Berkeley City Council
September 24, 2024

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

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

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

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

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:

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

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

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.

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

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”

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.

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. 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.

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

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

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:

III. AGENDA
20City of Berkeley Council Rules of Procedure and Order a) Supplemental and revised agenda material shall be submitted to the City Clerk no later than 5:00 p.m. seven calendar days prior to the City Council meeting at which it is to be considered. Supplemental and revised items that are received by the deadline shall be distributed to Council in a supplemental reports packet and posted to the City’s website no later than 5:00 p.m. five calendar days prior to the meeting. Copies of the supplemental packet shall also be made available in the office of the City Clerk and in the main branch of the Berkeley Public Library. Such material may be considered by the Council without the need for a determination that the good of the City clearly outweighs the lack of time for publiccitizen 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 publiccitizen 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 4240 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 publiccitizen 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 itemAgenda Item in order for the material to be considered.

5.6. 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 agendaAgenda 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 agendaAgenda by the City Commented [NML15]: For web posting so that virtual
attendees have access

III. AGENDA
21City of Berkeley Council Rules of Procedure and Order 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 agendaAgenda as a Late Urgency Item, at the City Council’s discretion according to Brown Act rules; 3) a prompt requiring the authorAuthor to list the facts which support consideration of the item for addition to the agendaAgenda 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 agendaAgenda 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 agendaAgenda 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 agendaAgenda and possibly again, at the Presiding Officer’s discretion, before the item is voted on.

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

6.7. 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 packetPacket, which shall include the agendaAgenda plus all its corresponding agenda itemAgenda Items. No item shall be considered if not included in the packetPacket, except as provided for in Section III.D.5.C.4 and Section III.DE.4.

2. Distribution and Posting of Agenda.

III. AGENDA
22City of Berkeley Council Rules of Procedure and Order a) The City Clerk shall post each agendaAgenda of the City Council regular meeting no later than 11 days prior to the meeting and shall post each agendaAgenda of a special meeting at least 24 hours prior toin advance of the meeting inon the official bulletin board. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agendaAgenda.
b) The City Clerk shall also post agendaAgendas and annotated agendaAgendas 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 agendaAgenda 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 itemAgenda 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 itemAgenda Item or revised agenda itemAgenda Item after the deadlines established. b) Matters not included on the published agendaAgenda 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.78.  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 agendaAgenda as required by law.
c) Matters listed on the printed agendaAgenda but for which supporting materials are not received by the City Council on the eleventh day prior to said meeting as part of the agendaAgenda packetPacket, shall not be discussed or acted upon.

III. AGENDA
23City of Berkeley Council Rules of Procedure and Order E.F. Agenda Sequence and Order of Business
The Council agendaAgenda 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.

1.2. Consent Calendar

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

3.4. Information Reports

4.5. Non-Agenda Public Comment

5.6. Adjournment

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

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

F.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 Commented [NML16]: Per discussionn at Agenda & Rules
on 7/8/24 – for clarity.

III. AGENDA
24City of Berkeley Council Rules of Procedure and Order meeting by the Mayor or Councilmembers. City staff will collect the binders at the end of each closed session meeting and return them to the City Attorney’s Office.

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

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

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

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

III. AGENDA
25City of Berkeley Council Rules of Procedure and Order G.H. Regulations Governing City Council Policy Committees

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

Full CouncilExempt Items Track
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 agendaAgenda of any scheduled regular meeting pursuant to established deadlines (same as existing deadlines). Types of Full Council TrackExempt Iitems are listed below. a. Items submitted by the City Manager and City Auditor b. Items submitted by Boards and Commissions
c. Position Letters and Resolutions on Legislation and Electoral Issues relating to Outside Agencies/Jurisdictions
d. Position Letters and/or Resolutions of Support/Opposition e.d. Donations from the Mayor and Councilmember District Office Budgets f.e.Referrals to the Budget Process that are not related to a Major Item g.f.Proclamations
h.g. Sponsorship of Events
i.h. Information Reports
j.i. Presentations from Outside Agencies and Organizations k.j. Ceremonial Items
l.k. Committee and Regional Body Appointments
The Agenda & Rules Committee has discretion to determine if an item submitted by the Mayor or a Councilmember falls under a Full Council is classified as an Exempt Item Track exception or if it will be processed as a Policy Committee or if the item is subject to Policy Committee review Track item.

