligned marketing program can be launched. The first day and first few months of an employee’s time as an employee set the stage for their overall satisfaction and retention.

Staffing & HR Role

1.1 Invest In Human Resources
Department (HR) Staffing
Levels

Immediately expand authorized HR staffing in key functions:
 Recruitment operations (initially 3 additional FTE)
 Labor Relations & Training (in itially up to 3 additional FTE) Continue to use consultant resources on a short-term basis as needed to augment staff resources until additional HR staff can be hired.

Direct City Manager and HR Director to
bring forward recommendations for right sized staffing of Human Resources Department in AAO and FY 2023/24 Proposed Budget.

1.2 Streamline Recruitment
Process – Strike Team

Create a small and agile Recruitment Strike Team comprised of HR, labor representatives and department staff that meets for four months. Issues to solve:
 Use department ideas on how to improve recruitment process and practices;Establish responsibility checklist - Department and HR roles in new recruitments; and
 Authorize initiation of recruitments ahead of actual vacancies.

1.3 Act as Business Partners with
Departments

Reposition HR recruitment staff as business partners with departments. Reinstitute assignment of individual HR staff to work with each department’s designated point of contact. Two-person team should discuss and agree on responsibilities for:
 Outreach plan for each recruitment including overall timeline and assigned responsibilities;  Review of minimum qualifications; and,
 Interview and examination process.

Marketing & Branding

1.4 Create Recruitment Brand &
Marketing Strategy
Develop a clear brand for the City of Berkeley’s recruitment efforts. “Recruitment Brand” should communicate Berkeley’s values, work culture, opportunities, and strengths as an organization. Create clear and consistent messages in all recruitments to denote Berkeley as an Employer of Choice including:
 Color, information, style, graphics;

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 Modern design and formatting for consistent look and feel for recruitment brochures and flyers;  Compelling description of Berkeley as world class City including descriptions of the organization and departments;
 Clear, compelling and articulated description of the role of the position being recruited including key upcoming opportunities and projects (this is not just language from the job description).  Create a marketing program to highlight Berkeley’s hiring efforts (e.g., add branded hiring tag lines to employee’s email signatures, purchase advertising on buses, banners and other visual, high impact locations.

1.5 Upgrade Jobs/Career Web
Presence
Upgrade the current Human Resources web site with a consistent “Recruitment Brand” Job Opportunities launch page. Create a launch page with more information and context regarding working for the City of Berkeley and then direct candidates to the NEOGOV site. The following agencies can be used as examples:
 City of Roseville – Strong primary “Job Opportunities” page with visuals, video, employee profile, approachable and culture themed message from the City Manager, helpful tips for applying. [Link]  City of Palo Alto – First job page links to “Careers with the City of Palo Alto” with information about the community, city team, benefits, leave, remote and flexible work, commuter programs, wellness & counseling services. [Link]
Support departments to create their own dedicated recruitment and career web pages or website within the parameters of the City’s “Recruitment Brand”. Particularly important for police and fire where this is a standard approach among agencies competing for talent.

1.6 Utilize Social Media

Modernize, expand and decentralize the City’s approach to social media.

Create LinkedIn, Instagram and Facebook pages and use City’s Twitter account for recruitment marketing.

Allow departments to create and deploy targeted recruitment outreach and marketing efforts. Ensure department efforts align with City ”Recruitment Brand”, but provide more specialized department information. Department program initiatives, accomplishments, videos, employee profiles and operational updates should be marketed via social media.

Additional information and recommendations for outreach and social media include:
 Leverage NEOGOV --
NEOGOV offers external advertising on other internet sites from selected partners, which can be purchased via Insight as needed by utilizing the “Advertise Job” link on the Insight Dashboard.

Target use of Recruitics, Glassdoor and other sites depending on specific position.  CareersinGovernment.com – With a nominal annual agreement, the City can publish all recruitments listings on CareersinGovernment.com which then pushes the recruitment th rough to their social media partners (LinkedIn, Instagram, Facebook and Twitter).
 Use #Hashtags – I nclude hashtags on the job posting. Web crawlers will find the hashtag, so an agencies’ job posting will appear in searches initiated by job seekers. Example hashtag inserted at the bottom of a recent job announcement: #Engineer, #PublicWorks, #Transportation.

1.7 Hire Graphic Design & Social
Media Expertise

Add funding for graphic artist and social media expertise in HR budget. Funding would be used to enhance:
 Marketing (Presentation of City to prospective applicants).  Advertising (Targeted outreach for individual job openings).

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1.8 Referral Bonus for Current
Employees
Develop an employee referral bonus program.

Provide $1,000 referral bonus for current employees who help attract a new employee.

Examples of other agencies with employee referral bonus programs include: UC Berkeley, San Mateo County, City of Torrance.

1.9 Local Outreach & Targeted
Programs
Develop additional Community Technical Education (CTE) pathway programs in collaboration with the Berkeley Unified School District (BUSD) that begin to expose students and prepare them for good paying, benefited careers within the City. Support CTE pathways with a variety of volunteer and paid internships, explorer programs and other opportunities to develop these potential future employees of the City.

Develop robust internship program with UC Berkeley to bring on students into a variety of local government positions. Create a program that results in an annual “graduating” class of 10-15 interns across the organization who can be streamlined into the application process.

HR Systems & Data

1.9 Resources & Tools Ready on
Day 1

Provide new employees with the tools, equipment, and workspace ready for them to begin work on their first day of employment. Create on-line checklist for workspace readiness with department responsibilities outlined.

Document roles of HR and Information Technology Department to ensure new employees have computer, login access, phone and any other necessary equipment ready to go on Day 1.

Document roles of Public Works maintenance staff and the hiring Department to ensure a clean fully equipped workspace is available upon arrival.

Deliver welcome letter from City Manager/Department Head and/or scheduling meet and greet on new employees first day of work.

1.10 HR Performance Metrics &
Reporting
Once HR staffing is stabilized, update and further develop department performance metrics, procedures for accurate data collections, and a high-level dashboard for monthly reporting to City Manager and Department Heads.

Information to include the following minimum data:
 Current vacancies by department,
 Resignations by month by department including reasons for employee’s departure,  N
umber of active recruitments in process,
 Time to hire from department request for recruitment to hiring,  Number of candidates for positions sorted by meeting MQs and not meeting MQs, and  Number and wh
y candidates decline Berkeley job offer.

Once Recruitment Backlog is Eliminated – Establish the following performance metrics for time it takes to fill positions:
 From budget authority/vacancy to job posting (30 days).  Filling positions from Day 0 (the time from budget authority/vacancy) to Day 45 (Job posting) to Day 100 (First day of work for new employee). Different metrics will be required for specialty recruitments (i.e. Police Officers.
 Target vacancy rate of 5% of all budgeted positions in the organization.

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Produce a vacancy report card with recruitment, hiring and current vacancy information and post on-line every three months beginning on 7/1/23.

Workforce Analysis Report -
Annual
Build data and systems in order to create an annual Workforce Analysis Report for annual reporting to departments and the City Council. It will take a number of years before HR is positioned to prepare this document as they building capacity, systems and data. See example from San Mateo County [Link].

1.11 Training & User Guides for

ERMA & NEOGOV
Enhance training and user guides for ERMA, City’s financial and HRIS system, and NEOGOV, the City’s recruitment and applicant tracking software.

Provide target deployment dates for full deployment of system capabilities to increase efficiencies and reduce staff workload.

1.12 Update Key Job Classifications Create and maintain (in collaboration with department reps and labor) targeted list of key job classifications to be reviewed and updated with target timeframes.

Prioritize hard to fill positions (e.g. Information Technology classifications) that provide essential internal administrative services.

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2.0 - RETAINING OUR EMPLOYEES
The impact of employee turnover is high – for the organization, community and employee – those that leave and more so for those that remain.

There are eight key benefits to having programs and a clear strategy to retain employees: (1) reduced costs, (2) improved morale, (3) retained experienced employees, (4) efficacy in recruitment and training, (5) increased productivity, (6) elevated customer experience, (7) improved culture, and (8) improved employee satisfaction. It is more efficient to retain a quality employee than to recruit, train and orient a replacement employee of the same quality.

A comprehensive employee retention program can play a vital role in both attracting and retaining key employees, as well as in reducing turnover and its related costs. Retaining employees starts during the onboarding and socialization process to the organization. Recognition, appreciation, and employee engagement are central to building culture and having employees feel seen, heard, and valued. Employees also want to feel productive and see that their work is valued and impactful. A balanced workload with clear priorities allows employees to complete initiatives/tasks with pride and to align their accomplishments with the organization’s overall strategic priorities.

From MRG’s interviews and focus groups, there is significant work necessary by the City in this area.

HR Systems

2.1 Overhaul Onboarding
Program
Recreate HR Onboarding Program for new employees to include the following elements:
 Brand the Onboarding Program with a unique title and tag line. [Example – BERKELEY ONBOARD, “Welcome to Our Team”]
 Overview and training on City internal services processes and software (e.g. agenda, timesheets, travel reimbursements, communication, NEOGOV, ERMA, Microsoft Teams, contracts, invoices, etc.).  Meet the City Manager and respective Department Head for welcome, expectations and culture briefing.  Tour City facilities to connect the new employee to the broader organization’s efforts and locations.  Schedule mandatory training requirements needed during the first 6 months of employment.  Create separate orientation for first line supervisors and management in terms of their role, resources and processes for supervision and management duties.
 Invest in personal touches such as welcome cards, coffee mug or other small treats to help welcome the new employee.
 Assign a peer employee “buddy” within the hiring department to each new hire. This staffer is available to answer questions, explain culture and practices that may not be in rules and serve as a mentor for the first 3-6 months of employment.

Use NEOGOV module to maximize use of on-line information for HR program.

Gather feedback via a survey to all new employees after the 6-month orientation to gain feedback on how to continue to improve the Onboarding Program.

Develop template for all Departments to create their own Department Onboarding Program, modeled off successful department programs currently in place.

See sample Onboarding site [Link].

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2.2 Reform Eligibility List Process Establish a Labor / HR working group to develop modifications to the Eligibility List process by 9/1/23.

2.3 Continue to Improve HR
Communications (Berkeley
Matters)

Major improvements to Berkeley Matters (HR’s E-Newsletter and Job Opportunities Internal Promotion Listings) were completed in December 2022 with streamlining of relevant information, enhanced graphics, and weekly publishing of recruitment/promotional lists.

Continue to refocus and upgrade Berkeley Matters and develop other HR communications to all employees.

Ensure easy access for all employees whether office or field staff.

2.4 Performance Evaluation and
Feedback
Implement comprehensive review and update for the City’s performance management system including all evaluation forms. Review length of documents, timing, and inclusion of career development and training plans as a component.

Ensure that all employees receive regular feedback and accountability.

Support regular communication and coaching by management with increased training and support.

Develop and implement a standard “stay interview” processes with current employees to ascertain specific needs and desires to maintain their employment with the City.

Explore a 360-evaluation system for supervisors and managers to receive feedback from employees.

Use Gallup employee survey tool as a means to gain feedback from employees regarding the performance of supervisors and managers.

2.5 Upgrade Exit Interview
Process
Develop clear and robust exit interview process with confidential survey and 1x1 phone/in-person interview.

Produce annual citywide and department report with summary information regarding reasons for employee departures.

Recognition & Appreciation

2.6 Create a Comprehensive City
Recognition Program

Create an inter-departmental team to enhance the City’s Recognition Program. Consider the following ideas:
 Annual employee recognition event.
 Employee award programs are important tools to show appreciation and celebrate excellence and the way em
ployees demonstrate the organization’s values. There are many samples of general employee award programs. Some organizations have an “Employee of the Quarter” program to recognize high performing employees that embody the values of the City’s and demonstrate their good work and talents.  Flexible and immediate recognition program where managers can recognize employee’s efforts with cards, notes and gift cards.
 Program where employees can also show appreciation to their colleagues.  Ways to award extra hard work or key accomplishments of staff such as performance bonuses.

2.7 Restart Longevity Awards
Program
Reinstitute and revitalize a recognition program to honor employees at key benchmarks (every 5 years of service) for their length of service. Consider the following components:
 Include employee’s names and years of service at 5-year benchmarks in a report to the City Council that is distributed to all employees.

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 Hold quarterly recognition event sponsored by the City Manager’s Office with attendance by Department Heads. Employees would receive a certificate or other form of recognition and their supervisor/Department Head would talk about the employee’s work and accomplishments.  Review and upgrade recognition gifts for employees. Employees with 20, 25 and more years of service should receive special recognition.
 Provide 5-y ear pins for employees to add to their lanyards or display in other ways.  Explore opportunity for leave cash-out at key service increments as a way to provide additional monetary compensation.

Organization Priority Setting and Workload

2.8 Focus Priorities & Initiatives
by City Council
Review and redesign the legislative process to ensure Council priorities are accomplished while balancing the capacity of the organization. An updated legislative process needs to ensure Council initiatives are accomplished within a framework of enhanced planning and priority setting to allow the organization to better budget, deploy resources and align implementation.

