Agenda packet — Berkeley City Council, September 10, 2024 (part 2 of 7)

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348. Irene Storch
349. Mary Lee Noonan
350. Howard Hertz
351. Samantha Johnston
352. Eva Diez
353. Eric Weaver
354. Chris Ohman
355. Nadia Almasalkhi
356. Robert and Marla Kane (2)
357. Mary B
358. Bob Flasher
359. Mary R Price
360. Roberta C. Brooks
361. Rikesh Lal
362. Walter Geist
363. Michael A. Marletta
364. Walter Alvarez
365. Robert Dering (2)
366. David, Phyllis and Alyse Ritvo
367. Nancy Rader, on behalf of Henry DeNero and the Berkeley FireSafe Council 368. JoAnn Lorber and Martin Lorber
369. Judith Baker
370. Martin Lorber and JoAnn Lorber
371. Diane Gerstler
372. Helen Conrad Stroud
373. Walter Geist
374. Noel Pond-Danchik
375. Robert Smith
376. Josephine A. Perry
377. Bruce H. Feingold
378. John Reykjalin
379. Lelise Schwartz
380. David Scott
381. Jeanne Allan
382. Samuela Evans
383. Pamela Doolan
384. David Shere
385. Carlo and Margareta Sequin
386. Christine Reed
387. John Blaustein and Terry Pink Alexander
388. Francie Shaw
389. Paul Opsvig and Susan Opsvig
390. Ann Goldman
391. Naomi Pearce (2)
392. Jeffrey and Kim Haltiner
393. Helene Whitson
394. Ruth Phillips
395. Carla Kraus
396. Rohil Prasad
397. Susan Taylor

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398. Donna Graves (2)
399. Charlotte von der Hude
400. Steve Robey
401. Patricia and Martin St. John
402. Michael Scott
403. Richard Bruehl
404. Sarah Rossman
405. Gary Grimm and Ann Holsberry
406. Vicki Piovia
407. George Killingsworth
408. Marko Lovic
409. Harold and Sabrina Newman
410. Margaret Hurlbert
411. Andrea and Stan Washburn
412. Jennifer A. Chatman
413. Rick Dishnica
414. Liliana Cardile and Stefano Schiavon
415. David Cohn
416. Jo Anne Wallace
417. Grace Yang
418. Anne Sturbaum
419. Andre Pegeron
420. Jodi Alperstein
421. Gary Croner (2)
422. Andrew Zukoski
423. Ted Joseph
424. Kathryn and Lewis Shepler
425. Susan Chainey
426. Catalina Ruiz-Healy
427. Jennifer Cobb and Maurice Obstfeld
428. Karen Holtermann
429. Mark Welge
430. Zela (Zee) G. Claiborne
431. Debby Roosevelt
432. Linda Della
433. Linda De Lucchi
434. Paula Morgan
435. Shmuel Weissman
436. Jean Krois
437. Dianne Ayres
438. Ed Vine
439. Judith Fairchild
440. Liz Horowitz
441. Candace Hyde-Wang
442. Ivan and Sarah Diamond
443. Abbot Foote
444. Susie Wallenstein
445. Karen Friedman
446. Andrea Cassidy
447. Peter and Cynthia Hecker

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448. Jack Kurzweil
449. Karl Bemesderfer
450. Amy Di Costanzo
451. Rocky Offner
452. Linda Wood
453. Sarah Baughn
454. Sharon Solkowitz
455. Ruth Shapiro
456. Judy Logan
457. David Sherertz
458. Ednah Beth Friedman
459. Barclay Ogden
460. Meryl Siegal
461. Peter Metcalf
462. Nancy Gillette
463. Marian Wolfe
464. Anna Korn
465. Gladys Block
466. Kay Serrurier
467. Helen Silverberg
468. Ann Hasse
469. Rodney Merrill
470. Biana Walser
471. Hillary Reinis
472. Linda Twilling
473. Stephen Vonder Haar
474. Michele Maguire Merrill
475. Malcolm Plant
476. George Buffington
477. Grace Wood
478. Allison Satchell
479. John Spitzer
480. Nicole Laddish
481. John Parman
482. Linda Rosen
483. Guo Xu (2)
484. Chris Cullander
485. Michael McGowan
486. Nancy G.
487. Heather Gilbert
488. Barbara Gilbert
489. Bebe McRae
490. Ellen Pasternack (2)
491. Larry Hyman
492. Ann Krooth
493. Barbara Vaughan
494. Cindy Rosenthal (2)
495. Mark Schneiderman
496. Krista Denton
497. Colby Hatton

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498. M. Hilary Roberts
499. Daniel Keller
500. Carol Reitan
501. Grace Munakata
502. Erin B
503. Michael Tanzillo
504. Alan W Shindel
505. L. John Harris
506. Petra Lamberson (2)
507. Isaac Liu
508. Barbara Freeman
509. Sharon Entwistle
510. Zach Franklin and Sofia Zander
511. Richard Chambers
512. Bob Flasher
513. Joan Garvin
514. John Parman
515. Larry Hyman
516. Julie Goldobin
517. Marshall Kirk McKusick
518. Lisa Fruchtman
519. Amruth Uppaluri
520. Alan W Shindel
521. Moe Wright
522. Janice Thomas
523. Andrew Jeffries and Ellen McDonald
524. David Shaddock and Toby Furash
525. Lisa Titus
526. Sally Francis
527. Anna Avellar
528. Carol Reitan
529. Stefano DellaVigna
530. Elsa Tranter
531. Karen Weil
532. Michael Saler
533. Janice Thomas
534. Ann Krooth
535. John Kadlick
536. Gaurav Kumar
537. Kori Kody
538. Susan Morris
539. Christopher Kutz
540. Seraphina Nix
541. Wendy Stock
542. Michael C
543. Karen Kissler
544. Kaethe Weingarten
545. Terry Mandel
546. Barbara Davis
547. Barbara Freeman

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548. Daniel Martinez-Krams
549. Brian Gilbane
550. Pam Zelnik
551. Nicolas L. McMullan
552. Debbie Kendall
553. Karen Lou
554. Gus Guinan
555. Oren
556. Lee Ann Bryant
557. Susan Frankel and Moshe Maler
558. Danny White
559. Frederique Wynberg
560. Eleanor Cloutier
561. Paul Schwartz
562. Barbara Cohn
563. Diane Weber
564. Vanessa Vega
565. Stephen Fick
566. Sachu Constantine
567. Rebecca Mills
568. Lynne Clenfield
569. Tony Warwick
570. Victoria Kahn
571. Beth Feingold
572. Bronya Feldmann
573. Diane Mintz
574. Thomas and Rosalyn Jamison
575. Schuyler Bailey
576. Susan Bailey
577. Olivia Olds
578. Otto Williams (2)
579. Jeffrey Heller
580. Phil Allen
581. Esther Brass-Chorin
582. Arlene Baxter
583. Dennis Mulqueeney
584. Donna Grethen (2)
585. Ian Grubb
586. Toni Mester
587. Steve Tracy
588. Eli Moore
589. Colby Olds
590. Kathryn Raphael
591. Tom Edwards
592. Eric Scheie
593. Marvin Snow
594. Nashua Kalil
595. Audrey Tse Tanzillo
596. Jesse Greenspan
597. Wes Boyd

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598. Chuck Cornwall
599. Tom Edwards
600. Jennifer Sowerwine
601. Melanie Curry
602. Martha Staskawicz
603. Yen Trac
604. Marilyn Margulius (2)
605. Charles McKinley
606. Tim Holton
607. Deb Trillia
608. Patricia Reedy
609. Craig Raphael
610. Jennifer Monahan
611. David Moore
612. D. Miller Wise
613. Arjun Mukerji
614. Steven Douglas
615. John Horton
616. Jean Fichtenkort
617. Blair and Helaine Prentice
618. Dr. Lin
619. Hilary Read
620. Val Cipollone
621. Chelsea Hodge
622. Paul Litsky
623. Sharon Richey
624. Robin Galer
625. Colleen Busch
626. Clara Collier
627. Anand Subramani
628. Harris Cohn
629. Rebecca Mills
630. Andrea Cohen
631. Karen Weil
632. Paul Schwartz
633. Andrea Higdon
634. Andrea Pflaumer
635. Victoria Kahn
636. Robin Kibby
637. Richard Frankel
638. Barbara Cohn
639. Anna Avellar
640. Vanessa Vega
641. Tamara Holden-Gurin (2)
642. Miles Johnson
643. Tony Warwick
644. Ruth Langridge
645. Anna Tchetchetkine
646. Elsa Tranter
647. Charlotte von der Hude

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648. Brian Gilbane
649. Marc Hedlund
650. Jean Weininger (2)
651. Robert and Diana Kehlmann
652. Lynne Clenfield
653. Jennifer Chatman and Russell Barnett
654. Diane Weber
655. Andrea Kean and David Spinner
656. Tom and Jane Kelly (2)
657. Jacob Kopczynski
658. Barbara Davis
659. Ellen Pasternack
660. 26 Letters of Support
661. 11 Letters of Opposition
662. 3 Substantially similarly worded letters
663. 3 Substantially similarly worded letters
664. 4 Substantially similarly worded letters
665. 57 Substantially similarly worded letters
666. 53 Substantially similarly worded letters
667. 64 Substantially similarly worded letters
Supplemental Communications and Reports 3
Item #1: Zoning Ordinance and General Plan Amendments Relating to Middle Housing
668. Thea Davison
669. Lisa Pfeiffer
670. Jeanne M. Brenna
671. David Mostardi
672. Thomas Dattilo
673. Grant Thompson
674. Kevin L. Jones
675. Samuela Evans
676. Jil Geller
677. Meghana Gadgil
678. Julie Snyder
679. Jane Metcalfe
680. Samuel Olds
681. Dr. Susan Brand (2)
682. Enid Camps
683. Karen Gilligan
684. Rachel Kiekhofer
685. Dr. Zachary Cosenza
686. Abby and Jim
687. Margo Webster
688. Helene Vilett
689. Diana Keena
690. Elizabeth Snowden and Charles P. Smith (2)
691. Allison Kidder
692. Janice Murota
693. Tamara Abrams

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694. Martha Rabkin
695. James M. Lloyd on behalf of California Housing Defense Fund 696. Kurt Ribak
697. Carla Woodworth
698. Brenda Shank
699. Deane Bruce
700. David Lerman (2)
701. Linda M. Schweidel
702. Lance Williams
703. Vivian Pisano
704. Marsha Weintraub and Stuart Hellman (2)
705. Fred Schlachter (3)
706. Gail Greenwood
707. Michael Scandling
708. Georjana Barnes
709. Samira Nedugadi
710. Ellen Matthews
711. Stephen Born (2)
712. Paula Aiello
713. Laura Fujii
714. Champe
715. Janet Anderson
716. F. Banuett
717. Kathryn Krahenbuhl
718. Andi Chang
719. Jennifer Winch
720. Joel Krajewski
721. Tim
722. William Springer
723. Katie Johnson
724. Stuart Hellman
725. Tami Boulet and Nick Rizza
726. Claire Sherman and Ed Anisman
727. Kate Pope
728. Emily Warden
729. Gretchen Carlson
730. Kamal Kapadia and Matthias Fripp
731. Hayne Leland
732. Bohun Kinloch
733. Bob Byrne
734. Nelson and Katherine Graburn
735. Cvalk65
736. Patricia Young and Robert Young
737. Linda Currie
738. Sharon Rollins Singer
739. Mary Behm-Steinberg
740. Janet Huseby
741. Joshua
742. David Socholitzky
743. Thomas Eusterbrock (2)

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744. Austin Henderson
745. Reba Jones
746. Michael Keenan
747. Steven
748. Judy Casey and Vin Dunn
749. Oskar Cross
750. Katinka Wyle
751. Dan Slobin
752. Marilyn Vihman
753. Patrick Kehoe
754. Krista Denton
755. Georgia Maslowski
756. Mitchell Fleischer
757. Judy Dale
758. Susan Louie
759. Carolyn West
760. Margaret Torn
761. Andrea
762. Lisa Lum and Michael Hohmeyer (2)
763. Buro Mookjeri
764. Susan Aumiller
765. Brian
766. Joan Guilford
767. Michael Roche
768. Brian
769. Suzanne Jones
770. Will Freyman
771. Irene L. Collaco
772. Michael Thouati
773. Stephen Twigg
774. Kathy Scandling
775. Jessica Rohman
776. Susan Schwartz
777. John Stenzel
778. Susan and Roy Bogas
779. Christopher Buckley
780. Elizabeth Miles
781. Sandra Emerson
782. Sean Kennedy and Maxine Skaggs Kennedy
783. Tom Johnston
784. Laura Louis
785. Tomas Balogh
786. Dalia C. Nagel (2)
787. Verna Winters
788. Jenny Wenk
789. Barryett Enge
790. Lance Director Nagel (2)
791. Theresa Frantz
792. Roz Smith
793. Elizabeth Ditmars

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794. Kent Oberheu
795. Noreen Axelson
796. Kelly Hammargren
797. Vincent Pham
798. Patricia Brink
799. Dr. Barbara Schick
800. Audrey Richards
801. Teresa Tan
802. Andrew Livsey
803. Marissa Moss
804. John Di Ruocco
805. Richard Illgen and Michaelyn Jones
806. Andrew Beahrs
807. Lauren and David Moore
808. Paula Versano and Alan Tansman
809. Gail Machlis
810. Scott Shenker
811. Deborah Brown
812. Jacquelyn D Evans
813. Nadia B. Le Bon
814. Mike and Sharon Trott
815. William Guynn
816. Liza Lutzker
817. Esta Brand
818. Debra Savate
819. Rutie Adler (2)
820. Manuela Albuquerque and Christopher McKenzie
821. Pamela Helms (2)
822. Megan Cole
823. Stephanie Antalocy
824. Margaret Simon
825. Celeste Goyer on behalf of the Casita Coalition
826. Darrell Owens
827. Laura Ide
828. Lhndl
829. Voters in Berkeley
830. Sarah Herbold
831. David
832. Martine Kraus
833. Joan Grant
834. Simone Hoelck
835. Jill Uyeda
836. Maria Sakovich
837. Steven Woodall and Lila Crutchfield
838. Tasha Leverette
839. Nomi Harris
840. Xanthippe Phillips
841. Rochelle
842. Tina de Benedictis
843. Jen