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

The Agenda & Rules Committee must refer antake action on an item as prescribed in Chapter III.D. to a Policy Committee at the first meeting that the item appears before the Agenda & Rules Committee. The Agenda & Rules Committee may only assign the item to a single Policy Committee , 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 in the form of a notice that a budget referral is under Commented [NML17]: Changes in this section are primarly related to the new definitaiton of Major Items and Regular Items as well as the amended process for the Agenda & Rules Committee in Chapter III.D.Commented [NML18]: This is already covered in Chapter III.D.1.c.

Commented [NML19]: This is not covered in Chapter
III.D.1.d.

Commented [NML20]: No change in process, just
reworded with new terms

III. AGENDA
26City of Berkeley Council Rules of Procedure and Order consideration at another Committee, and one other Policy Committee for subject matter review.

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

Time Critical TrackItems
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 agendaAgenda.

The Agenda & Rules Committee retains final discretion to determine the time critical nature of an item.

Time Critical items submitted on the Full Council Track deadlines, that would otherwise be assigned to a the Policy Committee Track, may bypass Policy Committee review if determined to be time critical. If such an item is deemed not to be time critical, it may be referred to a Policy Committee.

Time Critical items on the Full Council Track or Policy Committee Track that are submitted at a meeting of the Agenda & Rules Committee may go directly on a Ccouncil agendaAgenda if determined to be time critical.

2. Council Referrals to Policy Committees
The full Council may refer any agenda itemAgenda 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 Commented [NML21]: These actions are now enshrined in
Chapter III.D.1.b.

III. AGENDA
27City of Berkeley Council Rules of Procedure and Order 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 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 agendaAgendas 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.

III. AGENDA
28City of Berkeley Council Rules of Procedure and Order h. Committees will review items for completeness in accordance with Section III.C.1 and III.C.2B.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 agendaAgenda packetPacket.

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 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 Ccity 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 Ccity 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.

III. AGENDA
29City of Berkeley Council Rules of Procedure and Order 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 agendaAgenda. The Agenda & Rules Committee may leave the item on the agendaAgenda under consideration or place it on the next Council agendaAgenda. Items appearing on a City Council agendaAgenda due to lack of action by a Policy Committee may not be referred to a Policy Committee and must remain on the full Council agendaAgenda for consideration.

Policy Committees may add discussion topics that are within their purview to their agendaAgenda 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 agendaAgenda. The Agenda & Rules Committee may leave the item on the agendaAgenda under consideration or place it on the following Council agendaAgenda. The Agenda & Rules Committee may agendize the item on the Consent Calendar or Action Calendar.Only items that receive a Positive Recommendation can be placed on the Consent Calendar.

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

5. Number and Make-up of 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
Commented [NML22]: Per discussion at Agenda & Rules
on 7/8/24 to allow for more discretion to place items returning from committee on Consent

III. AGENDA
30City of Berkeley Council Rules of Procedure and Order 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 any 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.

Commented [NML23]: New policy based on discussion at
Agenda & Rules on 7/8/24
Commented [NML24]: From discussion at Agenda & Rules
on 8/26/24

IV. CONDUCT OF MEETING
31City 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 Aaction 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 Actionagenda Iitem, each speaker may speak for two minutes. If there are more than ten persons interested in speaking on an item, the Presiding Officer may limit the public comment for all speakers on the item to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.

Commented [NML25]: Moved here as these rules are
intended to cover all types of public comments
Commented [NML26]: Stated above, no need to repeat.

IV. CONDUCT OF MEETING
32City 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.section, below.

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 by lottery to address matters not on the Council Aagenda. If five or fewer persons submit speaker cards for the lotteryare identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons submit speaker cards for the lottery, up to ten persons will beare selected to address matters not on the Council agendaAgenda, and each person selected will be allotted one minute each.