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3.0 - CULTURE, COMMUNICATION & EMPLOYEE ENGAGEMENT
Authentic communication is the connectivity fuel needed to build trust, culture, and relationships. An organization requires strong relationships and people that know and respect each other to deliver excellence with efficiency and effectiveness. With good communication, managers can gain understanding and commitment from employees, achieve organizational goals and develop rapport with the people on their team. High performing organizations have various ways that employees can voice their ideas and concerns while being engaged in helping improve the organization.

Communication externally is also critical to building relationships and trust with the community. City departments need to be able to communicate with greater agility and timeliness with the public. While transactional information is important to the public, the City also needs to tell its own story of its work – to communicate the “why” and the “what”. In today’s world, the public is used to watching videos, reading blogs, and watching podcasts. A City’s external communication tools need to allow for creativity and voices by departments.

Communication

3.1 Invest in Internal
Communication

The following actions are recommended:
 City Manager Monthly E-Newsletter -- Develop and deliver a monthly newsletter to all employees from the City Manager with updates on key City projects, highlights of key accomplishments, recognition of employees, and other items. A focus would include building the City’s culture around values and mission. Ensure newsletter is delivered in a timely manner to staff without regular access to computers or email in the course of their daily work. This initial work can likely be absorbed initially within the City Manager’s Office, but over time will require additional staffing resources focused on employee engagement and support.
 Department Communication – Provide email update and other communication to all department employees at least monthly. Department heads should also conduct in person meetings with each division no less than two times per year and hold an in person all department meeting no less than two times per year. Build in time for information sharing, department strategic updates and relationship building in these meetings.  Management Team Meetings – Facilitate mid-managers half day in person meeting with Sen ior Executive Team (SET) +
division managers three times per year. Purpose is strategic planning, training, special initiatives, and cross-department relationship building.

3.2 Foster Cross
Department
Collaboration
Facilitate events in which staff from different departments interact and understand other dept. priorities (e.g., three times per year Senior Executive Team + mid-manager meeting).

Utilize cross-department task forces to gain employee input on ideas and projects.

3.3 Open Department
Access to Website &
Social Media Use

Create parameters for outgoing content and authorize designated contacts in City Departments to communicate via social media and email.

Allow designated department staff to add content to their department web pages and issue press releases.

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Hire an expert public agency public information consultant to quickly develop a game plan and work with departments and Public Information to allow more access and flexibility with the City’s website and social media within standards that can be operationalized.

Team Building & Culture

3.4 Invest in Cross
Department
Relationship Building
Create a team of staff from different levels and different departments to create events, fun and activities. Ideas:
 Reimagine Department Open Houses -- Create rotating Open House where each department would host a gathering time and sharing about their department with the rest of the City staff.  Potlucks, Coffees & Ice Cream Socials – Hold monthly or quarterly coffees, potlucks or ice cream socials to bring people together with some fun activities both within departments and across departments. Provide some city funding for these activities.
 “Volunteering” for Community Improvement Projects – Support staff to volunteers to join teams (department and inter-departmental) on important community activities such as cleaning a community garden, working on a Habitat for Humanity project, or doing a project for a local school or non-profit. Employees would be paid for the time and allowed to use 1-2 works days per year for these community activities. This type of program connects employees together and also connects employees to the community in ways that they may not be able to in their day-to-day public service.

3.5 Link to New DEI
Program
The City is hiring a dedicated DEI Coordinator. For the first 90 days, the newly appointed DEI Coordinator will be to reviewing Berkeley’s current status and needs with an eye towards best practices to create a DEI Work Plan.

While many DEI efforts may be focused around hiring and promotion, consider investments in how the City organization can be culturally inclusive including training, communication, learning and collaboration.

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4.0 - TRAINING & PROFESSIONAL DEVELOPMENT
New and future employees are looking for organizations that will invest and support their growth and career development. Employees were clear in their desire for more growth and development opportunities – formally and informally. Providing various forms of professional development will build loyalty to the organization and develop employee’s individual talents to support internal advancement. A well-trained workforce supports innovation and a higher level of customer service to the community, plus employees have the opportunity to grow and progress within the organization as they promote.

Training Strategy & Programs

4.1 Develop Training
Strategy & Plan
for Learning
Culture

Invest in a learning culture and professional development for all employees as a key driver for employee retention. Review training program and determine which training should be done in-house and what to outsource or send employees to external training.

Develop an initial Training and Professional Development Strategy for the City. Consider the following elements:
 Utilize NEOGOV for monitoring and mandatory training.  Provide training opportunities for all level of employees.  D
evelop and deploy an annual survey for employees to gain ideas for the types of training and areas of interest.  Incorporate training discussion into regular 1:1 supervisor/employee meetings and annual performance reviews.  Include and track required department training on shared trac king
department file (e.g., SharePoint) in common format across organization.

Establish standards for training (e.g. # hours per employee per year).

Ensure sufficient department training budgets are developed and discussed with the City Manager's Office in the preparation of the City's annual budget and line item allocations are included in proposed budgets.

4.2 Invest In
Learning
Academies &
Specialized
Training
Employees and management across the organization see the need for modern, effective and strategic investments in training and professional development.

Employee Academies -- Implement the following Employee Academies robust learning programs:
 Academy for Managers
 Supervisory Academy for First Line supervisors
 S
easoned Supervisors Academy for supervisors who want or need a refresher course in managing employees and/or updates and new information that needs to be communicated to sitting supervisors.  Skilled Worker Academy -- T
he City has just launched its first Skilled Worker Academy. After its beta year, a thorough evaluation should occur for continued refinement.
 Administrative Assistant Academy
 Analytical & Project Management Academy
Employee Relations Training – The City is a member of an Employer Relations Consortium comprised of a number of local public agencies in the Bay Area. The Consortium and services are provided by Liebert Cassidy Whitmore. To fully take advantage of this resource:
 Create a curriculum of courses to be taken by a First-time Supervisors and Managers over 2-3 years.

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 Require all supervisors and managers to take a minimum of two courses per year. Recognize this learning and investment with the City’s own certificate programs using LCW curriculum.

4.3 Invest in
Coaching
Develop internal (trained HR staff) and/or external (consultant) resources with management coaching experience and make coaches available to managers. Coaching can be done individually or in groups. Provide specialized training for public safety supervisors.

4.4 Invest in
Learning
Management
Software
Implement learning management system software (e.g. NEOGOV Learn) for the administration, documentation, tracking, reporting, automation, and delivery of educational courses, training programs, materials or learning and development programs across the organization.

4.5 Invest In
Technology
Training
Specialized training in the areas of software and technology is needed throughout the organization including Microsoft Office and other software systems. Encourage departments to authorize on site, off site or on-line training to maximize staff proficiency in relevant technology. Utilize assessment tools to help employees understand their current competency and which technology classes to take to learn and grow.

4.6 Develop Hybrid
Management
Training
Develop specialized training for supervisors and managers to augment skills and approaches for managing in a hybrid work environment.

Systems & Financial Support

4.7 Use Credit Cards
to Ease Training
Procurement
Assign credit cards to management employees and supervisors for various expenditures including signing up for training and any associated travel costs. This will expedite current 4-8 week turnaround on check requests for training.

4.8 Upgrade
Financial
Support for
Training &
Education
Implement the following programs to support enhanced staff skills and customer service:
 Tuition Reimbursement -- Review existing protocols for tuition reimbursement for greater flexibility and ease of approval.

Explore creating financial consistency across all labor groups.  Professional Association Memberships – Authorize and create consistency across the organization for City payment of membership in professional associations to take advantage of training and best practices resources. Municipal professional associations include organizations such as American Planning Association, Municipal Management Assistants of Northern California, California Code Enforcement Association, etc. Develop list of authorized City sponsored memberships that are affiliated with position duties and include funding for memberships in department budgets.  Conferences – Support attendance at professional conferences. Many professional associations hold annual conferences with extensive training and learning opportunities.

Broaden the organization’s philosophy regarding the City’s sponsorship (financial and time) of employee professional development to support general training and educational advancement even if the subject is not directly related to current work or classification. Align with individual professional goals and career advancement.

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5.0 - HEALTH, SAFETY & WELLNESS
In today’s world, employers need to ensure their workforce is – and feels – safe. Employers need to strengthen their safety cultures like never before plus include a broader view of health and wellness. COVID has stretched organizations to breaking points as we learned and adjusted to a worldwide pandemic. Increasing violence and reductions in civility put employees in difficult circumstances. Without proper investment and maintenance, our facilities are tired and lacking in many features. Wellness today includes physical and mental health, plus opportunities for flexibility and life balance including hybrid and alternative work schedules. Investing in and caring for the health, safety and wellness of employees is a critical element for employee retention.

Employee Health

5.1 Clear & Consistent
COVID Safety Protocols
& Practices
Clarify vaccination and masking requirements across organization and communicate current policy to all employees.

Send monthly updates regarding the policy, even if it has not changed since the previous month.

Ensure safety requirements across the organization and within departments are clear, up to date and reviewed with all employees on a regular basis. Include current status on COVID safety protocols and practices on enhanced Intranet site or post in locations visible to field employees.

5.2 Invest in Mental &
Physical Health Services
for Employees

Explore current and potential mental and physical health services for employees. Review internal programs for areas to expand and mirror (Berkeley Fire has a strong peer counseling internal program; Berkeley Police has a strong fitness program).

Research best practices of other public agencies regarding strong mental and physical health programs and services.

Review resources available with all employees on a regular basis.

Develop programs and activities to support physical health (e.g. ergonomic, lunch walk programs, gym membership partial re
imbursements).

Explore fun ways to incorporate healthy activities into training, culture and internal community-building events and activities.

Employee Safety

5.3 Create a Citywide
Safety Team
Create a multi-disciplinary, multi-department Citywide Safety Review Team:
 Assess and review workplace safety or potentially threatening situations that employees might be facing.  Bring forward recommendations for training, building ch anges, and other suggestions to improve the safety of staff and customers. Cr
eate system for employee input and feedback.
 Review accidents and provide recommendations to implement additional safety measures as needed.

5.4 De-Escalation And High
Conflict Training
Provide training and tools to prioritize employee safety and deescalate work with high conflict individuals in order to improve safety for employees and the public.

Work Schedules & Flexibility

5.5 Explore Expanding
Alternative Work
Schedules
Review and update the City’s policies and practices regarding alternative work schedules as a means to providing more employee work flexibility while ensuring service delivery to customers. Consider 9/80 and 4/10 schedules if customer service can be maintained.

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Alternative Work Schedules provide employees with flexibility and additional time for life balance. While a Hybrid Work Schedule may not be possible for field staff or direct customer serving staff, an Alternative Work Schedule can be provided to these employees and provide them with some of the same benefits.

5.6 Formalize Hybrid Work
Program

Hybrid work is a critical tool to attract and retain employees. Support the use of Hybrid Work Schedules on a permanent basis throughout the organization while balancing flexibility for the employee and customer service / organizational connectivity for the departments.

Provide clear guidelines to support departments in implementing Hybrid Work.

Provide training to management to learn to manage in this new environment.

Facilities & Equipment

5.7 Adequately Fund
Capital Improvement
Program &
Replacement Reserves
Ensure Capital Improvement Program prioritizes deficiencies in City facilities with annual budget allocation.

Establish budgeted replacement reserves for building and equipment replacement.

Contract out more maintenance as needed to address current critical deficiencies.

5.8 Prioritize Investments
in Buildings, Vehicles, &
Equipment
Ensure health and safety of staff and customers is prioritized within City facilities. Ensure functional, safe and clean systems:
 HVAC with appropriate filters;
 Windows;
 Carpeting / flooring; and,
 Physical security of sites.

Provide security for staff and customers as needed.

Ensure public safety and public works facilities are regularly maintained and replaced to p rofessional standards.

Ensure Equipment & Vehicle Safety is prioritized to ensure safety of employees and the public.

Use outside resources (e.g. Fire Department equipment) if needed to ensure proper maintenance and repair.

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6.0 - ELEVATE INTERNAL PROCESSES
Elevating the importance and effectiveness of the City’s administrative functions is necessary if the City of Berkeley is to become an Employer of Choice. Berkeley is known for its community innovation and willingness to try new approaches to community problems. The same innovation should be encouraged and rewarded for internal process improvements. Innovation applied to internal processes will support organizational effectiveness, relationship building, and efficiency. By reducing inefficiencies and improving processes and use of technology, employees can reduce their frustration and focus their time and expertise on customer service and public improvements.

Structure & Programs

6.1 Restructure Reporting
of Administrative
Services (HR, IT,
Finance, Contracts) to
One Deputy City
Manager
Realign the management reporting structure so that the Human Resources, Information Technology, Finance and Contracts report to the same executive (Deputy City Manager).

