Berkeley City Council
July 11, 2023

149
Berkeley’s Civic Center Design Concept

DRAFT FINAL REPORT
May 2023
Implementation - Organizational Management Structure
Lesher Center for the Arts, Walnut Creek
Palo Alto Art center

Siegel & Strain Architects
Implementation - Funding
Funding Strategies

7. 2
With an approved design concept, this
project would move into its next phase
of additional recommended s
tudies,
environmental reviews, and initiating
specific design projects. This work is
estimated to cost around $15 million and
take 2-3 years.

A variety of funding sources could
contribute to the City’s approach to
funding. The first approach would involve
many different sources of funding all
leading to one large project, phased in
over the course of years. The following
funding sources might contribute to the
project:

• Congressionally Directed Spending
Requests (aka earmarks). These are
typically in the range of $750,000-$1.5
million. The City has submitted a
reques
t to our federal legislators for
this project and should learn in the fall
whether the earmark is successful.

If so, funding would commence in
calendar year 2024. There is no match
requirement.
• Federal Infrastructure Funding. staff
and consultants have not yet been able
to find a cat
egory within the current
funding stream that is a strong fit
for this project, but that may change
as future opportunities arise. Grant
match requirements vary.
• FEMA/Cal OES Hazard Mitigation
Grants. These grants require a cost/
benefit calculation that makes the
BPON+ st
andard more likely to qualify
for a grant. For that reason, the
Veteran’s Building is more likely to
benefit. Grants require a 25% match.
• Sustainability/Resiliency Grants: the
state and federal government offer
grants that might help fund the el
ectric
conversion, green infrastructure,
permeable paving, etc. Grant match
requirements vary.
• Urban Greening Grant/Coastal
Conservancy Grant: these grants may
fund a feasibility study of daylighting
the creek. Grant mat
ch requirements
vary.

151
Berkeley’s Civic Center Design Concept

DRAFT FINAL REPORT
May 2023
Implementation - Funding
• City Funding. The City’s General Fund,
a future tax measure, or Certificate of
Participation coul
d contribute to the
project. In addition, traffic safety and
stormwater elements of the project
might get contributions from Measure
BB, Gas Tax, and/or the City’s Storm
Fund.
• Foundations and/or Private
Individuals. Given the Civic Center’s
history and importance, private
foundations and individuals might be
a component t
o the overall funding
strategy.
• Bonding Capacity/Debt Service
- Using early construction costs
estimates, and the gener
al fund as
collateral, assuming the Maudelle
Shirek Building has a project cost
of ~$54M, the annual debt service
would be ~$3,900,000/year (30 year
amortization). A ~$71M project
cost would have debt service of
~$4,900,000/year. For the Veterans
Memorial Building, a project cost
of ~$34M would have annual debt
service of ~$2,400,000 and a project
cost of ~$41M would have annual debt
service of ~$2,900,000. There would
be a reduction in annual debt service
of approximately $50,000/year if both
projects were financed together.

An alternative, more opportunistic
approach would be to identify specific
project components that would be
good fits for available grants, and when
successful in gaining grants, move those
elements forward, e.g., the project’s
raised sidewalks and bulbouts. This
approach would likely take more time,
involve more project cost overall (less
efficiencies of scale), but might be more
realistic.

Regardless, this project will be
significantly more attractive for funding
with an adopted design concept.

Recognizing that strong plans need
funding, and funding is attracted to
strong plans, and staff are excited to work
with City Council on moving this project
forward.

NOT UPDATED

Siegel & Strain Architects
Implementation - Next Steps
Recommended Next Steps

7. 3
As the City continues to develop a funding
and long-term implementation plans
for the Civic Center P
ark, surrounding
streets, the Maudelle Shirek Building
and the Veterans Memorial Building,
immediate steps for improvements are
offered as a way to initiate improvements
and enhance the Civic Center experience.

Some of these steps can be undertaken
in collaboration with vision-aligned
partners and non-profit organizations.

Future studies and longer term efforts are
also offered with the goals of developing
specific plans that launch the Berkeley
Civic Center into its improved future.

Early Activation Projects
To offer a better experience of the Civic
Center Park, the City and City partners
could fund earl
y activation projects
that reinvigorate the Park in advance of
more significant future improvements,
including:
• Installation of new furnishings,
including tables and seating or picnic
tables with benches, specifically
selected and placed for lunch time use
• Introduction of pop-up food vendor
events and/or food trucks during the
weekdays
• Installation of new tree protection
elements
• Biodiversity enhancement through new
plantings
• Lighting and path repairs and
upgrades
• Restroom repairs and upgrades
• Review of current special events
needs and lease agreements for Civic
Center Park, considering changes to
agreements specific to this Park
• Increase funding for Park operations
and maintenance

153
Berkeley’s Civic Center Design Concept

DRAFT FINAL REPORT
May 2023
Implementation - Next Steps
Future Studies
Additional information is needed to
support specific design projects for the
Civic Center Park, surr
ounding streets,
Maudelle Shirek Building and Veterans
Memorial Building. These include:
• Topographic Survey of the Civic Center
Park, surrounding streets and building
sites
• Updated Arborist Report for Civic
Center and surrounding street trees,
and Tree Succession Plan
• As-Built drawings & Existing Condition
reports for buildings
• Traffic Study to identify the impacts
on traffic flow/circulation/delays
on adjacent city blocks, impacts on
intersection capacity, emergency
response times and parking of
introducing traffic calming devices
such as: a flush-surface shared street
on Center; bulb-outs on MLK Jr Way;
reduced parking on MLK Jr Way and
Center; raised crosswalks or tables on
MJK Jr Way at Center and Allston; and
crosswalks, either raised or flush with
pavers, on Allston between the existing
Berkeley High School gates and Civic
Center Park.
• A grant pre-application was submitted
to the California Coastal Conservancy
for funding of the Strawberry Creek
daylighting effort. While the application
reviewers were excited about the
project “because of the ecological and
community benefits”, they suggested
the City apply to the Urban Greening
program at the California Natural
Resources Agency. Members of the
CCCC and others are pursuing this
and other grant funding opportunities.

The City will need to be the lead on any
formal grant applications.

Creek grant applications should
include:

1. A detailed description of the
project location and park features
- a large green for civic gatherings,
festivals and recreation; Turtle
Island Monument and Plaza;
Mature trees (redwoods, poplars,
camphors, magnolias, oaks, and
the signature Sequoia) many of
which were planted 80+ years ago;
and pedestrian and vehicular paths
and parking areas.

Siegel & Strain Architects
Implementation - Next Steps

2. The need for the project and
benefits to the area, which is an
urban setting.

3. Community-led planning
and engagement, involving
stakeholders such as surrounding
property owners, and primary park
users such as BHS, BCC, City of
Berkeley, Ecology Center, festival
hosts and others.

4. Plans for technical and
hydrological studies for daylighting
Strawberry Creek in the Civic
Center area.

5. Plans for a traffic study to identify
impacts to traffic flow/circulation,
emergency response times and
parking of daylighting the creek.

6. The process for applying for and
securing permits, including the
necessary studies for the CEQA
process.

7. A long-term maintenance and
management plan for the creek
and impacted areas of hte park.

8. Preliminary budget including
all technical studies, design
efforts, permitting efforts, and
construction costs.

Longer Term Efforts
Prior to the implementation of specific
project design and construction efforts,
the City may consider
:
• Establish relationships with potential
non-profit partners and funding
entities to engage in a capital
improvement campaign
• Develop funding plans for each of
the constituent projects – the Park,
surround streets and the historic
structures
• Building assessment reports were
prepared for the historic structures
in 2021 identifying repairs needed
as part of the future project. In the
interim, City staff continues to monitor
the buildings. Dependent on the
project schedule, the City may need
to stabilize the structures should risk
of further deterioration arise before
construction begins.
• Initiate specific design projects,
including documentation of detailed
spatial programming
• Identify entitlement/approvals path
for specific designs including CEQA
requirements and discretionary
reviews.

155
Berkeley’s Civic Center Design Concept

DRAFT FINAL REPORT
May 2023
Implementation - Next Steps

Implementation
Siegel & Strain Architects

Based on review & analysis of:

Report Prepared for:

Siegel & Strain Architects
Berkeley Civic Center
Design Concept ROM Cost Plan
Berkeley, California
Berkeley's Civic Center Design Concept Report
May 9, 2023 rev3
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2063 Grant Road | Los Altos | CA | 94024
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TEL: (650) 386-1812 | FAX: (415) 941-9434
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TEL: (650) 386-1812 | FAX: (415) 941-9434

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

TABLE OF CONTENTS

PAGE NUMBER

CONTENTS
BASIS OF ESTIMATE 1 -3
OVERALL COST SUMMARY 4
ROM COST DETAILS 5
CIVIC CENTER PARK COST DETAIL 6

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

BASIS OF ESTIMATE

REFERENCE DOCUMENTATION
Document Date
Seismic Evaluation and Conceptual Retrofit Design by Tipping Structural Engineers 8/2/2021 Berkeley Civic Center Design Concept Report by Siegel & Strain Architects 3/10/2023 BCC2 Cost Estimate markup from Siegel & Strain Architects 4/19/2023 Discussions with and review comments from design team various

PROJECT DESCRIPTION

BASIS FOR PRICING
Site Requirements 7.0%
Jobsite Management 15.0%
Phasing 0.0%
Insurance & Bonding 2.50%
General Contractor Bonding
Sub-Contractor Bonding
OSIP
Fee (G.C. Profit) 5.0%
This Construction Cost Estimate was produced from the following documentation. Design and engineering changes occurring subsequent to the issue of these documents have not been incorporated in this estimate.

General Contractor’s/Construction Manager's Site Requirement costs are calculated on a percentage basis. General Contractor’s/Construction Manager's Jobsite Management costs are also calculated on a percentage basis.

General Contractor’s/Construction Manager's overhead and fees are based on a percentage of the total direct costs plus general conditions, and covers the contractor’s bond, insurance, site office overheads and profit.

The scope of work comprises a master plan for redevelopment of the old City Hall building and the Berkeley Veterans Memorial Building and the Civic Center Park around the City Civic Center in Berkeley. The summary page for each part shows the square foot area of each existing building as well as the new proposed program area. A midrange of the likely cost per square foot for the proposed scale of work is provided along with the resulting dollar cost in the current market. The two adjoining columns to the right show the dollar costs at 10% lower and 10% higher than the midrange. The Estimated Total Construction Costs Range are escalated assuming start of construction in 2028 with a project duration of 4 years .

At this point in time there is no information about phasing or the scenarios that might be chosen, so current costs provide the most appropriate cost ranges in accordance with the Design Concept by the design architect. This estimate reflects the fair construction value for this project and should not be construed as a prediction of low bid. Prices are based on local prevailing wage construction costs in Q1 of 2023. Pricing assumes a procurement process with competitive bidding for all sub-trades of the construction work, which is to mean a minimum of 3 bids for all subcontractors and materials/equipment suppliers. If fewer bids are solicited or received, prices can be expected to be higher. Conversely in the current competitive market should a larger number of sub-bids be received (i.e. 6 and above) pricing can expected to be lower than the current estimate.

Subcontractor's markups have been included in each line item unit price. Markups cover the cost of field overhead, home office overhead and subcontractor’s profit. Subcontractor's markups typically range from 15% to 25% of the unit price depending on market conditions.

Component cost models have been provided for some of the buildings earmarked for renovation. These are provided as a guide to how some representative costs/sf have been derived. The cost models develop $/SF costs for building systems based upon other similar building types adjusted for time and location. The cost scenarios that entail renovation benefit from existing floor plans that enable some approximate quantification of building metrics such as the total length of exterior wall, roof area, and partition length.

Site costs are also included. TBD Consultants has provided some allowances for utility work that may be required, to cover the case of new buildings in new locations, as well as the reconfiguration of site layouts or upgrades to existing infrastructure.

The general description of renovated spaces cites the updating of a percentage of finishes and equipment. Unit pricing assumes that this scope will be accompanied by some reconfiguration of spaces, and that some structural work will also be triggered. Some corresponding work to building skin and roofing is also assumed. The general contractor markups for supervision, general requirements, bonds and insurance, and fee are typical for the type of projects being considered, but will vary depending on the entire scope of work under contract.

The cost of phasing any of the projects is excluded. The basis of pricing assumes the general contractor will have full access to the unoccupied buildings and site area subject to the scope of work for the duration of any discrete project.

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

BASIS OF ESTIMATE
Additional conditions of construction
The general contract will be by CM/GC method or competitively bid with qualified general and main subcontractors The entire scope of work for each scenario will be bid as one contract There will not be small business set-aside and equal opportunity employment requirements The contractor will be required to pay prevailing wages The contractor will have full access to the site during working hours; buildings will be unoccupied

CONTINGENCY
Design Contingency 20.0%
Construction/Owners Contingency 10.0% Carried "below the line" of Construction Costs

CONSTRUCTION SCHEDULE & ESCALATION
Construction Start Date May-2028 Construction End Date Apr-2031 Mid-date of Construction Oct-2029 Construction Duration 36 months Escalation Period 78 Escalation End Date Construction Mid-Point

ESCALATION
Escalation: 32.77% Compounded Rate Based on a cumulative escalation over 7 years Year 1 5.50%
Year 2 5.00%
Year 3 4.50%
Year 4 4.00%
Year 5 4.00%
Year 6 4.00%
Year 7 4.00%
Unless identified otherwise, the cost of such items as overtime, shift premiums and construction phasing are not included in the line item unit price.

This cost plan is based on standard industry practice, professional experience and knowledge of the local construction market costs. TBD Consultants have no control over the material and labor costs, contractors methods of establishing prices or the market and bidding conditions at the time of bid. Therefore TBD Consultants do not guarantee that the bids received will not vary from this cost estimate.

The Design Contingency is carried to cover scope that lacks definition and scope that is anticipated to be added to the Design. As the Design becomes more complete the Design Contingency will reduce.

The Construction Contingency has not been carried to cover the unforeseen during construction execution and Risks that do not currently have mitigation plans. (As Risks are mitigated, Construction Contingency can be reduce, but should not be eliminated.) An owners contingency has not been included in this construction cost estimate, but it is advised that the owner carry additional contingency to cover scope change, bidding conditions, claims and delays.

Escalation is required to the midpoint of construction which is assumed to be 78 months from May 9, 2023 rev3 This calculation does not account for adverse bidding conditions and a separate Bid Contingency should be carried if there are limited qualified bidders or if a market research study indicates.

Duration (days), 1094
Duration (days), 1824
Duration (days), 2371
Feb-2019 Jun-2020 Oct-2021 Mar-2023 Jul-2024 Dec-2025 Apr-2027 Sep-2028 Jan-2030 Jun-2031 Oct-2032 Construction
Design
Escalation

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

BASIS OF ESTIMATE

EXCLUSIONS FROM TOTAL ESTIMATED CONSTRUCTION COSTS
Costs for phasing for all projects
All City costs (i.e. soft costs, permitting and fees, inspections, design fees, technical reports, construction and project management, and financing costs) Preconstruction services
Surge & moving costs
Premium foundation systems (drilled piers, micro piles, etc.) Over excavation & recompaction of site soils
Delays in construction due to environmental mitigation measures Artwork / Public art
Utility connection fees and charges
Furniture, fixtures and equipment (FF&E) except fixed seating in auditorium space if applicable Land acquisition, feasibility studies, financing costs and all other owner costs Hazardous materials abatement
Construction/Owner's contingency
Costs for LEED certification
Operations and maintenance costs
Creek daylighting

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

OVERALL SUMMARY (TOTAL PROJECT COSTS) BUILDING /

SITE AREA
$/SF
MIDRANGE MID-RANGE LOW (-10%) HIGH (+10%) COMMENTS
PRELIMINARY ORDER OF MAGNITUDE COST ESTIMATE X $1,000 X $1,000 X $1,000 Maudelle Shirek Building - 27,500 GSF Existing + 15,500 GSF Addition Seismic Retrofit - (Damage Control+) to (Near Immediate Occupancy) 27,500 $542 $14,900 $13,400 $16,400 Envelope Systems including electrification, Accessibility, all other building upgrade and finishes 27,500 $625 $17,200 $15,500 $18,900 Two story addition on West side 15,500 $1,361 $21,100 $19,000 $23,200 PVs at new addition, Panels & infrastructure 7,750 $90 $700 $600 $800 Site improvement & utilities 18,600 $161 $3,000 $2,700 $3,300 43,000 $1,323 $56,900 $51,200 $62,600
Veterans Memorial Building - 28,000 gsf existing + 4,000 sf roof terrace Seismic Retrofit - BPON+ (or Better Performance Objective for New Buildings) 28,000 $250 $7,000 $6,300 $7,700
Envelope Systems including electrification, Accessibility, all other building upgrade and finishes 28,000 $629 $17,600 $15,800 $19,400 New Additions to either side of Stage 1,950 $1,641 $3,200 $2,900 $3,500 Roof Terrace (including 1,500 sf enclosure + 2,500 sf roof deck) in High range only 4,000 $1,050 $4,200 excluded $4,600
PVs at new addition, Panels & infrastructure 7,000 $86 $600 $500 $700 Site Improvements (paved areas in back for loading/service) & utilities 5,500 $164 $900 $800 $1,000 33,950 $987 $33,500 $26,300 $36,900
Martin Luther King Jr. Civic Center Park & Streets
Paths and paving, planting and irrigation, new trees and tree protection, utilities 203,000 $80 $16,300 $14,670 $17,930
Site Improvements to 2180 Milvia Western entry, VMB entry and public restrooms in Park 20,000 $100 $2,000 $1,800 $2,200
Martin Luther King Jr. Civic Center Park & Streets - TOTAL 223,000 $82 $18,300 $16,470 $20,130 TOTAL ESTIMATED CONSTRUCTION COST 76,950 $1,413 $108,700 $93,970 $119,630 ADD CONSTRUCTION CONTINGENCY 10% $141 $10,870 $9,783 $11,957 76,950 $1,554 $119,570 $103,753 $131,587
ADD CITY COSTS including permitting, inspections, design fees, technical reports, consultants, CM, PM. This excludes environmental studies, FF&E, financing
20% $311 $23,914 $21,523 $26,305
TOTAL CONSTRUCTION COSTS TO CITY 76,950 $1,865 $143,484 $125,276 $157,892 NOTES:

Estimates provided are based on information from:

March 10, 2023 BCC Vision & Implementation Plan
Tipping Structural Engineers
Berkeley Public Works Department
EXCLUSIONS FROM TOTAL ESTIMATED CONSTRUCTION COSTS:

Costs for phasing for all projects
All City costs (i.e. soft costs, permitting and fees, inspections, design fees, technical reports, construction and project management, and financing costs) Preconstruction services
Surge & moving costs
Premium foundation systems (drilled piers, micropiles, etc.) Over excavation & recompaction of site soils
Delays in construction due to environmental mitigation measures AV, telecommunications, and security equipment
Artwork / Public art
Utility connection fees and charges
Furniture, fixtures and equipment (FF&E) except fixed seating in auditorium space if applicable Land acquisition, feasibility studies, financing costs and all other owner costs Hazardous materials abatement
Construction/Owner's contingency
Operations and maintenance costs
Costs for LEED certification
Creek daylighting
Maudelle Shirek Building - 27,500 GSF Existing + 15,500 GSF Addition - TOTAL
Veterans Memorial Building - 28,000 gsf existing + 4,000 sf roof terrace - TOTAL
TOTAL CONSTRUCTION COST INCLUDING 10%

CONSTRUCTION CONTINGENCY

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

BERKELEY CIVIC CENTER - ROM COST DETAIL

ITEMIZED ROM COST DETAILS
GROSS
FLOOR
AREA
$/SF Direct Const
Cost
Gen Rqmt /
Gen Cond
Bond &
Insurance
General
Ctor Fee
Design
Contingency Subtotal Subtotal
$/SF Escalation
Total
Construction
Cost

COMMENTS

22.0% 2.50% 5.0% 20.0% 32.8% 209%
PRELIMINARY ORDER OF MAGNITUDE X $1,000 X $1,000 X $1,000 X $1,000 X $1,000 X $1,000 X $1,000

MAUDELLE SHIREK BECOMES THE BERKELEY CENTER / BERKELEY THINK

MAUDELLE SHIREK BUILDING
Functions as New Council Meeting Hall / City Offices / Community / Meeting Spaces Enhanced Seismic Retrofit (DC+) 27,500 $260.00 7,150 1,573 218 436 1,875 11,253 $409 3,688 14,900 Renovate existing building 27,500 $300.00 8,250 1,815 252 503 2,164 12,984 $472 4,255 17,200 Two story new construction 15,500 $650.00 10,075 2,217 307 615 2,643 15,856 $1,023 5,196 21,100 PVs at new addition, Panels & infrastructure 7,750 $40.00 310 68 9 19 81 488 $63 160 700 flat roof area for PV panels & system
Landscape/Exterior Improvements 18,600 $60.00 1,116 246 34 68 293 1,756 $94 576 2,300 Site Utilities 18,600 $18.00 335 74 10 20 88 527 $28 173 700 MAUDELLE SHIREK BUILDING - TOTAL 43,000 $633.39 27,236 5,992 831 1,661 7,144 42,864 $997 14,047 56,900 VETERANS MEMORIAL BUILDING - to be Converted into an "Arts Hub"

VETERANS MEMORIAL BUILDING
Function as Cultural Hive
Seismic Retrofit ROM (BPON+) 28,000 $120.00 3,360 739 102 205 881 5,288 $189 1,733 7,000 Renovate existing building 28,000 $300.00 8,400 1,848 256 512 2,203 13,220 $472 4,332 17,600 Addition to either side of Stage 1,950 $780.00 1,521 335 46 93 399 2,394 $1,228 784 3,200 connect to back stage + new elevators & stairs
New Roof Enclosure 1,500 $750.00 1,125 248 34 69 295 1,771 $1,180 580 2,400 Roof Terrace 2,500 $350.00 875 193 27 53 230 1,377 $551 451 1,800 PVs at new addition, Panels & infrastructure 7,000 $40.00 280 62 9 17 73 441 $63 144 600 flat roof area for PV panels & system
Landscape/Exterior Improvements 5,500 $60.00 330 73 10 20 87 519 $94 170 700 Site Utilities 5,500 $18.00 99 22 3 6 26 156 $28 51 200 33,950 $470.99 15,990 3,518 488 975 4,194 25,165 $741 8,247 33,500 Martin Luther King Jr. Civic Center Park & Streets
Program Room / Storage / Food / Café / Restaurant
Site paths and paving, planting and irrigation, new
trees and tree protection, utilities, furnishings and
bollards, infrastructure and lighting, playground and
skate spot, bulb outs, green infrastructure and
crosswalks
203,000 $38.33 7,780 1,712 237 475 2,041 12,245 $60 4,013 16,300 Improvements to 2180 Milvia western entry, VMB
entry and public restrooms in Park 20,000 $48.50 970 213 30 59 254 1,527 $76 500 2,000 MLK JR. CIVIC CENTER PARK & STREETS - TOTAL 223,000 $39.24 8,750 1,925 267 534 2,295 13,771 $62 4,513 18,300

VETERANS MEMORIAL BUILDING - TOTAL

Berkeley Civic Center Berkeley's Civic Center Design Concept Report Design Concept ROM Cost Plan May 9, 2023 rev3
Berkeley, California

BERKELEY CIVIC CENTER PARK - SITE IMPROVEMENTS

CIVIC CENTER PARK ROM ESTIMATE GROSS
AREA
$/SF

MIDRANGE
Direct
Construction
Cost

COMMENTS
PRELIMINARY ORDER OF MAGNITUDE X $1,000

BERKELEY CIVIC CENTER PARK - LANDSCAPING

LANDSCAPE CONCEPT DESIGN
Grass / Open Green 32,000 $6.50 208
Hardscape 93,000 $35.00 3,255
Planting 27,000 $16.80 454
Playscape 13,000 $22.40 291
Pedestrian space / paths / shared street 38,000 $25.70 977 Rough Grading & Site Demolition 203,000 $4.00 812
Street Improvement + Crossings 24,500 $17.00 417
New Tree Planting 60 $3,000 180
Special feature allowance 1 $280,000 280
Turtle Island Monument 2,000 $50 100
Peace Wall 180 $200 36
Misc. park furniture / benches 203,000 $1.00 203 allowance Site lighting 203,000 $2.80 568
203,000 $38.33 7,780

ENTRY/RESTROOM IMPROVEMENTS
2180 Milvia western entry 11,500 $30.00 345
VMB entry 7,500 $30.00 225
Public restroom in park 1,000 $400.00 400
20,000 $48.50 970

LANDSCAPE CONCEPT DESIGN - TOTAL

ENTRY/RESTROOM IMPROVEMENTS - TOTAL

ACTION CALENDAR
July 11, 2023

Sophie Hahn
District 5 Councilmember
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7150 ● TDD: (510) 981-6903 E-Mail: [email protected]
To: Honorable Mayor and Members of the City Council
From: Councilmember Sophie Hahn (Author), Mayor Jesse Arreguin (Co- Sponsor)
Subject: Dedicated Public Comment Time for City of Berkeley Unions

RECOMMENDATION
Adopt a Resolution (Attachment 3 + Exhibits A and B) revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting to:

1. Create a period of public comment reserved for officially designated representatives of City of Berkeley employee unions, immediately following the existing initial ten-minute period of public comment on non-agenda items.

2. Rescind Resolution No. 70,725–N.S.

CURRENT SITUATION
The City of Berkeley is experiencing a high staff vacancy rate across the entire organization. Over the long-term, high vacancy rates decrease the efficiency of services provided to the community and have a substantial impact on the morale of staff members asked to take on additional tasks working beyond their expected capacity.

On February 22, 2023, to help combat this trend, the City Council adopted the City Manager’s Employer of Choice Roadmap. Among many priorities, it states a target goal of no more than 5 percent staff vacancies, recognizing the status quo needs to change.

The roadmap states:
“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,

Dedicated Public Comment Time for City of Berkeley Unions ACTION CALENDAR July 11, 2023

we must transform our processes and implement new tools to be an Employer of Choice.”
The initiative funds additional HR professionals to accelerate hiring and new communications efforts to brand the City as an Employer of Choice. It also states that the retention of current employees is as important as hiring new employees, and that employees feeling seen and heard is key to retention:
“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. (Emphasis added).”
First-hand knowledge of the circumstances driving staff turnover and retention and impacting staff morale and success is crucial to fully understand the current situation, and for long term management of the organization. Towards these ends, the City of Berkeley should create a dedicated comment time at regular City Council meetings to hear from unions representing City employees. In adopting this practice, the City will follow the lead of the Berkeley Unified School District (BUSD) and the Berkeley Board of Library Trustees (BOLT), which already provide dedicated Union comment periods as part of their standing agendas.

City of Berkeley employees are currently represented by seven unions which would be eligible to participate in Union Comment Periods.

SEIU Local 1021 • Community Services and Part-Time Recreation Activity Leaders SEIU Local 1021 • Maintenance and Clerical Chapters.

Berkeley Chief Fire Officers Association • IAFF • Local 1227 Berkeley Fire Fighters Association • I.A.F.F. • Local 1227” Berkeley Police Association
IBEW • Local 1245
Public Employees Union • Local 1

BACKGROUND
Dedicated comment times for Unions representing agency workers are already standard operating procedure for BUSD and BOLT.

Dedicated Public Comment Time for City of Berkeley Unions ACTION CALENDAR July 11, 2023

BOLT Policy (see Attachment 4) establishes a reserved 15-minute comment period for union members as part of the public comment period, shared proportionally between any unions representing library employees present at meetings to provide comment:
“For regular meetings of the BOLT, representatives from the three unions representing Library employees may address BOLT, with a total time limit of 15 minutes. If all three (3) unions have representatives present and wish to speak, each union shall receive 5 minutes to address BOLT. If only two (2) unions have representatives present and wishing to speak, each union shall receive 7.5 minutes to address BOLT, for a total of 15 minutes. If only one (1) union has representatives present and wishing to speak, that union shall receive 15 minutes to address BOLT.”
The BUSD Board of Trustees similarly provides a dedicated Union Comment Period on each of their agendas (see Attachment 5):
“9. Union Comments The chair (or designee) of each District union that includes members of the public is given the opportunity to address the Board on any issue. 5 minutes per union.”
The City of Berkeley should adopt a similar policy.

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Sophie Hahn Council District 5 510-981-7150

ATTACHMENTS

1. Exhibit A: Revised City Council Rules of Procedure and Order (for adoption)

2. Exhibit B: Existing City Council Rules of Procedure and Order

3. Resolution

4. BOLT Meeting Policies

5. BUSD Agenda

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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.berkeleyca.gov The Berkeley City Council
Rules of Procedure and Order
Adopted by Resolution No. 70,725______–N.S.

Effective March 14, 2023July 11, 2023

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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......................................................................................................27 C. Information Reports Called Up for Discussion...........................................................27 D. Written Communications............................................................................................27 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters ...28 F. Work Sessions...........................................................................................................29 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 ITEMS38 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 Councilmembers 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 & Rules 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 taken 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 meeting 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 Councilmembers 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 subcommittees 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 Council 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 & Rules 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 placed 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. Move 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) Supplemental 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 Author 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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17 3. Distribution of the Agenda Packet.

The Agenda Packet shall consist of the Agenda and all supporting documents for agenda items. No later than 11 days prior to a regular meeting, the City Clerk shall:
a) distribute the Agenda Packet to each member of the City Council; b) post the Agenda Packet to the City’s website;
c) place copies of the Agenda Packet in viewing binders in the office of the City Clerk and in the main branch of the Berkeley Public Library; and d) make the Agenda Packet available to members of the press.

4. Failure to Meet Deadlines.
a) The City Clerk shall not accept any agenda item or revised agenda item after the deadlines established.
b) Matters not included on the published agenda may be discussed and acted upon as otherwise authorized by State law or providing the Council finds one of the following conditions is met:
 A majority of the Council determines that the subject meets the criteria of "Emergency" as defined in Section III.B.8.
 Two thirds of the Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
c) Matters listed on the printed agenda but for which supporting materials are not received by the City Council on the eleventh day prior to said meeting as part of the agenda packet, shall not be discussed or acted upon.

E. Agenda Sequence and Order of Business
The Council agenda for a regular business meeting is to be arranged in the following order:

1. Preliminary Matters: (Ceremonial, Comments from the City Manager, Comments from the City Auditor, Non-Agenda Public Comment, Public Comment by Employee Unions)

2. Consent Calendar

3. Action Calendar
a) Appeals
b) Public Hearings
c) Continued Business
d) Old Business

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18 e) New Business

4. Information Reports

5. Non-Agenda Public Comment

6. Adjournment

7. Communications
Action items may be reordered at the discretion of the Chair with the consent of Council.

The Agenda & Rules Committee shall have the authority to re-order the items on the Action Calendar regardless of the default sequence prescribed in this section.

F. Closed Session Documents
This section establishes a policy for the distribution of, and access to, confidential closed session documents by the Mayor and members of the City Council.

1. Confidential closed session materials shall be kept in binders numbered from one to nine and assigned to the Mayor (#9) and each Councilmember (#1 to #8 by district). The binders will contain confidential closed session materials related to Labor Negotiations, Litigation, and Real Estate matters.

2. The binders will be maintained by City staff and retained in the Office of the City Attorney in a secure manner. City staff will bring the binders to each closed session for their use by the Mayor and Councilmembers. At other times, the binders will be available to the Mayor and Councilmembers during regular business hours for review in the City Attorney’s Office. The binders may not be removed from the City Attorney’s Office or the location of any closed session meeting by the Mayor or Councilmembers. City staff will collect the binders at the end of each closed session meeting and return them to the City Attorney’s Office.

3. Removal of confidential materials from a binder is prohibited.

4. Duplication of the contents of a binder by any means is prohibited.

5. Confidential materials shall be retained in the binders for at least two years.

6. This policy does not prohibit the distribution of materials by staff to the Mayor and Councilmembers in advance of a closed session or otherwise as needed, but such materials shall also be included in the binders unless it is impracticable to do so.

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19 G. Regulations Governing City Council Policy Committees

1. Legislative Item Process
All agenda items begin with submission to the Agenda & Rules Committee.

Full Council Track
Items under this category are exempt from Agenda & Rules Committee discretion to refer them to a Policy Committee. Items in this category may be submitted for the agenda of any scheduled regular meeting pursuant to established deadlines (same as existing deadlines). Types of Full Council Track items are listed below. a. Items submitted by the City Manager and City Auditor b. Items submitted by Boards and Commissions
c. Resolutions on Legislation and Electoral Issues relating to Outside Agencies/Jurisdictions
d. Position Letters and/or Resolutions of Support/Opposition e. Donations from the Mayor and Councilmember District Office Budgets f. Referrals to the Budget Process
g. Proclamations
h. Sponsorship of Events
i. Information Reports
j. Presentations from Outside Agencies and Organizations k. Ceremonial Items
l. Committee and Regional Body Appointments
The Agenda & Rules Committee has discretion to determine if an item submitted by the Mayor or a Councilmember falls under a Full Council Track exception or if it will be processed as a Policy Committee Track item.

Policy Committee Track
Items submitted by the Mayor or Councilmembers with moderate to significant administrative, operational, budgetary, resource, or programmatic impacts will go first to the Agenda & Rules Committee on a draft City Council agenda.

The Agenda & Rules Committee must refer an item to a Policy Committee at the first meeting that the item appears before the Agenda & Rules Committee. The Agenda & Rules Committee may only assign the item to a single Policy Committee.

For a Policy Committee Track item, the Agenda & Rules Committee, at its discretion, may either route item directly to 1) the agenda currently under consideration, 2) one of the next three full Council Agendas (based on completeness of the item, lack of potential controversy, minimal impacts, etc.), or 3) to a Policy Committee.