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844. Leni Siegel
845. Bre C
846. Donna Brookman
847. William Laves
848. Virginia Browning
849. Naor Deleneau
850. Jane Wenger
851. Doris Sloan
852. Melanie Feakins
853. Lisba Fowler
854. Cheryl and Alan Rinzler
855. Todd Darling and Linda Jensen Darling
856. Deborah Leeds
857. Les Guliasi (2)
858. Margaretta M. Lovell and Stephanie Rose
859. Ethan Karp and Sue Lynn Thomas
860. Joan Killeen
861. Holly M. Smith
862. Susan Whitman
863. Stephanie Wade (2)
864. Bonnie Borucki
865. Jessica Samuels
866. Andrew Bestwick
867. Luri Quaglia
868. Rose Ellen
869. Randall Gee
870. Gary Ingram and Anita Ingram
871. Alesia Connelly
872. Sara and Harvard Holmes
873. Kate and Daniel Funk
874. Michael Roberts
875. PD Marshall and G Penegor
876. Steve Bedrick
877. Alan Bernheimer
878. Emilie Strauss
879. Joe Van Steen
880. Stephen Sites and Lisa Krepela
881. Susan Orbuch
882. Nancy Carleton
883. Robert Stokstad
884. Carl Yerkovich
885. Karen Khor
886. Cynthia Cowgill
887. Vihaan Mitra
888. Jodi Kaufman
889. Alan Bern
890. Jesse Pollak
891. Candace and Richard Medress
892. Robert Stoner
893. Constance Rivemale

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894. Nick Greene
895. Ian Meyers
896. Donna Lurie
897. Jen Bilik (2)
898. Kenny Stone
899. Constance Anderson
900. Susan Duncan
901. Cheryl Keller Brooks
902. Kuniko Weltin-Wu
903. Tyler Friedman
904. Victoria deMara
905. Jim Corr
906. Reanna and Reed Kalna
907. Joan Wager
908. Heidi Hartman (3)
909. Richard Jackson
910. Michael Tripp and Sara Lee
911. Gary Facente
912. Steve Seid
913. Alex Takaoka
914. Diego Aguilar-Canabal
915. Ellen Hahn
916. Stephanie Thomas
917. Carol Whitman Simpson
918. Lota and Mac Rygiel
919. Andrew Uzane Schneiderman
920. Jennifer Drapeau
921. Lynne Rodezno
922. Lucinda Olney
923. Kathy Aschheim
924. Kim Sharrar
925. Holly Singh
926. Ila Rosenzweig
927. Rudabeh Pakravan and Kristen Sidell
928. Melanie Lawrence and John Smail
929. Mary Canavan
930. Lou Ponticas
931. Bonnie Mattison
932. Erika Wodinsky and John Dresslar
933. Pallop Wilairat
934. Jeanne Schuman
935. Stephanie McCoy
936. Dorothea Dorenz
937. Jim Hynes
938. Fred Bamber
939. Cynthia Dorfman
940. Luke Terlaak Poot
941. Greg Gurnick
942. Megan
943. Rocky

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944. Maxina Ventura
945. Heather Hernandez
946. Karen Fagerstrom
947. Joan E. Sarnat and David Hoffman
948. Charlotte Nolan
949. Anna Urrea
950. Sterling Kinnell
951. Ann Swidler
952. Jim Hanson
953. Tamara Thebert
954. C. Wolf
955. Jovi Tseng
956. Sean Lincoln
957. Suzanne Marr
958. Maragret Fouda
959. Kris Kargo
960. Jean Peters
961. Susan O’Neal
962. Florie Wezelman “Beany”
963. Susanna Porte
964. L. Ruth
965. Marlene Lieberman
966. Steven Roselaren
967. Rebecca Hooley
968. Chris Cosgrove
969. Endless Energy
970. Pat Nomura
971. Ted Matley
972. Xander Boutelle
973. Sabina
974. Ellen Greenblatt
975. Nancy Becker
976. Theo
977. Chris Cullander
978. Alan Pearson
979. Sbschickman
980. Shael Barger
981. Nancy Carleton
982. Bill Kristy
983. Gerald Morrison
984. Laura Spiekerman
985. Ryan
986. Steve Ratcliff
987. Tiffany Cotter
988. Karen Chapman
989. Sheryl Drinkwater
990. Eric King
991. Brian Rosenberg
992. Joan and Don Wilson
993. Wendy

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994. Ellen Evers
995. 3 Similarly worded form letters
996. 3 Similarly worded form letters
997. 7 Similarly worded form letters
998. 34 Similarly worded form letters
999. Presentation, submitted by Planning and Development Department

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B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
Tuesday, July 23, 2024
5:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1600197323. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 019 7323. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 6

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Preliminary Matters
Roll Call: 8:42 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: None
Action Calendar – New Business

1. Resolution Approving Amended Home Loan Documents in Consideration for City Manager Dee Williams-Ridley Separation Agreement
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution amending former City Manager Dee Williams-Ridley’s Home Loan Agreement with the City.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 7 speakers. M/S/C (Arreguin/Wengraf) to adopt Resolution No. 71,448–N.S.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – Hahn.

Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 8:54 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on July 23, 2024.
__________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Resolution Approving Amended Home Loan Documents in Consideration for City Manager Dee Williams-Ridley Separation Agreement

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1. Barbara Gilbert
Supplemental Communications and Reports 3
 None

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MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 23, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 7

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Tuesday, July 23, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 9:22 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters

1. Recognition in Memory of Former Councilmember Max Anderson

2. Recognition of the 2024 Berkeley Music and Arts Summit

3. Adjourned in Memory of Sonya Massey, Victim of Police Violence Report from Closed Session
The City Council met in closed session on July 22, 2024, pursuant to Government Code Section 54956.9(d)(2), and provided direction to outside counsel and approved a Compromise and Release settlement with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: ADJ10187918 and provided direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: ADJ18579793.

The Council also authorized the City Attorney to settle the Claim of Paul Wescott for total amount of $24,930.82.

City Manager Comments:

1. Movies in the Park, Friday July 26 – How to Train Your Dragon

2. Tuolumne Family Camp Comedy Weekend

3. Olympic Day in San Pablo Park
Public Comment on Non-Agenda Matters: 10 speakers.

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Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 14 speakers.

Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

1. FY 2025 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,927-N.S. to recommend that the Berkeley City Council set the FY 2025 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2800 (28.00 cents) per square foot for dwelling units and $0.4233 (42.33 cents) per square foot for industrial, commercial, and institutional buildings.

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Tess Mayer, Library, (510) 981-6100, Henry Oyekanmi, Finance, (510) 981- 7300
Action: Adopted second reading of Ordinance No. 7,927–N.S.

2. Youth Voting in Berkeley School Board Elections; Ordinance providing for voting by persons aged 16 and 17 years old for office of School Director From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,928-N.S. providing for youth voting by persons aged 16 and 17 years old for office of School Director pursuant to Article III, Section 5(3) of the City Charter.

First Reading Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Wengraf.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted second reading of Ordinance No. 7,928–N.S.

3. Municipal Code Amendments for Measure KK Compliance and Updated Settlement Authority
From: City Attorney
Recommendation: Adopt first reading of an Ordinance amending Chapter 2.56 and Sections 2.36.040, 4.04.100, 4.04.110, and 7.12.020 of the Municipal Code to conform to Section 113 of the City Charter (Measure KK), and to increase the City Attorney’s authority to settle claims up to $50,000.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted first reading of Ordinance No. 7,929–N.S. with an amendment in Section 2.56.040. Second reading scheduled for July 30, 2024.

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Consent Calendar
Tuesday, July 23, 2024 MINUTES Page 4

4. Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $161,280 for fitness center memberships for City employees for the period July 1, 2024 through June 30, 2025.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted Resolution No. 71,449–N.S.

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 23, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $4,525,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

6. Public Facility Improvement Program Funds for Insight Housing’s (formerly Berkeley Food and Housing Project) Dwight Way Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Reallocate $549,785 of FY24 Measure P funds from Insight Housing’s (IH) Russel Street Residence rehabilitation project to their Dwight Way Center (DWC) rehabilitation project; and 2. Execute all resultant agreements and amendments with IH for the above-mentioned funds.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,450–N.S.

7. Appointment of Priscilla Villanueva to the Board of Library Trustees From: City Manager
Recommendation: Adopt a Resolution appointing Priscilla Villanueva to the Board of Library Trustees (“BOLT”) for a term of four years beginning September 4, 2024.

Financial Implications: None
Contact: Tess Mayer, Library, (510) 981-6100
Action: Adopted Resolution No. 71,451–N.S.

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Consent Calendar
Tuesday, July 23, 2024 MINUTES Page 5

8. License Agreement: Masaba LLC., DBA Roaming Bean Coffee Vendor at the Waterfront
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Roaming Bean Coffee to operate at the Berkeley Waterfront for a three-year term, ending July 31, 2027.

Financial Implications: $11,498 - Revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,452–N.S.

9. Lease Agreement: Youth Musical Theater Company for the properties at 2925 and 2945 Bolivar Drive, Aquatic Park
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s properties at 2925 and 2945 Bolivar Drive in Aquatic Park for a term of ten years, anticipated to begin September 1, 2024 and ending August 31, 2034, with one five-year option.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 7,930–N.S. Second reading scheduled for July 30, 2024.

10. Assembly Bill 481, 2023 Annual Military Equipment Report From: City Manager
Recommendation: Adopt a Resolution approving the 2023 Annual Military Equipment Report.

Financial Implications: Staff time
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,453–N.S.

11. Contract: Alta Planning & Design for Adeline Street Transportation Improvements Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alta Planning & Design for Preliminary Engineering and Environmental Studies for the Adeline Street Transportation Improvements Project for an amount not-to-exceed $1,256,120.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,454–N.S.

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Consent Calendar
Tuesday, July 23, 2024 MINUTES Page 6

12. Contract: Buhler Commercial for FY 2023 Retaining Wall and Storm Drain Improvement Project (Specification No. 23-11616-C & 23-11614-C) From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the FY 2023 Retaining Wall and Storm Drain Improvement Project; 2. Accepting the bid of Buhler Commercial as the lowest responsive and responsible bidder; and 3.

Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until project completion, in accordance with the approved plans and specifications in an amount not to exceed $1,973,708.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,455–N.S.

13. Contract No. 31900102 Amendment: Nute Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900102 with Nute Engineering (Nute) for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount not to exceed $900,000, and extending the term of the contract from June 30, 2024 to June 30, 2025.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,456–N.S.

14. Amending the 1956 Maintenance Agreement with Caltrans to include new I-80 Gilman Interchange
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute an amendment to the 1956 Freeway Maintenance Agreement between the City and Caltrans to include new I- 80/Gilman Interchange facilities.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,457–N.S.

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Consent Calendar
Tuesday, July 23, 2024 MINUTES Page 7

15. Change Football Game Day Parking Restrictions in Residential Preferential Parking Zones
From: City Manager
Recommendation: Adopt a Resolution modifying parking restrictions in specified Residential Preferential Parking (RPP) zones on University of California, Berkeley (UC Berkeley) home football game days as follows:

1. Remove game day parking restrictions and enforcement in RPP zones G and F north of UC Berkeley campus;

2. Allow visitor parking on game days in RPP zones B and D for up to two-hours with enhanced fines (per Resolution No. 69,089-N.S., adopted September 10, 2019, enhanced fines on football game days are $225);

3. Allow parking on game days on a one-block stretch of Bancroft Way between College Avenue and Bowditch Street for up to two-hours;

4. Allow parking on game days on College Avenue between Dwight Way and Parker Street for up to two-hours with enhanced fines;

5. Allow parking on game days on Oxford Street between Hearst Avenue and Center Street.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300, Eleanor Hollander, Economic Development, (510) 981-7530
Action: Adopted Resolution No. 71,458–N.S.

16. Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street
From: Director of Police Accountability
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a ten-year lease agreement with The Shamszad Family Living Trust for the property located at 1900 Addison Street, Suites 300 and 350, with a lease term beginning on September 1, 2024.

Financial Implications: See report
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950 Action: Adopted first reading of Ordinance No. 7,931–N.S. Second reading scheduled for July 30, 2024.

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Action Calendar – Public Hearings
Tuesday, July 23, 2024 MINUTES Page 8

17. Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program From: City Manager
Recommendation: Conduct a public hearing on:

1. Substantial amendments to the federal Program Years (PY) 2018, 2019, 2020, and 2021 Annual Action Plans (AAP), which propose a total reallocation of $478,500 of Community Development Block Grant (CDBG) funds from the Senior Disabled (Home) Loan Rehabilitation Program (SDLRP) to the Public Facility Improvement Program;

2. Allocating $450,000 of the reallocated funds to Insight Housing’s (IH) existing public facility rehabilitation project at 2140 Dwight Way, and

3. Allocating $52,775 to Larkin Street Youth Services’ (LSYS) existing public facility rehabilitation project at 3404 King St ($28,500 from above reallocated funds and $24,275 from available PY 2024 funds).

Upon conclusion of the hearing, adopt a Resolution authorizing the City Manager or her designee to:
a. Approve the CDBG public facility funding allocations for two public facility improvement projects, $450,000 for IH and $52,775 for LSYS; b. Submit the Substantial Amendments to the PY 2018, 2019, 2020, and 2021 Annual Action Plans to the U.S. Department of Housing and Urban Development (HUD); and
c. Execute all resultant agreements and amendments with IH and LSYS and for the above-mentioned funds.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 3 speakers.

M/S/C (Arreguin/Taplin) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Tregub/Arreguin) to adopt Resolution No. 71,459–N.S.

Vote: All Ayes.

Action: M/S/C (Arreguin/Tregub) to suspend the rules and extend the meeting to 11:15 p.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Bartlett) to suspend the rules and extend the meeting to 11:25 p.m.