Encourage collaboration and coordination among the three departments to problem solve, share staff resources and innovate.

6.2 Elevate Importance of
Service-Oriented
Administrative Services
& Customer
Connectivity
Ensure administrative services departments deliver elevated level of customer service to departments and function as true business partners with line departments.

Schedule regular bi-monthly meetings with Finance and IT department representatives to provide feedback, ideas, advise and help improve systems for each function. These meetings will facilitate to provide input on the most critical short- and long-term internal service needs of the departments.

Develop service level metrics and provide regular reports on status of work orders and key initiatives.

6.3 Create An Innovation
Program
Create an Innovation Program that reviews and rewards employees for creative and innovative ideas that save the organization time and money. Explore other ideas such as Innovation Labs, etc.

Business Improvements

6.4 Empower Strike Teams
/ Interdepartmental
Work Groups

Create a Strike Team Model to accelerate implementation of improvements to internal processes across the organization.

Empower the Strike Team with the authority to review systems, processes and technology and make improvements.

Hire a Business Process Team (under Special Projects in CMO) to lead Strike Teams, document and realign key business processes (e.g., payroll, onboarding, staff report writing, technology acquisition) to affect efficiency and effectiveness of technology and practices/systems. Provide and coordinate staff training on processes.

6.5 Provide Training on
Common
Administrative
Practices & Procedures
Employees and managers need to know how to process a contract, pay an invoice, start a recruitment, utilize an eligibility list, or prepare an evaluation.

Create user guides, screen shots, and training manuals to help staff navigate the processes and procedures that are required for HR, IT, Contracts and Finance. Videos and training sessions should also be explored.

6.6 Maximize Intranet as
an Employee Resource
Review and revamp as necessary, the City’s Intranet (i.e. SharePoint and Microsoft Suite of services), to create a vibrant, well organized, and content rich system for employees and managers to access and utilize.

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Identify an owner of these systems and complete buildout and deployment. Provide departments access to update within guidelines and naming conventions. Examples of content include training videos, communication templates, access to employee benefit resources, documentation of common processes.

6.7 Implement Business
Practice Improvements
in Finance, Information
Technology, Payroll, HR
and Contracts

Prioritize implementation of these services to support efficient operations across the organization:

Finance / Payroll -- Establish implementation deadlines for:

1. On-line electronic timesheets for Payroll integrated with the City’s financial management system.

2. ERMA modules implementation
Information Technology -- Prio ritize implementation of basic services to support efficient operations across the organization:

1. File sharing - Consistency software and retention conventions across the organization.

2. TEAMs - Deployment of full capabilities with access when working on-site or remotely.

3. Cell phones - Consider change in cell phone policy that allows for reimbursement v. City issued cell phones.

4. Work Order System – Enhance transparency to provide departments with estimated time of service delivery and status on IT service requests.

Contracts -- En hance common processes with modern templates and software.

1. Request for Proposals / Purchasing solicitations – Deploy standard templates for various types of RFPs and solicitations.

Ensure vendor quality and performance is integrated into consistent purchasing solicitation processes throughout organization.

2. Vendor performance standards – Establish basic standards to ensure satisfactory service from City vendors.

Signature Authority – Update levels of signing authority for City Manager and City Attorney to levels similar to other organizations of Berkeley’s complexity. Allows for greater efficiency and effectiveness in business processing. A quarterly report can be provided to Council to ensure transparency.

1. City Manager Signing Authority -- In crease City Manager’s signature authority from $50,000 to a minimum for $100,000.

Conduct a study of other similar size municipalities to learn about the practices of other agencies in this authority for additional increase.

2. City Attorney Settlement Authority – Increase City Attorney’s signature Authority from $15,000 for an individual liability claim to $50,000. Conduct a study of other similar size municipalities to learn about the practices of other agencies in this authority for additional increase.

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BERKELEY – EMPLOYER OF CHOICE ROADMAP PAGE | 25

APPENDIX A: Compensation & Benefits – Organizational Feedback COMPENSATION & BENEFITS – ORGANIZATIONAL FEEDBACK
Compensation and benefits are key ingredients in the attraction and retention of employees. There was a range of feedback provided to MRG regarding Berkeley’s competitive position in the marketplace and compensation. Many employees and managers participating in interviews and focus groups raised concerns about aspects of the City’s compensation portfolio. During MRG’s interviews and focus groups, comments and suggestions were collected, and themes developed regarding compensation and benefits.

These items are subject to bargaining with labor unions and require negotiations and/or a meet and confer process. In addition, many compensation concerns require additional research and analysis before recommendations could be developed which was beyond the scope of this study. For these reasons, MRG did not include compensation and benefits recommendations within the formal Roadmap. However, these items should be reviewed by the City and labor as negotiations are initiated.

The City does not have a formal compensation policy or philosophy for the City as a whole that supports benefit structure and continuity across all labor groups.

Many non-salary benefits have been negotiated over time by each individual labor group creating inconsistencies among labor groups. These different levels create perceptions of unfairness. In addition, these individual differences create added administrative complexity for the Human Resources Department, Auditor’s Office and Finance Departments. It takes time to align core benefits across all labor groups, but the gains are worth the work for the employee and the organization.

Below are comments and themes provided to MRG during interviews and focus groups.

SALARY
 Many concerns from employees, labor groups, and management regarding base salary levels for all levels of employees a nd compaction issues. Very difficult to recruit and retain specialized technical positions such as engineers, information technology staff, public safety, and electricians. MRG was told of numerous instances where prospective candidates chose to not accept employment offers from Berkeley based on the salary and benefits offered.  Employees that worked in the office during COVID versus remotely feel that there should be some financial appreciation for th eir work.
 Explore mechanisms to allow an employee to be moved to a higher step based on equity, retention, or performance. Re view longevity pay or retention
differentials as tools to retain employees at key intervals.

BENEFITS
Benefits – Co mprehensive Review
 Consider a comprehensive review of benefits looking forward to what employees value now versus when the current benefit system was developed decades ago. Employees are generally seeking more value now versus the value for a future retirement (which will be less for PEPRA employees).  Consider making benefit levels that same for all employees for as many basic health and wellbeing benefits as possible. This would simplify benefit administration and remove equity concerns.

Retirement – P
ERS
 Concerns remain regarding the ramp down and equalization of Classic and PEPRA for existing and prospective employees.

Health Related Benefits
 Medical Benefits – Deep appreciation for the rich health benefit with limited co-pays.  Vision -- No
vision plan offered by City except to IBEW Local 1245. Relatively inexpensive benefit. High interest from employees.

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BERKELEY – EMPLOYER OF CHOICE ROADMAP PAGE | 26

Leave Benefits
 Vacation Leave – Various ideas offered for vacation leave.  Leave Accrual Rates – Concerns about th
e rate of accruals at various years of service.
 Lateral Hires -- Interest in being able to offer seasoned public employees coming from other agencies with higher level of vacation leave as a starting point.

Want to attract seasoned lateral talent without starting over with only 2 weeks of vacation leave. Explore way to provide years of service credit from other public agencies into Berkeley’s leave accrual rates. (Ability to hire lateral police and fire personnel is critical.)  Desire for vacation cash out with management of leave caps.  Administrative Leave – Administrative Leave is low (50 hours/year) compared to other agencies. Most Bay Area agencies provide higher hours of Administrative Leave to recognize the additional hours of work provided by management and professional staff including commission, committees and other night meetings while being exempt from overtime.
 Family / Elder Care Leave – No City paid Family Leave and Elder Care leave in place. Current practice allows for 1 year of leave with no pay and City provided medical benefits.

Commuter S ubsidy and Employee Parking Benefits
 Transit / Parking Benefits -- Extensive frustration and comments regarding the Commuter Subsidy and employee parking. A review and update of parking and transit programs and benefits would be well received by employees.  While the City wants to encourage public transit for environmental sustainability, it’s not convenient nor usable by many employees based on where they live.
 Parking is cumbersome and costly for employees working downtown. Many employees park many blocks away from City Hall to ensure free parking. When it is dark outside, staff doesn’t always feel safe walking to and from their vehicle. Employees stated that the convenient City Center lot frequently has capacity that is underutilized, but the cost is too high for employees without some City subsidy.  Enhancements to the parking and transit benefits can be seen as a way to recognize the efforts of employees who are coming into the office every day and have extra costs associated with their work for the City of Berkeley.

Miscellaneous Be nefits
 Gym / Health Membership – The City pays for YMCA membership located in Berkeley. Consider providing benefit to employees using gyms outside of Berkeley.  Employee Assistance Program – Provide additional mental health visits under base contract.

Management Ben efits
 Interest in exploring car allowance, performance bonus, additional Administrative or Management Leave, enhanced wellness program, a sabbatical after determined term of service.

JOB CLASSIFICATION
 Many job classifications are outdated in terms of titles, requirements and descriptions of duties with affects o n recruitment and promotional opportunities.

Specifically, MRG heard concerns raised regarding Information Technology and Public Health.

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BERKELEY – EMPLOYER OF CHOICE ROADMAP PAGE | 27

APPENDIX B: MRG CONSULTANT FIRM / TEAM
Municipal Resource Group, LLC is an experienced, full-service consulting firm dedicated to assisting client agencies in attaining their strategic goals. MRG was founded in 2009 by highly skilled and broadly experienced professionals. MRG has a team of professionals who work to address challenges for both public and private sector clients. Our consultants have extensive experience in all aspects of Organizational Assessment & Development, Human Resources, including staffing and effectiveness analyses. Our team is experienced in working with elected officials, agency executives, managers, and staff.

Project Team:

 Full-service professional management consulting firm with over 60 affiliated consultants.  Offices in Sacramento and Southern California.
 Deep HR and organizational development expertise.
 Deliver transformational solutions to
leadership, governance, human resource, financial management and other complex organizational challenges.
 Help agencies rethink historic practices and review what is possible within agency-specific rules and standards.

Trusted Advisor
Commitment to Public Service
Partnership for Impact
Management Practitioners +
Leadership Coach Team
Strategic Organizational
Development

CRAIG WHITTOM
Consultant
 31 years - local government
 Retired DH & Assistant City
M
anager
 Driver of actionable service
delivery improvements

MARY EGAN
Managing Partner/CEO
 Executive Coaching,
Workplace Investigation, &
Crisis Navigation
 Delivering truth to
governing boards/leaders
to solve complex problems

CATHY CAPRIOLA
Project Manager
 30 years – local government
 Retired City Manager
 O
rganization Development,
Leadership & Team Coaching
 Developer of people &
organizations to the next tier

MARCIE SCOTT
Consultant
 20 years as HR Director &
Manager in cities
 Seasoned guide for
personnel management &
employee relations

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Office of the City Manager

CONSENT CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, City Manager
Submitted by: Dee Williams-Ridley, City Manager
Subject: Resolution Terminating the Proclamation of Local Emergency Issued Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19); and discussion and possible action on the City’s eviction moratorium.

RECOMMENDATION
Adopt a Resolution terminating the proclamation of local emergency issued due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19); and discuss and take possible action regarding the City’s eviction moratorium.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County declared a local health emergency. The Proclamation of Local Emergency empowered the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such local emergency.

Pursuant to Government Code section 8630(b) and Berkeley Municipal Code section

2.88.040.A.1, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69,312-N.S.

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Pursuant to Government Code section 8630(c), the City Council reviewed the need for continuing the local emergency at least once every sixty (60) days. The City Council last reviewed and ratified the Proclamation of Local Emergency on January 31, 2023.

The Council therefore must review the continuing need for the local emergency by April 1, 2023, if the Council wishes to continue the local emergency. The Council’s last scheduled regular meeting before April 1, 2023, is March 21, 2023.

If at any time the Council determines that the need for continuing the local emergency has ended, state law directs the Council to terminate the local emergency at the earliest possible date that conditions warrant. (Cal. Gov. Code section 8630(d).) While COVID-19 remains prevalent in the community, the City has made significant progress in addressing the impacts of COVID-19, including a reduction in the rates of hospitalization and death, as well as a citywide vaccination rate of at least ninety-four percent (94%). Governor Gavin Newsom has announced that the statewide COVID-19 State of Emergency will end on February 28, 2023. To stay consistent with state actions, it is recommended that the City Council terminate the local emergency.

The City’s eviction moratorium, which has been in place since March 17, 2020, will expire upon the termination of the local emergency. (BMC § 13.110.030.A.) The City Council may vote by resolution to extend the duration of the eviction moratorium beyond the end of the local emergency. (Id.)

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency. The City Council has subsequently reviewed and ratified the Proclamation of Local Emergency on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

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RATIONALE FOR RECOMMENDATION
The Resolution would determine that current conditions warrant the termination of the local emergency declared due to the spread of COVID-19, and thereby terminate the local emergency, aligning with the termination of the statewide COVID-19 State of Emergency declared on February 28, 2023.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dee Williams-Ridley, City Manager, City Manager’s Office (510) 981-7000 Attachments:
1: Resolution

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RESOLUTION NO. –N.S.