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20 Time Critical Track
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 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 Agenda & Rules Committee retains final discretion to determine the time critical nature of an item.
a) Time Critical items submitted on the Full Council Track deadlines, that would otherwise be assigned to the Policy Committee Track, may bypass Policy Committee review if determined to be time critical. If such an item is deemed not to be time critical, it may be referred to a Policy Committee. b) Time Critical items on the Full Council Track or Policy Committee Track that are submitted at a meeting of the Agenda & Rules Committee may go directly on a council agenda if determined to be time critical.

2. Council Referrals to Committees
The full Council may refer any agenda item to a Policy Committee by majority vote.

3. Participation Rules for Policy Committees Pursuant to the Brown Act a. The quorum of a three-member Policy Committee is always two members. A majority vote of the committee (two ‘yes’ votes) is required to pass a motion. b. Two Policy Committee members may not discuss any item that has been referred to the Policy Committee outside of an open and noticed meeting. c. Notwithstanding paragraph (b) above, two members of a Policy Committee may be listed as Authors or Co-Sponsors on an item provided that one of the Authors or Co-Sponsors will not serve as a committee member for consideration of the item, and shall not participate in the committee’s discussion of, or action on the item. For purposes of the item, the appointed alternate, who also cannot be an Author or Co-Sponsor, will serve as a committee member in place of the non-participating Author or Co-Sponsor. d. All three members of a Policy Committee may not be Authors or Co-Sponsors of an item that will be heard by the committee.
e. Only one Author or Co-Sponsor who is not a member of the Policy Committee may attend the committee meeting to participate in discussion of the item.

Internal
21 f. If two or more non-committee members are present for any item or meeting, then all non-committee members may act only as observers and may not participate in discussion. If an Author who is not a member of the committee is present to participate in the discussion of their item, no other non-committee member Councilmembers, nor the Mayor, may attend as observers. g. An item may be considered by only one Policy Committee before it goes to the full Council.

4. Functions of the Committees
Committees shall have the following qualities/components:
a. All committees are Brown Act bodies with noticed public meetings and public comment. Regular meeting agendas will be posted at least 72 hours in advance of the meeting.
b. Minutes shall be available online.
c. Committees shall adopt regular meeting schedules, generally meeting once or twice per month; special meetings may be called when necessary, in accordance with the Brown Act.
d. Generally, meetings will be held at 2180 Milvia Street in publicly accessible meeting rooms that can accommodate the committee members, public attendees, and staff.
e. Members are recommended by the Mayor and approved by the full Council no later than January 31 of each year. Members continue to serve until successors are appointed and approved.
f. Chairs are elected by the Committee at the first regular meeting of the Committee after the annual approval of Committee members by the City Council. In the absence of the Chair, the committee member with the longest tenure on the Council will preside.
g. The Chair, or a quorum of the Committee may call a meeting or cancel a meeting of the Policy Committee.
h. Committees will review items for completeness in accordance with Section III.B.2 of the City Council Rules of Procedure and Order and alignment with Strategic Plan goals.
i. Reports leaving a Policy Committee must adequately include budget implications, administrative feasibility, basic legal concerns, and staff resource demands in order to allow for informed consideration by the full Council. j. Per Brown Act regulations, any revised or supplemental materials must be direct revisions or supplements to the item that was published in the agenda packet.

Items referred to a Policy Committee from the Agenda & Rules Committee or from the City Council must be agendized for a committee meeting within 60 days of the referral date.

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22 Within 120 days of the referral date, either (1) the committee Chair may accept the Primary Author’s request, either in writing, or in person at a meeting of the committee, that the item remain in committee until a date certain (more than one extension may be requested by the Primary Author); or (2) the committee may vote to send the item to the Agenda & Rules Committee to be placed on a Council Agenda with a Committee recommendation consisting of one of the four options listed below. The Committee Chair shall report any extension granted outside of a meeting to the Committee by email or verbally at the next Committee meeting.

1. Positive Recommendation (recommending Council pass the item as proposed),

2. Qualified Positive Recommendation (recommending Council pass the item with some changes),

3. Qualified Negative Recommendation (recommending Council reject the item unless certain changes are made) or

4. Negative Recommendation (recommending the item not be approved).

The Policy Committee’s recommendation will be included in a separate section of the report template for that purpose.

A Policy Committee may not refer an item under its consideration to a city board or commission.

The Primary Author of an item referred to a Policy Committee is responsible for revisions and resubmission of the item back to the full Council. Items originating from the City Manager are revised and submitted by the appropriate city staff. Items from Commissions are revised and resubmitted by the members of the Policy Committee. Items and recommendations originating from the Policy Committee are submitted to the City Clerk by the members of the committee.

If a Policy Committee does not take final action by the 120-day deadline, the item is returned to the Agenda & Rules Committee and appears on the next available Council agenda. The Agenda & Rules Committee may leave the item on the agenda under consideration or place it on the next Council agenda. Items appearing on a City Council agenda due to lack of action by a Policy Committee may not be referred to a Policy Committee and must remain on the full Council agenda for consideration.

Policy Committees may add discussion topics that are within their purview to their agenda with the concurrence of a majority of the Committee. These items are not subject to the 120-day deadline for action.

Once the item is voted out of a Policy Committee, the final item will be resubmitted to the agenda process by the Primary Author, and it will return to the Agenda & Rules Committee

Internal
23 on the next available agenda. The Agenda & Rules Committee may leave the item on the agenda under consideration or place it on the following Council agenda. Only items that receive a Positive Recommendation can be placed on the Consent Calendar.

The Primary Author may request expedited committee review for items referred to a committee. Criteria for expedited review is generally to meet a deadline for action (e.g. grant deadline, specific event date, etc.). If the committee agrees to the request, the deadline for final committee action is 45 days from the date the committee approves expedited review.

5. Number and Make-up of Committees
Six committees are authorized, each comprised of three Councilmembers, with a fourth Councilmember appointed as an alternate. Each Councilmember and the Mayor will serve on two committees. The Mayor shall be a member of the Agenda and Rules Committee.

The committees are as follows:

1. Agenda and Rules Committee

2. Budget and Finance Committee

3. Facilities, Infrastructure, Transportation, Environment, and Sustainability

4. Health, Life Enrichment, Equity, and Community

5. Land Use, Housing, and Economic Development

6. Public Safety
The Agenda & Rules Committee shall establish the Policy Committee topic groupings, and may adjust said groupings periodically thereafter in order to evenly distribute expected workloads of various committees.

All standing Policy Committees of the City Council are considered “legislative bodies” under the Brown Act and must conduct all business in accordance with the Brown Act.

6. Role of City Staff at Committee Meetings
Committees will be staffed by appropriate City Departments and personnel. As part of the committee process, staff will undertake a high-level, preliminary analysis of potential legal issues, costs, timelines, and staffing demands associated with the item. Staff analysis at the Policy Committee level is limited to the points above as the recommendation, program, or project has not yet been approved to proceed by the full Council.

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IV. CONDUCT OF MEETING
24 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, after the commencement of the meeting and immediately after Ceremonial Matters and City Manager Comments.
 At the first regular meeting of the month, Aa period of public comment reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
 Public comment on the Consent and Information Calendars.  Public comment on the Action Calendar at the onset of the Action calendar with the exception of appeals, public hearings, and quasi-judicial matters requiring public comment for due process purposes.
 Public comment on action items by those who did not speak in the earlier Action Calendar public comment period, any appeals, 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.

Except in the case of public comment by employee unions, sSpeakers 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.

With respect to public comment by employee unions, each union’s allocated time may be shared between more than one representative, and representatives and other members of unions may speak during other public comment periods in the same manner as members of the public.

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 extended public comment as a matter of due process.

1. Public Comment on Consent Calendar and Information Items.

Internal
IV. CONDUCT OF MEETING
25 The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar,” 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. No additional items can be moved onto the Consent Calendar once public comment has commenced.

At any time during, or immediately after, public comment on Information and Consent items, the Mayor or any Councilmember may move any Information or 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, reserved public comment by employee unions, 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. Public comment will occur for each Action item—excluding public hearings, appeals, and/or quasi-judicial matters— in separate but consecutive public comment periods before the Action Calendar is discussed by Council and staff and as the item is taken up. The Presiding Officer will open and close the public comment period for each Action Item, and each period will occur based on the order of the items on the agenda, or based on the discretion of the Presiding Officer.

During the public comment period for each Action Item, 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.

If ten or fewer persons are interested in speaking on an individual Action Item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking on an item, the Presiding Officer may limit the public comment for all speakers on the item 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.

3. Appeals Appearing on Action Calendar.

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IV. CONDUCT OF MEETING
26 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.

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 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.

4. Public Comment on Non-Agenda Matters.

Immediately following Ceremonial Matters and the City Manager Comments and prior to reserved public comment by employee unions, 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.

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.

Internal
APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 27 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 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.

5. 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.

B. Consent Calendar
There shall be a Consent Calendar on all regular meeting agendas on which shall be included those matters which the Mayor, Councilmembers, boards, commissions, City Auditor and City Manager deem to be of such nature that no debate or inquiry will be necessary at the Council meetings. Ordinances for second reading may be included in the Consent Calendar.

It is the policy of the Council that the Mayor or Councilmembers wishing to ask questions concerning Consent Calendar items should ask questions of the contact person identified prior to the Council meeting so that the need for discussion of consent calendar items can be minimized.

Consent Calendar items may be moved to the Action Calendar by the Council. Action items may be reordered at the discretion of the Chair with the consent of Council.

C. Information Reports Called Up for Discussion
Reports for Information designated for discussion at the request of the Mayor or any Councilmember shall be added to the appropriate section of the Action Calendar and may be acted upon at that meeting or carried over as pending business until discussed or withdrawn. The agenda will indicate that at the request of Mayor or any Councilmember a Report for Information may be acted upon by the Council.

D. Written Communications

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 28 Written communications from the public will not appear on the Council agenda as individual matters for discussion but will be distributed as part of the Council agenda packet with a cover sheet identifying the author and subject matter and will be listed under "Communications." All such communications must have been received by the City Clerk no later than 5:00 p.m. fifteen days prior to the meeting in order to be included on the agenda.

In instances where an individual forwards more than three pages of email messages not related to actionable items on the Council agenda to the Council to be reproduced in the "Communications" section of the Council packet, the City Clerk will not reproduce the entire email(s) but instead refer the public to the City's website or a hard copy of the email(s) on file in the City Clerk Department.

All communications shall be simply deemed received without any formal action by the Council. The Mayor or a Councilmember may refer a communication to the City Manager for action, if appropriate, or prepare a consent or action item for placement on a future agenda.

Communications related to an item on the agenda that are received after 5:00 p.m. fifteen days before the meeting are published as provided for in Chapter III.C.4.

E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters
The City Council, in setting the time and place for a public hearing, may limit the amount of time to be devoted to public presentations. Staff shall introduce the public hearing item and present their comments.

Following any staff presentation, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing.

Members shall also submit a report of such contacts in writing prior to the commencement of the hearing. Such reports shall include a brief statement describing the name, date, place, and content of the contact. Written reports shall be available for public review in the office of the City Clerk prior to the meeting and placed in a file available for public viewing at the meeting.

This is followed by five-minute presentations each by the appellant and applicant. Where the appellant is not the applicant, the appellants of a single appeal collectively shall have five minutes to comment and the applicant shall have five minutes to comment. If there are multiple appeals filed, each appellant or group of appellants shall have five minutes to comment. Where the appellant is the applicant, the applicant/appellant shall have five minutes to comment and the persons supporting the action of the board or commission on appeal shall have five minutes to comment. In the case of a public nuisance determination, the representative(s) of the subject property shall have five minutes to present.

Internal
APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 29 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.

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. Any person that addressed the Council during one of the five-minute periods may not speak again during the public comment period on the appeal. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

F. Work Sessions
The City Council may schedule a matter for general Council discussion and direction to staff. Official/formal action on a work session item will be scheduled on a subsequent agenda under the Action portion of the Council agenda.

In general, public comment at Council work sessions will be heard after the staff presentation, for a limited amount of time to be determined by the Presiding Officer.

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. 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.

After Council discussion, if time permits, the Presiding Officer may allow additional public comment. During this time, each speaker will receive one minute. Persons who spoke during the prior public comment time may be permitted to speak again.

G. Protocol
People addressing the Council may first give their name in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No one other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked of a Councilmember except through the Presiding Officer.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 30 V. PROCEDURAL MATTERS
A. Persons Authorized to Sit at Tables
No person, except City officials, their representatives and representatives of boards and commissions shall be permitted to sit at the tables in the front of the Council Chambers without the express consent of the Council.

B. Decorum
No person shall disrupt the orderly conduct of the Council meeting. Prohibited disruptive behavior includes but is not limited to shouting, making disruptive noises, such as boos or hisses, creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council Dais without consent. Any written communications addressed to the Council shall be delivered to the City Clerk for distribution to the Council.

C. Enforcement of Decorum
When the public demonstrates a lack of order and decorum, the presiding officer shall call for order and inform the person(s) that the conduct is violating the Rules of Order and Procedure and provide a warning to the person(s) to cease the disruptive behavior. Should the person(s) fail to cease and desist the disruptive conduct, the presiding officer may call a five (5) minute recess to allow the disruptions to cease.

If the meeting cannot be continued due to continued disruptive conduct, the presiding officer may have any law enforcement officer on duty remove or place any person who violates the order and decorum of the meeting under arrest and cause that person to be prosecuted under the provisions of applicable law.

D. Precedence of Motions
When a question or motion is before the Council, no motion shall be entertained except:

1. To adjourn;

2. To fix the hour of adjournment;

3. To lay on the table;

4. For the previous question;

5. To postpone to a certain day;

6. To refer;

7. To amend;

8. To substitute; and

9. To postpone indefinitely.

These motions shall have precedence in order indicated. Any such motion, except a motion to amend or substitute, shall be put to a vote without debate.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 31 E. Robert’s Rules of Order
Robert’s Rules of Order have been adopted by the City Council and apply in all cases except the precedence of motions in Section V.D shall supersede.

F. Rules of Debate

1. Presiding Officer May Debate.

The presiding officer may debate from the chair; subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of that person acting as the presiding officer.

2. Getting the Floor - Improper References to be avoided.

Members desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine themself to the question under debate.

3. Interruptions.

A member, once recognized, shall not be interrupted when speaking unless it is to call a member to order, or as herein otherwise provided. If a member, while speaking, were called to order, that member shall cease speaking until the question of order is determined, and, if in order, the member shall be permitted to proceed.

4. Privilege of Closing Debate.

The Mayor or Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. When a motion to call a question is passed, the Mayor or Councilmember moving adoption of an ordinance, resolution or other action shall have three minutes to conclude the debate.

5. Motion to Reconsider.

A motion to reconsider any action taken by the Council may be made only during the same session such action is taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by a member on the prevailing side, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the Council.

6. Repeal or Amendment of Action Requiring a Vote of Two-Thirds of Council, or Greater.

Any ordinance or resolution which is passed and which, as part of its terms, requires a vote of two-thirds of the Council or more in order to pass a motion pursuant to such an ordinance or resolution, shall require the vote of the same percent of the Council to repeal or amend the ordinance or resolution.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 32 G. Debate Limited

1. Consideration of each matter coming before the Council shall be limited to 20 minutes from the time the matter is first taken up, at the end of which period consideration of such matter shall terminate and the matter shall be dropped to the foot of the agenda, immediately ahead of Information Reports; provided that either of the following two not debatable motions shall be in order:
a) A motion to extend consideration which, if passed, shall commence a new twenty-minute period for consideration; or
b) If there are one or more motions on the floor, a motion for the previous question, which, if passed by a 2/3 vote, shall require an immediate vote on pending motions.

2. The time limit set forth in subparagraph 1 hereof shall not be applicable to any public hearing, public discussion, Council discussion or other especially set matter for which a period of time has been specified (in which case such specially set time shall be the limit for consideration) or which by applicable law (e.g. hearings of appeals, etc.), the matter must proceed to its conclusion.

3. In the interest of expediting the business of the City, failure by the Chair or any Councilmember to call attention to the expiration of the time allowed for consideration of a matter, by point of order or otherwise, shall constitute unanimous consent to the continuation of consideration of the matter beyond the allowed time; provided, however, that the Chair or any Councilmember may at any time thereafter call attention to the expiration of the time allowed, in which case the Council shall proceed to the next item of business, unless one of the motions referred to in Section D hereof is made and is passed.

H. Motion to Lay on Table
A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with consent of two-thirds of the members present.

I. Division of Question
If the question contains two or more propositions, which can be divided, the presiding officer may, and upon request of a member shall, divide the same.

J. Addressing the Council
Under the following headings of business, unless the presiding officer rules otherwise, any interested person shall have the right to address the Council in accordance with the following conditions and upon obtaining recognition by the presiding officer:

1. Written Communications.

Interested parties or their authorized representatives may address the Council in the form of written communications in regard to matters of concern to them by

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 33 submitting their written communications at the meeting, or prior to the meeting pursuant to the deadlines in Chapter III.C.4.

2. Public Hearings.

Interested persons or their authorized representatives may address the Council by reading protests, petitions, or communications relating to matters then under consideration.

3. Public Comment.

Interested persons may address the Council on any issue concerning City business during the period assigned to Public Comment.