In-person attendeesPersons wishing to address the Council on matters not on the Council agendaAgenda 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.commencement of that meeting. 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 agendaAgenda. Speaker cards are not required for this second round of public comment on non-agenda matters.

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

For the second round of public comment on non-agenda matters, the Presiding Officer retains the authority to limit the number of speakers. by subject. The Presiding Officer will generally request that persons wishing to speak, line up at Commented [NML27]: From Appendix C
Commented [NML28]: From Appendix C
Commented [NML29]: This section moved here to mirror
the order of business on the agenda
Commented [NML30]: Revised to account for hybrid
meetings.

Commented [NML31]: Per discussion at Agenda & Rules
on 7/8/24 to facilitate public participation
Commented [NML32]: Per discussion at Agenda & Rules
on 7/8/24 – not current or even recent practice

IV. CONDUCT OF MEETING
33City of Berkeley Council Rules of Procedure and Order 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 entitled to speak for two minutes each unless the Presiding Officer determines that one-minute is appropriate. given the number of speakers.

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

Commented [NML33]: Per discussion at Agenda & Rules
on 7/8/24
Commented [NML34]: Language is simplified and removed
repition from other sections.

IV. CONDUCT OF MEETING
34City of Berkeley Council Rules of Procedure and Order

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 Cconsent and iInformation 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 the public may comment on each remaining item listed on the agenda for action. Public comment will occur for each Action item— excluding public hearings, appeals, and/or quasi-judicial matters. 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.—in separate but consecutive public comment periods before the Action Calendar is discussed by Council and staff and as the item is taken up. The Presiding Officer will open and close the public comment period for each Action Item, and each period will occur based on the order of the items on the agenda, or based on the discretion of the Presiding Officer.

During the public comment period for each Action Item, the Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and raise their hand on the videoconference application to determine the number of persons interested in speaking onat that item.time.

If ten or fewer persons are interested in speaking on an individual Action Item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking on an item, the Presiding Officer may limit the public comment for all speakers on the item to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.

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

Commented [NML35]: Per discussion at Agenda & Rules
Committee this is a re-working of the previous language adopted by Council in 2023.

IV. CONDUCT OF MEETING
35City 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 agendaAgenda.

5. Public Comment on Non-Agenda Matters.

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

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

Commented [NML36]: Clarification based on BMC
language
Commented [NML37]: Moved above

IV. CONDUCT OF MEETING
36City of Berkeley Council Rules of Procedure and Order Persons submitting speaker cards are not required to list their actual name, however they must list some identifying information or alternate name in order to be called to speak.

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

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

6. 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 agendaAgenda.

However, the Council may refer a matter to the City Manager.

B. Consent Calendar
There shall be a Consent Calendar on all regular meeting agendaAgendas on which shall be included those matters which the Mayor, Councilmembers, boards, commissions, City Auditor, and Charter OfficersCity Manager 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 cConsent cCalendar items can be minimized.

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

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

Commented [NML38]: Moved to Chapter II.D.

IV. CONDUCT OF MEETING
37City of Berkeley Council Rules of Procedure and Order D. Written Communications
Written communications from the public will not appear on the Council agendaAgenda as individual matters for discussion but will be distributed as part of the Council agendaAgenda packetPacket 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 agendaAgenda.

In instances where an individual forwards more than three pages of email messages not related to actionable items on the Council agendaAgenda to the Council to be reproduced in the "Communications" section of the Council packetPacket, 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 cConsent or aAction item for placement on a future agendaAgenda.

Communications related to an item on the agendaAgenda that are received after 5:00 p.m. fifteen days before the meeting are published as provided for in Chapter III.DC.54.

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 supporting the action of the board or commission on appeal shall have five minutes to comment. In the case of a Commented [NML39]: Codifies long-standing practice

IV. CONDUCT OF MEETING
38City of Berkeley Council Rules of Procedure and Order 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,and to determine the number of persons interested in speaking at that time.