Vote: Ayes – Kesarwani, Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – Taplin; Abstain – Wengraf.

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Council Action Items
Tuesday, July 23, 2024 MINUTES Page 9

18. Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle as Public Open Space
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle at the intersection of Dwight Way and Telegraph Avenue as Public Open Space Pursuant to BMC chapter 6.42.

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: 15 speakers. M/S/Failed (Lunaparra/Tregub) to adopt the resolution amended to include additional stakeholder engagement.

Vote: Ayes – Bartlett, Tregub, Lunaparra; Noes – Kesarwani, Taplin, Wengraf; Abstain – Hahn, Humbert, Arreguin.

Information Reports

19. LPO NOD: 8 Greenwood Common, #LMSAP2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Removed from the agenda by the City Manager.

20. Alameda County Transportation Commission Rail Safety Enhancement Program – Phase A
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Removed from the agenda by the City Manager.

21. Annual Report on Landmarks Preservation Commission (LPC) Actions From: Landmarks Preservation Commission
Contact: Fatema Crane, Commission Secretary, (510) 981-7400 Action: Received and filed.

Adjournment
Adjourned at 11:25 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 23, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, July 23, 2024 MINUTES Page 10
Communications
Bike Lane Construction

1. D.A. (2)

2. Tom

3. Julia (2)

4. Voters
Traffic Control Signage

5. David Lerman
Longfellow Middle School Relocation

6. Liz Lutzker
Berkeley Federation of Teachers

7. Matt Meyer
Ohlone Dog Park

8. Ohlone Dog Park Neighbors
Fair and Open Bargaining

9. Jamie Cooney

10. Moni Law
UC Master Leasing

11. Barbara Gilbert
Aurora Theater

12. Josh
Civic Center Park

13. Anna Weinstein
Restaurant Inspection Results

14. David Lerman
Panoramic Way

15. Lisa and Ilana Handwerker (2)

16. Nick Thurlow
Café

17. Barbara Gilbert

18. Isabelle Gaston
Diversity and Inclusion

19. Moni Law

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Tuesday, July 23, 2024 MINUTES Page 11
Sidewalk Safety Concern

20. Max
Lime Scooters

21.Laarni Mathias (2)

22.Summer Brenner
Water Drainage

23. Maha Parameswaran
Tesla, Harrison St.

24. John Craner, CEO, Downtown Berkeley Association
Grizzly Peak Blvd.

25. Bruce Brody
Shipping Containers at 2556 Haste St.

26. Tobias Damm-Luhr
World Skate

27. Jerry Bekkers, World Skate Facility Department Director North Berkeley Affordable Housing

28. Kim Klein

29. Dorothea Dorenz
Crime in Berkeley

30.Nina Lyons
Arson Fires

31. Barbara Gilbert
CROP Invitations

32. Eugene Dey (6)
Middle East Conflict

33. Aaron

34. Shanna Bowie

35. Jessica Kim

36. Erwan Illian (3)

37. Russbumper (2)
Towing Concern

38. William Race

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Tuesday, July 23, 2024 MINUTES Page 12
Rental Board

39. Scott
Flag Hanging from Civic Building

40. Jessica Pearlman

41. Dorothea Dorenz
URLs Only

42. Russbumper (6)

43. Erwan Illian
Newsletter

44. Berkeley Art Center

45.Russbumper (2)

46. Vivian Warkentin
Supplemental Communications and Reports 1
Item #17: Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program

47.Supplemental material submitted by Health, Housing, and Community Services Supplemental Communications and Reports 2
Item #15: Change Football Game Day Parking Restrictions in Residential Preferential Parking Zones

48.Alex Knox
Item #18: Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle as Public Open Space

49.Revised agenda material submitted by Councilmemeber Lunaparra

50.Alex Knox
Supplemental Communications and Reports 3
Item #10: Assembly Bill 481, 2023 Annual Military Equipment Report

51.Jose D. Murrillo on behalf of the Police Accountability Board Item #17: Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program

52.Helen Walsh (3)
Item #18: Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle as Public Open Space

53.Terri Compost

54.Sylvia

55.Laura Smiley (2)

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Tuesday, July 23, 2024 MINUTES Page 13

56.Stephanie Thomas
Miscellaneous Communication

57.Eid

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Monday, July 29, 2024 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
MONDAY, JULY 29, 2024
4:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

JESSE ARREGUIN, MAYOR
Councilmembers:

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1618709267. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
161 870 9267. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 8Page 69 of 103

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Monday, July 29, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:06 p.m.

Present: Kesarwani, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Taplin, Bartlett
Councilmember Taplin present at 4:10 p.m.

Councilmember Bartlett present at 4:31 p.m.

Public Comment - Limited to items on this agenda only – 19 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1):
a. Gregory J. Dabel, Trustee v. City of Berkeley, Alameda County Superior Court, Case No. 24CV076653.

Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2):
a. City of Grants Pass, Oregon v. Johnson (2024) 144 S.Ct. 2202 Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.

Vote: Ayes – Taplin, Bartlett, Hahn, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Tregub, Wengraf.

Adjourned at 6:04 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on July 29, 2024.
__________________________
Mark Numainville, City Clerk

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Tuesday, July 30, 2024 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
Tuesday, July 30, 2024
3:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1611538218. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 153 8218. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 9

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Tuesday, July 30, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:13 p.m.

Present: Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 3:16 p.m.

Councilmember Bartlett present at 3:36 p.m.

Action Calendar

1. Initiative Petition – Ordinance Creating a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks and Pedestrian Paths (Fix the Streets & Sidewalks) (Continued from July 9, 2024)
From: City Manager
Recommendation:

1. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 4 speakers. M/S/C (Arreguin/Bartlett) to:

1. Adopt Resolution No. 71,460–N.S. submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. No members designated to file arguments on behalf of the City Council.

Vote: All Ayes.

2. Initiative Petition – Ordinance to Establish a Parcel Tax to Fund Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths (SAFE STREETS) (Continued from July 9, 2024)
From: City Manager
Recommendation:

1. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 9 speakers. M/S/C (Arreguin/Taplin) to:

1. Adopt Resolution No. 71,461–N.S. submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. No members designated to file arguments on behalf of the City Council.

Vote: All Ayes.

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Action Calendar
Tuesday, July 30, 2024 MINUTES Page 3

3. Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger (Continued from July 9, 2024) (Item contains revised material)
From: City Manager
Recommendation:

1. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 11 speakers. M/S/C (Arreguin/Humbert) to:

1. Adopt Resolution No. 71,462–N.S. submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. No members designated to file arguments on behalf of the City Council.

Vote: All Ayes.

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Action Calendar
Tuesday, July 30, 2024 MINUTES Page 4

4. Initiative Petition – Initiative Ordinance Requiring the Adoption of Minimum Indoor Air Quality Standards in City-Owned and City-Leased Buildings (Continued from July 9, 2024)
From: City Manager
Recommendation:

1. Take action on the initiative petition to:
a. Adopt the provisions of the measure without alteration. -OR-
b. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 6 speakers. M/S/C (Arreguin/Tregub) to:

1. Adopt Resolution No. 71,463–N.S. submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election, amended to change the ballot question as written below.

Shall the measure setting new indoor air quality standards for City-owned and - leased buildings; prohibiting compliance with those standards through the use of air filtration or disinfection technologies emitting ozone, volatile organic compounds, oxidation byproducts, excessive sound, or ultraviolet light; requiring repair, closure, evacuation, and/or provision of alternative services to the public due to building closure when standards are not met; and creating a private right to sue over alleged violations, be adopted?

2. Designated Mayor Arreguin and Vice-Mayor Wengraf to file ballot measure arguments on behalf of the City Council.

Vote: All Ayes.

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Action Calendar
Tuesday, July 30, 2024 MINUTES Page 5

5. Community Survey Results and Direction on Potential November 2024 Arts & Culture Ballot Measure
From: City Manager
Recommendation:

1. Receive the presentation of the results of the community survey; and

2. Provide direction to staff on whether to prepare final language for City Council approval or decide not to place the measure on the November 2024 ballot.

Financial Implications: None at this time
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000 Action: 4 speakers. M/S/C (Arreguin/Taplin) to direct staff not to pursue a ballot measure regarding the arts for the November 5, 2024 election.

Vote: All Ayes.

Action: M/S/C (Arreguin/Tregub) to accept revised materials from Mayor Arreguin on Item 6.d.

Vote: All Ayes.

Public Comment on Item 6 – 27 speakers.
6a. Ballot Measure – Tax Measure to Reauthorize the General Tax on the Distribution of Sugar-Sweetened Beverage Products
From: City Attorney
Recommendation:

1. Adopt a Resolution placing the attached measure reauthorizing the general tax on the distribution of sugar-sweetened beverages on the ballot for the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications:

Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: M/S/C (Arreguin/Hahn) to:

1. Adopt Resolution No. 71,464–N.S. placing the attached measure reauthorizing the general tax on the distribution of sugar-sweetened beverages on the ballot for the November 5, 2024 General Municipal Election, amended to include new wording for the ballot question as follows.

Shall the measure to remove the current January 1, 2027 expiration date and extend until ended by voters the general tax on the distribution of sugary drinks and sweeteners, paid by distributors at the rate of 1¢ per fluid ounce, previously approved by voters in 2014, with exceptions for small retailers, milk products, and baby formula, raising approximately $1,150,000 per year for general government use, be adopted?

2. Designated Mayor Arreguin, Councilmember Hahn, and Councilmember Lunaparra to submit ballot measure arguments on behalf of the City Council.

Vote: All Ayes.

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Action Calendar
Tuesday, July 30, 2024 MINUTES Page 6
6b. Ballot Measure – Tax Measure to Fund Berkeley Public Library Operations and Services
From: City Attorney
Recommendation:

1. Adopt a Resolution placing the attached special parcel tax measure for library operations and services on the ballot for the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950, Tess Mayer, Library, (510) 981-6100
Action: M/S/C (Arreguin/Wengraf) to:

1. Adopt Resolution No. 71,465–N.S. placing the attached special parcel tax measure for library operations and services on the ballot for the November 5, 2024 General Municipal Election.

2. Designated Councilmember Hahn to file ballot measure arguments on behalf of the City Council
Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to designate Councilmembers Hahn and Bartlett to file ballot measure arguments on the library tax on behalf of the City Council.

Vote: All Ayes.
6c. Ballot Measure – Increasing the Parks, Trees and Landscaping Maintenance Tax
From: City Attorney
Recommendation:

1. Adopt a Resolution placing the attached measure to increase the parks, trees and landscaping maintenance tax on the ballot at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action: M/S/C (Taplin/Lunaparra) to:

1. Adopt Resolution No. 71,466–N.S. placing the attached measure to increase the parks, trees and landscaping maintenance tax on the ballot at the November 5, 2024 General Municipal Election.

2. Designated Councilmembers Hahn, Taplin, and Humbert to file ballot measure arguments on behalf of the City Council.

Vote: All Ayes.

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6d. Ballot Measure Amending Chapter 7.52 of the Berkeley Municipal Code to Increase and Extend the General Real Property Transfer Tax From: City Attorney
Recommendation:

1. Adopt a Resolution placing the attached measure to increase and extend the City’s Real Property Transfer Tax on the ballot at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action: M/S/C (Arreguin/Hahn) to:

1. Adopt Resolution No. 71,467–N.S. as written in revised materials submitted by Mayor Arreguin including revised ballot measure text in Exhibit A placing the measure to increase and extend the City’s Real Property Transfer Tax on the ballot at the November 5, 2024 General Municipal Election.

2. Designated Mayor Arreguin and Councilmembers Hahn, Tregub, and Bartlett to file ballot measure arguments on behalf of the City Council.

Vote: All Ayes.

7. Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 Ballot
From: Councilmember Lunaparra (Author)
Recommendation:

1. Refer to staff to write a resolution submitting the Berkeley Tenant Protection and Right to Organize Act to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: 0 speakers. M/S/C (Arreguin/Hahn) to continue Item 7 to the special meeting on August 5, 2024 including revised material in Supplemental Communications Packet #2 from Councilmember Lunaparra.

Vote: All Ayes.

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8. Alternative Ballot Measure to Large Buildings Fossil Fuel Emissions Tax Ballot Initiative
From: Councilmember Tregub (Author)
Recommendation:

Adopt a Resolution to place on the ballot an alternative measure to the initiative- submitted Fossil Fuel Emission Tax Ballot Measure for Large Buildings. This alternative measure was crafted with input from various stakeholders, including labor, environmental organizations, and the small business and nonprofit community. -OR-
Direct staff to provide analysis, by the August 5, 2024, Special Meeting of the Berkeley City Council, of placing on the ballot a companion measure to the above- referenced initiative-submitted Fossil Fuel Emission Tax Ballot Measure, and to recommend alternative actions to mitigate certain unintended consequences of the initiative should it be adopted by Berkeley voters.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: 12 speakers. M/S/Failed (Tregub/Lunaparra) to adopt the revised recommendation in Supplemental Communications Packet #2 from Councilmember Tregub to develop an alternate ballot measure.

Vote: Ayes – Tregub, Hahn, Lunaparra; Noes – Kesarwani, Taplin, Bartlett, Wengraf, Humbert; Abstain – Arreguin.

Information Reports

9. Analysis and Response to Questions regarding Two Pavement/Sidewalk- Related Voter Initiatives on the November 5, 2024 Ballot From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Received and filed.

10. Section 9212 Report: Large Buildings Fossil Fuel Emissions Tax From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

11. Analysis and Response regarding the Aerosols Requirements of the “Healthy City Buildings” Voter Initiative on the November 5, 2024 Ballot From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Received and filed.