K. Addressing the Council After Motion Made
When a motion is pending before the Council, no person other than the Mayor or a Councilmember shall address the Council without first securing the permission of the presiding officer or Council to do so.

L. Use of Cellular Phones and Electronic Devices
The use of cell phones during City Council meetings is discouraged for the Mayor and Councilmembers. While communications regarding Council items should be minimized, personal communications between family members and/or caregivers can be taken outside in the case of emergencies. In order to acknowledge differences in learning styles and support tactile learners, note-taking can continue to be facilitated both with a pen and paper and/or on electronic devices such as laptop computers and tablets.

The use cell phones during Closed Session Meetings is explicitly prohibited for the Mayor and Councilmembers.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 34 VI.FACILITIES
A. Meeting Location Capacity
Attendance at council meetings shall be limited to the posted seating capacity of the meeting location. Entrance to the meeting location will be appropriately regulated by the City Manager on occasions when capacity is likely to be exceeded. While the Council is in session, members of the public shall not remain standing in the meeting room except to address the Council, and sitting on the floor shall not be permitted.

B. Alternate Facilities for Council Meetings
The City Council shall approve in advance a proposal that a Council meeting be held at a facility other than the School District Board Room.

If the City Manager has reason to anticipate that the attendance for a meeting will be substantially greater than the capacity of the Board Room and insufficient time exists to secure the approval of the City Council to hold the meeting at an alternate facility, the City Manager shall make arrangements for the use of a suitable alternate facility to which such meeting may be recessed and moved, if the City Council authorizes the action.

If a suitable alternate facility is not available, the City Council may reschedule the matter to a date when a suitable alternate facility will be available.

Alternate facilities are to be selected from those facilities previously approved by the City Council as suitable for meetings away from the Board Room.

C. Signs, Objects, and Symbolic Materials
Objects and symbolic materials such as signs which do not have sticks or poles attached or otherwise create any fire or safety hazards will be allowed within the meeting location during Council meetings.

D. Fire Safety
Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways. Attendees are strictly prohibited from sitting in aisles and/or exit ways. Exit ways shall not be used in any way that will present a hazardous condition.

E. Overcrowding
Admittance of persons beyond the approved capacity of a place of assembly is prohibited. When the meeting location has reached the posted maximum capacity, additional attendees shall be directed to the designated overflow area.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 35 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC

FACILITIES
Purpose
To establish a uniform policy regarding the naming and renaming of existing and future parks, streets, pathways and other public facilities.

Objective
A. To ensure that naming public facilities (such as parks, streets, recreation facilities, pathways, open spaces, public building, bridges or other structures) will enhance the values and heritage of the City of Berkeley and will be compatible with community interest.

Section 1 – Lead Commission
The City Council designates the following commissions as the ‘Lead Commissions’ in overseeing, evaluating, and ultimately advising the Council in any naming or renaming of a public facility. The lead commission shall receive and coordinate comment and input from other Commissions and the public as appropriate.

Board of Library Trustees
Parks and Recreation Commission –Parks, recreation centers, camps, plazas and public open spaces
Public Works Commission –Public buildings (other than recreation centers), streets and bridges or other structures in the public thoroughfare.

Waterfront Commission –Public facilities within the area of the City known as the Waterfront, as described in BMC 3.36.060.B.

Section 2 – General Policy
A. Newly acquired or developed public facilities shall be named immediately after acquisition or development to ensure appropriate public identity.

B. No public facility may be named for a living person, but this policy can be overridden with a 2/3 vote of the City Council.

C. Public facilities that are renamed must follow the same criteria for naming new facilities.

In addition, the historical significance and geographical reference of the established name should be considered when weighing and evaluating any name change.

D. The City encourages the recognition of individuals for their service to the community in ways that include the naming of activities such as athletic events, cultural presentations, or annual festivals, which do not involve the naming or renaming of public facilities.

E. Unless restricted by covenant, facilities named after an individual should not necessarily be considered a perpetual name.

Section 3 – Criteria for Naming of Public Facilities
When considering the naming of a new public facility or an unnamed portion or feature within an already named public facility (such as a room within the facility or a feature within an established park), or, the renaming of an existing public facility the following criteria shall be applied:

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 36 A. Public Facilities are generally easier to identify by reference to adjacent street names, distinct geographic or environmental features, or primary use activity. Therefore, the preferred practice is to give City-owned property a name of historical or geographical significance and to retain these names.

B. No public facility may be named for a living person, but this policy can be overridden with a 2/3 vote of the City Council.

C. The naming of a public facility or any parts thereof in recognition of an individual posthumously may only be considered if the individual had a positive effect on the community and has been deceased for more than 1 year.

D. When a public facility provides a specific programmatic activity, it is preferred that the activity (e.g. skateboard park, baseball diamond) be included in the name of the park or facility.

E. When public parks are located adjacent to elementary schools, a name that is the same as the adjacent school shall be considered.

F. When considering the renaming of an existing public facility, in addition to applying criteria A-E above, proper weight should be given to the fact that: a name lends a site or property authenticity and heritage; existing names are presumed to have historic significance; and historic names give a community a sense of place and identity, continuing through time, and increases the sense of neighborhood and belonging.

Section 4 –Naming Standards Involving a Major Contribution When a person, group or organization requests the naming or renaming of a public facility, all of the following conditions shall be met:

A. An honoree will have made a major contribution towards the acquisition and/or development costs of a public facility or a major contribution to the City.

B. The honoree has a record of outstanding service to their community C. Conditions of any donation that specifies that name of a public facility, as part of an agreement or deed, must be approved by the City Council, after review by and upon recommendation of the City Manager.

Section 5 –Procedures for Naming or Renaming of Public Facilities A. Any person or organization may make a written application to the City Manager requesting that a public facility or portion thereof, be named or renamed.

1. Recommendations may also come directly of the City Boards or Commissions, the City Council, or City Staff.

B. The City Manager shall refer the application to the appropriate lead commission as defined in Section 1 of the City’s policy on naming of public facilities, for that commission’s review, facilitation, and recommendation of disposition.

1. The application shall contain the name or names of the persons or organization making the application and the reason for the requested naming or renaming.

C. The lead commission shall review and consider the application, using the policies and criteria articulated to the City Policy on Naming and Renaming to make a recommendation to Council.

1. All recommendations or suggestion will be given the same consideration without regard to the source of the nomination
D. The lead commission shall hold a public hearing and notify the general public of any discussions regarding naming or renaming of a public facility.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 37 1. Commission action will be taking at the meeting following any public hearing on the naming or renaming.

E. The commission’s recommendation shall be forwarded to Council for final consideration.

The City of Berkeley Policy for Naming and Renaming Public Facilities was adopted by the Berkeley City Council at the regular meeting of January 31, 2012.

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 38 APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL

AGENDA ITEMS
These guidelines are derived from the requirements for Agenda items listed in the Berkeley City Council Rules of Procedure and Order, Chapter III, Sections B(1) and (2), reproduced below. In addition, Chapter III Section C(1)(a) of the Rules of Procedure and Order allows the Agenda & Rules Committee to request that the Primary Author of an item provide “additional analysis” if the item as submitted evidences a “significant lack of background or supporting information” or “significant grammatical or readability issues.”
These guidelines provide a more detailed and comprehensive overview of elements of a complete Council item. While not all elements would be applicable to every type of Agenda item, they are intended to prompt Authors to consider presenting items with as much relevant information and analysis as possible.

Chapter III, Sections (B)(1) and (2) of Council Rules of Procedure and Order:

2. Agenda items shall contain all relevant documentation, including the following as Applicable:
a. A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested; b. Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information;
c. Recommendation of the City Manager, if applicable (these provisions shall not apply to Mayor and Council items.);
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.

If the Primary Author of any report believes additional background information, beyond the basic report, is necessary to Council understanding of the subject, a separate compilation of such background information may be developed and copies will be available for Council and for public review in the City Clerk Department, and the City Clerk shall provide limited distribution of such background information depending upon quantity of pages to be duplicated. In such case the agenda item distributed with the packet shall so indicate.

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 39 Guidelines for City Council Items:

1. Title

2. Consent/Action/Information Calendar

3. Recommendation

4. Summary Statement/Current situation and its effects

5. Background

6. Review of Existing Plans, Programs, Policies and Laws

7. Actions/Alternatives Considered

8. Consultation/Outreach Overview and Results

9. Rationale for Recommendation

10.Implementation, Administration and Enforcement

11.Environmental Sustainability

12.Fiscal Impacts

13.Outcomes and Evaluation

14.Contact Information

15.Attachments/Supporting Materials
___________________________________________________

1. Title
A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested.

2. Consent/Action/Information Calendar
Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information.

3. Recommendation
Clear, succinct statement of action(s) to be taken. Recommendations can be further detailed within the item, by specific reference.

Common action options include:
● Adopt first reading of ordinance
● Adopt a resolution
● Referral to the City Manager (City Manager decides if it is a short term referral or is placed on the RRV ranking list)
● Direction to the City Manager (City Manager is directed to execute the recommendation right away, it is not placed on any referral list) ● Referral to a Commission or to a Standing or Ad Hoc Council Committee ● Referral to the budget process
● Send letter of support
● Accept, Approve, Modify or Reject a recommendation from a Commission or Committee
● Designate members of the Council to perform some action

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 40 4. Summary Statement/ “Current situation and its effects” A short resume of the circumstances that give rise to the need for the recommended action(s).
● Briefly state the opportunity/problem/concern that has been identified, and the proposed solution.
● Example (fictional):

Winter rains are lasting longer than expected. Berkeley’s winter shelters are poised to close in three weeks, but forecasts suggest rain for another two months. If they do not remain open until the end of the rainy season, hundreds of people will be left in the rain 24/7. Therefore, this item seeks authorization to keep Berkeley’s winter shelters open until the end of April, and refers to the Budget Process $40,000 to cover costs of an additional two months of shelter operations.

5. Background
A full discussion of the history, circumstances and concerns to be addressed by the item.
● For the above fictional example, Background would include information and data about the number and needs of homeless individuals in Berkeley, the number and availability of permanent shelter beds that meet their needs, the number of winter shelter beds that would be lost with closure, the impacts of such closure on this population, the weather forecasts, etc.

6. Review of Existing Plans, Programs, Policies and Laws Review, identify and discuss relevant/applicable Plans, Programs, Policies and Laws, and how the proposed actions conform with, compliment, are supported by, differ from or run contrary to them. What gaps were found that need to be filled? What existing policies, programs, plans and laws need to be changed/supplemented/improved/repealed? What is missing altogether that needs to be addressed?
Review of all pertinent/applicable sections of:
● The City Charter
● Berkeley Municipal Code
● Administrative Regulations
● Council Resolutions
● Staff training manuals
Review of all applicable City Plans:
● The General Plan
● Area Plans
● The Climate Action Plan
● Resilience Plan
● Equity Plan

Internal
APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 41 ● Capital Improvements Plan
● Zero Waste Plan
● Bike Plan
● Pedestrian Plan
● Other relevant precedents and plans
Review of the City’s Strategic Plan
Review of similar legislation previously introduced/passed by Council Review of County, State and Federal laws/policies/programs/plans, if applicable

7. Actions/Alternatives Considered
● What solutions/measures have other jurisdictions adopted that serve as models/cautionary tales?
● What solutions/measures are recommended by advocates, experts, organizations?
● What is the range of actions considered, and what are some of their major pros and cons?
● Why were other solutions not as feasible/advisable?

8. Consultation/Outreach Overview and Results
● Review/list external and internal stakeholders that were consulted ○ External: constituents, communities, neighborhood organizations, businesses and not for profits, advocates, people with lived experience, faith organizations, industry groups, people/groups that might have concerns about the item, etc.
○ Internal: staff who would implement policies, the City Manager and/or deputy CM, Department Heads, City Attorney, Clerk, etc. ● What reports, articles, books, websites and other materials were consulted? ● What was learned from these sources?
● What changes or approaches did they advocate for that were accepted or rejected?

9. Rationale for Recommendation
A clear and concise statement as to whether the item proposes actions that:
● Conform to, clarify or extend existing Plans, Programs, Policies and Laws ● Change/Amend existing Plans, Programs, Policies and Laws in minor ways ● Change/Amend existing Plans, Programs, Policies and Laws in major ways ● Create an exception to existing Plans, Programs, Policies and Laws ● Reverse/go contrary to or against existing Plans, Programs, Policies and Laws
Argument/summary of argument in support of recommended actions. The argument likely has already been made via the information and analysis already presented,

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 42 but should be presented/restated/summarized. Plus, further elaboration of terms for recommendations, if any.

10.Implementation, Administration and Enforcement
Discuss how the recommended action(s) would be implemented, administered and enforced. What staffing (internal or via contractors/consultants) and materials/facilities are likely required for implementation?

11.Environmental Sustainability
Discuss the impacts of the recommended action(s), if any, on the environment and the recommendation’s positive and/or negative implications with respect to the City’s Climate Action, Resilience, and other sustainability goals.

12.Fiscal Impacts
Review the recommended action’s potential to generate funds or savings for the City in the short and long-term, as well as the potential direct and indirect costs.

13.Outcomes and Evaluation
State the specific outcomes expected, if any (i.e., “it is expected that 100 homeless people will be referred to housing every year”) and what reporting or evaluation is recommended.

14.Contact Information

15.Attachments/Supporting Materials

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APPENDIX C
43 APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY

COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE
COVID-19 EMERGENCY
Mayor and Councilmember Speaking Time on Agenda Items
For the Consent Calendar, the Mayor and Councilmembers will initially have up to five minutes each to make comments. After all members of the Council have spoken (or passed) and after public comment, members will each have two additional minutes to discuss the Consent Calendar.

For non-Consent items, the Mayor and Councilmembers will have two minutes each to make initial comments on an agenda item, except for the author of an agenda item who will have five minutes to initially present the item. After every Councilmember has spoken or declined and after public comment, Councilmembers will each have another five minutes per person to address an item. Debate may be extended beyond a second round of Council comments by a majority vote (5 votes).

Time will toll during staff answers to questions; Councilmembers are urged to ask their questions of city staff before the meeting or in writing.

Procedure for Pulling Items from Consent or Information Calendar Three (3) members of the City Council must agree to pull an item from the Consent or Information Calendar for it to move to Action. Absent three members concurring, the item will stay on Consent or Information Calendar and, with respect to Consent items, the Mayor or Councilmembers will be allowed to record their aye, nay or abstain votes on individual items or the entire Consent Calendar.

Moving an item from the Action Calendar to the Consent Calendar requires the unanimous consent of the entire City Council.

Public Comment Speaking Time
With the exception of prescribed times in the Rules of Procedure for public hearings and public comment by employee unions, the amount of time for each speaker during public comment is limited to two 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 will be conducted in the order of hands raised on the Zoom platform, and will be limited to either the first 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

Internal

APPENDIX C
44 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.

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.berkeleyca.gov The Berkeley City Council
Rules of Procedure and Order
Adopted by Resolution No. 70,725–N.S.

Effective March 14, 2023

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......................................................................................................27 C. Information Reports Called Up for Discussion...........................................................27 D. Written Communications............................................................................................27 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters ...28 F. Work Sessions...........................................................................................................29 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

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 ITEMS38 APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE COVID-19 EMERGENCY...........................43

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 Councilmembers 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

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.

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 & Rules 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.

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 taken 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.

8 H. Pledge of Allegiance to the Flag
At the first meeting of each year following the August recess and at any subsequent meeting 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 Councilmembers 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 subcommittees 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.

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 Council 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;

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

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 & Rules 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.

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 placed 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.

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. Move 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.

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.

15 b) Supplemental 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 Author 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.

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.

17 3. Distribution of the Agenda Packet.

The Agenda Packet shall consist of the Agenda and all supporting documents for agenda items. No later than 11 days prior to a regular meeting, the City Clerk shall:
a) distribute the Agenda Packet to each member of the City Council; b) post the Agenda Packet to the City’s website;
c) place copies of the Agenda Packet in viewing binders in the office of the City Clerk and in the main branch of the Berkeley Public Library; and d) make the Agenda Packet available to members of the press.

4. Failure to Meet Deadlines.
a) The City Clerk shall not accept any agenda item or revised agenda item after the deadlines established.
b) Matters not included on the published agenda may be discussed and acted upon as otherwise authorized by State law or providing the Council finds one of the following conditions is met:
 A majority of the Council determines that the subject meets the criteria of "Emergency" as defined in Section III.B.8.
 Two thirds of the Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
c) Matters listed on the printed agenda but for which supporting materials are not received by the City Council on the eleventh day prior to said meeting as part of the agenda packet, shall not be discussed or acted upon.

E. Agenda Sequence and Order of Business
The Council agenda for a regular business meeting is to be arranged in the following order:

1. Preliminary Matters: (Ceremonial, Comments from the City Manager, Comments from the City Auditor, Non-Agenda Public Comment)

2. Consent Calendar

3. Action Calendar
a) Appeals
b) Public Hearings
c) Continued Business
d) Old Business
e) New Business

18 4. Information Reports

5. Non-Agenda Public Comment

6. Adjournment

7. Communications
Action items may be reordered at the discretion of the Chair with the consent of Council.

The Agenda & Rules Committee shall have the authority to re-order the items on the Action Calendar regardless of the default sequence prescribed in this section.