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

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

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.

V. PROCEDURAL MATTERS
39City 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 Ppresiding Oofficer 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.

V. PROCEDURAL MATTERS
40City 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.

V. PROCEDURAL MATTERS
41City 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 fivetwo minutes each to make initial comments on an agenda itemAgenda Item., except for the author of an agenda item who will have five minutes to initially present the item.

After every Councilmember has spoken or declined and after public comment, Councilmembers will each have another five minutes per person to address an item.

Debate may be extended beyond a second round of Council comments by a majority vote (5 votes).

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

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

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

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

H. Motion to Lay on Table
A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may Commented [NML40]: Per Council direction on 5/7/24
Commented [NML41]: Per discussion at Agenda & Rules
on 7/8/24 – eliminates redundancy in this paragraph.

Commented [NML42]: This obsolete “20-minute rule”
language is replaced with the language immediately above from Appendix C

V. PROCEDURAL MATTERS
42City of Berkeley Council Rules of Procedure and Order 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.C.4.

2. Public Hearings.

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

3. Public Comment.

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

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

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

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

VI. FACILITIES
43City of Berkeley Council Rules of Procedure and Order VI.FACILITIES
A. Meeting Location Capacity
Attendance at Ccouncil 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.

VI. FACILITIES
44City 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.

Commented [NML43]: Per Council direction on 5/7/24

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 45City 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, and Recreation & Waterfront Commission – Parks, recreation centers, camps, plazas, and 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 Public Works Commission – Public buildings (other than recreation centers), streets and bridges or other structures in the public thoroughfare.

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

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

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

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

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

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

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

Section 3 – Criteria for Naming of Public Facilities
When considering the naming of a new public facility or an unnamed portion or feature within an already named public facility (such as a room within the facility or a feature within an Commented [NML44]: Moved above due to commission
consolidation

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 46City of Berkeley Council Rules of Procedure and Order 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.

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

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 47City of Berkeley Council Rules of Procedure and Order 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.

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 48City of Berkeley Council Rules of Procedure and Order APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING CITY

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

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

2. Agenda items shall contain all relevant documentation, including the following as Applicable:
a. A descriptive title that adequately informs the public of the subject matter and general nature of the item or report and action requested; b. Whether the matter is to be presented on the Consent Calendar or the Action Calendar or as a Report for Information;
c. Recommendation of the City Manager, if applicable (these provisions shall not apply to Mayor and Council items.);
d. Fiscal impacts of the recommendation;
e. A description of the current situation and its effects; f. Background information as needed;
g. Rationale for recommendation;
h. Alternative actions considered;
i. For awards of contracts; the abstract of bids and the Affirmative Action Program of the low bidder in those cases where such is required (these provisions shall not apply to Mayor and Council items.); j. Person or persons to contact for further information, with telephone number.

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

Commented [NML45]: Eliminated here – redundant with
text in the body of the ROP

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 49City of Berkeley Council Rules of Procedure and Order Guidelines for City Council Items: Requirements for City Councilmember/Mayor Major Items are provided in Section [XXX]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 deemed complete by the Agenda and& Rules Committee. in [process].

1. Title

2. Consent/Action/Information Calendar

3. Recommendation

4. Summary Statement/Current situation and its effects

5. Background

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

7. Actions/Alternatives Considered

8. Consultation/Outreach Overview and Results

9. Rationale for Recommendation

10.Implementation, Administration and Enforcement

11.Environmental Sustainability

12.Fiscal Impacts

13.Outcomes and Evaluation

14.Contact Information

15.Attachments/Supporting Materials
___________________________________________________

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

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

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

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

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 50City of Berkeley Council Rules of Procedure and Order ● 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, 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

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 51City of Berkeley Council Rules of Procedure and Order ● 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

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 dDeputy 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

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 52City of Berkeley Council Rules of Procedure and Order ● 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?