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Tuesday, July 30, 2024 MINUTES Page 9
Adjournment
Action: M/S/C (Arreguin/Tregub) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 7:27 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on July 30, 2024.
__________________________
Mark Numainville, City Clerk
Communications
Item 3. Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger

1. Tom Parrish, on behalf of Berkeley Repertory Theatre Item 5. Community Survey Results and Direction on Potential November 2024 Arts & Culture Ballot Measure

2. Civic Arts Commission
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #3: Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger (Continued from July 9, 2024) (Item contains revised material)

3. Maria Schell Hassid on behalf of the David Brower Center

4. Daniel Tahara

5. Ric O’Connell

6. Lyanne Mendez on behalf of David Clark on behalf of Sutter Health

7. Esme Danko on behalf of Gen Yasuda and Diane Yasuda, Berkeley Bowl Owners Item #6d: Ballot Measure Amending Chapter 7.52 of the Berkeley Municipal Code to Increase and Extend the General Real Property Transfer Tax

8. Supplemental agenda material submitted by Councilmember Hahn Item #7: Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 Ballot

9. Revised agenda material submitted by Councilmember Lunaparra

10.Biel Delgado Trabal

11.Evan Mills

12.Rosina Keren

13.Rex Brooks

14. Michael Parman

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15. Jean Sanchirico

16. Robin Kibby

17. Bhima Sheridan

18. Labi Rabiu

19. Phoebe Thomas (Sorgen)

20. Molly Miller

21. Kathleen Castillo

22. Negeene Mosaed (2)

23. Gail Martin

24. Julia Cato

25. Alfred Twu

26. Lynn Cooper

27. Leslie Firestone

28. Willia Bogert

29. Lisa Teague

30. Lisa Camasi
Item #8: Alternative Ballot Measure to Large Buildings Fossil Fuel Emissions Tax Ballot Initiative

31.Revised agenda material submitted by Councilmember Tregub Supplemental Communications and Reports 3
Item #1: Initiative Petition – Ordinance Creating a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks and Pedestrian Paths (Fix the Streets & Sidewalks) (Continued from July 9, 2024)

32.David Lerman

33. Pamela Michaud
Item #3: Initiative Petition – Initiative Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger (Continued from July 9, 2024) (Item contains revised material)

34. Emily Winston (2)

35. John Caner

36. Mary Lins

37. Rebecca Franke

38. Barry Braden

39. Jessica Trauner

40. Mark Rhoades

41. Susan Sunstein

42. Ken Goldenberg

43. Beth Roessner

44. David Lerman

45. Barbara Gilbert (2)
Item #5: Community Survey Results and Direction on Potential November 2024 Arts & Culture Ballot Measure

46. Presentation submitted by David Mermin and Nikolai Schweber on behalf of Lake Research Partners
Item #6b: Ballot Measure – Tax Measure to Fund Berkeley Public Library Operations and Services

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47. Presentation submitted by Tess Mayer

48.Tess Mayer

49. Pamela Michaud
Item #6d: Ballot Measure Amending Chapter 7.52 of the Berkeley Municipal Code to Increase and Extend the General Real Property Transfer Tax

50. Supplemental agenda material submitted by Mayor Arreguin

51. Lucy Armentrout

52. Andrea Gordon

53. Julie Guifoy

54. Pamela Michaud

55. Peter Hosemann

56. David Lerman

57. Lucia Hammond

58. Kristina McLaughlan

59. Jeff DeMartini
Item #7: Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 Ballot

60. Molly Miller

61. Susan Beaty

62. Ira Serkes (2)

63. Phil Allen

64. Dan McDunn

65. Gregory Kalkanis

66. Cindy Girvani Leerer

67. Summer Brenner

68. Max Smith

69. Debbie Woods

70. Sara Sebahar

71. J. Mejia

72. Mark Tarses (2)

73. Cate Leger

74. Roger Hallsten

75. Cris Benton

76. Toni Mester (2)

77. Carole Rotblatt

78. Alison Simon

79. Rafael Jaime

80. Debbie S.

81. Jil Geller

82. Jason Kaminsky

83. Claudia Benton

84. Sam Goldman

85. Karla Simmons (2)

86. Gale G.

87. Mary Lai

88. Mackinzie Farnell

89. Isobel Schneider

90. Brad Hirn

91. Margot R. Lederer

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92. Alicia Moore

93. Sue Britson

94. Mike Perlmutter

95. Poala Laverde

96. Susan Andres

97. Barbara Abrams and Gary Root

98. Alex Levy

99. John J. Parman
100. John and Nancy Woo (2)
101. Sam Smith
102. Monica Rohrer
103. Yash Narvaneni
104. Clare Woakes
105. Elizabeth Hubbell
106. Laura Tepper
107. Bahman Ahmadi
108. Kevin Rose-Williams
109. Kristin Richerson
110. Kathie Hardy
111. Susan Payne
112. Shira Shopov
113. The Berkeley Tenants Union Steering Committee
114. Allyson Noman
115. Pamela Michaud
116. Hope DeMarco
117. Marguerite Talley
118. Julieta Pisani McCarthy (2)
Item #8: Alternative Ballot Measure to Large Buildings Fossil Fuel Emissions Tax Ballot Initiative
119. Jocelyn Goldsmith- De Sana
120. Beth Roessner

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Tuesday, July 30, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 30, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1611538218. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 153 8218. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 10

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Preliminary Matters
Roll Call: 7:53 p.m.

Present: Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Tregub
Councilmember Tregub present at 7:55 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters
The City Auditor presented the Fiscal Year 2025 Audit Plan.

City Manager Comments:

The Interim City Manager noted several upcoming community events including National Night Out (8/6) at McGee Avenue and the Marina; Roller-skate Party (8/15) at Grove Park; Movies in the Park showing Teenage Mutant Ninja Turtles at Cedar Rose Park (8/16).

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Tregub) to accept an urgency item from the City Manager pursuant to Government Code Section 54954.2(b)(2) entitled Appointment of Director of Health, Housing and Community Services.

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to accept an urgency item from Councilmember Bartlett pursuant to Government Code Section 54954.2(b)(2) entitled McGee Avenue Baptist Church: Funding for McGee Avenue Baptist Church in partnership with City of Berkeley Young Adult Project for National Night Out event on Tuesday, August 6, 2024 - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds.

Vote: All Ayes.

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Public Comment on Consent Calendar and Information Items Only: 16 speakers.

Action: M/S/C (Arreguin/Taplin) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Consent Calendar – Continued Business
A. Municipal Code Amendments for Measure KK Compliance and Updated Settlement Authority (Continued from July 23, 2024)
From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,929-N.S. amending Chapter 2.56 and Sections 2.36.040, 4.04.100, 4.04.110, and 7.12.020 of the Municipal Code to conform to Section 113 of the City Charter (Measure KK), and to increase the City Attorney’s authority to settle claims up to $50,000.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted second reading of Ordinance No. 7,929–N.S.

B. Lease Agreement: Youth Musical Theater Company for the properties at 2925 and 2945 Bolivar Drive, Aquatic Park (Continued from July 23, 2024) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,930-N.S. authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s properties at 2925 and 2945 Bolivar Drive in Aquatic Park for a term of ten years, anticipated to begin September 1, 2024 and ending August 31, 2034, with one five-year option.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,930–N.S.

C. Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street (Continued from July 23, 2024) From: Director of Police Accountability
Recommendation: Adopt second reading of Ordinance No. 7,931-N.S. authorizing the City Manager to execute a ten-year lease agreement with The Shamszad Family Living Trust for the property located at 1900 Addison Street, Suites 300 and 350, with a lease term beginning on September 1, 2024.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950 Action: Adopted second reading of Ordinance No. 7,931–N.S.

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Urgent Item: Appointment of Director of Health, Housing and Community Services
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Scott Gilman as the Director of Health, Housing and Community Services to be effective August 4, 2024 at an annual salary of $272,685.09.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,468–N.S.

Urgent Item: McGee Avenue Baptist Church: Funding for McGee Avenue Baptist Church in partnership with City of Berkeley Young Adult Project for National Night Out event on Tuesday, August 6, 2024 - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of funds, including $500 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to McGee Avenue Baptist Church to fund operational resources for McGee Avenue Baptist Church in partnership with the City of Berkeley Young Adult Project for National Night Out event on Tuesday, August 6, 2024. The funds will be relinquished to the City’s General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.

Financial Implications: See report.

Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,469–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Lunaparra - $200; Councilmember Tregub - $250; Councilmember Humbert - $250; Councilmember Wengraf - $250; Councilmember Taplin - $250.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 3, 2024 (closed), June 4, 2024 (regular), June 14, 2024 (special), June 24, 2024 (closed), and June 25, 2024 (specials and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

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2. Contract No. 32400082 Amendment: The Wright Institute for Mental Health Counseling for Older Adults
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32400082 with The Wright Institute increasing the contract by $200,000 for the provision of mental health counseling services to older adults in the Berkeley community, in a total amount not to exceed $500,000. The new contract end date will be June 30, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,470–N.S.

3. Filling Human Welfare and Community Action Commission Public Sector Vacancies
From: City Manager
Recommendation:

1. Adopt a Resolution confirming the appointments of up to three public sector commissioners to the Human Welfare and Community Action Commission (HWCAC), having been approved by the Health, Life Enrichment, Equity & Community Policy Committee at their July meeting.

2. Adopt a Resolution appointing Catherine Huchting, Mary Behm-Steinberg, and George Lippman to the HWCAC as private sector representatives.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,471–N.S. (Public Sector) and Resolution No. 71,472–N.S. (Private Sector) with the appointees included in the revised materials in Supplemental Communications Packet #2 from the City Manager.

4. Establish Classification and Salary – Public Health Investigator From: City Manager
Recommendation: Establish the job class specification and salary of Public Health Investigator with an hourly salary range of $35.5512 - $43.2127.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,473–N.S.

5. Establish Classification and Salary – Assistant Fire Inspector From: City Manager
Recommendation: Establish the job class specification and salary of Assistant Fire Inspector with an hourly salary range of $36.8038 - $44.7352.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,474–N.S.

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6. Establish Classification and Salary – Veterinarian
From: City Manager
Recommendation: Establish the job class specification and salary of Veterinarian with an hourly salary range of $71.5295 - $86.9445.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,475–N.S.

7. Contract 10549C Amendment: Tyler Technologies Enterprise Resource Planning System for Ongoing Software Licensing, Maintenance Services, Implementation and Consulting Services, and Disaster Recovery Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10549C with Tyler Technologies for software licensing, maintenance services, implementation, consulting services, and disaster recovery services for the online Enterprise Resource Planning (ERP) system for the amount not to exceed $1,000,000 and a total contract value not to exceed $5,705,342.68 from April 1, 2017 to June 30, 2027.

Financial Implications: IT Cost Allocation Fund - $1,000,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,476–N.S.

8. Contract 31900042 Amendment: CivicPlus On-Line Recreation Reservation System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900042 with CivicPlus, Inc. for on-line recreation reservation system services to increase the contract amount by $37,000, for a total not-to-exceed contract amount of $153,756.

Financial Implications: Genereal Fund - $37,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,477–N.S.

9. Lot Line Adjustments at 1401 Carleton Street and 1423 Ward Street From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street to resolve main dwelling encroachments at the City’s Santa Fe Trackbed to Park Conversion Project Site.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 7,932–N.S. Second reading scheduled for September 10, 2024.

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10. Lease Agreement: Youth Musical Theater Company for the Live Oak Theater at 1301 Shattuck Ave
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s Live Oak Theater at 1301 Shattuck Avenue for a term of three years, anticipated to begin September 1, 2024 and ending August 31, 2027, with one five-year option.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 7,933–N.S. Second reading scheduled for September 10, 2024.

11. Revenue Grant: Cannabis Tax Fund Grant Program (CTFGP) Acceptance From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the CTFGP grant and enter into the resultant grant agreement and any amendments, with the California Highway Patrol. This grant is for $111,716.80 for the period of July 1, 2024 through June 30, 2025.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,478–N.S.

12. Purchase Order: National Auto Fleet Group for Prisoner Transport Vehicle Body Assembly Upgrade
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorize the City Manager to execute a purchase order for one Prisoner Transport Vehicle Body Assembly Upgrade with National Auto Fleet Group in an amount not to exceed $340,000.

Financial Implications: Various Funds - $340,000
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,479–N.S.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – Lunaparra.

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13. Purchase Order: Turf Star, Inc. for Go-4 Parking Enforcement Vehicles From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorize the City Manager to execute a purchase order for Go-4 Parking Enforcement Vehicles with Turf Star, Inc. in an amount not to exceed $400,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,480–N.S.

14. Referral to Develop Curb Management Plan (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee) From: Environment and Climate Commission
Recommendation: Refer to the City Manager to fund and develop a Curb Management Plan.

Policy Committee Recommendation: To send the item to Council with a positive recommendation, and that the item be taken up when additional funding for streets and infrastructure is approved and/or during the next budget process.

Financial Implications: See report
Contact: Sarah Moore, Commission Secretary, (510) 981-7400 Action: Approved item as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee.

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15. Referral to City Manager: Ashby BART Area Enhanced Infrastructure Finance District (EIFD) Analysis
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor) Recommendation: Refer to the City Manager and City Attorney to return to Council with an analysis and recommended actions to initiate an Enhanced Infrastructure Finance District (EIFD) encompassing the Ashby BART station area, and consider:

1. Earmarked provisions of an EIFD to finance specific infrastructure and community development investments in an effort to actualize improvements to a Southern Plaza and greater Adeline Corridor adjacent to the West Lot, including benefits supporting impacted communities;

2. A preliminary analysis on additional, non-contiguous EIFD catchment areas that extend beyond the BART development sites; and

3. An EIFD Financial Plan that determines the funding potential of such a district or districts, including the total amount of tax revenue that could be generated through property taxes, transfer taxes, sales taxes, and other revenue, for associated infrastructure and public works improvements. These improvements may include, but are not limited to a Black Arts and Cultural District and associated facilities, and Berkeley Flea Market facilities.

Refer to the November 2024 AAO1 process up to $100,000 for a) engaging a consultant to collaborate with the City Attorney, Planning and Finance Departments to prepare an EIFD Financial Plan, b) to initiate and conduct a community engagement process, and c) to establish an ad-hoc steering committee to guide this work consisting of residents, community-based organizations, the Planning Department, the Office of Economic Development, Civic Arts, and leaders involved in Equitable Black Berkeley work and the development of the Black Arts and Cultural District.