RESOLUTION TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630, such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, Berkeley Municipal Code section 2.88.040 provides that the City Manager, serving as the Director of Emergency Services, may request that the City Council proclaim the existence of a local emergency; and
WHEREAS, under provision of local law, if the City Council cannot be convened and, in the judgment of the Director of Emergency Services, the circumstances warrant it, a proclamation of local emergency may be issued which must be ratified or nullified by the City Council within seven days of issuance; and
WHEREAS, in accordance with authority granted under the above provisions of state and local law, the Director of Emergency Services beginning on March 3, 2020 did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69,312-N.S.; and WHEREAS, Government Code section 8630(c) requires that the City Council review the need for continuing the local emergency at least once every sixty (60) days; and WHEREAS, the City Council subsequently reviewed the need for continuing the local emergency and again ratified the Proclamation of Local Emergency on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023; and
WHEREAS, Government Code section 8630(d) requires that the City Council proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and

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WHEREAS, while COVID-19 remains prevalent in the community, the City has made significant progress in addressing the impacts of COVID-19, including a reduction in the rates of hospitalization and death, as well as a citywide vaccination rate of at least ninety- four percent (94%); and
WHEREAS, the City will continue to monitor the effects of COVID-19 in the community; and
WHEREAS, Governor Gavin Newsom has announced that the statewide COVID-19 State of Emergency will end on February 28, 2023; and
WHEREAS, current conditions warrant the termination of the local emergency; and WHEREAS, based on the current conditions in the City of Berkeley related to COVID-19, and to stay consistent with state actions, it is recommended that the City Council terminate the local emergency.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that it is hereby proclaimed and ordered that the Proclamation of Local Emergency, issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the City Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023 is hereby terminated.

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Youth Commission

ACTION CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Youth Commission
Submitted by: Nina Thompson, Chair, Youth Commission
Subject: Adding a youth member to the Environment and Climate Commission

RECOMMENDATION
That Council adds a seat on the Environment and Climate Commission for a person under 18 years of age; and that Student Director on the Berkeley Unified School Board nominates the new youth commissioner and that the full board confirms the appointment.

POLICY COMMITTEE RECOMMENDATION
On January 30, 2023, the Agenda and Rules Committee adopted the following action:

M/S/C (Arreguin/Bartlett) to send the items from the Youth Commission, Environment and Climate Commission, and Councilmember Harrison to the City Council with a qualified positive recommendation that the item proposed by Councilmember Harrison be adopted as revised to state that the full City Council will appoint the members to the two youth seats on the Environment and Climate Commission, and that the Berkeley Unified School District Board of Directors will provide recommendations to the City Council on candidates for the youth seats. Vote: Ayes – Bartlett, Arreguin; Noes – None; Absent - Hahn.

FISCAL IMPACTS OF RECOMMENDATION
No fiscal impact.

CURRENT SITUATION AND ITS EFFECTS
Currently, the only youth involvement in city policymaking is the Youth Commission. The Youth Commission is an important and powerful voice for youth in our city. Youth are affected by every policy decision made by the City Council, in particular, decisions to do with climate change. Youth will be affected by the decisions we make now for the rest of their lives, but are not seriously involved in making those decisions. The current Climate and Environment Commission has no designated seat for youth. This means that the commission lacks the valuable lived experience and perspectives of youth. It is imperative that youth’s voices are considered when addressing climate change.

Youth Commission Meeting Monday, May 9, 2022
Action Item: Adding a youth member to the Environment and Climate Commission M/S/Kaplan-Pettus/Thompson: Aye’s: Weisberg, Kaplan-Pettus, Chokkalingam, Schlosberg, Thompson, Powell, and Jay. Noe’s: None. Abstain: None. Absent: Sanders

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Adding a youth member to the Environment and Climate Commission ACTION CALENDAR February 28, 2023

BACKGROUND
In 1979 the City Council, by establishing the Youth Commission, recognized the importance of elevating the voices of young people in the city policy process. The enabling legislation of the Youth Commission states that the goal of the commission is to “give youth a voice in effecting City policy and services”. Since that time, the Youth Commission has done its best to navigate city policy bureaucracy and elevate the needs of youth in our city. However, youth voices have been lacking in the majority of city policy decisions.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
There are no direct environmental impacts of this proposal. However, youth have the most to lose from the future of our environment and decisions about sustainability and hence should have a seat at the table when discussing environmental policy.

RATIONALE FOR RECOMMENDATION
The proposal would expand youth involvement in city policymaking and better fulfill the vision laid out in the enabling legislation of the Youth Commission.

The Environment and Climate Commission will benefit from the youth perspective. The youth member will help the commission understand the needs and capabilities of youth in our city. The youth member will help the commission to harness the power of young people’s experiences to better fulfill their mission.

Young people will need to be part of our city’s, and our world’s, long-term environmental approach. This young person should not be tokenized but should be a full voting member of the commission. The commission should be required to fully engage youth in their planning process. The only way to ensure youth have a fair voice on the commission is if they are treated with respect and dignity by being allowed to fully participate and vote on all matters before the commission. If the city fails to give the youth member of the commission a full vote they risk the commission ignoring young people’s perspectives on this critical issue.

We recommend that the Student Director on the Berkeley Unified School Board nominates the youth commissioner and that the full board confirms their choice.

This will better ensure that the representative is in line with the interests of the youth and reduce the risk of over politicization of the appointee.

ALTERNATIVE ACTIONS CONSIDERED
We also considered the City of Berkeley Youth Commission appointing the new youth commissioner to the Environment and Climate Commission. We would support this if council feels it is a better approach.

CITY MANAGER
The City Manager supports youth participation in the City’s boards and commissions.

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Adding a youth member to the Environment and Climate Commission ACTION CALENDAR February 28, 2023
 Raise the lower end of the age range from 12 to 14 or limit the designated seats to high school students. Commissions often meet until 9pm or 10pm in the evening, which may be difficult for middle school students. If the students are not able to attend regularly for the duration of the meeting, their absence can affect the quorum of the commission and the commission’s ability to conduct business.
 Modify the ECC enabling legislation to require that one or two of the nine seats on the ECC to be filled with a “student” as defined. There are other city commissions that have reserved seats for certain interest groups or categories of commissioners (Mental Health Commission, Design Review Commission).
 Consider adding the additional seats as part of a pilot program or add a sunset date to evaluate the impact and effectiveness of the additional reserved appointments to determine if permanently expanding the membership is the best course of action.  Clarify the intent to limit this practice to the ECC. Significant expansion of this practice would cause a large shift in how commission appointments are made and could result in requests for reserved seats from other agencies or interest groups.

CONTACT PERSONS
Nina Thompson, Chair, Youth Commission
Ginsi Bryant, Secretary, Youth Commission, 981-6678
Attachments:
1: Resolution

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RESOLUTION NO. ##-###

AMENDING THE ENABLING LEGISLATION OF THE ENVIRONMENT AND CLIMATE COMMISSION (3.82) TO: ADD A SEAT TO THE ENVIRONMENT AND CLIMATE

COMMISSION
WHEREAS, Youth (persons under 18 years of age) are unable to vote in council or mayoral elections; and
WHEREAS, youth (persons under 18) are not represented in the City of Berkeley Environment and Climate Commission; and
WHEREAS, the voices of youth (persons under 18) have valuable ideas for policy; and WHEREAS, youth (persons under 18) are capable of serving and participating in city commissions; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley amends the enabling legislation of the Environment and Climate Commission (Section 3.82) to:

1. Add a seat to the Environment and Climate Commission.

2. The Berkeley Unified School District Board of Directors Student Director shall nominate the new youth commissioner.

3. The Berkeley Unified School District Board of Directors shall confirm the appointment to the Environment and Climate Commission,

4. The following desirable criteria may guide, but not restrict, the Berkeley Unified School District Board of Directors in making appointments:
a) To be residents of the City;
b) To be between the ages of twelve and eighteen;

5. The youth commissioner shall serve for no more than two years on the Environment and Climate Commission as the appointee of the Berkeley Unified School District.

6. The youth commissioner may continue to serve on the Environment and Climate Commission in the event they are no longer between the ages of 12-18.

7. The youth commissioner may be re-appointed in accordance with the provisions of Sections 2.04.030 through 2.04.130.

8. The youth commissioner shall be a fully-appointed member of the Environment and Climate Commission.

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Environment and Climate Commission
1947 Center Street, First Floor, Berkeley, California 94704 ● TEL: (510) 981-7432 ● FAX: (510) 981-7470● TDD: (510) 981-6903 e-mail: [email protected] Website: https://berkeleyca.gov/your-government/boards- commissions/environment-and-climate-commission

ACTION CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Environment and Climate Commission (ECC)
Submitted by: Ben Gould, Chairperson, ECC
Subject: Support for Youth Appointee to Environment and Climate Commission

RECOMMENDATION
Refer to the City Manager to evaluate the feasibility of, and subsequently prepare draft legal language to enable, a tenth voting Environment & Climate Commission (ECC) member, representing youth, nominated by a suitable body or individual and confirmed by a suitable board of elected officials.

If feasible, the ECC recommends that a youth representative be nominated by the BUSD Student Director and confirmed by the full BUSD Board of Directors, in alignment with the recommendation passed by the Youth Commission.

POLICY COMMITTEE RECOMMENDATION
On January 30, 2023, the Agenda and Rules Committee adopted the following action:

FISCAL IMPACTS OF RECOMMENDATION
Some staff time to review existing law and develop proposal. If enacted, having an additional ECC commissioner could result in slightly increased demands on staff time for ECC.

CURRENT SITUATION AND ITS EFFECTS
With no youth voice on the Environment and Climate Commission, City staff and commissioners lack valuable perspective and insight into the perspectives of an important community demographic, which stands to be the most significantly impacted by the Commission’s recommendations and City action (or lack thereof) on climate and environmental issues.

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Youth Appointee to Environment and Climate Commission ACTION CALENDAR February 28, 2023

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Historically, the ECC’s predecessor commissions have been unsuccessful in engaging youth constituencies and stakeholders. Without youth perspectives, City policymaking is biased towards community members who have the time and resources to engage in local governance – typically older, wealthier residents, who are unlikely to directly experience some of the longer-term environmental consequences of climate policy.

The feasibility analysis and draft language from City staff should consider existing law in BMC 2.04.030 through 2.04.120, including:
 BMC 2.04.050, which establishes commissions at nine members,  BMC 2.04.060 and related provisions, which restricts appointments to individual City Council members,
 BMC 2.04.140 and 2.04.145, which requires affidavits of residency for all commissioners, and
 BMC 2.04.040 (B) (2), which provides provisions for City Council majority appointment where the number of commission members is greater than nine.

At the Environment and Climate Commission meeting of Wednesday, September 28, 2022, ECC voted 6-2-0-0 to: Approve recommendations in support of Youth Member proposal and recommend one appointee nominated by BUSD Student Director and confirmed by the full BUSD Board of Directors, in alignment with the original May 9, 2022 Youth Commission proposal. M/S/Hedlund/Gould: Ayes: Ranney, McGuire, Tahara, Guliasi, Lunaparra, Gould. Noes: Hedlund, Allen. Abstain: None. Absent: None.

BACKGROUND
The City of Berkeley established a Youth Commission in 1979, with the stated goal of “giving] youth a voice in effecting City policy and services.” However, environment and climate change issues are critical matters affecting all youth, yet youth have no institutionalized process for interacting or engaging with City environmental policy, and City Council has consistently failed to appoint any individuals under the age of 18 to the Environment and Climate Commission (ECC) or its predecessor commissions (the Energy Commission [EC] and the Community Environmental Advisory Commission [CEAC]). To date, the Youth Commission is the primary, and possibly only, City body to which individuals under 18 are appointed on a regular basis.

In May 2022, the Youth Commission passed a recommendation to establish a youth appointee to the ECC. However, the item has not yet been taken up by City Council.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
Supporting greater engagement of marginalized non-voting community members in environmental policymaking will result in more diverse perspectives and likely to produce better policymaking and feedback for staff, improving environmental sustainability overall.

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Youth Appointee to Environment and Climate Commission ACTION CALENDAR February 28, 2023

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RATIONALE FOR RECOMMENDATION
The proposal would expand youth involvement in city policymaking and allow ECC to better reflect and represent the broad interests of the community, without imposing an undue burden on City staff, Council, or otherwise impairing the functioning of the commission.

ALTERNATIVE ACTIONS CONSIDERED
The ECC considered asking the Youth Commission to send a nonvoting liaison to bridge the two commissions, but determined that a nonvoting position limited to public comment was unlikely to be effective at recruiting and sustaining interest from young people.

The ECC considered having the youth member be nominated by the Youth Commission and approved by the City Council, but determined that BUSD was better equipped to engage a wide range of students and youth, and having BUSD make the appointment would align with Berkeley’s laws allowing 16- and 17-year-old youth to vote in School Board elections.