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

APPENDIX C
53City of Berkeley Council Rules of Procedure and Order APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY

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

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

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

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

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

Public Comment Speaking Time
With the exception of prescribed times in the Rules of Procedure for public hearings and public comment by employee unions, the amount of time for each speaker during public comment is limited to two minutes maximum and that speakers can only address an agenda item once, however the Presiding Officer has the discretion to reduce speaker time if needed in order to allow the orderly conduct of the meeting, subject to the consent of a majority of the City Council. Speakers may yield their time for a maximum of four minutes per individual. If a speaker wishes to yield their time, they must indicate so when called on by the Presiding Officer and state who they are yielding their speaker time to. The Presiding Officer will keep a list with the names and amount of time yielded to individuals.

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

Public Comment on Non-Agenda Matters will be conducted in the order of hands raised on the Zoom platform, and will be limited to either the first 10 speakers during the initial round of Non-Agenda public comment, as well as all hands raised during the closing round of Non-Agenda public comment at the conclusion to the meeting, until such time that the Commented [NML46]: Relevant portions have been moved
to the body of the document.

Commented [NML47]: Relevant portions have been moved
to the body for the Rules of Procedure.

Commented [NML48]: This paragraph is only applicable to virtual-only meetings, which are currently not permitted under the Brown Act.

APPENDIX C
54City of Berkeley Council Rules of Procedure and Order meeting adjourns. If there are five or fewer speakers with hands raised for Public Comment on Non-Agenda Matters, each speaker will have two minutes to address the City Council. If there are more than five speakers with their hands raised then speaker time will be limited to one minute per person. The procedure for selection of Non-Agenda speakers prescribed in the Rules of Procedure by random draw is suspended for videoconference meetings where there is no physical meeting location.

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

INFORMATION CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2000 Kala Bagai Way, LMSAP2024-0002

INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on September 10, 2024

BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.

To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by September 24, 2024 Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

LPO NOD/#LMSAP2024-0002, 2000 Kala Bagai Way INFORMATION CALENDAR September 24, 2024

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation and discretionary alteration reviews by LPC and staff provide opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development, 510-981-7410 Desiree Dougherty, Assistant Planner, Planning and Development, 510-981-7431 Attachments:
1: Notice of Decision – 2000 Kala Bagai Way, LMSAP2024-0002

Attachment 1, part 1

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: July 8, 2024
DATE NOTICE MAILED: September 9, 2024
APPEAL PERIOD EXPIRATION: September 24, 2024
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): September 25, 20241 2000 Kala Bagai Way – The Shattuck Square
Building
Structural Alteration Permit #LMSA2024-0002 to install two new illuminated wall signs and to replace seven awnings on the exterior of a designated City Landmark building.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:
 Structural Alterations Permit:
 Applicant: Jin Lee, Lee’s Signs, Inc.
845 E. 10th St.

Oakland, CA 94606
 Property Owner: Mike Maffia
411 Borel Ave, Suite 650
San Mateo, CA 94402
1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Permit becomes effective the day after the certification deadline has passed.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0002
2000 Kala Bagai Way
September 9, 2024

ZONING DISTRICT: Downtown Mixed-Use Core District (C-DMU Core) ENVIRONMENTAL REVIEW STATUS: Categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) Review for Exemptions. .

The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx

FINDINGS AND CONDITIONS OF APPROVAL AND APPLICATION MATERIALS ARE

ATTACHED TO THIS NOTICE
COMMISSION VOTE: 7-0-0-1
YES: CRANDALL, ENCHILL, FINACOM, MONTGOMERY, ORBUCH, SCHWARTZ, TWU
NO: NONE
ABSTAIN: NONE
ABSENT: LEUSCHNER
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.

2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $1,500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0002
2000 Kala Bagai Way
September 9, 2024

collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $6,000.

3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

If no appeal is received, the landmark permit will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:

A. That this belief is a basis of your appeal.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0002
2000 Kala Bagai Way
September 9, 2024

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.

Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Desiree Dougherty, at (510) 981-7431 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3 rd Fl., during regular business hours.