Financial Implications: General Fund - $100,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation as revised in Supplemental Communications Packet #2 from Mayor Arreguin.

16. Supporting the “Renewing Immigration Provisions of the Immigration Act of 1929 or “Registry Bill” (HR 1511 & SB2606)
From: Councilmember Lunaparra (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution Supporting the “Renewing Immigration Provisions of the Immigration Act of 1929 or “Registry Bill” (HR 1511 & SB2606) and endorsing the Northern California Coalition for Just Immigration Reform’s “Three-Day Walk for a Path to Citizenship” from San Jose to San Francisco on August 17-19, 2024.

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Councilmember Humbert added as a co-sponsor. Adopted Resolution No. 71,481–N.S.

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17. Berkeley Student Cooperative (BSC): Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Lunaparra (Author), Councilmember Wengraf (Co- Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund and funds from any other Councilmembers who would like to contribute, to the Berkeley Student Cooperative (BSC) for the repair of the glass skylights above Casa Zimbabwe (CZ) with funds relinquished to the City’s general fund for this purpose.

Financial Implications: Councilmember’s Discretionary Funds - $500 Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 71,482–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $300; Councilmember Tregub - $250; Councilmember Humbert - $250; Councilmember Wengraf - $500; Councilmember Bartlett - $250; Councilmember Taplin - $250; Mayor Arreguin - $500.

Action Calendar – New Business

18. Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by January 2025 and at least annually thereafter, regarding the status of our audit recommendations until reported fully implemented by the Environmental Health Division. Recommendations include developing a plan to improve inspection coverage and response to alleged foodborne illness complaints, tracking program spending, taking steps to address staffing needs, and implementing placarding once the Division stabilizes. The Division agreed or partially agreed to our findings and recommendations. Please see our report for their complete response and the auditor’s response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: 7 speakers. M/S/C (Arreguin/Taplin) to approve the recommendation with a revision to schedule the report back for December 2024.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, July 30, 2024 MINUTES Page 11

19. ZAB Appeal: 2600 Tenth Street, Administrative Use Permit ZP2023-0031 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution either:

A. Upholding the appeal and reversing the Zoning Adjustment Board (ZAB) decision, thereby approving Administrative Use Permit #ZP2023-0031 to change the use of three tenant spaces (9,750 square feet) from Media Production to Research and Development resulting in a total of 29,303 square feet of Research and Development space and to create six to nine tenant spaces, in a seven-story building on a 114,998 square-foot lot;
-OR-
B. Denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision, thereby denying Administrative Use Permit #ZP2023-0031 to change the use of three tenant spaces (9,750 square feet) from Media Production to Research and Development resulting in a total of 29,303 square feet of Research and Development space and to create six to nine tenant spaces, in a seven-story building on a 114,998 square-foot lot.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Vice-Mayor opened the public hearing. 19 speakers.

Action: M/S/C (Hahn/Lunaparra) to suspend the rules and extend the meeting to 11:15 p.m.

Vote: Ayes – Kesarwani, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Taplin (Recused pursuant to Levine Act regulations), Arreguin (Recused pursuant to Levine Act regulations).

Action: M/S/C (Tregub/Humbert) to suspend the rules and extend the meeting to 11:30 p.m.

M/S/C (Kesarwani/Humbert) to close the public hearing.

Action: M/S/C (Kesarwani/Humbert) to adopt Resolution No. 71,483–N.S. upholding the appeal and reversing the Zoning Adjustment Board (ZAB) decision, thereby approving Administrative Use Permit #ZP2023-0031.

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Information Reports
Tuesday, July 30, 2024 MINUTES Page 12

20. City Auditor Fiscal Year 2025 Audit Plan
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed, including materials in Supplemental Communications Packet #2 from City Auditor.

Adjournment
Action: M/S/C (Wengraf/Kesarwani) to suspend the rules and adjourn the meeting.

Vote: Ayes – Kesarwani, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Taplin, Arreguin.

Adjourned at 11:19 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 30, 2024.
__________________________
Mark Numainville, City Clerk
Communications
Item #18: Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets

1. David Lerman

2. Eric

3. Riti

4. Esther Brass-Chorin
City Senior Services to Councilmember Newsletters

5. Darlene Bronson on behalf of Margot Smith, Chair, Commission on Aging Golden Gate Fields

6. Carole Marasovic, Chair, Commission on the Status of Women UA Theater

7. Laura Linden

8. Lynn Sherrell

9. 29 Similarly worded form letters
Shipping Containers at 2556 Haste St.

10. 4 Similarly worded form letters

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Tuesday, July 30, 2024 MINUTES Page 13
Aurora Theater

11.Olga Paredes

12.Eliron Hamburger
Harrison St. Concerns

13.Craig Nagasawa
Vandalism

14. Negeene Mosaed
A Request for When Making Statements

15. Josh
Lorin Commercial District

16. Teresa Clarke
Cal Sailing Club

17. Debbie Perkins
Notice of Street Closure

18. Ted Burton
Rise Gallery Walk at BCC

19. Adriana Betti
Wage Concern

20. Eric Cavallari
UC Anti-Labor Actions

21. Rafael Jaime on behalf of 48,000 UAW academic workers of the University of California
Storm Water

22. Maxwell Davis on behalf of the Sierra Club
Visit Berkeley

23. Jeffrey Church
Towing Concern

24. Charles Race
Terra Outdoor Proposal

25. Chantal Pearson
Newsletter

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Tuesday, July 30, 2024 MINUTES Page 14

26. Vivian Warkentin
Middle East Conflict

27. Erwan Illian
URLs

28. Russbumper (9)

29. Erwan Illian (2)
Supplemental Communications and Reports 1
Item 19: ZAB Appeal: 2600 Tenth Street, Administrative Use Permit ZP2023-0031

30.Karen Davis
Urgent Item: Appointment of Director of Health, Housing and Community Services

31.Urgent Item submitted by Human Resources Department
Supplemental Communications and Reports 2
Item #3: Filling Human Welfare and Community Action Commission Public Sector Vacancies

32.Supplemental agenda material submitted by Health, Housing, and Community Services Department
Item #15: Referral to City Manager: Ashby BART Area Enhanced Infrastructure Finance District (EIFD) Analysis

33.Supplemental agenda material submitted by Mayor Jesse Arreguin Item #18: Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets

34.Supplemental agenda material submitted by City Auditor

35.City of Berkeley Business Owner and former resident
Item #19: ZAB Appeal: 2600 Tenth Street, Administrative Use Permit ZP2023-0031

36.Gael Alcock

37.Summer Brenner
Item #20: City Auditor Fiscal Year 2025 Audit Plan

38.Supplemental agenda material submitted by City Auditor Supplemental Communications and Reports 3
Item #19: ZAB Appeal: 2600 Tenth Street, Administrative Use Permit ZP2023-0031

30. Presentation submitted by Planning Department

31. Presentation submitted by Chris Barlow on behalf of Wareham Development

32. Debbie S.

33. Jeffrey Zerwekh

34. Leo Balestri

35. Susanna Porte

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Tuesday, July 30, 2024 MINUTES Page 15
Miscellaneous Communications

36. Eid
Urgent Item
Urgent Item: McGee Avenue Baptist Church: Funding for McGee Avenue Baptist Church in partnership with City of Berkeley Young Adult Project for National Night Out event on Tuesday, August 6, 2024 - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

37.Submitted by Councilmember Bartlett

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Monday, August 5, 2024 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
Monday, August 5, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - İSKELE, 48. SK. NO:12, 48900 DATÇA/MUĞLA, TURKEY

JESSE ARREGUIN, MAYOR
Councilmembers:

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1600382759. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 038 2759. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 11

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Monday, August 5, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:11 p.m.

Present: Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Wengraf
Councilmember Kesarwani present at 6:17 p.m.

Action Calendar
1a. Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 Ballot (Continued from July 30, 2024) (Item contains revised material)
From: Councilmember Lunaparra (Author)
Recommendation:

1. Adopt a Resolution submitting the Tenant Protection and Right to Organize Act to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: See action in Item 1b.

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Action Calendar
Monday, August 5, 2024 MINUTES Page 3
1b. Placing the Berkeley Tenant Protection and Right to Organize Act and Funding for Housing Retention on the November 5, 2024 Ballot
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation:

1. Adopt a Resolution submitting the Tenant Protection and Right to Organize Act as amended by Council and including a reservation of funding for Housing Retention to a vote of the people at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100, Sophie Hahn, Councilmember, District 5, (510) 981-7150
Recess 9:13 p.m. – 9:33 p.m.

Action: M/S/Carried (Humbert/Kesarwani) to amend the main motion to change the cap in Section 13.76.110.A. from 3% to 5%.

Vote: Ayes – Kesarwani, Tregub, Hahn, Humbert, Arreguin; Noes – Bartlett, Lunaparra; Abstain – None; Absent – Taplin, Wengraf.

Action: M/S/Failed (Humbert/Kesarwani) to amend the main motion to change the provisions for the 3-day notice to one month of the most recent lawful periodic rent in Section 13.76.130.A.1.

Vote: Ayes – Kesarwani, Hahn, Humbert; Noes – Bartlett, Tregub, Lunaparra; Abstain – Arreguin; Absent – Taplin, Wengraf.

Action: 95 speakers. M/S/Carried (Arreguin/Lunaparra) to:

1. Adopt Resolution No. 71,484–N.S. to approve Item 1b. adopting a resolution submitting the Tenant Protection and Right to Organize Act as amended by Council and including a reservation of funding for Housing Retention to a vote of the people at the November 5, 2024 General Municipal Election. Further amendments in the text of the measure accepted for Section 13.76.050.B.3 to add language originally proposed in Councilmember Lunaparra’s version, for Section 13.76.100.E. regarding Utilities, and for Section 13.76.110.A regarding the rent increase cap. Council directs the City Clerk and City Attorney to make non-substantive corrections to the text and the ballot question as needed.

2. Designated Mayor Arreguin, Councilmember Lunaparra, and Councilmember Tregub file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Vote: Ayes – Bartlett, Tregub, Hahn, Lunaparra, Arreguin; Noes – None; Abstain – Kesarwani, Humbert; Absent – Taplin, Wengraf.

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Monday, August 5, 2024 MINUTES Page 4
Adjournment
Action: M/S/C (Arreguin/Hahn) to adjourn the meeting.

Vote: Ayes – Kesarwani, Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Taplin, Wengraf.

Adjourned at 10:29 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on August 5, 2024.
__________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1a: Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 Ballot (Continued from July 30, 2024) (Item contains revised material) Item #1b: Placing the Berkeley Tenant Protection and Right to Organize Act and Funding for Housing Retention on the November 5, 2024 Ballot

1. Peter Fisher

2. Stephanie McCoy

3. Peg Bogle

4. Alfred Twu

5. Jeanne Clinton

6. Diana Bohn

7. Bryce Nesbitt

8. Karl Knobler

9. Katherine Wolf

10. Yuko Fukami

11. Adelaide Jenkins

12. Bernard Marszalek

13. Russ Greene

14. Cece Littlepage

15. Fran Haselsteiner

16. Lynn Sherrell (4)

17. Elizabeth Snowden and Charles P. Smith

18. Mykael Moss (2)

19. John Lopez

20. Sylvia

21. Charles Benton

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Monday, August 5, 2024 MINUTES Page 5

22. John J. Parman

23. Nicholas Lavrov

24. Molly Miller

25. Gail Martin

26. Ann Hoyer

27. Marguerite Talley

28. Paula Morgan

29. Gael Alcock

30. Ira Serkes

31. Fredda Cassidy

32. Kathleen Castillo

33. Gary E. Davis

34. Scott and Katie Hambly (2)

35. Deborah Machta

36. David Keith

37. Andrea Yankowski

38. Jo Ann Driscoll

39. Jean Sanchirico

40. Gale Garcia

41. Leanne Kurtz

42. Vincent Casalaina

43. Jennifer Johnston

44. Jim and Clarence

45. Laura Bixby

46. Scott Page

47. Roger Hallsten

48. Patrick Kehoe

49. Michael O’Heaney

50. Nancy Schimmel

51. 6 Similarly worded form letters

52. 65 Similarly worded form letters
Supplemental Communications and Reports 3
Item #1a: Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 Ballot (Continued from July 30, 2024) (Item contains revised material) Item #1b: Placing the Berkeley Tenant Protection and Right to Organize Act and Funding for Housing Retention on the November 5, 2024 Ballot

53.Phoebe Thomas Sorgen

54. Jeanne Schuman

55. Hope DeMarco (2)

56. Rinaldo Pelegrino

57. Dan Lieberman

58. Betsy Morris

59. Raul Delarosa

60. Max Smith

61. Celia Karian

62. Elizabeth Kowal

63. Julieta Pisani McCarthy

64. Juliana Whitten

65. Steve Tracy

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Monday, August 5, 2024 MINUTES Page 6

66. Anida Weyl

67. Alice Green

68. Dan McDunn (5)

69. Andrew Jeffries and Ellen McDonald

70. Virginia Browning

71. Jeannie Llewellyn

72. Brie Johnson Fulton

73. Kathy Snowden

74. Sam Smith

75. Geoff Lomax

76. Paula Aiello (2)

77. Joel Millar

78. Eugene Turitz

79. Chirag Patel

80. Deirdre Nurre

81. 19 Similarly worded form letters

82. Bryce Nesbitt
Miscellaneous Communications

83. Eid

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

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Contract: FileTrail, Inc. for Records Management Software System

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with FileTrail, Inc. for $178,653.47 for software licensing, maintenance, and related services for a records management software system, for a total contract amount not to exceed $178,653.47 and for the term from September 26, 2024 to September 26, 2029.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract will be available in the City Clerk’s Department Fiscal Year 2025 General Fund and have been allocated in budget code 011-32-313-000-0000-000- 411-613130. Allocations of funds for subsequent years will be subject to adoption of the Annual Appropriations Ordinance for that fiscal year.