CITY MANAGER
The City Manager supports youth participation in the City’s boards and commissions.

Currently, a student/youth in Berkeley may be appointed by the Mayor or a Councilmember to 26 of the City’s 30 commissions. With regards to expanding the number of seats on the Environment and Climate Commission (ECC) to reserve seats for persons between 12 and 19 years old, there are some potential alternatives or considerations that the Council may wish to weigh.
 Raise the lower end of the age range from 12 to 14 or limit the designated seats to high school students. Commissions often meet until 9pm or 10pm in the evening, which may be difficult for middle school students. If the students are not able to attend regularly for the duration of the meeting, their absence can affect the quorum of the commission and the commission’s ability to conduct business.  Modify the ECC enabling legislation to require that one or two of the nine seats on the ECC to be filled with a “student” as defined. There are other city commissions that have reserved seats for certain interest groups or categories of commissioners (Mental Health Commission, Design Review Commission).
 Consider adding the additional seats as part of a pilot program or add a sunset date to evaluate the impact and effectiveness of the additional reserved appointments to determine if permanently expanding the membership is the best course of action.  Clarify the intent to limit this practice to the ECC. Significant expansion of this practice would cause a large shift in how commission appointments are made and could result in requests for reserved seats from other agencies or interest groups.

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Youth Appointee to Environment and Climate Commission ACTION CALENDAR February 28, 2023

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CONTACT PERSON
Ben Gould, Chair, Environment and Climate Commission
Billi Romain, Secretary, Environment and Climate Commission

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Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

ACTION CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission

RECOMMENDATION
Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission.

POLICY COMMITTEE RECOMMENDATION
On January 30, 2023, the Agenda and Rules Committee adopted the following action:

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION Berkeley’s high school aged youth stand to inherit a planet devastated by the escalating climate emergency, yet are currently unable to vote in local, state, and federal elections.

Global warming is an existential issue that encompasses nearly all ecological, political and socio-economic issues. This decade is widely considered pivotal in determining the ultimate severity of warming. Berkeley’s Commission system is a critical avenue for engaging with and impacting the local legislative process. While Council is technically permitted to appoint such youth as members of the Environment and Climate Commission, there is currently no formal process for encouraging and facilitating the Berkeley Unified School District (BUSD) Board to formally recommend to Council members to the Commission. Unlike the Council, the BUSD Board includes a Student Director that directly represents students. Consistent with existing processes for the Youth and Peace and Justice Commissions, and given the importance of environmental and climate issues to youth, it is in the public interest to provide high school-aged youth

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Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission

ACTION CALENDAR
February 28, 2023
with two permanent voting seats on the Commission to be appointed by the full Council with candidates recommended by the BUSD Board.

BACKGROUND
Currently, the only formalized Commission-based youth involvement in City policymaking are the Youth and Peace and Justice Commissions. Over the past year, youth have organized and mobilized to petition the Council to add an additional voice for youth on issues of the environment and climate.

In 2022, both the Youth and Environment and Climate Commissions have formally endorsed the concept of adding voting membership for high school-aged youth on the Environment and Climate Commission.1
This item includes an ordinance, drafted in consultation with the Clerk and City Manager’s offices. The proposed amendments to BMC 3.82 would accomplish the following:
 adds two seats to the Commission to be appointed by Council as a body upon recommendation of candidates by BUSD, with a preference for appointees who are residents of the City (while recognizing that some students may live outside of the district), between the ages of sixteen and twenty-five (while providing ultimate discretion to the Council consistent with current procedures on the Youth and Peace and Justice Commissions), and a demonstrated commitment or interest in the work of the Commission;
 provides for BUSD Board to appoint one of its Board members as a non-voting liaison representative to the Environment and Climate Commission.

This ordinance is being proposed on its own merits and following consultation with the Clerk’s and City Manager’s offices. Adoption of this ordinance is in no way intended to endorse the concept of amending other Commissions to include BUSD appointments.

This item also recognizes and appreciates that expanding membership of Commissions is not without impact to Clerk staff time and resources.

ATTACHMENTS

1. Ordinance Amending Berkeley Municipal Code Chapter 3.82

FISCAL IMPACTS OF RECOMMENDATION
City Clerk staff time is needed to adopt procedures related to appointing and verifying the status of Council appointed members.
1 Environment and Climate Commission Minutes, September 28, 2022 https://berkeleyca.gov/sites/default/files/legislative-body-meeting-minutes/ECC2022-09- 28_Minutes.pdf; Agenda Regular Meeting of the Environment and Climate Commission, September 28, 2022, https://berkeleyca.gov/sites/default/files/legislative-body-meeting-agendas/2022-09- 28_ECC_Agenda%20-%20Packet_0.pdf.

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Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission

ACTION CALENDAR
February 28, 2023

ENVIRONMENTAL SUSTAINABILITY
There are no direct environmental impacts of this proposal. However, the City legislative process would benefit from more robust youth participation.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

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ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 3.82 MODIFYING

MEMBERSHIP AND APPOINTMENT PROCEDURES FOR THE

ENVIRONMENT AND CLIMATE COMMISSION
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 3.82 is amended to read as follows:

ENVIRONMENT AND CLIMATE COMMISSION
Sections:

3.82.010 Established--Membership--Appointment.

3.82.020 Council representative as commission liaisons - Functions.

3.82.030 Organization, meetings, rules and procedures.

3.82.040 Functions.

3.82.10 Established--Membership--Appointment.

A. An Environment and Climate Commission is established. The commission shall consist of nine eleven members. Appointments to the commission shall be made, and vacancies on the commission shall be filled, in accordance with the provisions of Sections 2.04.030 through 2.04.130. City Council shall appoint representatives with appropriate expertise and demonstrated commitment to the areas outlined in the functions section 3.04.40.

A.B. One member of the Commission shall be appointed by each City Councilmember, Appointments to the commission shall be made, and vacancies on the commission shall be filled, in accordance with the provisions of Sections 2.04.030 through 2.04.130. City Council shall appoint representatives members with appropriate expertise and demonstrated commitment to the areas outlined in the functions section

3.0482.040.

B.C. Two members of the Commission shall be appointed by the Berkeley City Council as a body with candidates recommended by the Berkeley Unified School District Board of Directors and subject to the following:
(1) The following desirable criteria may guide, but not restrict, the Council in appointing candidates to the Commission:
i. Appointees to be residents of the City;
ii. Appointees to be between the ages of sixteen and twenty-five; (2) Appointees shall have demonstrated commitment or interest in the areas outlined in Section 3.82.040.

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C.D. B.For purposes of determining term limits under Section 3.02.040, a commissioner's service on the Energy Commission or the Community Environmental Advisory Commission shall be counted toward their service upon their appointment to the Environment and Climate Commission.

3.82.020 Council representative as commission liaison.

The City Council and School Board may appoint one of its members to act as a non- voting, uncompensated liaison representative to the Environment and Climate Commission. The functions of such liaison representatives are:

A. To attend meetings of said commission;
B. To advise the Council and School Board of the background, reasons and rationale behind decisions and recommendations of said commission; and C. On request of any member of said commission, to advise the commission of policies, procedures and decisions of the council and School Board that may bear on matters under discussion by the commission.

3.82.030 Organization, meetings, rules and procedures.

A. The commission annually shall elect one of its members as the chairperson and one of its members as the vice-chairperson. One or more officers or employees of the City designated by the City Manager shall serve as secretary of the commission.

B. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of commission meetings shall be as determined by City Council Resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting and should be expedited on the City Council's agenda, or in the alternative, placed before the Agenda Committee for approval.

C. The commission may make and alter rules governing its organization and procedures which are consistent with this Chapter or any other applicable ordinance of the City.

D. A majority of the members appointed to the commission shall constitute a quorum and the affirmative vote of a majority of the members appointed is required to take any action.

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E. The commission shall keep an accurate record of its proceedings and transactions.

3.82.040 Functions.

The Environment and Climate Commission shall be an advisory board and shall review and advise the City Council on matters related to emerging issues, policies, projects, programs, planning efforts, activities, and funding of environmental sustainability and climate change mitigation, adaptation and resilience. Its scope will include work to advance the goals of advancing green buildings and resource efficiency; decarbonizing buildings and transportation; engaging and educating the community; addressing the impacts and welfare of all species, including animals, insects, and plants; reducing greenhouse gas emissions; reducing toxics and preventing pollution; and supporting environmental justice.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambersthe Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Lori Droste
Councilmember, District 8

ACTION CALENDAR
February 28, 2023
To: Honorable Mayor Jesse Arreguín and Members of the City Council From: Councilmember Lori Droste
Subject: Reforms to Public Comment Procedures at meetings of the Berkeley City Council Recommendation
Adopt a Resolution revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting and Appendix C Temporary Rules for The Conduct of City Council Meetings Through Video Conference During The Covid-19 Emergency to:

1. Consolidate non-agenda public comment, public comment on the Consent Calendar, and public comment on Action Items into a single public comment period toward the start of the Council meeting (consistent with the Berkeley Unified School District’s public comment procedure), and continue to provide for additional time for public comment at the end of meetings;

2. Adopt reasonable limits on the overall number of public speakers (consistent with rulings from the Second District Court of Appeal) with a mechanism for the City Council to extend public comment; and

3. Rescind Resolution No. 70,091– N.S

POLICY COMMITTEE RECOMMENDATION
On January 30, 2023, the Agenda and Rules Committee adopted the following action: M/S/C (Arreguin/Bartlett) to send the item to the City Council with a negative recommendation that no action be taken on the item. Vote: Ayes – Bartlett, Arreguin; Noes – None; Absent - Hahn.

Current Situation and Its Effects
City Council has occasionally tried to rebalance the City’s approach to public comment at Council meetings to create a more welcoming atmosphere, conduct the people’s business efficiently, and ensure elected officials have time to give items due consideration. Unfortunately, members of the public, applicants/appellants, and staff frequently have to wait for hours before an item is heard or unexpectedly moved to another meeting. This is due to the way public comment was established prior to the tenure of any of the current Councilmembers or the Mayor. This prevents many ordinary people, particularly those who have small children or work long hours, from having a reasonable opportunity to provide public comment and hear the Council deliberate. It also deprives the Council of the time needed for adequate consideration of items, especially major policy efforts, and frequently pushes important items to future meetings.

Background and Rationale
Pursuant to the Brown Act, Section 54954.3, members of the public shall be afforded the opportunity to speak on any agenda item of a substantive nature providing they are first recognized by the presiding officer. City Council greatly values input and comment from a broad

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cross-section of the public on legislative matters. The City of Berkeley and Councilmembers appreciate and admire the dedication of the many mainstays at public comment. Nevertheless, other community members often feel overwhelmed and intimidated by the prospect of enduring hours-long City Council meetings, not just to provide public comment but to even hear the Council’s discussions. Having to wait through hours of public comment (much of which is often duplicative) before one gets to participate and/or hear the position of one’s elected representatives is neither fair, equitable, nor good for democracy.

Public comment and Council procedures have undergone iterations before. Most recently, Mayor Arreguín offered a very successful and equitable amendment to require three councilmembers to agree to pull an item from the consent calendar to the action calendar, instead of one councilmember or four public speakers. This change dramatically helped meetings run smoother and ensured that uncontroversial and broad-consensus consent calendar items were not subject to attempts at obstructionism or unduly long debates which extended meeting times.

Even with that positive change, the current approach to public comment ironically does not likely widen opportunities for civic engagement; but instead serves to preclude a more representative sample of participants—as political scientists from Boston University have found. Currently, many residents must wait for extended periods of time in order to provide public comment on specific legislation, since no specific times are available for when a piece of legislation will be heard. This means that people who may care deeply about a particular issue are discouraged from participating in favor or those who have a general interest in speaking and the time to sit through the entirety of a meeting. Although their commitment and interest are commendable, such individuals are not necessarily representative of the broader public.

The Brown Act actually provides leeway for the City to consider other approaches to public comment. Under the Brown Act, the City must allow the public to comment on any agenda item; and there are certain items that require ensuring public comment from all interested parties (e.g., quasi-judicial proceedings and public hearings where due process demands allowing comment from all participants). But for most items, the Brown Act permits agencies to limit the amount of time for public comment on any given item, provided that such limits are content- neutral. For example, for most Council items, the City Council would be permitted under the Brown Act to impose a 10-minute limit on public comment, comprising ten speakers with one minute each, with the speakers determined on a lottery or first-come, first-served basis.

Alternatively, the City Council could also adopt a content-neutral limitation on the number of speakers for a general public comment period at the start of each meeting which covers all agenda and non-agenda comments—as proposed in this item.

In its decision in the 2018 Ribakoff v. City of Long Beach, et al. decision, the Second District Court of Appeal ruled in part:
“On the other hand, having no limit on either the length of any particular presentation by a member of the public or on the number of public speakers (or on the total time for public comment) has the potential for endless discussion—given the potential that there will be a far greater number of members of the public who may wish to speak to an issue than there are staff and guests who make presentations concerning it. The number of staff and invited guests speaking on a topic will clearly be limited; the potential for public speakers is potentially extensive and needs some reasonable limitation.