ATTACHMENTS:

1. Findings for Approval

2. Application Materials
ATTEST:

Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Applicant: Jin Lee, Lee’s Signs, Inc., 845 E. 10th St., Oakland, CA 94606
Property Owner: Mike Maffia, 411 Borel Ave, Suite 650, San Mateo, CA 94402

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0002
2000 Kala Bagai Way
September 9, 2024

A t t a c h m e n t 1, part 2
Findings and Condition s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

FINDINGS REQUIRED UNDER CEQA

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.

FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards (SOI) for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:

1. The proposed project does not require a change of use. The property will retain its historic commercial use.

2. The project will retain the historic character and architectural design of the property and will not remove any di
stinctive materials or alter the features that characterize the property.

3. The new signage and awnings will not resemble or replicate designs fr om the property’s
historic period and will not result in a false sense of historical development.

4. Changes to the property that may have acquired significance in their own right are not affected by this project.

5. Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize this prop
erty, such as the detailing of the upper windows
and trim banding, will be substantially retained and preserved with this project.

6. As conditioned herein, if deter
iorated historic features will be affected by this request, then they would be repaired or replaced to match the materials, design, and finishes of the original items

7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require any chemical or physical treatments to be undertaken using the gentlest means possible.

8. The project does not have the potential to affect any archaeological resources because the applicant proposes no exc
avation.

2000 KALA BAGAI WAY Findings and Conditions

9. The proposed upgrades are designed with complimentary, high-quality materials in simplified, contemporary style employing colors and finishes that harmonize with the historic design elements of the building. Owing to these aspects, new work will be sufficiently differentiated from the historic design.

10. If the proposed improvements were removed in the future, they would not permanently impair the integrity or essential form of the subject building.

FINDINGS REQUIRED UNDER LANDMARKS PRESERVATION ORDINANCE

1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve the characteristics and features specified in the designation for this property. Specifically:

A. The proposed project will not adversely affect the architectural design of this City Landmark, the Shattuck Square Building. The signs and awning are mounted in locations that fit within the architectural features of the building.

B. The proposed project will not affect the special character of the subject property , which lies in the cast concrete detailing around the second story windows and in the commercial storefronts . The alteratio ns will continue to support the historic commercial context of the building and will be installed in such a way that would not affect the integrity of the historic structure if removed in the future.

2000 KALA BAGAI WAY Findings and Conditions

STANDARD CONDITIONS

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

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8- 1/2” by 11” sheets are not acceptable.

2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.

3. S ubject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.

4. Exercise and Lapse of Permits
A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.

5. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn,

2000 KALA BAGAI WAY Findings and Conditions

set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

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

7. Archaeological Resources
(Ongoing throughout demolition, grading, and/or construction)

Pursuant to CEQA Guidelines S ection 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.

Therefore:

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

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

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

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

2000 KALA BAGAI WAY Findings and Conditions

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

8. Human Remains (Ongoing throughout demolition, grading, and/or construction)

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

9. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction)

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

ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:

10. No changes can be made to these approved plans without pr ior approval.

11. CITY PERMITS. This Structural Alteration Permit (SAP) approval is contingent upon approval of the requisite Use Permit and Public Work Permit for the project scope.

12. PL
ANS COMPLIANCE. Construction and building permit plans shall substantially conform to the Structural Alteration Permit (SAP) project plans dated/received May 06, 2024.

13. RE
PAIR AND REPLACEMENT OF CHARACTER-DEFINING FEATURES.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible,

2000 KALA BAGAI WAY Findings and Conditions

materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

14. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

15. COLORS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.

16. DETAILS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit sign and awning details for review and approval by the Landmarks plan checker.

17. SIGNAGE. Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit complete signage details, including colors, materials, letter heights, dimensions, placement on building, and installation details. All materials will be matte unless otherwise noted. All non-temporary signage and awnings not previously approved and not listed in this application are prohibited.

18. LIGHTING. Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.

19. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.

20. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.

21. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.