CURRENT SITUATION AND ITS EFFECTS
The City has over 14,000 boxes of physical records in storage and the FileTrail, Inc. box tracking system is paramount to tracking this inventory of these boxes. The City must upgrade to Version 5 of FileTrail because the current Version 4 of FileTrail is no longer supported. In addition, Version 5 has new features that allow FileTrail to integrate directly with the software at the storage facility. This integration will save staff time and result in cost efficiencies and faster retrieval of records. The additional cost for Version 5 is essential in order to maintain citywide records. The FileTrail system allows users to view contents, request, and return offsite box inventory with ease for department needs and the fulfillment of public records requests. FileTrail is also used to assign the mandated retention period for city records in accordance with the Records Retention Schedule and provides for the orderly maintenance and disposition of city records.

The contract will add funds and extend the term of the contract with FileTrail, Inc. for an additional five years. This action is presented to Council as a new contract and not a contract amendment in order to convert the legacy FileTrail contract in FUND$ to a new contract in ERMA. This will result in contract management efficiencies by only tracking and managing the contract in one system (ERMA).

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Contract: FileTrail, Inc. for Records Management Software System CONSENT CALENDAR September 10, 2024

Page 2 ends

BACKGROUND
On November 26, 2013, the City issued a Request for Proposals (RFP) No. 14-10809-C for ECMS / AGENDA / RECORDS MANAGEMENT. The City received fifteen responses to the RFP and FileTrail Inc. was selected as the box tracking vendor after a comprehensive evaluation process. In July 2014, the City entered into contract No. 9691 with FileTrail, Inc. for box tracking at offsite storage. On July 9, 2019 Council authorized a contract amendment to increase the contract amount an additional $44,163 and extend the term to June 30, 2024. The FileTrail system has increased the efficiency of administering the Records Management Program in all City departments.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Continuing the contract with FileTrail Inc. has several opportunities associated with environmental sustainability. FileTrail is a web-based digital platform that requires no printed materials. All documents uploaded to the system are stored and can be viewed digitally.

RATIONALE FOR RECOMMENDATION
Records Management Software and its annual maintenance is required to ensure a continued successful Citywide Records Management Program.

ALTERNATIVE ACTIONS CONSIDERED
As FileTrail, Inc. is the current box tracking software, and has provided excellent service at a competitive price, other alternatives were not considered.

CONTACT PERSON
Mark Numainville, City Clerk, City Clerk Department, 981-6909 Attachment:
1: Resolution

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

CONTRACT: FILETRAIL, INC. FOR RECORDS MANAGEMENT SOFTWARE SYSTEM
WHEREAS, the City Clerk Department is responsible for the Citywide Records Management program and box tracking software system; and WHEREAS, in 2014, the City issued Request for Proposal No. 14-10809-C for a records management box tracking software system and a panel of staff selected FileTrail, Inc. based on their ability to meet the selection criteria, resulting in the execution of Contract No. 9691 with FileTrail, Inc.; and on July 9, 2019 Council authorized a contract amendment to increase the contract amount an additional $44,163 and extend the term to June 30, 2024.; and
WHEREAS, FileTrail Inc. continues to provide the City with a high level of customer service and competitive pricing; and
WHEREAS, funds totaling $178,653.47 for this contract have been allocated in the General Fund, budget code 011-32-313-000-0000-000-411-613130.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract with FileTrail, Inc. for software licensing, maintenance, and related services for a records management software system, for a total contract amount not to exceed $178,653.47 for the term from September 26, 2024 to September 26, 2029.

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

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted By: Mark Numainville, City Clerk
Subject: Voting Delegates – League of California Cities Annual Conference

RECOMMENDATION
Designate, by motion, a voting delegate and alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 18, 2024, in Long Beach.

FISCAL IMPACTS OF RECOMMENDATION
Conference fees of approximately $700 for the full conference or $350 for a one-day pass.

BACKGROUND
Cal Cities laws allow for any official of a member city, with the approval of the city council, to be designated the city’s voting delegate or alternate at the annual General Assembly meeting.

As designated in Resolution No. 71,392-N.S. Councilmember Taplin is the City’s representative for the League and Councilmember Humbert is the alternate.

This year’s conference is being held in Long Beach from Wednesday, October 16 through Friday, October 18, 2024. Each city is allowed to cast one vote on matters pertaining to Cal Cities policy. The voting delegate or alternate must be registered for the conference.

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

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments
1: Voting Delegate Information

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: Mayors, Cou
ncil Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Ex
po, Oct. 16-18, 2024
Long Beach Convention Center
Every year, the League of California Cities co
nvenes a member-driven General Assembly
at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oc
t. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the
General Assembly, your city must designate a voting
delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your ci
ty’s delegates through the online
submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-co nference
communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the
conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
Attachment 1

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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Ple
ase view Cal Cities’ even
t and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional

division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —
one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

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

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted By: Mark Numainville, City Clerk
Subject: City Council Rules of Procedure and Order Revisions

RECOMMENDATION
Adopt a Resolution revising the City Council Rules of Procedure and Order to clarify and reorganize existing language, make technical corrections related to account for hybrid meetings; incorporate temporary provisions from Appendix C into the main body of the document; add revisions recommended by the Open Government Commission and approved by Council; Add new language and update existing language related to the legislative process recommended by the Agenda & Rules Committee; and rescinding any preceding amendatory resolutions.

POLICY COMMITTEE RECOMMENDATION
On August 26, 2024, the Agenda and Rules Committee adopted the following action:

M/S/C (Hahn/Arreguin) to send the proposed amendments to the Rules of Procedure, as discussed and further amended on August 26, 2024, to the City Council with a positive recommendation. Vote: Ayes – Hahn, Arreguin; Noes – None; Abstain – Wengraf.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
This review and update of the Rules of Procedure was precipitated several factors, 1) the end of the state-declared emergency and the return to in-person meetings in the hybrid format; 2) approval of the Open Government Commission (OGC) recommendations by Council on May 7, 2024; and 3) the legislative redesign process that has been discussed for several years by the full Council and at the Agenda & Rules Committee. In addition, all defined terms have been capitalized for consistency.

During the review, other technical corrections and updates were identified that will keep the Rules of Procedure current and effective. The updates are shown in track changes with explanatory comments in Attachment 2. The primary categories of updates are noted below.

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City Council Rules of Procedure and Order Revisions CONSENT CALENDAR September 10, 2024

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 Add new amendments to the legislative process related to “Major Items” submitted by Councilmembers, the authority of the Agenda & Rules Committee with regards to items submitted by the Mayor and Council, and process improvements for policy committees.
 Incorporate the recommendations from the OGC that Council adopted on May 7, 2024 related to public comments, consideration of consent calendar items, and meeting/agenda management.
 Modify the noticing procedures for ad hoc committees to align with the rules in the Brown Act, and for consistency with City boards and commissions.  Update the legislative process rules to account for the new Charter Offices of City Attorney and Director of Police Accountability, and properly account for the role of the Auditor in the process.
 Update public comment procedures to account for speakers participating both remotely and in-person under the hybrid meeting model.
 Remove Appendix C, specific to all-remote pandemic meetings, and incorporate certain successful provisions into the main body regarding moving items to the Action Calendar, public comments, and Council debate procedures.

BACKGROUND
The City Council Rules of Procedure and Order governs the duties of the Council, the conduct of meetings, the agenda, procedural matters and facilities. The rules have been amended as necessary over time to improve the function of the legislative process and the conduct of City Council meetings.

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

RATIONALE FOR RECOMMENDATION
The changes to the Rules are intended to keep the document current and directly applicable to Council meeting format and procedure.

ALTERNATIVE ACTIONS CONSIDERED
The Council may adopt all, some, or none of the proposed amendments.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: City Council Rules of Procedure and Order
2: Track Changes Version - City Council Rules of Procedure and Order

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

RE-ADOPTING THE CITY COUNCIL RULES OF PROCEDURE
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Council Rules of Procedure and Order attached hereto as Exhibit A shall govern all proceedings of the City Council therein described, subject to the exception 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.

BE IT FURTHER RESOLVED that this update is to clarify and reorganize existing language, make technical corrections related to hybrid meetings; incorporate temporary provisions from Appendix C into the main body of the document; add certain new provisions approved by Council; and make changes related to improvements in the legislative process.

BE IT FURTHER RESOLVED that all preceding amendatory resolutions are hereby rescinded.

Exhibit A: City Council Rules of Procedure and Order

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6900 ● TDD: (510) 981-6903 ● Fax: (510) 981-6901 E-Mail: [email protected] Website: http://www.berkeleyca.gov Exhibit A
The Berkeley City Council
Rules of Procedure and Order
Adopted by Resolution No. ##,###–N.S.

Effective [Date]

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2City of Berkeley Council Rules of Procedure and Order
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 F. Unfinished Business ....................................................................................................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. Standards for Agenda Items......................................................................................10 D. Procedure for Bringing Matters Before City Council..................................................12 E. Packet Preparation and Posting ................................................................................18 F. Agenda Sequence and Order of Business ................................................................20 G. Closed Session Documents.......................................................................................20 H. Regulations Governing City Council Policy Committees ...........................................21 I. Agenda Items Authored by Former Mayors and Councilmembers............................25 IV. CONDUCT OF MEETING .........................................................................................26 A. Comments from the Public ........................................................................................26 B. Consent Calendar......................................................................................................29 C. Information Reports Called Up for Discussion...........................................................30 D. Written Communications............................................................................................30 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters ...30 F. Work Sessions...........................................................................................................31 G. Protocol......................................................................................................................31 V. PROCEDURAL MATTERS.......................................................................................32 A. Persons Authorized to Sit at Tables ..........................................................................32 B. Decorum ....................................................................................................................32 C. Enforcement of Decorum...........................................................................................32 D. Precedence of Motions..............................................................................................32 E. Robert’s Rules of Order.............................................................................................33 F. Rules of Debate.........................................................................................................33 G. Debate Limited...........................................................................................................34 H. Motion to Lay on Table ..............................................................................................34 I. Division of Question...................................................................................................34 J. Addressing the Council..............................................................................................34 K. Addressing the Council After Motion Made ...............................................................35 L. Use of Cellular Phones and Electronic Devices ........................................................35

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3City of Berkeley Council Rules of Procedure and Order
VI. FACILITIES ...............................................................................................................36 A. Meeting Location Capacity ........................................................................................36 B. Alternate Facilities for Council Meetings....................................................................36 C. Amplified Sound, Signs, Objects, and Symbolic Materials ........................................36 D. Fire Safety .................................................................................................................36 E. Overcrowding.............................................................................................................36 F. Format of Meetings....................................................................................................37 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES.......................38 APPENDIX B. GUIDELINES FOR CITY COUNCILMEMBER/MAYOR MAJOR ITEMS ...........41

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I. DUTIES
4City of Berkeley Council Rules of Procedure and Order
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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I. DUTIES
5City of Berkeley Council Rules of Procedure and Order
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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II. MEETINGS
6City of Berkeley Council Rules of Procedure and Order
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 Agenda 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 Order of Business described in Chapter III.F. Presentations and workshops may be included as part of the Action Calendar. The Chair will determine the order in which the item(s) on Action will be heard.

Three or more members of the City Council must agree to pull an item from the Consent or Information Calendar for it to move to Action. Absent at least three members concurring, the item will stay on the Consent or Information Calendar.

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 prior to the vote on the Consent Calendar. However, if three or more Councilmembers object to a Consent item by expressing their intent to abstain or vote no, the item shall be moved from Consent to Action.

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

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.

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II. MEETINGS
7City of Berkeley Council Rules of Procedure and Order
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.

The Council will endeavor to inform meeting attendees of the approximate time for high interest items. In addition, the Council will make best efforts to determine if items should be carried over to future meetings earlier in the meeting rather than later.

E. Adjournment
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.

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

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II. MEETINGS
8City of Berkeley Council Rules of Procedure and Order
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.

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.

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.

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III. AGENDA
9City of Berkeley Council Rules of Procedure and Order
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.E.2.

Exceptions to this rule are limited to circumstances listed in Section III.E.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, a Charter Officer, the Auditor, or any
board/commission/committee created by the City Council or City Charter, 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 a Charter Officer 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 by the Primary Author (1) at the Agenda Committee meeting where the item is placed on a Council Agenda; or (2) after the item has been placed on a Council Agenda, through the Supplemental process, or (3) at the Council meeting where the item appears on the Agenda.

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

3. “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.

4. “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.

5. "Agenda" means the compilation of the descriptive titles of Agenda Items submitted to the City Clerk, arranged in the sequence established in Section III.F hereof.

6. "Packet" means the Agenda plus all of its corresponding Agenda Items.

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III. AGENDA
10City of Berkeley Council Rules of Procedure and Order

7. "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 exists;
b) A crippling disaster, which severely impairs public health, safety or both exists.
c) Notice of the Council's proposed consideration of any such Emergency Matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.

8. “Continued Business” means Items carried over from a prior Agenda of a meeting occurring 11 or fewer days earlier.

9. "Old Business" means Items carried over from a prior Agenda of a meeting occurring more than 11 days earlier.

10.“Charter Officer” means the City Manager, City Attorney, and the Director of Police Accountability.

11.“Major Item” means an Agenda Item with moderate to significant administrative, operational, budgetary, resource, or programmatic impacts submitted by the Mayor or any Councilmember.

12.“Regular Item” means any Agenda Item not classified as a Major Item.

C. Standards for Agenda Items

1. Agenda Items, other than Major Items submitted by the Mayor or any Councilmember, shall contain all relevant documentation, including the information listed below:
i. A descriptive title that adequately informs the public of the subject matter and general nature of the item or report;
ii. Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information;
iii. Recommendation of the report’s author that describes the action to be taken on the item, if applicable;
iv. Fiscal impacts of the recommendation;
v. A description of the current situation and its effects; vi. Background information as needed;
vii. Rationale for recommendation;

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III. AGENDA
11City of Berkeley Council Rules of Procedure and Order viii. Alternative actions considered;
ix. 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); x. Person or persons to contact for further information, with telephone number;
xi. Additional information and analysis as may be required. xii. Environmental sustainability and climate impacts.

It is recommended that Regular Item reports also include, to the extend relevant, the points of analysis in Major Council Item Standards in Section C.2.