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We do not suggest that members of the public may not have expertise, or that their presentations would be of lesser value than those of the invited, expert staff and guest speakers, only that their number must be considered in weighing the time allotted to public participation. Indeed, this concern was a factor in shaping the text of Government Code section 54954.3 as it moved through the Legislature with amendments to the Brown Act adopted in 1986. On the one hand, the Legislature declared the importance of open governance and the public’s right to participate. On the other, it validated enactment of limits on public speakers so that the business of government could function. (Gov. Code, § 54954.3.)23[emphasis added]” Members of the public would still have ample additional means of addressing their concerns to councilmembers, including in-person meetings and office hours, written correspondence, emails, telephone calls, and social media/online platforms. Although it is beyond the scope of this item, the City may also wish to explore expanding and enhancing Berkeley Considers to provide a new platform for community members to provide comments on upcoming Council items. Berkeley could potentially pioneer having a “one-stop shop” for members of the public to provide feedback on upcoming Council items and have that feedback delivered to Council in a formalized and easily visualized format.

Best Practices
Berkeley Unified School District
The Berkeley Unified School District has adopted a practice that is likely more conducive to allowing a broader participation of residents in the civic process. There are two opportunities for public comment, one at the beginning and one at the end of the meeting. By allowing public comment at the beginning of the meeting, individuals do not have to wait for hours for an item with an unknown start time. And In other cities, the presiding officer can limit individual presentations, the amount of time allotted for public input, and/or limit the number of speakers with similar positions. This item proposes to use the approach used by BUSD.

Fiscal Impacts
De minimis costs for staff to revise local and public-facing digital copies of the City Council’s Rules of Procedure and time and materials costs for any printing of physical copies.

Long-term fiscal impacts are speculative, but reduced Council and staff time for the receipt and management of in-person and virtual public comment have a strong potential to reduce City costs. The cost reductions would be highly variable depending on the number and nature of staff present at any given City Council meeting.

Alternative Actions Considered
Alternative Actions include but are not limited to:
 Leaving existing public comment policies and procedures unchanged.  Adopting a limit on the number of public speakers for each item.

These options were rejected in favor of the more “tried and true” approach currently used by the Berkeley Unified School District, as well as other jurisdictions and agencies across California.

Contact Person
Councilmember Lori Droste (legislative aide Eric Panzer) [email protected]
Phone: 510-981-7180

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RESOLUTION NO ##,###-N.S.

RE-ADOPTING THE CITY COUNCIL RULES OF PROCEDURE AND ORDER AND RESCINDING RESOLUTION NO. 70,091–N.S.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the revised sections of the City Council Rules of Procedure and Order attached hereto as Exhibit A shall replace wholesale the corresponding sections of the existing City Council Rules of Procedure and Order attached hereto as Exhibit B and incorporated by reference.

BE IT FURTHER RESOLVED that the revised City Council Rules of Procedure and Order (Exhibit B as amended by Exhibit A) shall govern all proceedings of the City Council therein described, subject to the exceptions and deviations provided for in such rules.

BE IT FURTHER RESOLVED that violation of these rules shall not be construed as a penal offense, except as provided for by the adopted Rules of Procedure and Order.

BE IT FURTHER RESOLVED that the Council shall review its Rules of Procedure and Order in March of each odd-numbered year per April 26, 2016 City Council action.

BE IT FURTHER RESOLVED that Resolution No 70,091–N.S. is hereby rescinded.

Exhibits
Exhibit A: Sections of the City Council Rules of Procedure and Order to be revised Exhibit B: Existing City Council Rules of Procedure and Order

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Exhibit A: Sections of the City Council Rules of Procedure and Order to be Revised IV.CONDUCT OF MEETING
A. Comments from the Public
Public comment will be taken in the following order:
 An initial ten-minute period of public comment on non-agenda items, the consent calendar, action items (excluding public hearings, appeals, and/or other quasi-judicial matters), and information items, after the commencement of the meeting and immediately after Ceremonial Matters and City Manager Comments.  Public comment on the Consent and Information Calendars.  Public comment on action items, any appeals, and/or public hearings, and/or other quasi-judicial matters requiring extended public comment for due process purposes, as they are taken up under procedures set forth in the sections governing each below.  Public comment on non-agenda items from any speakers who did not speak during the first round of non-agenda public comment at the beginning of the meeting.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. A speaker wishing to yield their time shall identify themselves, shall be recognized by the chair, and announce publicly their intention to yield their time.

Disabled persons shall have priority seating in the front row of the public seating area.

A member of the public may only speak once at public comment on any single item, unless called upon by the Mayor or a Councilmember to answer a specific inquiry, or unless the individual is speaking with respect to a public hearing, a quasi-judicial matter, and/or any other item requiring unrestricted public comment as a matter of due process.

Prior to the general public comment period, the Presiding Officer shall announce any planned changes to the order of the agenda, including any items which are being moved to the Consent Calendar and/or any items that are being removed from the agenda at the prerogative of the Presiding Officer and/or the item’s sponsor(s).

The Presiding Officer will request that persons wishing to speak, line up at the podium, raise their hands on Zoom, or otherwise indicate their intent to speak in order to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking virtually or in person, each speaker may speak for two minutes at the discretion of the Presiding Officer. If there are more than ten persons interested in speaking, the Presiding Officer shall limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one another, however no one speaker shall have more than four minutes.

A maximum of 50 individuals shall be permitted to speak or yield time during the general public comment period. This maximum shall apply whether speakers are virtual, in person, or a combination of the two. In the event that more than 50 individuals wish to speak at a fully virtual or fully in-person Council meeting, speaking opportunities shall be given on a “first come, first served” basis.

In the event that more than 50 individuals wish to speak at a “hybrid” Council meeting (with both a virtual and in-person component), 25 in-person speakers shall be allowed to speak first,

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followed by 25 virtual speakers. For both the virtual and in-person queues, speakers shall be recognized in the order they lined up or provided virtual notification of their intent to speak. If the queue for either type of speaker is exhausted while speakers of the other type remain, the remaining individuals in either queue will be allowed to speak, up to the overall 50-speaker maximum.

The maximum number of speakers/yielders may be increased up to 100 total individuals by a two-thirds (2/3) vote of the City Council. Increases above 100 total individuals speaking or yielding shall require a unanimous vote of the City Council. In no case shall these limits be applied to items which require unconstrained public comment to ensure due process.

These procedures/limits also apply to public hearings except for those which would be precluded by the types of due process public hearings specifically provided for in Section 2, below.

1. Public Comment on Consent Calendar and Information Items.

As described above, public comment on the “Consent Calendar” will be taken as part of the general public comment period at the start of the Council meeting following Ceremonial Matters and any comments from the City Manager.

Prior to this initial general public comment period, Tthe Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar,” and/or move “Consent Calendar” items to “Action.” Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent.” The Council will then take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. A speaker may only speak once during the period for public comment on Consent Calendar and Information items. Following the initial period of general public comment, the three or more members of City Council may still move items from the “Consent Calendar” to “Action,” but Nno additional items can be moved onto the Consent Calendar once public comment has commenced.

At any time during, or immediately after, the initial period of general public comment on Information and Consent items, the Mayor or any Councilmember may move any Information or Consent item to “Action.” Three or more members of the City Council, including the Mayor, may move any Consent Item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

2. Public Comment on Action Items.

After the initial ten minutes of public comment on non-agenda items, public comment on consent and information items, and adoption of the Consent Calendar, the public may comment on each remaining item listed on the agenda for action as the item is taken up.

The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

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If ten or fewer persons are interested in speaking, each speaker may speak for two minutes.

If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.

This procedure also applies to public hearings except those types of public hearings specifically provided for in this section, below.

32. Appeals Appearing on Action Calendar.

With the exception of appeals from decisions of the Zoning Adjustments Board and Landmarks Preservation Commission, appeals from decisions of City commissions appear on the “Action” section of the Council Agenda. Council determines whether to affirm the action of the commission, set a public hearing, or remand the matter to the commission.

Appeals of proposed special assessment liens shall also appear on the “Action” section of the Council Agenda. Appeals from decisions of the Zoning Adjustments Board and Landmarks Preservation Commission are automatically set for public hearing and appear on the “Public Hearings” section of the Council Agenda. The procedures for public comment on appeals from these two bodies and attendant public hearings shall be the same as described below for all other commission appeals.

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal. Where the appellant is not the applicant, the appellants of a single appeal collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment. If there are multiple appeals filed, each appellant or group of appellants shall have seven minutes to comment. Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment. In the case of an appeal of a proposed special assessment lien, the appellant shall have seven minutes to comment.

After the conclusion of the seven-minute comment periods, members of the public may comment on the appeal. Comments from members of the public regarding appeals shall be limited to one minute per speaker. Any person that addressed the Council during one of the seven-minute periods may not speak again during the public comment period on the appeal.

Speakers may yield their time to one other speaker, however, no speaker shall have more than two minutes. Each side shall be informed of this public comment procedure at the time the Clerk notifies the parties of the date the appeal will appear on the Council agenda.

43. Public Comment on Non-Agenda Matters.

Immediately following Ceremonial Matters and the City Manager Comments and prior to the Consent Calendar, persons will be selected by lottery to address matters not on the Council agenda. If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each. If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting.

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Individuals wishing to address the Council about non-agenda matters may do so during the initial period of general public comment, and will count toward the overall limit on the number of individuals making public comment.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.

Persons submitting speaker cards are not required to list their actual name, however they must list some identifying information or alternate name in order to be called to speak.

For the second round of public comment on non-agenda matters, the Presiding Officer retains the authority to limit the number of speakers by subject. The Presiding Officer will generally request that persons wishing to speak, line up at the podium, raise their hand on zoom, or otherwise to be recognized to determine the number of persons interested in speaking at that time. Each speaker will be entitled to speak for two minutes each unless the Presiding Officer determines that one-minute is appropriate given the number of speakers.

Pursuant to this document, no Council meeting shall continue past 11:00 p.m. unless a two- thirds majority of the Council votes to extend the meeting to discuss specified items. If any agendized business remains unfinished at 11:00 p.m. or the expiration of any extension after 11:00 p.m., it will be referred to the Agenda & Rules Committee for scheduling pursuant to Chapter II, Section F. In that event, the meeting shall be automatically extended for up to fifteen (15) minutes for public comment on non-agenda items.

54. Ralph M. Brown Act Pertaining to Public Comments.

The Brown Act prohibits the Council from discussing or taking action on an issue raised during Public Comment, unless it is specifically listed on the agenda. However, the Council may refer a matter to the City Manager.

APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE COVID-19 EMERGENCY
Public Comment Speaking Time
With the exception of prescribed times in the Rules of Procedure for public hearings, the amount of time for each speaker during public comment is limited to twoone minutes maximum and that speakers can only address an agenda item once, however the Presiding Officer has the discretion to reduce speaker time if needed in order to allow the orderly conduct of the meeting, subject to the consent of a majority of the City Council. Speakers may yield their time for a maximum of four minutes per individual. If a speaker wishes to yield their time, they must indicate so when called on by the Presiding Officer and state who they are yielding their speaker time to. The Presiding Officer will keep a list with the names and amount of time yielded to individuals.

In order to inform members of the public of their place in the speaker's queue, the Presiding Officer will call the names of 5 speakers at a time.

Public Comment on Non-Agenda Matters willmay be conducted in the order of hands raised on the Zoom platform or based upon a lottery or similar system, and will be limited to either the first

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10 speakers during the initial round of Non-Agenda public comment, as well as all hands raised during the closing round of Non-Agenda public comment at the conclusion to the meeting, until such time that the meeting adjourns. If there are five or fewer speakers with hands raised for Public Comment on Non-Agenda Matters, each speaker will have two minutes to address the City Council. If there are more than five speakers with their hands raised then speaker time will be limited to one minute per person. The procedure for selection of Non-Agenda speakers prescribed in the Rules of Procedure by random draw is suspended for videoconference meetings where there is no physical meeting location.

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Exhibit B:

City Council Rules of Procedure and Order

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6900 ● TDD: (510) 981-6903 ● Fax: (510) 981-6901 E-Mail: [email protected] Website: http://www.cityofberkeley.info/citycouncil

The Berkeley City Council
Rules of Procedure and Order

Adopted by Resolution No. 70,091–N.S.