F. Closed Session Documents
This section establishes a policy for the distribution of, and access to, confidential closed session documents by the Mayor and members of the City Council.

1. Confidential closed session materials shall be kept in binders numbered from one to nine and assigned to the Mayor (#9) and each Councilmember (#1 to #8 by district). The binders will contain confidential closed session materials related to Labor Negotiations, Litigation, and Real Estate matters.

2. The binders will be maintained by City staff and retained in the Office of the City Attorney in a secure manner. City staff will bring the binders to each closed session for their use by the Mayor and Councilmembers. At other times, the binders will be available to the Mayor and Councilmembers during regular business hours for review in the City Attorney’s Office. The binders may not be removed from the City Attorney’s Office or the location of any closed session meeting by the Mayor or Councilmembers. City staff will collect the binders at the end of each closed session meeting and return them to the City Attorney’s Office.

3. Removal of confidential materials from a binder is prohibited.

4. Duplication of the contents of a binder by any means is prohibited.

5. Confidential materials shall be retained in the binders for at least two years.

6. This policy does not prohibit the distribution of materials by staff to the Mayor and Councilmembers in advance of a closed session or otherwise as needed, but such materials shall also be included in the binders unless it is impracticable to do so.

19 G. Regulations Governing City Council Policy Committees

1. Legislative Item Process
All agenda items begin with submission to the Agenda & Rules Committee.

Full Council Track
Items under this category are exempt from Agenda & Rules Committee discretion to refer them to a Policy Committee. Items in this category may be submitted for the agenda of any scheduled regular meeting pursuant to established deadlines (same as existing deadlines). Types of Full Council Track items are listed below. a. Items submitted by the City Manager and City Auditor b. Items submitted by Boards and Commissions
c. Resolutions on Legislation and Electoral Issues relating to Outside Agencies/Jurisdictions
d. Position Letters and/or Resolutions of Support/Opposition e. Donations from the Mayor and Councilmember District Office Budgets f. Referrals to the Budget Process
g. Proclamations
h. Sponsorship of Events
i. Information Reports
j. Presentations from Outside Agencies and Organizations k. Ceremonial Items
l. Committee and Regional Body Appointments
The Agenda & Rules Committee has discretion to determine if an item submitted by the Mayor or a Councilmember falls under a Full Council Track exception or if it will be processed as a Policy Committee Track item.

Policy Committee Track
Items submitted by the Mayor or Councilmembers with moderate to significant administrative, operational, budgetary, resource, or programmatic impacts will go first to the Agenda & Rules Committee on a draft City Council agenda.

The Agenda & Rules Committee must refer an item to a Policy Committee at the first meeting that the item appears before the Agenda & Rules Committee. The Agenda & Rules Committee may only assign the item to a single Policy Committee.

For a Policy Committee Track item, the Agenda & Rules Committee, at its discretion, may either route item directly to 1) the agenda currently under consideration, 2) one of the next three full Council Agendas (based on completeness of the item, lack of potential controversy, minimal impacts, etc.), or 3) to a Policy Committee.

20 Time Critical Track
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 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 Agenda & Rules Committee retains final discretion to determine the time critical nature of an item.
a) Time Critical items submitted on the Full Council Track deadlines, that would otherwise be assigned to the Policy Committee Track, may bypass Policy Committee review if determined to be time critical. If such an item is deemed not to be time critical, it may be referred to a Policy Committee. b) Time Critical items on the Full Council Track or Policy Committee Track that are submitted at a meeting of the Agenda & Rules Committee may go directly on a council agenda if determined to be time critical.

2. Council Referrals to Committees
The full Council may refer any agenda item to a Policy Committee by majority vote.

3. Participation Rules for Policy Committees Pursuant to the Brown Act a. The quorum of a three-member Policy Committee is always two members. A majority vote of the committee (two ‘yes’ votes) is required to pass a motion. b. Two Policy Committee members may not discuss any item that has been referred to the Policy Committee outside of an open and noticed meeting. c. Notwithstanding paragraph (b) above, two members of a Policy Committee may be listed as Authors or Co-Sponsors on an item provided that one of the Authors or Co-Sponsors will not serve as a committee member for consideration of the item, and shall not participate in the committee’s discussion of, or action on the item. For purposes of the item, the appointed alternate, who also cannot be an Author or Co-Sponsor, will serve as a committee member in place of the non-participating Author or Co-Sponsor. d. All three members of a Policy Committee may not be Authors or Co-Sponsors of an item that will be heard by the committee.
e. Only one Author or Co-Sponsor who is not a member of the Policy Committee may attend the committee meeting to participate in discussion of the item.

21 f. If two or more non-committee members are present for any item or meeting, then all non-committee members may act only as observers and may not participate in discussion. If an Author who is not a member of the committee is present to participate in the discussion of their item, no other non-committee member Councilmembers, nor the Mayor, may attend as observers. g. An item may be considered by only one Policy Committee before it goes to the full Council.

4. Functions of the Committees
Committees shall have the following qualities/components:
a. All committees are Brown Act bodies with noticed public meetings and public comment. Regular meeting agendas will be posted at least 72 hours in advance of the meeting.
b. Minutes shall be available online.
c. Committees shall adopt regular meeting schedules, generally meeting once or twice per month; special meetings may be called when necessary, in accordance with the Brown Act.
d. Generally, meetings will be held at 2180 Milvia Street in publicly accessible meeting rooms that can accommodate the committee members, public attendees, and staff.
e. Members are recommended by the Mayor and approved by the full Council no later than January 31 of each year. Members continue to serve until successors are appointed and approved.
f. Chairs are elected by the Committee at the first regular meeting of the Committee after the annual approval of Committee members by the City Council. In the absence of the Chair, the committee member with the longest tenure on the Council will preside.
g. The Chair, or a quorum of the Committee may call a meeting or cancel a meeting of the Policy Committee.
h. Committees will review items for completeness in accordance with Section III.B.2 of the City Council Rules of Procedure and Order and alignment with Strategic Plan goals.
i. Reports leaving a Policy Committee must adequately include budget implications, administrative feasibility, basic legal concerns, and staff resource demands in order to allow for informed consideration by the full Council. j. Per Brown Act regulations, any revised or supplemental materials must be direct revisions or supplements to the item that was published in the agenda packet.

Items referred to a Policy Committee from the Agenda & Rules Committee or from the City Council must be agendized for a committee meeting within 60 days of the referral date.

22 Within 120 days of the referral date, either (1) the committee Chair may accept the Primary Author’s request, either in writing, or in person at a meeting of the committee, that the item remain in committee until a date certain (more than one extension may be requested by the Primary Author); or (2) the committee may vote to send the item to the Agenda & Rules Committee to be placed on a Council Agenda with a Committee recommendation consisting of one of the four options listed below. The Committee Chair shall report any extension granted outside of a meeting to the Committee by email or verbally at the next Committee meeting.

1. Positive Recommendation (recommending Council pass the item as proposed),

2. Qualified Positive Recommendation (recommending Council pass the item with some changes),

3. Qualified Negative Recommendation (recommending Council reject the item unless certain changes are made) or

4. Negative Recommendation (recommending the item not be approved).

The Policy Committee’s recommendation will be included in a separate section of the report template for that purpose.

A Policy Committee may not refer an item under its consideration to a city board or commission.

The Primary Author of an item referred to a Policy Committee is responsible for revisions and resubmission of the item back to the full Council. Items originating from the City Manager are revised and submitted by the appropriate city staff. Items from Commissions are revised and resubmitted by the members of the Policy Committee. Items and recommendations originating from the Policy Committee are submitted to the City Clerk by the members of the committee.

If a Policy Committee does not take final action by the 120-day deadline, the item is returned to the Agenda & Rules Committee and appears on the next available Council agenda. The Agenda & Rules Committee may leave the item on the agenda under consideration or place it on the next Council agenda. Items appearing on a City Council agenda due to lack of action by a Policy Committee may not be referred to a Policy Committee and must remain on the full Council agenda for consideration.

Policy Committees may add discussion topics that are within their purview to their agenda with the concurrence of a majority of the Committee. These items are not subject to the 120-day deadline for action.

Once the item is voted out of a Policy Committee, the final item will be resubmitted to the agenda process by the Primary Author, and it will return to the Agenda & Rules Committee

23 on the next available agenda. The Agenda & Rules Committee may leave the item on the agenda under consideration or place it on the following Council agenda. Only items that receive a Positive Recommendation can be placed on the Consent Calendar.

The Primary Author may request expedited committee review for items referred to a committee. Criteria for expedited review is generally to meet a deadline for action (e.g. grant deadline, specific event date, etc.). If the committee agrees to the request, the deadline for final committee action is 45 days from the date the committee approves expedited review.

5. Number and Make-up of Committees
Six committees are authorized, each comprised of three Councilmembers, with a fourth Councilmember appointed as an alternate. Each Councilmember and the Mayor will serve on two committees. The Mayor shall be a member of the Agenda and Rules Committee.

The committees are as follows:

1. Agenda and Rules Committee

2. Budget and Finance Committee

3. Facilities, Infrastructure, Transportation, Environment, and Sustainability

4. Health, Life Enrichment, Equity, and Community

5. Land Use, Housing, and Economic Development

6. Public Safety
The Agenda & Rules Committee shall establish the Policy Committee topic groupings, and may adjust said groupings periodically thereafter in order to evenly distribute expected workloads of various committees.

All standing Policy Committees of the City Council are considered “legislative bodies” under the Brown Act and must conduct all business in accordance with the Brown Act.

6. Role of City Staff at Committee Meetings
Committees will be staffed by appropriate City Departments and personnel. As part of the committee process, staff will undertake a high-level, preliminary analysis of potential legal issues, costs, timelines, and staffing demands associated with the item. Staff analysis at the Policy Committee level is limited to the points above as the recommendation, program, or project has not yet been approved to proceed by the full Council.

IV. CONDUCT OF MEETING
24 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, 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 the Action Calendar at the onset of the Action calendar with the exception of appeals, public hearings, and quasi-judicial matters requiring public comment for due process purposes.
 Public comment on action items by those who did not speak in the earlier Action Calendar public comment period, any appeals, 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 extended public comment as a matter of due process.

1. Public Comment on Consent Calendar and Information Items.

The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar,” 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

IV. CONDUCT OF MEETING
25 Information items. No additional items can be moved onto the Consent Calendar once public comment has commenced.

At any time during, or immediately after, public comment on Information and Consent items, the Mayor or any Councilmember may move any Information or 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. Public comment will occur for each Action item—excluding public hearings, appeals, and/or quasi-judicial matters—in separate but consecutive public comment periods before the Action Calendar is discussed by Council and staff and as the item is taken up. The Presiding Officer will open and close the public comment period for each Action Item, and each period will occur based on the order of the items on the agenda, or based on the discretion of the Presiding Officer.

During the public comment period for each Action Item, 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.

If ten or fewer persons are interested in speaking on an individual Action Item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking on an item, the Presiding Officer may limit the public comment for all speakers on the item 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.

3. 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.

IV. CONDUCT OF MEETING
26 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 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.

4. 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.

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 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.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 27 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.

5. 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.

B. Consent Calendar
There shall be a Consent Calendar on all regular meeting agendas on which shall be included those matters which the Mayor, Councilmembers, boards, commissions, City Auditor and City Manager deem to be of such nature that no debate or inquiry will be necessary at the Council meetings. Ordinances for second reading may be included in the Consent Calendar.

It is the policy of the Council that the Mayor or Councilmembers wishing to ask questions concerning Consent Calendar items should ask questions of the contact person identified prior to the Council meeting so that the need for discussion of consent calendar items can be minimized.

Consent Calendar items may be moved to the Action Calendar by the Council. Action items may be reordered at the discretion of the Chair with the consent of Council.

C. Information Reports Called Up for Discussion
Reports for Information designated for discussion at the request of the Mayor or any Councilmember shall be added to the appropriate section of the Action Calendar and may be acted upon at that meeting or carried over as pending business until discussed or withdrawn. The agenda will indicate that at the request of Mayor or any Councilmember a Report for Information may be acted upon by the Council.

D. Written Communications
Written communications from the public will not appear on the Council agenda as individual matters for discussion but will be distributed as part of the Council agenda packet with a cover sheet identifying the author and subject matter and will be listed under "Communications." All such communications must have been received by the City Clerk no later than 5:00 p.m. fifteen days prior to the meeting in order to be included on the agenda.

In instances where an individual forwards more than three pages of email messages not related to actionable items on the Council agenda to the Council to be reproduced in the "Communications" section of the Council packet, the City Clerk will not reproduce the entire email(s) but instead refer the public to the City's website or a hard copy of the email(s) on file in the City Clerk Department.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 28 All communications shall be simply deemed received without any formal action by the Council. The Mayor or a Councilmember may refer a communication to the City Manager for action, if appropriate, or prepare a consent or action item for placement on a future agenda.

Communications related to an item on the agenda that are received after 5:00 p.m. fifteen days before the meeting are published as provided for in Chapter III.C.4.

E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters
The City Council, in setting the time and place for a public hearing, may limit the amount of time to be devoted to public presentations. Staff shall introduce the public hearing item and present their comments.

Following any staff presentation, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Members shall also submit a report of such contacts in writing prior to the commencement of the hearing. Such reports shall include a brief statement describing the name, date, place, and content of the contact. Written reports shall be available for public review in the office of the City Clerk prior to the meeting and placed in a file available for public viewing at the meeting.

This is followed by five-minute presentations each by the appellant and applicant.

Where the appellant is not the applicant, the appellants of a single appeal collectively shall have five minutes to comment and the applicant shall have five minutes to comment. If there are multiple appeals filed, each appellant or group of appellants shall have five minutes to comment. Where the appellant is the applicant, the applicant/appellant shall have five minutes to comment and the persons supporting the action of the board or commission on appeal shall have five minutes to comment.

In the case of a public nuisance determination, the representative(s) of the subject property shall have five minutes to present.

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.

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. Any person that addressed the Council during one of the five-minute periods may not speak again during the public comment period on the appeal. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 29 F. Work Sessions
The City Council may schedule a matter for general Council discussion and direction to staff. Official/formal action on a work session item will be scheduled on a subsequent agenda under the Action portion of the Council agenda.

In general, public comment at Council work sessions will be heard after the staff presentation, for a limited amount of time to be determined by the Presiding Officer.

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. 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.

After Council discussion, if time permits, the Presiding Officer may allow additional public comment. During this time, each speaker will receive one minute. Persons who spoke during the prior public comment time may be permitted to speak again.

G. Protocol
People addressing the Council may first give their name in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No one other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked of a Councilmember except through the Presiding Officer.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 30 V. PROCEDURAL MATTERS
A. Persons Authorized to Sit at Tables
No person, except City officials, their representatives and representatives of boards and commissions shall be permitted to sit at the tables in the front of the Council Chambers without the express consent of the Council.

B. Decorum
No person shall disrupt the orderly conduct of the Council meeting. Prohibited disruptive behavior includes but is not limited to shouting, making disruptive noises, such as boos or hisses, creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council Dais without consent. Any written communications addressed to the Council shall be delivered to the City Clerk for distribution to the Council.

C. Enforcement of Decorum
When the public demonstrates a lack of order and decorum, the presiding officer shall call for order and inform the person(s) that the conduct is violating the Rules of Order and Procedure and provide a warning to the person(s) to cease the disruptive behavior. Should the person(s) fail to cease and desist the disruptive conduct, the presiding officer may call a five (5) minute recess to allow the disruptions to cease.

If the meeting cannot be continued due to continued disruptive conduct, the presiding officer may have any law enforcement officer on duty remove or place any person who violates the order and decorum of the meeting under arrest and cause that person to be prosecuted under the provisions of applicable law.

D. Precedence of Motions
When a question or motion is before the Council, no motion shall be entertained except:

1. To adjourn;

2. To fix the hour of adjournment;

3. To lay on the table;

4. For the previous question;

5. To postpone to a certain day;

6. To refer;

7. To amend;

8. To substitute; and

9. To postpone indefinitely.

These motions shall have precedence in order indicated. Any such motion, except a motion to amend or substitute, shall be put to a vote without debate.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 31 E. Robert’s Rules of Order
Robert’s Rules of Order have been adopted by the City Council and apply in all cases except the precedence of motions in Section V.D shall supersede.

F. Rules of Debate

1. Presiding Officer May Debate.

The presiding officer may debate from the chair; subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of that person acting as the presiding officer.

2. Getting the Floor - Improper References to be avoided.

Members desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine themself to the question under debate.

3. Interruptions.

A member, once recognized, shall not be interrupted when speaking unless it is to call a member to order, or as herein otherwise provided. If a member, while speaking, were called to order, that member shall cease speaking until the question of order is determined, and, if in order, the member shall be permitted to proceed.

4. Privilege of Closing Debate.

The Mayor or Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. When a motion to call a question is passed, the Mayor or Councilmember moving adoption of an ordinance, resolution or other action shall have three minutes to conclude the debate.