2. Major Items submitted by the Mayor or any Councilmember shall contain all relevant documentation, including the information listed below and more fully described in Appendix B, Guidelines for City Councilmember/Mayor Major Items:
i. Title
A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested. ii. 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.
iii. Recommendation
A clear, succinct statement of actions to be taken. More lengthy/detailed actions can be detailed within the item and incorporated by reference. iv. Summary Statement/Current Situation and its effects A short resume of the circumstances that give rise to the need for the recommended actions.
v. Background
A full discussion of the history, circumstances and concerns to be addressed by the item.
vi. Review of Existing Plans, Programs, Policies and Laws Review, identification, and discussion of relevant/applicable City of Berkeley, State, and other relevant Plans, Programs, Policies and Laws, and how the proposed actions conform with, compliment, are supported by, differ from, or run contrary to them.

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III. AGENDA
12City of Berkeley Council Rules of Procedure and Order vii. Actions/Alternatives Considered
A listing of solutions/measures that other jurisdictions, advocates, experts, or organizations have studied or adopted to address the same or similar subject matter, the range of actions considered, and the reasons why those solutions/measures are proposed to be adopted, modified, or rejected. viii. Consultation/Outreach Overview and Results
Review/listing of external and internal City of Berkeley stakeholders that were consulted and reports, articles, books, websites and other materials that were consulted and discussion of approaches that were accepted, modified, or rejected. ix. Rationale for Recommendation
A clear and concise statement as to whether the item proposes actions that (a) conform to, clarify or extend, (b) make major or minor changes/amendments, (c) create an exception, or (d) reverse/go contrary to existing City of Berkeley Plans, Programs, Policies and Laws, or (e) create largely or entirely new Plans, Programs, Policies or Laws.
x. Implementation, Administration and Enforcement
A discussion of how the recommended action would be implemented, administered and enforced by the City of Berkeley.
xi. Environmental Sustainability and Climate Impacts
A discussion of the impacts of recommended actions, if any, on the environment and the recommendation’s relationship to the City’s Climate Action, Resilience, and other sustainability goals.
xii. Fiscal Impacts
A review of the recommended action’s potential to generate funds or savings for the City in the short and long-term, as well as expected or potential direct and indirect costs.
xiii. Outcomes and Evaluation
A statement of the specific outcomes expected and what reporting and/or evaluation is recommended to ensure the outcomes are being achieved. xiv. Contact Information
xv. Attachments/Supporting Materials
D. 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 Auditor, Charter Officers, or any board/commission/committee created by the City Council, ballot measure, or the City Charter. All items are subject to review, referral, and scheduling by the Agenda & Rules Committee pursuant to the rules

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III. AGENDA
13City of Berkeley Council Rules of Procedure and Order 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 reports from the Mayor and Councilmembers, the Auditor, and Commission 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) Regular Items Authored by the Mayor or a Councilmember.

As to Regular Items authored by the Mayor or a Councilmember, 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 requested amendments, adherence to required form, or for additional analysis, as required in Section III.C.1 (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 regular Council Agendas.
b) Major Items.

The Agenda & Rules Committee retains the authority to designate which Agenda Items are classified as Major Items. With regards to Major Items, the Agenda & Rules Committee shall review the item and may take the following actions:
i. Return the item to the Author if the committee determines that the item is not substantially compliant with Chapter III.C.2 and the guidelines in Appendix B.
ii. Refer the item to a policy committee and send a notice to the Budget & Finance Committee if the item contains a budget referral. iii. Schedule the item for the Council Agenda under consideration. iv. Schedule the item for one of the susequent three Council Agendas or a special meeting.
v. Refer the item to a commission with the consent of the Primary Author.

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III. AGENDA
14City of Berkeley Council Rules of Procedure and Order c) For referrals of Regular Items under Chapter III.D.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) withdraw 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.D.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 being resubmitted 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.
d) Items Authored by Charter Officers and the Auditor.

The Agenda & Rules Committee shall review agenda descriptions of items authored by Charter Officers and the Auditor. The Committee can recommend that the matter be referred to a commission, to a Policy Committee, or back to the Charter Officer or the Auditor for adherence to required form, additional analysis as required in Section III.C.1, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions.

If the Charter Officer or the Auditor determines that their item should proceed notwithstanding the Agenda & Rules Committee’s
recommendation, it will be placed on the Agenda as directed by the Charter Officer or the Auditor. All Charter Officer and Auditor 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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III. AGENDA
15City of Berkeley Council Rules of Procedure and Order e) Items Authored by Boards and Commissions.

Agenda 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 item 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 City Manager 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 e.i. above.
f) 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 F.

2. Removal of Agenda Items from the Legislative Process A Primary Author may withdraw their Agenda Item from the legislative process as follows:
1) during the time it is pending at a policy committee by sending written notification to the City Clerk or verbally at the meeting; 2) verbally at the Agenda & Rules Committee meeting when the item appears on a draft Council Agenda; or 3) verbally at the City Council meeting when the item appears on the Council Agenda or in writing through the supplemental process.

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III. AGENDA
16City of Berkeley Council Rules of Procedure and Order

3. 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.

4. Submission of Agenda Items.
a) Charter Officer 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. b) Council and Auditor Items. The deadline for reports submitted by the Auditor, Mayor and Councilmembers is 5:00 p.m. on Monday, 22 days before each regular Council meeting.
c) Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the Author and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by a Charter Officer, the 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) Timelines. 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 11 or fewer 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.

5. Submission of Supplemental and Revised Agenda Material.

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

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III. AGENDA
17City of Berkeley Council Rules of Procedure and Order 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 public review or City Councilmember evaluation.
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 public 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 40 copies of the supplemental/revised material to the City Clerk for distribution at the meeting and submitting the material electronically to the City Clerk. 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 public 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.

6. 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

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III. AGENDA
18City of Berkeley Council Rules of Procedure and Order 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.

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.

7. 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.

E. 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.D.5. and Section III.E.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 prior to the meeting on the official bulletin

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III. AGENDA
19City of Berkeley Council Rules of Procedure and Order 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.

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.7.
 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.

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III. AGENDA
20City of Berkeley Council Rules of Procedure and Order F. 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, Land Acknowledgement Statement, Comments from the City Manager, Comments from the City Auditor [if requested], Non-Agenda Public Comment, Public Comment by Employee Unions) a) The Land Acknowledgement Statement and Public Comment from Employee Unions are regularly agendized only for the first regular meeting of each month.

2. Consent Calendar

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

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.

G. 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.

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III. AGENDA
21City of Berkeley Council Rules of Procedure and Order

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.

H. Regulations Governing City Council Policy Committees

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

Exempt Items
Regular Items under this category submitted by the Mayor or Councilmembers 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 Exempt Items are listed below.
a. Position Letters and Resolutions on Legislation and Electoral Issues relating to Outside Agencies/Jurisdictions
b. Donations from the Mayor and Councilmember District Office Budgets c. Referrals to the Budget Process that are not related to a Major Item d. Proclamations
e. Sponsorship of Events
f. Information Reports
g. Presentations from Outside Agencies and Organizations h. Ceremonial Items
i. Committee and Regional Body Appointments
The Agenda & Rules Committee has discretion to determine if an item submitted by the Mayor or a Councilmember is classified as an Exempt Item or if the item is subject to Policy Committee review
Major Items
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 take action on an item as prescribed in Chapter III.D. 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, except that an item meeting the definition of a Major Item that also includes a budget referral may be referred to both the Budget & Finance Committee

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III. AGENDA
22City of Berkeley Council Rules of Procedure and Order in the form of a notice that a budget referral is under consideration at another Committee, and one other Policy Committee for subject matter review.

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 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.

Time Critical items that would otherwise be assigned to a Policy Committee, 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.

Time Critical items 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 Policy 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. 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

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III. AGENDA
23City of Berkeley Council Rules of Procedure and Order 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 Policy 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.C.1 and III.C.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.

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

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III. AGENDA
24City of Berkeley Council Rules of Procedure and Order 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 and the City Clerk 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 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. The Agenda & Rules Committee may agendize the item on the Consent Calendar or Action 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.

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III. AGENDA
25City of Berkeley Council Rules of Procedure and Order

5. Number and Make-up of Policy 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.

I. Agenda Items Authored by Former Mayors and Councilmembers Upon the date that the elected official leaves office, all Agenda Items in the legislative process for which the former official is the Primary Author shall be placed on the next available draft Council Agenda to be reviewed by the Agenda & Rules Committee.

The Agenda & Rules Committee shall then place the items on the Council Agenda under consideration or the next Council Agenda.

At the Council meeting where the items appear on the Agenda, the Mayor or any Councilmember may assume primary authorship of any item authored by the former official. The Council may then, by motion and vote, take any legislative action permitted under the Rules of Procedure.

If any of the items from the former official are not assumed by the Mayor or Councilmember, the Council may then, by motion and vote, take any legislative action permitted under the Rules of Procedure, except that the item may not be referred to a policy committee.

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IV. CONDUCT OF MEETING
26City of Berkeley Council Rules of Procedure and Order 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, a 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 (if invoked by the Presiding Officer).
 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, 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.

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.

If ten or fewer persons are interested in speaking on an individual agenda 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.

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IV. CONDUCT OF MEETING
27City of Berkeley Council Rules of Procedure and Order This procedure also applies to public hearings except those types of public hearings specifically provided for in this chapter.

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.

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.

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 Non-Agenda Matters.

Immediately following Ceremonial Matters and the City Manager Comments and prior to reserved public comment by employee unions, up to ten persons will be selected to address matters not on the Council Agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council Agenda, each person selected will be allotted one minute each.

In-person attendees 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 the moment that the Presiding Officer calls for public comment on non-agenda items.

Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

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. The Presiding Officer will generally request that persons wishing to speak, line up at the podium to be recognized or raise their hand on the videoconference application to determine the number of persons interested in speaking at that time. Each speaker will be

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IV. CONDUCT OF MEETING
28City of Berkeley Council Rules of Procedure and Order entitled to speak for two minutes each unless the Presiding Officer determines that one-minute is appropriate.

If the meeting is automatically adjourned at 11:00 p.m., or the expiration of any extension after 11:00 p.m., the meeting shall be automatically extended for up to fifteen minutes to hear public comment on non-agenda items.

2. 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 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.

3. 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 as the item is taken up.

At the discretion of the Presiding Officer, with the consent of the Council, there may be a public comment period for one or several of the Action Calendar items at the beginning of the Action Calendar. Speaking time during this comment period is subject to the standard rules for public comments in Chapter IV.A. Speakers may speak to multiple items, but may only speak once during this period. This provision is not applicable to public hearings, appeals, and/or quasi-judicial matters. Attendees that speak on an action item at the scheduled public comment period may not speak again when the action item is taken up by the Council.

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 raise their hand on the videoconference application to determine the number of persons interested in speaking on that item.

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IV. CONDUCT OF MEETING
29City of Berkeley Council Rules of Procedure and Order

4. 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.

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

Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment. In the case of an appeal of a proposed lien (nuisance abatement/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.

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 Charter Officers deem to be of such nature that no debate, prolonged discussion, 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.

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IV. CONDUCT OF MEETING
30City of Berkeley Council Rules of Procedure and Order 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 the 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.

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.D.5.

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, and prior to opening the public hearing, 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 first the appellant and then the 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

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IV. CONDUCT OF MEETING
31City of Berkeley Council Rules of Procedure and Order 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 or raise their hand on the videoconference platform, 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 or raise their hand on the videoconference 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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V. PROCEDURAL MATTERS
32City of Berkeley Council Rules of Procedure and Order 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.

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V. PROCEDURAL MATTERS
33City of Berkeley Council Rules of Procedure and Order 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.

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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V. PROCEDURAL MATTERS
34City of Berkeley Council Rules of Procedure and Order G. Debate Limited
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 five minutes each to make initial comments on an Agenda 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.

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 submitting their written communications at the meeting, or prior to the meeting pursuant to the deadlines in Chapter III.D.5.

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.

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V. PROCEDURAL MATTERS
35City of Berkeley Council Rules of Procedure and Order 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 of cell phones during Closed Session Meetings is explicitly prohibited for the Mayor and Councilmembers.

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VI. FACILITIES
36City of Berkeley Council Rules of Procedure and Order 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. Amplified Sound, Signs, Objects, and Symbolic Materials Amplified sound devices such as bullhorns, megaphones, portable sound systems, and similar devices are prohibited within the meeting location during Council meetings.

Objects and symbolic materials such as signs and banners are permitted in the meeting location provided that they do not interfere with the cameras that broadcast the meeting, obstruct the view of other attendees, or create a fire or safety hazard.

Any type of stick, pole, or similar object is prohibited in 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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VI. FACILITIES
37City of Berkeley Council Rules of Procedure and Order F. Format of Meetings
The City Council may conduct regular meetings or special meetings held at the School District Boardroom in the hybrid format with both in-person and virtual participation as provided for in the Brown Act, and as noticed on the meeting Agenda.

Council meetings at other locations may be conducted in the hybrid format if technologically feasible.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 38City of Berkeley Council Rules of Procedure and Order 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, Recreation & Waterfront Commission – Parks, recreation centers, camps, plazas, public open spaces, and public facilities within the area of the City known as the Waterfront, as described in BMC 3.36.060.B.

Transportation and Infrastructure Commission – Public buildings (other than recreation centers), streets and bridges or other structures in the public thoroughfare.

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.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 39City of Berkeley Council Rules of Procedure and Order 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:

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.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 40City of Berkeley Council Rules of Procedure and Order 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.

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 41City of Berkeley Council Rules of Procedure and Order APPENDIX B. GUIDELINES FOR CITY COUNCILMEMBER/MAYOR

MAJOR ITEMS
Requirements for City Councilmember/Mayor Major Items are provided in Chapter III.C.2 of the City Council Rules of Procedure and Order. These guidelines further explain the requirements and are intended to assist in the preparation of fully researched and documented items that are likely to be eligible to move forward in the legislative process as determined by the Agenda & Rules Committee. ___________________________________________________

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

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,

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 42City of Berkeley Council Rules of Procedure and Order 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
● 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

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 43City of Berkeley Council Rules of Procedure and Order

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, City 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, 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?