Effective October 26, 2021

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2 Table of Contents
I. DUTIES .................................................................................................................................... 4 A. Duties of Mayor ......................................................................................................................... 4 B. Duties of Councilmembers ........................................................................................................ 4 C. Motions to be Stated by Chair ................................................................................................... 4 D. Decorum by Councilmembers ................................................................................................... 4 E. Voting Disqualification ............................................................................................................. 4 F. Requests for Technical Assistance and/or Reports .................................................................... 5 II. MEETINGS .............................................................................................................................. 6 A. Call to Order - Presiding Officer .............................................................................................. 6 B. Roll Call.................................................................................................................................... 6 C. Quorum Call ............................................................................................................................. 6 D. Council Meeting Conduct of Business ..................................................................................... 6 E. Adjournment .............................................................................................................................. 7 G. City Council Schedule and Recess Periods ............................................................................... 7 H. Pledge of Allegiance to the Flag ................................................................................................ 8 I. Ad Hoc Subcommittees ............................................................................................................. 8 III. AGENDA .................................................................................................................................. 9 A. Declaration of Policy ................................................................................................................. 9 B. Definitions ................................................................................................................................. 9 C. Procedure for Bringing Matters Before City Council .............................................................. 11 D. Packet Preparation and Posting ............................................................................................... 16 E. Agenda Sequence and Order of Business ................................................................................ 17 F. Closed Session Documents ...................................................................................................... 18 G. Regulations Governing City Council Policy Committees ....................................................... 19 IV. CONDUCT OF MEETING .................................................................................................. 24 A. Comments from the Public ...................................................................................................... 24 B. Consent Calendar ..................................................................................................................... 26 C. Information Reports Called Up for Discussion ....................................................................... 27 D. Written Communications ......................................................................................................... 27 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters ............... 27 F. Work Sessions ......................................................................................................................... 28 G. Protocol.................................................................................................................................... 29 V. PROCEDURAL MATTERS ................................................................................................ 30 A. Persons Authorized to Sit at Tables ......................................................................................... 30 B. Decorum .................................................................................................................................. 30 C. Enforcement of Decorum ........................................................................................................ 30 D. Precedence of Motions ............................................................................................................ 30 E. Robert’s Rules of Order ........................................................................................................... 31 F. Rules of Debate ....................................................................................................................... 31 G. Debate Limited ........................................................................................................................ 32 H. Motion to Lay on Table ........................................................................................................... 32 I. Division of Question ................................................................................................................ 32 J. Addressing the Council ........................................................................................................... 32 K. Addressing the Council After Motion Made ........................................................................... 33 L. Use of Cellular Phones and Electronic Devices ...................................................................... 33 VI. FACILITIES .......................................................................................................................... 34 A. Meeting Location Capacity ..................................................................................................... 34

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3 B. Alternate Facilities for Council Meetings ............................................................................... 34 C. Signs, Objects, and Symbolic Materials ................................................................................. 34 D. Fire Safety ............................................................................................................................... 34 E. Overcrowding ......................................................................................................................... 34 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES...................... 35 APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS .................................................................................................................................................................... 38 APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE COVID-19 EMERGENCY ........................... 43

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4 I. DUTIES
A. Duties of Mayor
The Mayor shall preside at the meetings of the Council and shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. In the Mayor’s absence, the Vice President of the Council (hereafter referred to as the Vice-Mayor) shall preside.

B. Duties of Councilmembers
Promptly at the hour set by law on the date of each regular meeting, the members of the Council shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition.

C. Motions to be Stated by Chair
When a motion is made, it may be stated by the Chair or the City Clerk before debate.

D. Decorum by Councilmembers
While the Council is in session, the City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other’s time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.

All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak. The Presiding Officer may set a limit on the speaking time allotted to C ouncilmembers during Council discussion.

The presiding officer has the affirmative duty to maintain order. The City Council will honor the role of the presiding officer in maintaining order. If a Councilmember believes the presiding officer is not maintaining order, the Councilmember may move that the Vice- Mayor, or another Councilmember if the Vice- Mayor is acting as the presiding officer at the time, enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a majority of the Council, the Vice- Mayor, or other designated Councilmember, shall enforce the rules of decorum and maintain order.

E. Voting Disqualification
No member of the Council who is disqualified shall vote upon the matter on which the member is disqualified. Any member shall openly state or have the presiding officer announce the fact and nature of such disqualification in open meeting, and shall not be subject to further inquiry. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the member affected, be

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5 decided by the other members of the Council, by motion, and such decision shall determine such member's right and obligation to vote. A member who is disqualified by conflict of interest in any matter shall not remain in the Chamber during the debate and vote on such matter, but shall request and be given the presiding officer's permission to recuse themselves. Any member having a "remote interest" in any matter as provided in Government Code shall divulge the same before voting.

F. Requests for Technical Assistance and/or Reports
A majority vote of the Council shall be required to direct staff to provide technical assistance, develop a report, initiate staff research, or respond to requests for information or service generated by an individual council member.

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6 II. MEETINGS
A. Call to Order - Presiding Officer
The Mayor, or in the Mayor's absence, the Vice Mayor, shall take the chair precisely at the hour appointed by the meeting and shall immediately call the Council to order.

Upon the arrival of the Mayor, the Vice Mayor shall immediately relinquish the chair .

In the absence of the two officers specified in this section, the Councilmember present with the longest period of Council service shall preside.

B. Roll Call
Before the Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.

C. Quorum Call
During the course of the meeting, should the Chair note a Council quorum is lacking, the Chair shall call this fact to the attention of the City Clerk. The City Clerk shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the meeting shall be deemed automatically adjourned.

D. Council Meeting Conduct of Business
The agenda for the regular business meetings shall include the following: Ceremonial Items (including comments from the City Auditor if requested) ; Comments from the City Manager; Comments from the Public; Consent Calendar; Action Calendar (Appeals, Public Hearings, Continued Business, Old Business, New Business); Information Reports; and Communication from the Public. Presentations and workshops may be included as part of the Action Calendar. The Chair will determine the order in which the item(s) will be heard with the consent of Council.

Upon request by the Mayor or any Councilmember, any item may be moved from the Consent Calendar or Information Calendar to the Action Calendar. Unless there is an objection by the Mayor or any Councilmember, the Council may also move an item from the Action Calendar to the Consent Calendar.

A public hearing that is not expected to be lengthy may be placed on the agenda for a regular business meeting. When a public hearing is expected to be contentious and lengthy and/or the Council’s regular meeting schedule is heavily booked, the Agenda & R ules Committee , in conjunction with the staff, will schedule a special meeting exclusively for the public hearing. No other matters shall be placed on the agenda for the special meeting. All public comment will be considered as part of the public hearing and no separate time will be set aside for public comment not related to the public hearing at this meeting.

Except at meetings at which the budget is to be adopted, no public hearing may commence later than 10:00 p.m. unless there is a legal necessity to hold the hearing or make a decision at that meeting or the City Council determines by a two-thirds vote that there is a fiscal necessity to hold the hearing.

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7 E. Adjournment

1. No Council meeting shall continue past 11:00 p.m. unless a two-thirds majority of the Council votes to extend the meeting to discuss specified items; and any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be covered and shall specify in which order these items shall be handled.

2. Any items not completed at a regularly scheduled Council meeting may be continued to an Adjourned Regular Meeting by a two- thirds majority vote of the Council.

F. Unfinished Business
Any items not completed by formal action of the Council, and any items not postponed to a date certain, shall be considered Unfinished Business. All Unfinished Business shall be referred to the Agenda & Rules Committee for scheduling for a Council meeting that occurs within 60 days from the date the item last appeared on a Council agenda. The 60 day period is tolled during a Council recess.

G. City Council Schedule and Recess Periods
Pursuant to the Open Government Ordinance, the City Council shall hold a minimum of twenty-four (24) meetings, or the amount needed to conduct City business in a timely manner, whichever is greater, each calendar year.

Regular meetings of the City Council shall be held generally two to three Tuesdays of each month except during recess periods; the schedule to be established annually by Council resolution taking into consideration holidays and election dates.

Regular City Council meetings shall begin no later than 6:00 p.m.

A recess period is defined as a period of time longer than 21 days without a regular meeting of the Council.

When a recess period occurs, the City Manager is authorized to take such ministerial actions for matters of operational urgency as would normally be taken by the City Council during the period of recess except for those duties specifically reserved to the Council by the Charter, and including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety; the authority to extend throughout the period of time established by the City Council for the period of recess.

The City Manager shall have the aforementioned authority beginning the day after the Agenda & Rules Committee meeting for the last regular meeting before a Council recess and this authority shall extend up to the date of the Agenda & Rules Committee meeting for the first regular meeting after the Council recess.

The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions tak en by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager.

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8 H. Pledge of Allegiance to the Flag
At the first meeting of each year following the August recess and at any subsequent mee
ting if specifically requested before the meeting by any member of the Council in order to commemorate an occasion of national significance, the first item on the Ceremonial Calendar will be the Pledge of Allegiance.

I. Ad Hoc Subcommittees
From time to time the Council or the Mayor may appoint several of its members but fewer than the existing quorum of the present body to serve as an ad hoc subcommittee. Only Councilmembe
rs may be members of the ad hoc subcommittee;
however, the subcommittee shall seek input and advice from residents, related commissions, and other groups , as appropriate to the charge or responsibilities of such subcommittee . Ad hoc s ubcommittees must be reviewed annually by the Council to determine if the subcommittee is to continue.

Upon creation of an ad hoc subcommittee, the Council shall allow it to operate with the following parameters:

1. A specific charge or outline of responsibilities shall be established by the Council.

2. A target date must be established for a report back to the Council.

3. Maximum life of the subcommittee shall be one year, with annual review and possible extension by the Council.

Subcommittees shall conduct their meetings in locations that are open to the public and meet accessibility requirements under the Americans with Disabilities Act .

Meetings may be held at privately owned facilities provided that the location is open to all that wish to attend and that there is no requirement for purchase to attend.

Agendas for subcommittee meetings must be posted in the same manner as the agendas for regular Council meetings except that subcommittee agendas may be posted with 24-hour notice. The public will be permitted to comment on agenda items but public comments may be limited to one minute if deemed necessary by the Committee Chair. Agendas and minutes of the meetings must be maintained and made available upon request.

Ad hoc subcommittees will be staffed by City Council legislative staff. As part of the ad hoc subcommittee process, City staff will undertake a high- level, preliminary analysis of potential legal issues, costs, timelines, and staffing demands associated with the item(s) under consideration. Staff analysis at ad hoc subcommittees is limited to the points above as the recommendation, program, or project has not yet been approved to proceed by the full Council.

Subcommittees must be comprised of at least two members. If only two members are appointed, then both must be present in order for the subcommittee meeting to be held. In other words, the quorum for a two-member subcommittee is always two.

Ad hoc subcommittees may convene a closed session meeting pursuant to the conditions and regulations imposed by the Brown Act.

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9 III. AGENDA
A. Declaration of Policy
No ordinance, resolution, or item of business shall be introduced, discussed or acted upon before the Council at its meeting without prior thereto its having been published on the agenda of the meeting and posted in accordance with Section III.D.2.

Exceptions to this rule are limited to circumstances listed in Section III.D.4.b and items continued from a previous meeting and published on a revised agenda.

B. Definitions
For purposes of this section, the terms listed herein shall be defined as follows:

1. "Agenda Item" means an item placed on the agenda (on either the Consent Calendar or as a Report For Action) for a vote of the Council by the Mayor or any Councilmember, the City Manager, the Auditor, or any
board/commission/committee created by the City Council, or any Report For Information which may be acted upon if the Mayor or a Councilmember so requests. For purposes of this section, appeals shall be considered action items.

All information from the City Manager concerning any item to be acted upon by the Council shall be submitted as a report on the agenda and not as an off -agenda memorandum and shall be available for public review, except to the extent such report is privileged and thus confidential such as an attorney client communication concerning a litigation matter. Council agenda items are limited to a maximum of four Authors and Co- Sponsors, in any combination that includes at least one Author.

Authors must be listed in the original item as submitted by the Primary Author. Co- Sponsors may only be added in the following manner:
• In the original item as submitted by the Primary Author • In a revised item submitted by the Primary Author at the Agenda & Rules Committee
• By verbal request of the Primary Author at the Agenda & Rules Committee • In a revised item submitted by the Primary Author in Supplemental Reports and Communications Packet #1 or #2
• By verbal or written request of the Mayor or any Councilmember at the Policy Committee meeting or meeting of the full C ouncil at which the item is considered

2. Agenda items shall contain all relevant documentation, including the information listed below:
a) A descriptive title that adequately informs the public of the subject matter and general nature of the item or report;
b) Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information;

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10 c) Recommendation of the report’s Primary Author that describes the action to be taken on the item, if applicable;
d) Fiscal impacts of the recommendation;
e) A description of the current situation and its effects; f) Background information as needed;
g) Rationale for recommendation;
h) Alternative actions considered;
i) For awards of contracts; the abstract of bids and the Affirmative Action Program of the low bidder in those cases where such is required (these provisions shall not apply to Mayor and Council items); j) Person or persons to contact for further information, with telephone number; k) Additional information and analysis as required. It is recommended that reports include the points of analysis in Appendix B - Guidelines for Developing and Writing Council Agenda Items.