5. Motion to Reconsider.

A motion to reconsider any action taken by the Council may be made only during the same session such action is taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by a member on the prevailing side, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the Council.

6. Repeal or Amendment of Action Requiring a Vote of Two-Thirds of Council, or Greater.

Any ordinance or resolution which is passed and which, as part of its terms, requires a vote of two-thirds of the Council or more in order to pass a motion pursuant to such an ordinance or resolution, shall require the vote of the same percent of the Council to repeal or amend the ordinance or resolution.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 32 G. Debate Limited

1. Consideration of each matter coming before the Council shall be limited to 20 minutes from the time the matter is first taken up, at the end of which period consideration of such matter shall terminate and the matter shall be dropped to the foot of the agenda, immediately ahead of Information Reports; provided that either of the following two not debatable motions shall be in order:
a) A motion to extend consideration which, if passed, shall commence a new twenty-minute period for consideration; or
b) If there are one or more motions on the floor, a motion for the previous question, which, if passed by a 2/3 vote, shall require an immediate vote on pending motions.

2. The time limit set forth in subparagraph 1 hereof shall not be applicable to any public hearing, public discussion, Council discussion or other especially set matter for which a period of time has been specified (in which case such specially set time shall be the limit for consideration) or which by applicable law (e.g. hearings of appeals, etc.), the matter must proceed to its conclusion.

3. In the interest of expediting the business of the City, failure by the Chair or any Councilmember to call attention to the expiration of the time allowed for consideration of a matter, by point of order or otherwise, shall constitute unanimous consent to the continuation of consideration of the matter beyond the allowed time; provided, however, that the Chair or any Councilmember may at any time thereafter call attention to the expiration of the time allowed, in which case the Council shall proceed to the next item of business, unless one of the motions referred to in Section D hereof is made and is passed.

H. Motion to Lay on Table
A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with consent of two-thirds of the members present.

I. Division of Question
If the question contains two or more propositions, which can be divided, the presiding officer may, and upon request of a member shall, divide the same.

J. Addressing the Council
Under the following headings of business, unless the presiding officer rules otherwise, any interested person shall have the right to address the Council in accordance with the following conditions and upon obtaining recognition by the presiding officer:

1. Written Communications.

Interested parties or their authorized representatives may address the Council in the form of written communications in regard to matters of concern to them by

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 33 submitting their written communications at the meeting, or prior to the meeting pursuant to the deadlines in Chapter III.C.4.

2. Public Hearings.

Interested persons or their authorized representatives may address the Council by reading protests, petitions, or communications relating to matters then under consideration.

3. Public Comment.

Interested persons may address the Council on any issue concerning City business during the period assigned to Public Comment.

K. Addressing the Council After Motion Made
When a motion is pending before the Council, no person other than the Mayor or a Councilmember shall address the Council without first securing the permission of the presiding officer or Council to do so.

L. Use of Cellular Phones and Electronic Devices
The use of cell phones during City Council meetings is discouraged for the Mayor and Councilmembers. While communications regarding Council items should be minimized, personal communications between family members and/or caregivers can be taken outside in the case of emergencies. In order to acknowledge differences in learning styles and support tactile learners, note-taking can continue to be facilitated both with a pen and paper and/or on electronic devices such as laptop computers and tablets.

The use cell phones during Closed Session Meetings is explicitly prohibited for the Mayor and Councilmembers.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 34 VI.FACILITIES
A. Meeting Location Capacity
Attendance at council meetings shall be limited to the posted seating capacity of the meeting location. Entrance to the meeting location will be appropriately regulated by the City Manager on occasions when capacity is likely to be exceeded. While the Council is in session, members of the public shall not remain standing in the meeting room except to address the Council, and sitting on the floor shall not be permitted.

B. Alternate Facilities for Council Meetings
The City Council shall approve in advance a proposal that a Council meeting be held at a facility other than the School District Board Room.

If the City Manager has reason to anticipate that the attendance for a meeting will be substantially greater than the capacity of the Board Room and insufficient time exists to secure the approval of the City Council to hold the meeting at an alternate facility, the City Manager shall make arrangements for the use of a suitable alternate facility to which such meeting may be recessed and moved, if the City Council authorizes the action.

If a suitable alternate facility is not available, the City Council may reschedule the matter to a date when a suitable alternate facility will be available.

Alternate facilities are to be selected from those facilities previously approved by the City Council as suitable for meetings away from the Board Room.

C. Signs, Objects, and Symbolic Materials
Objects and symbolic materials such as signs which do not have sticks or poles attached or otherwise create any fire or safety hazards will be allowed within the meeting location during Council meetings.

D. Fire Safety
Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways. Attendees are strictly prohibited from sitting in aisles and/or exit ways. Exit ways shall not be used in any way that will present a hazardous condition.

E. Overcrowding
Admittance of persons beyond the approved capacity of a place of assembly is prohibited. When the meeting location has reached the posted maximum capacity, additional attendees shall be directed to the designated overflow area.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 35 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC

FACILITIES
Purpose
To establish a uniform policy regarding the naming and renaming of existing and future parks, streets, pathways and other public facilities.

Objective
A. To ensure that naming public facilities (such as parks, streets, recreation facilities, pathways, open spaces, public building, bridges or other structures) will enhance the values and heritage of the City of Berkeley and will be compatible with community interest.

Section 1 – Lead Commission
The City Council designates the following commissions as the ‘Lead Commissions’ in overseeing, evaluating, and ultimately advising the Council in any naming or renaming of a public facility. The lead commission shall receive and coordinate comment and input from other Commissions and the public as appropriate.

Board of Library Trustees
Parks and Recreation Commission –Parks, recreation centers, camps, plazas and public open spaces
Public Works Commission –Public buildings (other than recreation centers), streets and bridges or other structures in the public thoroughfare.

Waterfront Commission –Public facilities within the area of the City known as the Waterfront, as described in BMC 3.36.060.B.

Section 2 – General Policy
A. Newly acquired or developed public facilities shall be named immediately after acquisition or development to ensure appropriate public identity.

B. No public facility may be named for a living person, but this policy can be overridden with a 2/3 vote of the City Council.

C. Public facilities that are renamed must follow the same criteria for naming new facilities.

In addition, the historical significance and geographical reference of the established name should be considered when weighing and evaluating any name change.

D. The City encourages the recognition of individuals for their service to the community in ways that include the naming of activities such as athletic events, cultural presentations, or annual festivals, which do not involve the naming or renaming of public facilities.

E. Unless restricted by covenant, facilities named after an individual should not necessarily be considered a perpetual name.

Section 3 – Criteria for Naming of Public Facilities
When considering the naming of a new public facility or an unnamed portion or feature within an already named public facility (such as a room within the facility or a feature within an established park), or, the renaming of an existing public facility the following criteria shall be applied:

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 36 A. Public Facilities are generally easier to identify by reference to adjacent street names, distinct geographic or environmental features, or primary use activity. Therefore, the preferred practice is to give City-owned property a name of historical or geographical significance and to retain these names.

B. No public facility may be named for a living person, but this policy can be overridden with a 2/3 vote of the City Council.

C. The naming of a public facility or any parts thereof in recognition of an individual posthumously may only be considered if the individual had a positive effect on the community and has been deceased for more than 1 year.

D. When a public facility provides a specific programmatic activity, it is preferred that the activity (e.g. skateboard park, baseball diamond) be included in the name of the park or facility.

E. When public parks are located adjacent to elementary schools, a name that is the same as the adjacent school shall be considered.

F. When considering the renaming of an existing public facility, in addition to applying criteria A-E above, proper weight should be given to the fact that: a name lends a site or property authenticity and heritage; existing names are presumed to have historic significance; and historic names give a community a sense of place and identity, continuing through time, and increases the sense of neighborhood and belonging.

Section 4 –Naming Standards Involving a Major Contribution When a person, group or organization requests the naming or renaming of a public facility, all of the following conditions shall be met:

A. An honoree will have made a major contribution towards the acquisition and/or development costs of a public facility or a major contribution to the City.

B. The honoree has a record of outstanding service to their community C. Conditions of any donation that specifies that name of a public facility, as part of an agreement or deed, must be approved by the City Council, after review by and upon recommendation of the City Manager.

Section 5 –Procedures for Naming or Renaming of Public Facilities A. Any person or organization may make a written application to the City Manager requesting that a public facility or portion thereof, be named or renamed.

1. Recommendations may also come directly of the City Boards or Commissions, the City Council, or City Staff.

B. The City Manager shall refer the application to the appropriate lead commission as defined in Section 1 of the City’s policy on naming of public facilities, for that commission’s review, facilitation, and recommendation of disposition.

1. The application shall contain the name or names of the persons or organization making the application and the reason for the requested naming or renaming.

C. The lead commission shall review and consider the application, using the policies and criteria articulated to the City Policy on Naming and Renaming to make a recommendation to Council.

1. All recommendations or suggestion will be given the same consideration without regard to the source of the nomination
D. The lead commission shall hold a public hearing and notify the general public of any discussions regarding naming or renaming of a public facility.

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 37 1. Commission action will be taking at the meeting following any public hearing on the naming or renaming.

E. The commission’s recommendation shall be forwarded to Council for final consideration.

The City of Berkeley Policy for Naming and Renaming Public Facilities was adopted by the Berkeley City Council at the regular meeting of January 31, 2012.

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 38 APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL

AGENDA ITEMS
These guidelines are derived from the requirements for Agenda items listed in the Berkeley City Council Rules of Procedure and Order, Chapter III, Sections B(1) and (2), reproduced below. In addition, Chapter III Section C(1)(a) of the Rules of Procedure and Order allows the Agenda & Rules Committee to request that the Primary Author of an item provide “additional analysis” if the item as submitted evidences a “significant lack of background or supporting information” or “significant grammatical or readability issues.”
These guidelines provide a more detailed and comprehensive overview of elements of a complete Council item. While not all elements would be applicable to every type of Agenda item, they are intended to prompt Authors to consider presenting items with as much relevant information and analysis as possible.

Chapter III, Sections (B)(1) and (2) of Council Rules of Procedure and Order:

2. Agenda items shall contain all relevant documentation, including the following as Applicable:
a. A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested; b. Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information;
c. Recommendation of the City Manager, if applicable (these provisions shall not apply to Mayor and Council items.);
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.

If the Primary Author of any report believes additional background information, beyond the basic report, is necessary to Council understanding of the subject, a separate compilation of such background information may be developed and copies will be available for Council and for public review in the City Clerk Department, and the City Clerk shall provide limited distribution of such background information depending upon quantity of pages to be duplicated. In such case the agenda item distributed with the packet shall so indicate.

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 39 Guidelines for City Council Items:

1. Title

2. Consent/Action/Information Calendar

3. Recommendation

4. Summary Statement/Current situation and its effects

5. Background

6. Review of Existing Plans, Programs, Policies and Laws

7. Actions/Alternatives Considered

8. Consultation/Outreach Overview and Results

9. Rationale for Recommendation

10.Implementation, Administration and Enforcement

11.Environmental Sustainability

12.Fiscal Impacts

13.Outcomes and Evaluation

14.Contact Information

15.Attachments/Supporting Materials
___________________________________________________

1. Title
A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested.

2. Consent/Action/Information Calendar
Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information.

3. Recommendation
Clear, succinct statement of action(s) to be taken. Recommendations can be further detailed within the item, by specific reference.

Common action options include:
● Adopt first reading of ordinance
● Adopt a resolution
● Referral to the City Manager (City Manager decides if it is a short term referral or is placed on the RRV ranking list)
● Direction to the City Manager (City Manager is directed to execute the recommendation right away, it is not placed on any referral list) ● Referral to a Commission or to a Standing or Ad Hoc Council Committee ● Referral to the budget process
● Send letter of support
● Accept, Approve, Modify or Reject a recommendation from a Commission or Committee
● Designate members of the Council to perform some action

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 40 4. Summary Statement/ “Current situation and its effects” A short resume of the circumstances that give rise to the need for the recommended action(s).
● Briefly state the opportunity/problem/concern that has been identified, and the proposed solution.
● Example (fictional):

Winter rains are lasting longer than expected. Berkeley’s winter shelters are poised to close in three weeks, but forecasts suggest rain for another two months. If they do not remain open until the end of the rainy season, hundreds of people will be left in the rain 24/7. Therefore, this item seeks authorization to keep Berkeley’s winter shelters open until the end of April, and refers to the Budget Process $40,000 to cover costs of an additional two months of shelter operations.

5. Background
A full discussion of the history, circumstances and concerns to be addressed by the item.
● For the above fictional example, Background would include information and data about the number and needs of homeless individuals in Berkeley, the number and availability of permanent shelter beds that meet their needs, the number of winter shelter beds that would be lost with closure, the impacts of such closure on this population, the weather forecasts, etc.

6. Review of Existing Plans, Programs, Policies and Laws Review, identify and discuss relevant/applicable Plans, Programs, Policies and Laws, and how the proposed actions conform with, compliment, are supported by, differ from or run contrary to them. What gaps were found that need to be filled? What existing policies, programs, plans and laws need to be changed/supplemented/improved/repealed? What is missing altogether that needs to be addressed?
Review of all pertinent/applicable sections of:
● The City Charter
● Berkeley Municipal Code
● Administrative Regulations
● Council Resolutions
● Staff training manuals
Review of all applicable City Plans:
● The General Plan
● Area Plans
● The Climate Action Plan
● Resilience Plan
● Equity Plan

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 41 ● Capital Improvements Plan
● Zero Waste Plan
● Bike Plan
● Pedestrian Plan
● Other relevant precedents and plans
Review of the City’s Strategic Plan
Review of similar legislation previously introduced/passed by Council Review of County, State and Federal laws/policies/programs/plans, if applicable

7. Actions/Alternatives Considered
● What solutions/measures have other jurisdictions adopted that serve as models/cautionary tales?
● What solutions/measures are recommended by advocates, experts, organizations?
● What is the range of actions considered, and what are some of their major pros and cons?
● Why were other solutions not as feasible/advisable?

8. Consultation/Outreach Overview and Results
● Review/list external and internal stakeholders that were consulted ○ External: constituents, communities, neighborhood organizations, businesses and not for profits, advocates, people with lived experience, faith organizations, industry groups, people/groups that might have concerns about the item, etc.
○ Internal: staff who would implement policies, the City Manager and/or deputy CM, Department Heads, City Attorney, Clerk, etc. ● What reports, articles, books, websites and other materials were consulted? ● What was learned from these sources?
● What changes or approaches did they advocate for that were accepted or rejected?

9. Rationale for Recommendation
A clear and concise statement as to whether the item proposes actions that:
● Conform to, clarify or extend existing Plans, Programs, Policies and Laws ● Change/Amend existing Plans, Programs, Policies and Laws in minor ways ● Change/Amend existing Plans, Programs, Policies and Laws in major ways ● Create an exception to existing Plans, Programs, Policies and Laws ● Reverse/go contrary to or against existing Plans, Programs, Policies and Laws
Argument/summary of argument in support of recommended actions. The argument likely has already been made via the information and analysis already presented,

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 42 but should be presented/restated/summarized. Plus, further elaboration of terms for recommendations, if any.

10.Implementation, Administration and Enforcement
Discuss how the recommended action(s) would be implemented, administered and enforced. What staffing (internal or via contractors/consultants) and materials/facilities are likely required for implementation?

11.Environmental Sustainability
Discuss the impacts of the recommended action(s), if any, on the environment and the recommendation’s positive and/or negative implications with respect to the City’s Climate Action, Resilience, and other sustainability goals.

12.Fiscal Impacts
Review the recommended action’s potential to generate funds or savings for the City in the short and long-term, as well as the potential direct and indirect costs.

13.Outcomes and Evaluation
State the specific outcomes expected, if any (i.e., “it is expected that 100 homeless people will be referred to housing every year”) and what reporting or evaluation is recommended.

14.Contact Information

15.Attachments/Supporting Materials

APPENDIX C
43 APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY

COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE
COVID-19 EMERGENCY
Mayor and Councilmember Speaking Time on Agenda Items
For the Consent Calendar, the Mayor and Councilmembers will initially have up to five minutes each to make comments. After all members of the Council have spoken (or passed) and after public comment, members will each have two additional minutes to discuss the Consent Calendar.

For non-Consent items, the Mayor and Councilmembers will have two minutes each to make initial comments on an agenda item, except for the author of an agenda item who will have five minutes to initially present the item. After every Councilmember has spoken or declined and after public comment, Councilmembers will each have another five minutes per person to address an item. Debate may be extended beyond a second round of Council comments by a majority vote (5 votes).

Time will toll during staff answers to questions; Councilmembers are urged to ask their questions of city staff before the meeting or in writing.

Procedure for Pulling Items from Consent or Information Calendar Three (3) members of the City Council must agree to pull an item from the Consent or Information Calendar for it to move to Action. Absent three members concurring, the item will stay on Consent or Information Calendar and, with respect to Consent items, the Mayor or Councilmembers will be allowed to record their aye, nay or abstain votes on individual items or the entire Consent Calendar.

Moving an item from the Action Calendar to the Consent Calendar requires the unanimous consent of the entire City Council.