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APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 44City of Berkeley Council Rules of Procedure and Order

11.Environmental Sustainability and Climate Impacts
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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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 Attachment 2
The Berkeley City Council
Rules of Procedure and Order
Adopted by Resolution No. 71,174##,###–N.S.

Effective January 22, 2024[Date]

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2City of Berkeley Council Rules of Procedure and Order
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 ................................................................................................................. 109 A. Declaration of Policy................................................................................................ 109 B. Definitions................................................................................................................ 109 C. Procedure for Bringing Matters Before City Council.............................................. 1211 D. Packet Preparation and Posting ............................................................................ 2016 E. Agenda Sequence and Order of Business ............................................................ 2117 F. Closed Session Documents................................................................................... 2218 G. Regulations Governing City Council Policy Committees ....................................... 2319 IV. CONDUCT OF MEETING ..................................................................................... 2924 A. Comments from the Public .................................................................................... 2924 B. Consent Calendar.................................................................................................. 3427 C. Information Reports Called Up for Discussion....................................................... 3427 D. Written Communications........................................................................................ 3428 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters3528 F. Work Sessions....................................................................................................... 3629 G. Protocol.................................................................................................................. 3629 V. PROCEDURAL MATTERS................................................................................... 3730 A. Persons Authorized to Sit at Tables ...................................................................... 3730 B. Decorum ................................................................................................................ 3730 C. Enforcement of Decorum....................................................................................... 3730 D. Precedence of Motions.......................................................................................... 3730 E. Robert’s Rules of Order......................................................................................... 3831 F. Rules of Debate..................................................................................................... 3831 G. Debate Limited....................................................................................................... 3932 H. Motion to Lay on Table .......................................................................................... 3932 I. Division of Question............................................................................................... 4032 J. Addressing the Council.......................................................................................... 4032 K. Addressing the Council After Motion Made ........................................................... 4033 L. Use of Cellular Phones and Electronic Devices .................................................... 4033

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D. Fire Safety ............................................................................................................. 4134 E. Overcrowding......................................................................................................... 4134 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES...................4335 APPENDIX B. GUIDELINES FOR DEVELOPING & WRITING COUNCIL AGENDA ITEMS4638 APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE COVID-19 EMERGENCY.......................5143

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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.

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D. Council Meeting Conduct of Business
The agendaAgenda for the regular business meetings shall include the Order of Business described in Chapter III.F.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) on Action will be heard. with the consent of Council.

Three (3) or more members of the City Council must agree to pull an item from the Consent or Information Calendar for it to move to Action. Absent at least three members concurring, the item will stay on the Consent or Information Calendar. and, wWith 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 prior to the vote on the Consent Calendar. However, if three or more Councilmembers object to a Consent item by expressing their intent to abstain or vote no, the item shall be moved from Consent to Action.

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

Commented [NML1]: Eliminates redundancy within the
document. Chapter III.F. is more detailed.

Commented [NML2]: Per Council action on 5/7/24.

Commented [NML3]: Process moved here from Appendix
C
Commented [NML4]: Per Council action on 5/7/24.

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II. MEETINGS
7City of Berkeley Council Rules of Procedure and Order
A public hearing that is not expected to be lengthy may be placed on the agendaAgenda 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 agendaAgenda 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.

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 agendaAgenda. The 60 day period is tolled during a Council recess.

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.

Commented [NML5]: Per Council action on 5/7/24.

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II. MEETINGS
8City of Berkeley Council Rules of Procedure and Order
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.

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 Commented [NML6]: Ad hoc committees are not legislative bodies under the Brown Act. These requirements have been repealed for commissions and need to be repealed for the Council for consistency.

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II. MEETINGS
9City of Berkeley Council Rules of Procedure and Order
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 may convene a closed session meeting pursuant to the conditions and regulations imposed by the Brown Act.

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III. AGENDA
10City of Berkeley Council Rules of Procedure and Order 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 agendaAgenda of the meeting and posted in accordance with Section III.ED.2.

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

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 agendaAgenda (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 Managera Charter Officer , the Auditor, or any board/commission/committee created by the City Council or City Charter, 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 Managera Charter Officer concerning any item to be acted upon by the Council shall be submitted as a report on the agendaAgenda 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 Aagenda Iitems 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: by the Primary Author (1) at the Agenda Committee meeting where the item is placed on a Council agendaAgenda; or (2) after the item has been placed on a Council agendaAgenda, through the Supplemental process, or (3) at the Council meeting where the item appears on the Agenda. for action.
 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;
Commented [NML7]: Per discussion at Agenda & Rules on
7/8/24; replaces text immediately below
Commented [NML8]: Moved to C. below

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III. AGENDA
11City of Berkeley Council Rules of Procedure and Order 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 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.

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

3. “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.

4. “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-sponsorCo-Sponsors of the Ccouncil agenda itemAgenda Item.

5. "Agenda" means the compilation of the descriptive titles of Aagenda Iitems submitted to the City Clerk, arranged in the sequence established in Section III.FE hereof.

6. "Packet" means the agendaAgenda plus all of its corresponding agenda itemAgenda Items.

7. "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:

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III. AGENDA
12City of Berkeley Council Rules of Procedure and Order a) A work stoppage or other activity which severely impairs public health, safety, or both exists;
b) A crippling disaster, which severely impairs public health, safety or both exists.
b)c) Notice of the Council's proposed consideration of any such emergency matterEmergency Matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.

8. “Continued Business” means Items carried over from a prior agendaAgenda of a meeting occurring less than 11 or fewer days earlier.

9. "Old Business" means Items carried over from a prior agendaAgenda of a meeting occurring more than 11 days earlier.

10.“Charter Officer” means the City Manager, City Attorney, and the Director of Police Accountability.

11.“Major Item” means an Agenda Item with moderate to significant administrative, operational, budgetary, resource, or programmatic impacts submitted by the Mayor or any Councilmember.

9.12. “Regular Item” means any Agenda Item not classified as a Major Item.

C. Standards for Agenda iItems

1. Agenda itemAgenda Items, other than Major Items submitted by the Mayor or any Councilmember, shall contain all relevant documentation, including the information listed below:
i. A descriptive title that adequately informs the public of the subject matter and general nature of the item or report;
ii. Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information;
iii. Recommendation of the report’s Primary Aauthor that describes the action to be taken on the item, if applicable;
iv. Fiscal impacts of the recommendation;
v. A description of the current situation and its effects; vi. Background information as needed;
vii. Rationale for recommendation;
viii. Alternative actions considered;
Commented [NML9]: Per discussion at Agenda & Rules on
7/8/24
Commented [NML10]: Moved here from above

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III. AGENDA
13City of Berkeley Council Rules of Procedure and Order ix. 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); x. Person or persons to contact for further information, with telephone number;
xi. Additional information and analysis as may be required. xii. Environmental sustainability and climate impacts.

It is recommended that Regular Item reports also include, to the extend relevant, the points of analysis in Major Council Item Standards atin Section C. (2).

2. Major Items submitted by the Mayor or any Councilmember shall contain all relevant documentation, including the information listed below and more fully described in Appendix B, Guidelines for City Councilmember/Mayor Major Items:
i. Title
A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested. ii. 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.
iii. Recommendation
A cClear, succinct statement of actions to be taken. More lengthy/detailed actions can be detailed within the item and incorporated by reference. iv. Summary Statement/Current Situation and its effects A short resume of the circumstances that give rise to the need for the recommended actions.
v. Background
A full discussion of the history, circumstances and concerns to be addressed by the item.
vi. Review of Existing Plans, Programs, Policies and Laws Review, identification, and discussion of relevant/applicable City of Berkeley, State, and other relevant Plans, Programs, Policies and Laws, and how the proposed actions conform with, compliment, are supported by, differ from, or run contrary to them.
vii. Actions/Alternatives Considered
A listing of solutions/measures that other jurisdictions, or advocates, experts, or organizations have studied or adopted to address the same or similar subject Commented [NML11]: Moved here from Appendix B

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III. AGENDA
14City of Berkeley Council Rules of Procedure and Order matter, the range of actions considered, and the reasons why those solutions/measures are proposed to be adopted, modified, or rejected. viii. Consultation/Outreach Overview and Results
Review/listing of external and internal City of Berkeley stakeholders that were consulted and reports, articles, books, websites and other materials that were consulted and discussion of approaches that were accepted, modified, or rejected. ix. Rationale for Recommendation
A clear and concise statement as to whether the item proposes actions that (a) conform to, clarify or extend, (b) make major or minor changes/amendments, (c) create an exception, or (d) reverse/go contrary to existing City of Berkeley Plans, Programs, Policies and Laws, or (e) create largely or entirely new Plans, Programs, Policies or Laws.
x. Implementation, Administration and Enforcement
A discussion of how the recommended action would be implemented, administered and enforced by the City of Berkeley.
xi. Environmental Sustainability and Climate Impacts
A discussion of the impacts of recommended actions, if any, on the environment and the recommendation’s relationship to the City’s Climate Action, Resilience, and other sustainability goals.
xii. Fiscal Impacts
A review of the recommended action’s potential to generate funds or savings for the City in the short and long-term, as well as expected or potential direct and indirect costs.
xiii. Outcomes and Evaluation
A statement of the specific outcomes expected and what reporting and/or evaluation is recommended to ensure the outcomes are being achieved. xiv. Contact Information
xv. Attachments/Supporting Materials
D. Procedure for Bringing Matters Before City Council

1. Persons Who Can Place Matters on the Agenda.

Matters may be placed on the agendaAgenda by the Mayor or any Councilmember, the City Manager, the Auditor, Charter Officers, or any board/commission/committee created by the City Council, ballot measure, or the City Charter. 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.

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III. AGENDA
15City of Berkeley Council Rules of Procedure and Order The Agenda & Rules Committee shall meet 15 days prior to each City Council meeting and shall approve the agendaAgenda 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 packetPacket, including a draft agendaAgenda and reports from the Mayor and Councilmembers, the 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) Regular Items Authored by the Mayor, or a Councilmember, or the Auditor.

As to itemRegular Items authored by the Mayor, or 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 requested amendments, adherence to required form, or for additional analysis, as required in Section III.CB.12 (Primary Author may decline and request Policy Committee assignment).
iv. Refer the item to a Policy Committee.

Commented [NML12]: Auditor moved to paragraph (c)
below with the consent of the Auditor

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III. AGENDA
16City of Berkeley Council Rules of Procedure and Order v. Schedule the item for the agendaAgenda under consideration or one of the next three fullregular Council agendaAgendas.
b) Major Items Authored by the Mayor, a Councilmember, or the Auditor.

The Agenda & Rules Committee retains the authority to designate which Agenda Items are classified as Major Items. With regards to Major Items, the Agenda & Rules Committee shall review the item and may take the following actions:
vi.i. Return the item to the Author if the committee determines that the item is not substantially compliant with Chapter III.C.2 and the guidelines in Appendix B.
ii. Refer the item to a policy committee and send a notice to the Budget & Finance Committee if the item contains a budget referral. iii. Schedule the item for the Council Agenda under consideration. iv. Schedule the item for one of the susequent three Council Agendas or a special meeting.
v. Refer the item to a commission with the consent of the Primary Author.

Commented [NML13]: Per discussion at Agenda & Rules
on 7/8/24 to create a process for the new category of “Major Items”

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III. AGENDA
17City of Berkeley Council Rules of Procedure and Order c) For referrals of Regular Items under Chapter III.DC.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) withdrawpull 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 agendaAgenda under consideration; or
4) accept the referral of the Agenda & Rules Committee in sub paragraphs III.CD.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 agendaAgenda 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 agendaAgenda for consideration by the Agenda & Rules Committee.

Items held being resubmitted for a future meeting to allow for modifications will be placed on the next available Council meeting agendaAgenda at the time that the revised version is submitted to the City Clerk. c)d) Items Authored by the City ManagerCharter Officers and the Auditor.

The Agenda & Rules Committee shall review agenda descriptions of items authored by the City ManagerCharter Officers and the Auditor. The Committee can recommend that the matter be referred to a commission, to a Policy Committee, or back to the City ManagerCharter Officer or the Auditor for adherence to required form, additional analysis as required in Section III.C.1B.2, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions.

If the City ManagerCharter Officer or the Auditor determines that their item matter should proceed notwithstanding the Agenda & Rules Committee’s recommendationaction, it will be placed on the agendaAgenda as directed by the ManagerCharter Officer or the Auditor. All Charter Officer and Auditor City Manageritems placed on the Council agendaAgenda against the recommendation of the Agenda & Rules Committee will automatically be placed on the Action Calendar.

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III. AGENDA
18City of Berkeley Council Rules of Procedure and Order d)e) Items Authored by Boards and Commissions.

Agenda ItemsCouncil 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 itemreport 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 agendaAgendas 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 City Manager companion report, the Agenda & Rules Committee may schedule the item on a Council agendaAgenda. 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 ec.i. above.
f) 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 FE.

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

Commented [NML14]: Per discussion at Agenda & Rules
on 7/8/24

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III. AGENDA
19City of Berkeley Council Rules of Procedure and Order 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.

3.4. Submission of Agenda Items.
a) City ManagerCharter Officer Items. Except for Continued Business and Old Business, as a condition to placing an item on the agendaAgenda, agenda itemAgenda Items from departments, including agenda itemAgenda Items from commissions, shall be furnished to the City Clerk at a time established by the City Manager.
b) Council and Auditor Items. The deadline for reports submitted by the Auditor, Mayor and City Councilmembers is 5:00 p.m. on Monday, 22 days before each regular Council meeting.
c) Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the Authorsponsor 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 Managera Charter Officer, the Auditor, Mayor or Councilmember is received by the City Clerk after established deadlines and is not included on the Agenda & Rules Committee’s published agendaAgenda.

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) Timelines. The City Clerk may not accept any agenda itemAgenda 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 or fewer 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.

4.5. 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 itemAgenda 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:

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Berkeley City CouncilSeptember 10, 2024

Berkeley City Council
September 10, 2024