3. “Author” means the Mayor or other Councilmembers who actually authored an item by contributing to the ideas, research, writing or other material elements.

4. “Primary Author” means the Mayor or Councilmember listed first on the item. The Primary Author is the sole contact for the City Manager with respect to the item.

Communication with other Authors and Co- Sponsors, if any, is the responsibility of the Primary Author.

5. “Co-Sponsor" means the Mayor or other Councilmembers who wish to indicate their strong support for the item, but are not Authors, and are designated by the Primary Author to be co-sponsors of the council agenda item.

6. "Agenda" means the compilation of the descriptive titles of agenda items submitted to the City Clerk, arranged in the sequence established in Section III.E hereof.

7. "Packet" means the agenda plus all its corresponding agenda items.

8. "Emergency Matter" arises when prompt action is necessary due to the disruption or threatened disruption of public facilities and a majority of the Council determines that:
a) A work stoppage or other activity which severely impairs public health, safety, or both;
b) A crippling disaster, which severely impairs public health, safety or both.

Notice of the Council's proposed consideration of any such emergency

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11 matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.

9. “Continued Business” Items carried over from a prior agenda of a meeting occurring less than 11 days earlier.

10. "Old Business" Items carried over from a prior agenda of a meeting occurring more than 11 days earlier.

C. Procedure for Bringing Matters Before City Council

1. Persons Who Can Place Matters on the Agenda.

Matters may be placed on the agenda by the Mayor or any Councilmember , the City Manager, the Auditor, or any board/commission/committee created by the City Council. All items are subject to review, referral, and scheduling by the Agenda & Rules Committee pursuant to the rules and limitations contained herein.

The Agenda & Rules Committee shall be a standing committee of the City Council.

The Agenda & R ules Committee shall meet 15 days prior to each City Council meeting and shall approve the agenda of that City Council meeting. Pursuant to BMC Section 1.04.080 , if the 15 th day prior to the Council meeting falls on a holiday, the Committee will meet the next business day. The Agenda & Rules Committee packet, including a draft agenda and Councilmember , Auditor, and Commission reports shall be distributed by 5:00 p.m. four days before the Agenda & Rules Committee meeting.

The Agenda & Rules Committee shall have the powers set forth below. a) Items Authored by the Mayor, a Councilmember, or the Auditor.

As to items authored by the Mayor, a Councilmember, or the Auditor, the Agenda & Rules Committee shall review the item and may take the following actions:
i. Refer the item to a commission for further analysis (Primary Author may decline and request Policy Committee assignment).
ii. Refer the item to the City Manager for further analysis (Primary Author may decline and request Policy Committee assignment).
iii. Refer the item back to the Primary Author for adherence to required form or for additional analysis as required in Section III.B.2 (Primary Author may decline and request Policy Committee assignment).

iv. Refer the item to a Policy Committee.
v. Schedule the item for the agenda under consideration or one of the next three full Council agendas.

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12 For referrals under Chapter III.C.1.a. i, ii, or iii, the Primary Author must inform the City Clerk within 24 hours of the adjournment of the Agenda & Rules Committee meeting whether they prefer to:
1) re-submit the item for a future meeting with modifications as suggested by the Agenda & Rules Committee; or
2) pull the item completely; or
3) re-submit the item with revisions as requested by the Agenda & Rules Committee within 24 hours of the adjournment of the Agenda & Rules Committee meeting for the Council agenda under
consideration; or
4) accept the referral of the Agenda & Rules Committee in sub paragraphs III.C.1.a. i , ii, or iii , or request Policy Committee assignment.

If the Primary Author requests a Policy Committee assignment, the item will appear on the next draft agenda presented to the Agenda & Rules Committee for assignment.

In the event that the City Clerk does not receive guidance from the Primary Author of the referred item within 24 hours of the Agenda & Rules Committee’s adjournment, the item will appear on the next draft agenda for consideration by the Agenda & Rules Committee.

Items held for a future meeting to allow for modifications will be placed on the next available Council meeting agenda at the time that the revised version is submitted to the City Clerk.
b) Items Authored by the City Manager. The Agenda & Rules Committee shall review agenda descriptions of items authored by the City Manager.

The Committee can recommend that the matter be referred to a commission or back to the City Manager for adherence to required form, additional analysis as required in Section III.B.2, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions.

If the City Manager determines that the matter should proceed notwithstanding the Agenda & Rules Committee’s action, it will be pl aced on the agenda as directed by the Manager. All City Manager items placed on the Council agenda against the recommendation of the Agenda & Rules Committee will automatically be placed on the Action Calendar.

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13 c) Items Authored by Boards and Commissions. Council items submitted by boards and commissions are subject to City Manager review and must follow procedures and timelines for submittal of reports as described in the Commissioners’ Manual. The content of commission items is not subject to review by the Agenda & Rules Committee unless referred for policy review to the Agenda & Rules Committee.
i) For a commission item that does not require a companion report from the City Manager , the Agenda & Rules Committee may act on an agendized commission report in the following manner:

1. M ove a commission report from the Consent Calendar to the Action Calendar or from the Action Calendar to the Consent Calendar.

2. Re-schedule the commission report to appear on one of the next three regular Council meeting agendas that occur after the regular meeting under consideration. Commission reports submitted in response to a Council referral shall receive higher priority for scheduling.

3. Refer the item to a Policy Committee for review.

4. Allow the item to proceed as submitted.
ii) For any commission report that requires a companion report, the Agenda & Rules Committee may schedule the item on a Council agenda. The Committee must schedule the commission item for a meeting occurring not sooner than 60 days and not later than 120 days from the date of the meeting under consideration by the Agenda & Rules Committee . A commission report submitted with a complete companion report may be scheduled pursuant to subparagraph c.i. above.
d) The Agenda & Rules Committee shall have the authority to re- order the items on the Action Calendar regardless of the default sequence prescribed in Chapter III, Section E.

2. Scheduling Public Hearings Mandated by State, Federal, or Local Statute.

The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or local statute mandates the City Council hold a public hearing.

3. Submission of Agenda Items.
a) City Manager Items. Except for Continued Business and Old Business, as a condition to placing an item on the agenda, agenda items from departments, including agenda items from commissions, shall be furnished to the City Clerk at a time established by the City Manager.

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14 b) Council and Auditor Items. The deadline for reports submitted by the Auditor, Mayor and City Council is 5:00 p.m. on Monday, 22 days before each Council meeting.
c) Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the City Manager, Auditor, Mayor or Councilmember is received by the City Clerk after established deadlines and is not included on the Agenda & Rules Committee’s published agenda.

The Primary Author of the report shall bring any reports submitted as Time Critical to the meeting of the Agenda & Rules Committee. Time Critical items must be accompanied by complete reports and statements of financial implications. If the Agenda & Rules Committee finds the matter to meet the definition of Time Critical, the Agenda & Rules Committee may place the matter on the Agenda on either the Consent or Action Calendar. d) The City Clerk may not accept any agenda item after the adjournment of the Agenda & Rules Committee meeting, except for items carried over by the City Council from a prior City Council meeting occurring less than 11 days earlier, which may include supplemental or revised reports , and reports concerning actions taken by boards and commissions that are required by law or ordinance to be presented to the Council within a deadline that does not permit compliance with the agenda timelines in BMC Chapter 2.06 or these rules.

4. Submission of Supplemental and Revised Agenda Material.

Berkeley Municipal Code Section 2.06.070 allows for the submission of supplemental and revised agenda material. Supplemental and revised material cannot be substantially new or only tangentially related to an agenda item.

Supplemental material must be specifically related to the item in the Agenda Packet. Revised material should be presented as revised versions of the report or item printed in the Agenda Packet. Supplemental and revised material may be submitted for consideration as follows:
a) Supplemental and revised agenda material shall be submitted to the City Clerk no later than 5:00 p.m. seven calendar days prior to the City Council meeting at which it is to be considered. Supplemental and revised items that are received by the deadline shall be distributed to Council in a supplemental reports packet and posted to the City’s website no later than 5:00 p.m. five calendar days prior to the meeting. Copies of the supplemental packet shall also be made available in the office of the City Clerk and in the main branch of the Berkeley Public Library. Such material may be considered by the Council without the need for a determination that the good of the City clearly outweighs the lack of time for citizen review or City Councilmember evaluation.

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15 b) S upplemental and revised agenda material submitted to the City Clerk after 5:00 p.m. seven days before the meeting and no later than 12:00 p.m. one day prior to the City Council meeting at which it is to be considered shall be distributed to Council in a supplemental reports packet and posted to the City’s website no later than 5:00 p.m. one day prior to the meeting.

Copies of the supplemental packet shall also be made available in the office of the City Clerk and in the main branch of the Berkeley Public Library. Such material may be considered by the Council without the need for a determination that the good of the City clearly outweighs the lack of time for citizen review or City Council evaluation.
c) After 12:00 p.m. one calendar day prior to the meeting, supplemental or revised reports may be submitted for consideration by delivering a minimum of 42 copies of the supplemental/revised material to the City Clerk for distribution at the meeting. Each copy must be accompanied by a completed supplemental/revised material cover page, using the form provided by the City Clerk. Revised reports must reflect a comparison with the original item using track changes formatting. The material may be considered only if the City Council, by a two- thirds roll call vote, makes a factual determination that the good of the City clearly outweighs the lack of time for citizen review or City Councilmember evaluation of the material.

Supplemental and revised material must be distributed and a factual determination made prior to the commencement of public comment on the agenda item in order for the material to be considered.

5. Submission of Late Urgency Items Pursuant to Government Code Section 54954.2(b)
Late Urgency Items are items proposed for submission to the Council Agenda pursuant to Government Code Section 54954.2(b)
All items to be submitted for consideration for addition to an agenda as Late Urgency Items shall be accompanied by a cover sheet that includes 1) boxes to check for the A uthor to affirm whether the item is submitted under the Emergency or Immediate Action Rule (and a short explanation of what is required to meet each rule, as well as the vote threshold required for the item to be placed onto the agenda by the City Council); 2) a disclaimer in BOLD 14pt. CAPS stating that the item is not yet agendized and may or may not be accepted for the agenda as a Late Urgency Item, at the City Council’s discretion according to Brown Act rules; 3) a prompt requiring the author to list the facts which support consideration of the item for addition to the agenda as either an Emergency or Immediate Action item; and 4) a copy of the City Attorney memo on Late Urgency Items.

Late Items must be submitted to the City Clerk no later than 12:00 p.m. (noon) the day prior to the meeting.

All complete Late Items submitted by the deadline will be distributed with Supplemental Communication Packet #2 by 5:00 p.m. the day before the Council meeting. A Late Item is not considered “complete” and will not be distributed unless submitted with the required cover sheet, filled out in a complete manner.

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16 Very Late Urgency Items of an extremely urgent nature (e.g., earthquake, severe wildfire, pandemic) may be submitted for addition to the agenda after the deadline of 12:00 p.m. the day before the meeting to accommodate unforeseeable, extreme and unusual circumstances. A Very Late Urgency Item will be distributed at the Council meeting prior to any vote to add it to the agenda and the Presiding Officer may provide an appropriate break to allow Councilmembers and the public to review the item before voting on whether to add it to the agenda and possibly again, at the Presiding Officer’s discretion, before the item is voted on.

The required cover sheet should be included with the Very Late Urgency Item unless extremely exigent circumstances underlie the Very Late Urgency Item submission and a written cover sheet could not be prepared (for example, power is out and printing or emailing is not possible), in which case the individual “walking in” the item should be ready to provide all required information verbally at the meeting before a vote is taken to add or not add the item to the Agenda.

6. Scheduling a Presentation.

Presentations from staff are either submitted as an Agenda Item or are requested by the City Manager. Presentations from outside agencies and the public are coordinated with the Mayor's Office. The Agenda & Rules Committee may adjust the schedule of presentations as needed to best manage the Council Agenda.

The Agenda & Rules Committee may request a presentation by staff in consultation with the City Manager.

D. Packet Preparation and Posting

1. Preparation of the Packet.

Not later than the thirteenth day prior to said meeting, the City Clerk shall prepare the packet, which shall include the agenda plus all its corresponding agenda items. No item shall be considered if not included in the packet, except as provided for in Section III.C.4 and Section III.D.4.

2. Distribution and Posting of Agenda.
a) The City Clerk shall post each agenda of the City Council regular meeting no later than 11 days prior to the meeting and shall post each agenda of a special meeting at least 24 hours in advance of the meeting in the official bulletin board. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agenda.
b) The City Clerk shall also post agendas and annotated agendas of all City Council meetings and notices of public hearings on the City's website. c) No later than 11 days prior to a regular meeting, copies of the agenda shall be mailed by the City Clerk to any resident of the City of Berkeley who so requests in writing. Copies shall also be available free of charge in the City Clerk Department.

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Berkeley City CouncilFebruary 28, 2023

Berkeley City Council
February 28, 2023