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 two 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 will be conducted in the order of hands raised on the Zoom platform, and will be limited to either the first 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

APPENDIX C
44 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.

RESOLUTION #####-N.S.

RE-ADOPTING THE CITY COUNCIL RULES OF PROCEDURE AND ORDER AND RESCINDING RESOLUTION NO. 70,725–N.S.

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

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 70,725–N.S. is hereby rescinded.

BERKELEY PUBLIC LIBRARY

POLICIES
SUBJECT: Board of Library Trustees (BOLT)
Meeting Policy
ORIGINAL DATE: 05/11/2016
REVISED DATE: 12/06/2017
BOLT Resolution #: R17-071
PAGE: 1 of 3
A. Public Comment
Any member of the public or Library staff may address BOLT during the period set aside on the meeting agenda for “Public Comment”. At a regular BOLT meeting, any topic pertaining to Library business may be addressed; however at a Special Meeting of BOLT, public comment is limited to items listed on the agenda.

BOLT may not discuss or take action on an issue raised during public comment. However, any BOLT member may ask a brief clarifying question or may refer a matter raised in public comment to the BOLT Secretary for follow-up
or reporting back at a future date.

1. Speaker Cards
Persons wishing to speak need to submit a speaker card. Persons submitting speaker cards are not required to list their name, however they must list some identifying information or alternate name in order to be called to speak. Speaker cards will not be accepted after Public Comment has begun.

2. Time Allotment for Public Comment
Speakers are allowed 3 minutes each for up to 10 speakers; if more than 10 individuals have filled out and submitted cards to speak, the time for all speakers will be reduced to 2 minutes per person and if more than 20 individuals have submitted speaker’s cards, the time per person will be reduced to one minute each, for a maximum of one hour of public comment.

3. Ceding Time during Public Comment
When up to 10 people wish to speak, and therefore the time limit per speaker is 3 minutes, one person may cede time to another for a total of 6 minutes of speaking time for that individual. When the time limit is 2 minutes, up to 2 people may cede their time to a third individual, for a total of 6 minutes for that speaker. When the time limit is 1 minute, up to three people may cede their time to a fourth person, giving that speaker a total of 4 minutes.

When an individual is called to speak, that person may cede their time to another person who has filled out a speaker’s card, but has not yet been called to speak. An individual whose name has not yet been called may cede time to an individual whose name has just been called to speak. Time may not be ceded to an unspecified individual, an individual who has not filled out a speaker’s card, an individual who has already spoken, or an individual who has already received the maximum amount of ceded time.

B. Comment from Library Unions
“For regular meetings of the BOLT, representatives from the three unions representing Library employees may address BOLT, with a total time limit of 15 minutes. If all three (3) unions have representatives present and wish to speak, each union shall receive 5 minutes to address BOLT. If only two (2) unions have representatives present and wishing to speak, each union shall receive 7.5 minutes to address BOLT, for a total of 15 minutes. If only one (1) union has representatives present and wishing to speak, that union shall receive 15 minutes to address BOLT. The Secretary shall, at the start of the Comment from Library Union item, ask union representatives who wish to speak to identify themselves

BERKELEY PUBLIC LIBRARY Board of Library Trustees Meeting Policy Page 2 and which union they represent. The Secretary shall then determine the appropriate allocation of speaking time according to the rules stated herein.” The time allotment for union comment will not be diminished in the event of large numbers of speakers present for public comment, and cannot be ceded from one union to another.

C. Comment from Board Trustees
Time will be set aside on the agenda for brief comments and announcements from BOLT Trustees. BOLT Trustees may not engage in discussion of items raised during the Trustee Comment period but may make a referral to the BOLT Secretary of an item for follow up or for reporting back at a future date.

D. Order and Decorum

1. Presiding Officer
The Presiding Officer has the affirmative duty to maintain order. The BOLT will honor the role of the Presiding Officer in maintaining ord
er.

2. Trustee Conduct.

While the BOLT is in session, the Trustees will practice civility and decorum in their discussions and debate. BOLT Trustees will value each other’s time and will preserve order and decorum. A Trustee shall not delay or interrupt the proceedings of the BOLT, use personal, impertinent or slanderous remarks, or disturb any other member while that member is speaking, or refuse to obey the orders of the Presiding Officer of the BOLT.

All Trustees have the opportunity to speak and agree to disagree but no Trustee shall speak twice on any given subject unless all other Trustees have been given the opportunity to speak. All Trustee remarks shall be addressed to the BOLT as a body and not to any member thereof. No que s tion
shall be asked of or by a BOLT Trustee except through the Presiding Officer.

3. Conduct of Public in Attendance
Persons attending the meeting shall observe the rules and procedures of the BOLT and shall not disrupt Trustee business, for example: by shouting, making disruptive noises, such as boos or hisses; creating or participating in a physical disturbance; speaking out of turn or in violation of the BOLT's procedures or rules; preventing or attempting to prevent others who have the floor from speaking; preventing others from observing the meeting; entering into or remaining in an area of the meeting room that is not open to the public; or approaching the BOLT table without consent. Any message to or contact with any member of the BOLT while it is in session shall be through the Board Secretary.

Members of the public who do not follow the rules for decorum may be asked to leave the meeting.

If a member of the public creates a significant physical disruption to the conduct of the meeting or acts in a threatening manner toward another member of the public, staff, or BOLT Trustee, law enforcement personnel may be called to remove the individual from the premises.

BOARD OF EDUCATION
Meeting Location: 1231 Addison Street, Berkeley, CA 94702 Meeting Location for Director Ka’Dijah Brown: Highway A1 Mountain Spring Trelawny, Montego Bay, Jamaica
Regular Meeting Agenda
Wednesday, June 14, 2023
The Berkeley Uni fied School District intends to provide reasonable accommodations in accordance with the Americans with Disabilities Act of 1990. If a special accommodation is desired, please contact the Superintendent’s Of fice in writing 48 hours prior to the meeting at [email protected]
El Distrito Escolar Uni ficado de Berkeley tiene la intención de proporcionar adaptaciones especiales en conformidad con el  Americans with Disabilities Act of 1990  (Ley de Americanos con Discapacidades de 1990). Si usted desea una adaptación especial, por favor comuníquese por correo electrónico con el personal de la O ficina del Superintendente 48 horas antes de la reunión a [email protected].

Notice of Non-Discrimination
The Berkeley Uni fied School District does not discriminate on the basis of race, color, national origin, sex, disability, age, religious creed, gender, sexual orientation, gender expression, marital or parental status, ancestry, national origin, ethnic group identi fication, disability, medical condition, homelessness or foster status, in its programs and activities, and provides equal access to the Boy Scouts and other designated youth groups. Discrimination based on protected class includes sexual harassment, sexual violence, and bullying. All inquiries or concerns regarding BUSD’ s nondiscrimination policy 5145.3 or the filling of discrimination complaints should contact:

Jasmina Viteskic
District Compliance Of ficer & Title IX Coordinator
2020 Bonar St., Room 117
Berkeley, CA 94702
Phone: 510.486.9352
Email: [email protected]
T o access this agenda online, go to: https://berkeley.agendaonline.net/public/ 1

1. Call to Order - 5:30 P .M.

The presiding of ficer will call the meeting to order at 5:30 PM. The regular meeting will convene at 7:00 P .M.

2. Closed Session Public T estimony
Public T estimony related to closed session items is limited to 15 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.

3. Closed Session
The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code sections 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as 35146) Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda.

3.1 Existing Litigation - Conference with Legal Counsel (Gov’t Code Section 54956.9(d)(1))

3.1.1 BUSD 202324-01

3.1.2 WC No. 20-127598

3.2 Public Employee Appointment (Government Code Section 54957)

3.2.1 Appointment of Vice Principal, Longfellow Middle School

3.2.2 Appointment of Literacy Coordinator

3.3 Superintendent’ s Evaluation (Government Code Section 54597)

4. Call to Order - 7:00 P .M.

5. Approve Regular Meeting Agenda for June 14, 2023

6. Report Out on Closed Session

7. Open Session Public T estimony
Public T estimony is strictly limited to 30 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker is likely to be reduced at the discretion of the President depending on how many people wish to speak.

8. Committee Comments
Representatives from District Committees that include members of the public are given the opportunity to address the Board on any issue. 5 minutes per committee. 2

9. Union Comments
The chair (or designee) of each District union that includes members of the public is given the opportunity to address the Board on any issue. 5 minutes per union.

10. Board Member and Superintendent Comments
Board members and the Superintendent are given the opportunity to address any issue.

11. Consent Calendar

11.1 Approval of Human Resources Report

11.2 Approval of Position Control Changes Report

11.3 Approval of Changes to Union of Berkeley Administrators Manager Calendar & Salary Schedule

11.4 Approval of 2023-2024 Classified Salary Schedules

11.5 Appointment of Vice Principal, Longfellow Middle School

11.6 Appointment of Literacy Coordinator

11.7 Approval of Out of State Travel Request(s)

11.8 Approval of Resolution 23-039 to Authorize the Superintendent to Hire During the Board’ s Summer Break

11.9 Approval of Agents and Authorized Signers for Signature Card and Of ficial Documents and Reports for the Berkeley Unified School District

11.10 Approval of Listings of Fiscal Warrants Issued in May 2023

11.11 Approval of Contracts/Purchase Orders for Services Contracts

11.12 Approval of Mental Health Support – Bay Area Community Resources (BACR)

11.13 Approval of Mental Health Support – Child Therapy Institute (CTI)

11.14 Approval of Expenditures for Xerox for Duplicating and Print Management Equipment and Services.

11.15 Approval for Cost of an Alternative Third-Party Provider for Non-Public School (NPS) Transportation Service for the 2022-2023 Extended School Year 3

11.16 Approval of Acceptance of Gifts/Donations

11.17 Approval of Entering a Contract with Colbi T echnologies to Provide Software for the Facilities Program for FY 2023-2024

11.18 Approval of a Contract for HMC Group for the Berkeley High School Capacity and Expansion Project

11.19 Approval of a GMP for Alten Construction for the Longfellow Modernization Project and Resolution No. 23-037

11.20 Approval to Determine T wo Projects are Categorically Exempt under CEQA and Requesting Board Approval to File the Notice of Exemption

11.21 Acceptance of the Citizens' Construction Oversight Committee Annual Report

11.22 Approval of the 2023/24 Measure H Annual Plan

11.23 Approval of Resolution No. 23-040– Disposition of Surplus Property

11.24 Approval of the CalSHAPE Grant Application and Resolution No. 23-041

11.25 Approval of Board Policy 7152.2 Public Art Policy

11.26 Approval Memorandum of Understanding between Elevo Learning Coast to Coast and Berkeley Unified School District for the 2023-2024 School Year

11.27 Approval of Memorandum of Understanding between Maxim Healthcare Services and Berkeley Unified School District for the 2023-2024 School Year

11.28 Approval of Memorandum of Understanding between CORE Reading and Berkeley Unified School District for the 2023-2024 School Year

11.29 Approve Contract with Problem Solving Solutions, Kim Gibbons, Literacy Improvement Plan 2023-2024

11.30 Approval of Recommendation for K-3 Science Adoption

11.31 Course Approval - Software Engineering: Advanced T opics in Computer Science.

11.32 Course Approval - Advanced Digital Sound Engineering

11.33 Approval of Memorandum of Understanding between Concerned Parents Alliance and Berkeley Unified School District

11.34 Approval of Memorandum of Understanding between Choose College Educational Foundation and Berkeley Unified School District
4

11.35 Approval of Memorandum of Understanding between R.T . Fisher Educational Enterprises and Berkeley Unified School District

12. Presentation

12.1 Gender Equity Sexual Harassment Advisory Committee Presentation - 20 min

12.2 BSEP Measure Planning Update - 20 min

13. Discussion

13.1 Discussion Regarding Surplus Property Options for 1130 Oxford Street, Berkeley CA 94707 - 20

14. Action

14.1 Approval of the 2023-24 Local Control Accountability Plan (LCAP) - 20

14.2 Approval of 2023-24 Budget, 2022-23 Estimated Actuals, and Budget Priorities - 20

15. Information

15.1 Update on Classification & Compensation Study Progress

15.2 2023-2024 Consolidated Application for Funding Categorical Aid Programs

16. Public Comment (2nd Opportunity)

17. Extended Board Comments

18. Adjournment
5

GOVERNANCE TEAM COMMITMENTS
● Practice humility and self-reflection and ask for feedback; ● Create safe non-judgemental space to get to know each other as people; ● Be honest and candid with each other;
● Lead with curiosity (e.g., “Could you say more about what you mean by X?”. Ask questions for deeper understanding so as to avoid assumptions;
● Prioritize direct communication with each other when there is a negative impact during a discussion or disagreement. Initiate 1:1 conversations via phone, email or text to request time via phone, video-chat, or in-person.) Use impact statements (e.g., “When you said X, I felt Y …”) ; ● Understand that our experiences, opinions, and perspectives are shaped by our positions and privilege in life, and be mindful of the impact the we have on others; ● Appreciate each others’ strengths, experience and contributions, and the positive work carried out in the District;
● Embrace disagreement when respectfully articulated; this is a sign of a healthy governance team comprised of people with shared values but different perspectives; ● Commit to being a team player - be respectful about the way we discuss our colleagues and their views, even when we disagree. Strive to support each other, avoid disparaging each other publicly or privately and organizing against each other; ● Ensure clarity of our roles as they relate to Governance/Operations; ● Adhere to confidentiality of closed session discussions to comply with law, build trust with the governance team, and foster a safe space for candid discussion; ● Show public respect for the will of the Board even when in the minority on a decision; ● Be responsible and accountable to each other: do what you say you’re going to do and acknowledge when expectations weren’t met;
● Be responsive to all voices in the district and seek to elevate the voices heard less frequently; and, ● Emulate/model the values and culture we strive for in the District. 6

ACTION CALENDAR
July 11, 2023

Berkeley City Council
Health, Life Enrichment, Equity & Community Committee
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7150 ● TDD: (510) 981-6903 E-Mail: [email protected]
To: Honorable Mayor and Members of the City Council
From: Health, Life Enrichment, Equity & Community Committee Subject: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use

RECOMMENDATION
Approve the Resolution presented and passed with a qualified positive recommendation at the June 12, 2023 meeting of the Health, Life Enrichment, Equity & Community Committee (Attachment 1), in lieu of the Resolutions provided in the originally referred item and by the Community Health Commission.

POLICY COMMITTEE RECOMMENDATION
On June 12, 2023, the Health, Life Enrichment, Equity, & Community Committee adopted the following action: M/S/C (Humbert/Taplin) to send the item to Council with a qualified positive recommendation to approve the Resolution in the form and as amended by the committee. There is no “mark-up” of the CHC resolution because what the Committee decided to pass is a full rewrite. Vote: All Ayes.

CURRENT SITUATION
The Health, Life Enrichment, Equity & Community Committee (the “Health-Life Committee”) took public comment at its May 8, 2023 meeting and solicited feedback from community leaders, policy exports, and community stakeholders. In her role as Committee Chair, Councilmember Hahn synthesized input received at Committee and consulted with the Police Department, City staff, and subject matter experts to draft and propose a restated Resolution.

At their June 12, 2023 meeting, the Health-Life Committee considered the restated resolution, took testimony from subject matter experts, and accepted edits from Councilmembers. Minor amendments were made to the restated Resolution, and the

De-Prioritizing the enforcement of laws imposing criminal penalties ACTION CALENDAR for Entheogenic/Psychedelic plants and fungi for personal use July 11,2023

Committee voted unanimously to recommend the restated resolution to Council. (Attachment 1).

BACKGROUND
On September 10, 2019, the City Council passed an item Authored by Councilmembers Robinson and Davila titled Decriminalizing Entheogenic Plants (Attachment 2) with instructions to:
“Refer to the Community Health Commission to consider the possibility of deprioritizing enforcement of laws relating to entheogenic plants and fungi by persons over 21 years of age. Consider potential health and community benefits and concerns, as well as possible policy variations with regard to possession, use, growing/production, and sales; quantities involved; use while driving; use during pregnancy and other possible ‘special circumstances considerations.’” The Community Health Commission reviewed the referral, accepted public comment and engaged in their process of policy review. On November 29, 2022 the Community Health Commission passed an updated item titled Responsible Psychedelic Drug Policy Reform in Berkeley (Attachment 3).

The Commission’s Referral Response was submitted by the City Manager and referred by the Agenda Committee at their April 10, 2023 for review by the Health-Life Committee. The Health-Life Committee took action to send a qualified positive recommendation to the City Council to approve the fully restated Resolution unanimously approved by the Committee.

FINANCIAL IMPLICATIONS
Minimal. No significant impact.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No significant impact.

CONTACT PERSON
Councilmember Sophie Hahn, Chair of the Health-Life Committee 510-981-7150

ATTACHMENTS

1. Resolution passed by the Health, Life Enrichment, Equity & Community Committee

2. Decriminalizing Entheogenic Plants: 9/10/2019 City Council Referral from Councilmembers Robinson and Davila

3. Community Health Commission Referral Response from 11/29/22

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

RESOLUTION DE-PRIORITIZING THE ENFORCEMENT OF LAWS IMPOSING CRIMINAL

PENALTIES FOR ENTHEOGENIC/PSYCHEDELIC PLANTS AND FUNGI AND THEIR

BIOSYNTHESIZED COMPOUNDS FOR PERSONAL USE
WHEREAS, entheogens, also known as “psychedelic drugs” or “psychedelics,” are a subset of compounds that are considered to exert psychoactive and physiological effects and are reported to induce extra-ordinary, altered states of consciousness involving changes in thought, feeling, and perception; and
WHEREAS, individuals and groups are known to use entheogens in a wide variety of ways including for recreational, medical, therapeutic, spiritual, and religious purposes; and WHEREAS, entheogenic plants and fungi have a long history of use in some indigenous societies, with this use typically occurring within intentional, structured, time-tested ceremonial containers that include the guidance of trained practitioners, integration practices, and occur within cultural contexts that differ significantly from contemporary American society; and WHEREAS, in recent years, there has been a resurgence of scientific research into the use of psychedelic-assisted psychotherapies for treating mental health conditions such as depression and substance abuse, with some studies showing promising preliminary evidence15 for therapeutic benefits, in controlled clinical settings; and WHEREAS, while psychedelic therapies have not been approved by the FDA, the federal government, through the Substance Abuse and Mental Health Services Administration, has stated that it is “exploring the prospect of establishing a Federal Task Force to monitor and address the numerous complex issues associated with emerging substances;” and WHEREAS, there is a long history of public health authorities implementing harm reduction efforts to mitigate risks associated with use of both legal and illegal drugs, to improve the physical, mental, and social well-being of drug users, and in recent years public health authorities have increasingly focused on harm reduction approaches to drug use, with, for example, the Centers for Disease Control launching a harm reduction campaign to address the fentanyl crisis, and the City of Berkeley Public Health Division maintaining a longstanding partnership with Needle Exchange Emergency Distribution (NEED); and WHEREAS, given this public health precedent, it would be appropriate for the City of Berkeley Public Health Division to support a harm reduction effort for entheogenic/psychedelic drug use in the Berkeley community; and
WHEREAS, while the possession, production, and transfer of psychedelic substances are illegal at the federal level in the United States, arrests and prosecutions for engaging in psychedelic drug offenses are usually grounded in state law, with enforcement occurring at the local level; and
WHEREAS, several local jurisdictions have de-prioritized the enforcement of laws prohibiting psychedelic-drug-related activities such as possession and production of psychedelic drugs for personal use; and

Internal
WHEREAS, there are criminal justice concerns associated with investigating, arresting, and incarcerating people for personal use of entheogens/psychedelics, and it is important to balance criminal justice concerns with public health concerns when crafting just and responsible policy; and
WHEREAS, in order to balance these concerns and avoid the development of gray and illicit markets, the City of Berkeley should only de-prioritize the enforcement of laws imposing criminal penalties for the possession of plant or fungus biosynthesized psychedelics for personal use (except Peyote) and laws imposing criminal penalties for the cultivation, processing, and preparation of psychedelic-drug-containing plants and fungi for personal use (except Peyote), while maintaining enforcement of laws prohibiting the possession of psychedelic drugs produced through artificial synthesis and enforcement of laws prohibiting the transfer of all categories of psychedelic drugs; and
WHEREAS “plant or fungus-biosynthesized psychedelic drugs” for purposes of this resolution means drugs that were produced by plants or fungi through biosynthesis, rather than produced in a laboratory through artificial synthesis, and “psychedelic-containing plants and fungi” refers to plants and fungi, living or not, that contain psychedelic drugs that the plants or fungi have themselves produced through biosynthesis; and
WHEREAS, “personal use of plant or fungus biosynthesized psychedelic drugs” for purposes of this resolution means an individual self-ingesting or self-administering plant or fungus biosynthesized psychedelic drugs; and
WHEREAS, “possession of plant or fungus biosynthesized psychedelic drugs for personal use” for purposes of this resolution means an individual possessing plant or fungus biosynthesized psychedelic drugs for the purpose of being ingested or self-administered by that same individual, and not by any other person or people; and
WHEREAS, “cultivation, processing, and preparation of psychedelic-containing plants and fungi for personal use” for purposes of this resolution means an individual cultivating, processing, and preparing any of these plants and fungi for the purpose of the resulting material being self- ingested or self-administered by that same individual, and not by any other person or people; and
WHEREAS, an individual can produce their own personal use plant or fungus-biosynthesized entheogenic/psychedelic drugs through home cultivation without engaging with illicit markets or sources; and
WHEREAS, the City Council wishes to enable Berkeley Public Health Division staff to engage with reputable experts developing harm reduction strategies that can be disseminated within Berkeley; and
WHEREAS, the City of Berkeley should de-emphasize expending City resources to assist in the enforcement of laws imposing criminal penalties for the possession of plant or fungus biosynthesized psychedelic drugs for personal use, and for the cultivation, processing, and preparation of psychedelic-containing plants and fungi for personal use; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it shall be the policy of the City of Berkeley to de-emphasize the use of City funds and resources to assist in the enforcement of laws imposing criminal penalties for the possession of plant- or fungus-

Internal
biosynthesized psychedelic drugs for personal use and for the cultivation, processing, and preparation of psychedelic-drug-containing plants and fungi for personal use. This de- prioritization policy does not apply to the mescaline-containing cactus Peyote (lophophora williamsii), or to mescaline that was biosynthesized by the Peyote cactus, due to sustainability and poaching concerns raised by the National Council of Native American Churches and the Indigenous Peyote Conservation Initiative, who have released a statement requesting that decriminalization policies not include this species.

BE IT FURTHER RESOLVED that this resolution does not authorize or enable any of the following activities: giving away, sharing, distributing, transferring, dispensing, or administering of plant or fungus biosynthesized or other psychedelic drugs to another individual.

BE IT FURTHER RESOLVED that the City of Berkeley declares its support for a transparent, comprehensive public conversation about the potential to open access to psychedelic drugs in ways that might be safe, beneficial, ethical, and equitable, and urges the California State Legislature to take part in this conversation and consider passing legislation that addresses the relevant issues.

BE IT FURTHER RESOLVED that the City Council hereby enables the Public Health Division to make themselves available to academic and other reputable institutions to discuss opportunities for resources addressing use of psychedelics to be made available to the Berkeley community.

BE IT FURTHER RESOLVED that any organization or individual who may collaborate with the City to provide resources addressing use of psychedelics shall not, through their work with the City, facilitate access to psychedelic drugs or psychedelic administration sessions.

BE IT FURTHER RESOLVED that the City Council hereby enables the Public Health Division to make themselves available to academic and other reputable institutions to potentially assist in a strategy for collecting and analyzing public health data on psychedelic use in Berkeley.

BE IT FURTHER RESOLVED that the City of Berkeley encourages other public health departments and authorities, including at state and federal levels, to explore implementing psychedelic harm reduction and public health data collection efforts.

BE IT FURTHER RESOLVED that this resolution does not rely upon nor accept as fact assertions made in materials submitted with the original item or in the Community Health Commission Referral Response.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 E-Mail: [email protected]

CONSENT CALENDAR
September 10, 2019
To: Honorable Mayor and Members of the City Council
From: Councilmembers Rigel Robinson and Cheryl Davila
Subject: Decriminalizing Entheogenic Plants

RECOMMENDATION
Refer to the Community Health Commission for feedback regarding the aAdoption of a Resolution decriminalizing Entheogenic Plants and Fungi such as mushrooms, cacti, iboga containing plants, and/or extracted combinations of plants similar to Ayahuasca; and limited to those containing the following types of compounds: indole amines, tryptamines, phenethylamines, by restricting any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults age 21 and over.

POLICY COMMITTEE RECOMMENDATION
On July 17, 2019, the Public Safety Committee adopted the following action: M/S/C (Robinson/Wengraf) to send the item to the full Council with a Qualified Positive Recommendation that the author revise the report to refer the item to the Community Health Commission for further discussion. Vote: All Ayes.

BACKGROUND
Currently, Psilocybe mushrooms, peyote, and other hallucinogens are classified as schedule 1 drugs in the United States. This categorization indicates that there is “no currently accepted medical use [for them] and a high potential for abuse.” However, the federal drug schedule does not align with current medical research or scientific consensus; this is evident when considering that marijuana, which has been used for years by over 900,000 Californians in the legitimate treatment of mental and physical health conditions, is still a schedule 1 substance. In recent years numerous studies have provided promising evidence for the usefulness of Entheogenic Plants in treating addiction, depression, recidivism, trauma, post-traumatic stress symptoms, chronic depression, severe anxiety, end-of-life anxiety, grief, diabetes, cluster headaches, and other conditions. This research comes at a crucial time when addiction and mental health issues such as veteran suicides are becoming an increasingly pressing problem (Cox, Billy). Many of these therapies are even able to improve psychological health in patients whose conditions are extremely treatment-resistant, making them a vital innovation for numerous struggling citizens.

Restrictions on natural psychedelics are not internationally consistent. The official position of the United Nations is that “No plants are currently controlled under the

Decriminalizing Entheogenic Plants CONSENT CALENDAR
September 10, 2019

Conventions. Preparations made from plants containing those active ingredients are also not under international control... Examples of such plants or plant material include ayahuasca, a preparation made from plants indigenous to the Amazon basin of South America, mainly a jungle vine (Banisteriopsis caapi) and another tryptamine-rich plant (Psychotria viridis) containing a number of psychoactive alkaloids, including DMT; the peyote cactus (Lophophora williamsii), containing mescaline; Psilocybe mushrooms, which contain psilocybin and psilocin; and iboga (Tabernanthe iboga), a plant that contains ibogaine and is native to the western part of Central Africa.” Additionally, different Entheogenic plants are decriminalized or legalized in various countries, such as Brazil, Jamaica, Portugal, Gabon, New Zealand, South Africa, Mexico, Costa Rica, and the Netherlands. In particular, Portugal’s decriminalization of all drugs in 2001 decreased addiction and drug-related deaths without leading to a significant increase in drug usage, and can be used as an informative model for how to effectively treat drug issues in society (Felix, Sonia et. al).

In the U.S., Denver voters recently passed Initiative 301 decriminalizing Psilocybin- containing mushrooms, and Oakland recently passed a resolution similar to this proposal decriminalizing involvement with and usage of Entheogenic Plants. In New Mexico, the cultivation of mushrooms is not prohibited by law as a result of the 2005 court case State v. Pratt. Certain groups also have explicit permission to use Entheogenic Plants for ceremonial and sacramental use under the Religious Freedom Restoration Act of 1993 and various court decisions, including O Centro Espírita Beneficente União do Vegetal (ayahuasca), the Church of the Holy Light of the Queen (ayahuasca), and the Native American Church (peyote).

In October of 2018, the FDA granted breakthrough therapy designation to psilocybin, acknowledging that it shows promise for treating resistant conditions such as depression and allowing more involved study. Internationally, investment is growing quickly in research companies focusing on psychedelic therapies for mental health such as that being done by Compass, which supports scientific and academic research into such therapies (Farr, Christina). This signals a paradigm shift in the way the global community regards the medical viability of psychedelics, as well as a promising future for further federal and international deregulation. DomesticallySimilarly, New York, Vermont, and Iowa have all proposed bills in the past four years allowing further research on Ibogaine as an addiction treatment, demonstrating that American attitudes towards psychedelics as therapeutic medicines are evolving nationwideas well.

Though currently illegal in the U.S., Entheogenic Plants are increasingly showing promise in clinical research for treating myriad serious conditions. Recent research on Psilocybin for depression shows that it significantly reduces symptoms, and has promise for treating alcohol and drug addiction as well as general and end of life anxiety. Mushrooms have also historically been used to facilitate beneficial personal and spiritual growth: a John Hopkins study on neurotypical participants revealed that over 75% of the respondents considered their psilocybin experience to be among the top five most meaningful experiences of their lives. Mushrooms are also fairly low risk, with no noted addictive properties and direct overdose practically impossible, and a

Decriminalizing Entheogenic Plants CONSENT CALENDAR
September 10, 2019

2000 study by the Center for Assessment and Monitoring of New Drugs concluded that the risk to public order, individual health, and public health was low.

Other Entheogens are also showing promise for the treatment of various health issues.

Ibogaine, the active ingredient in Iboga, is already used with medical supervision in countries like Mexico as an opioid addiction treatment, and a 2016 study (Brown, Thomas Kingsley and Alper, Kenneth) found that withdrawal symptoms and opioid use were significantly lessened in addicts that underwent ibogaine therapy. Ayahuasca can have profound impacts on mental outlook and hopefulness, and a 2013 study (Thomas, Gerald et. al) showed that usage significantly reduced tobacco, alcohol, and cocaine dependence as well. Peyote has been used without harm in Native American religious ceremonies for decades, and research (Halpern, John H. et. al) has shown that such usage did not result in neurophysiological impairment. Anecdotally, peyote use is associated with reduced rates of alcoholism in Native American populations, providing a promising avenue for further research into the use of peyote in treating alcohol abuse.

Other promising directions for Entheogenic Plants as medicinal aids include the treatment and amelioration of cluster headaches, recidivism and intimate partner violence, diabetes, grief, and PTSD.

Unfortunately, laboratory produced compounds based on Entheogens are not yet a viable treatment for those suffering from physical and mental conditions. Furthermore, if and when they do become available they are likely to be prohibitively expensive-- synthetic psilocybin can range from $7,000-10,000 per gram--raising concerns about access and equity for low income and uninsured populations. Decriminalizing the use, possession, cultivation, distribution, and transportation of Entheogens allows individuals rather than the pharmaceutical establishment to control their interaction with these powerful psychedelics, empowering and bonding communities as a result.

In this process, the organization Decriminalize Nature (decriminalizenature.org) has worked with Oakland, and now Berkeley, to further the movement to decriminalize natural Entheogens. Their mission is to enable every person to decide on their own how to engage with traditional Entheogenic Plants, and help restore the connection between nature, individuals, and communities in the process. It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many. As this national conversation on entheogens grows, is essential to influence the debate and take a stand now for disenfranchised communities who may be left out of the dominant model by opening a way for individual and community access.

FINANCIAL IMPLICATIONS
Adoption of the resolution may slightly reduce ongoing City expenditures associated with the enforcement of criminal penalties relating to Entheogenic Plant usage by adults. Some staff time to implement the resolution.

ENVIRONMENTAL SUSTAINABILITY

Decriminalizing Entheogenic Plants CONSENT CALENDAR
September 10, 2019

Small to none, although allowing personal cultivation of peyote specifically could help to counteract its current classification as a vulnerable endangered plant, contributing to long-term ecological sustainability.

CONTACT PERSON
Councilmember Robinson, Council District 7, 510-981-7170 Courtney Baldwin, Intern for District 7, [email protected] Attachments:
1: Resolution
2: References

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

RESOLUTION SUPPORTING ENTHEOGENIC PLANT PRACTICES AND

DECLARING THAT THE INVESTIGATION AND ARREST OF INDIVIDUALS

INVOLVED WITH THE ADULT USE OF ENTHEOGENIC PLANTS ON THE FEDERAL SCHEDULE 1 LIST BE AMONGST THE LOWEST PRIORITY FOR THE CITY OF

BERKELEY
WHEREAS, Entheogenic Plants, based on the term "entheogen", were originally conceived by Ott, Ruck, and other colleagues from a working group of anthropologists and ethnobotanists in 1979; and defined herein as to include the full spectrum of plants, fungi, and natural materials deserving reverence and respect from the perspective of the individual and the collective, that can inspire personal and spiritual well-being 1, can benefit psychological2 and physical 3 wellness, and can reestablish human's inalienable and direct relationship to nature; and
WHEREAS, substance abuse 4, addiction, recidivism 5, trauma, post-traumatic stress symptoms, chronic depression, severe anxiety 6, end-of-life anxiety, grief 7, diabetes 8, cluster headaches9, and other conditions are plaguing our community and that the use of Entheogenic Plants has been shown to be potentially beneficial to the health and well- being of individuals and communities in addressing these afflictions via scientific and clinical studies and within continuing traditional practices, which can catalyze profound experiences of personal and spiritual growth; and
WHEREAS, practices with Entheogenic Plants have long existed and have been considered to be sacred to human cultures and human interrelationships with nature for thousands of years10, and continue to be enhanced and improved to this day by religious and spiritual leaders, practicing professionals, mentors, and healers throughout the world, many of whom have been forced underground; and WHEREAS, those seeking to improve their health and well-being through the use of Entheogenic Plants use them in fear of arrest and prosecution; and WHEREAS, the Entheogenic Plant practices of certain groups are already explicitly protected in the U.S. under the doctrine of religious freedom -- the Native American 1 See Entheogens for Personal and Spiritual Growth
2 See Entheogens and Psychological Wellness
3 See Entheogens and Physical Wellness
4 See Entheogens and Substance Abuse
5 See Entheogens and Recidivism
6 See Entheogens and Anxiety
7 See Entheogens and Grief
8 See Ayahuasca and Diabetes
9 See Entheogens and Cluster Headaches
10 See Historical Use of Entheogens