22. The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified

2000 KALA BAGAI WAY Findings and Conditions

herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

PHOTO OF EXISTING CONDITION OF SIGN AWNINGS EXISTING AWNINGS HEIGHT, DEPTH & FRAME SIZE

EXISTING SIGN DEMENSIONS PROPOSED SIGN DEMENSIONS

SIGNAGE FOR “CHOLITA LINDA” PAGE 2 OF 2
Attachment 1, Part 3Page 15 of 16

PROPOSED VIEW KALA BAGAI WAY. ELEVATION UNIVERSITY AVE. ELEVATION EXISTING VIEW KALA BAGAI WAY. UNIVERSITY AVE.

PLAN VIEW

REMOVAL

EXISTING
SIGNS
JUN.24.2024
PAGE 1 OF 2Page 16 of 16

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

INFORMATION CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2227 Parker Street, #LMIN2024-0001

INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.160, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has designated the subject property as a Structure of Merit. This action is subject to a 15-day appeal period that began on September 10, 2024.

BACKGROUND
BMC/LPO Section 3.24.190 allows the Council to review any action of the Commission in granting or denying Landmark, Structure of Merit, or Historic District status. For Council to review the decision on its merits, Council must appeal the Notice of Decision.

To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by September 24, 2024. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

LPO NOD/#LMIN2024-0001, 2227 Parker Street INFORMATION CALENDAR September 24, 2024

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development Department, 510-981- 7413
Allison Riemer, AICP, Associate Planner, Planning and Development, 510-981-7433 Attachments:
1: Notice of Decision – 2227 Parker Street, #LMIN2024-0001

Attachment 1, Part 1

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: July 8, 2024
DATE NOTICE MAILED: September 9, 2024
APPEAL PERIOD EXPIRATION: September 24, 2024
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): September 25, 20241 2227 Parker Street – Frank A. Davis House
Landmark application #LMIN2024-0001 for City Landmark or Structure of Merit designation status for a house and workshop built circa 1877 (APN:
055-1829-007-00)
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:
 Structure of Merit designation
Applicant: Petition of 91 Berkeley Residents
Wanda Mulcahy, Application Author
2222 Parker Street
Berkeley, CA 94704
Property Owner: Sylvia Sussman Trust c/o Julie Menack
5111 Telegraph Avenue #102
Oakland, CA 94609
ZONING DISTRICT: Restricted Multiple-Family Residential District (R-2A) 1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Permit becomes effective the day after the certification deadline has passed.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2024-0001
2227 Parker Street
September 9, 2024

ENVIRONMENTAL REVIEW STATUS: Categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) Review for Exemptions.

The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx

FINDINGS AND CONDITIONS OF APPROVAL AND APPLICATION MATERIALS ARE

ATTACHED TO THIS NOTICE
COMMISSION VOTE: 7-0-0-1
YES: CRANDALL, ENCHILL, FINACOM, MONTGOMERY, ORBUCH, SCHWARTZ, TWU
NO: NONE
ABSTAIN: NONE
ABSENT: LEUSCHNER
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.

2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $1,500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2024-0001
2227 Parker Street
September 9, 2024

individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $6,000.

3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

If no appeal is received, the landmark permit will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2024-0001
2227 Parker Street
September 9, 2024

forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.

Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Allison Riemer, at (510) 981-7433 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3 rd Fl., during regular business hours.

ATTACHMENTS:

1. Findings for Approval

2. Application Materials
ATTEST:

Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Application Author: Wanda Mulcahy, 2222 Parker St., Berkeley, CA 94704 Property Owner: Sylvia Sussman Trust, c/o Julie Menack, 5111 Telegraph Avenue #102, Oakland, CA 94609

Interested Parties: Will Toft via [email protected]; Michael Stephens via

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2024-0001
2227 Parker Street
September 9, 2024

[email protected]

Attachment 1, Part 2
F i n d i n g s
JULY 8, 2024

2227 Parker Street – Frank A. Davis House
Landmark application #LMIN2024-0001 for the consideration of City Landmark or Structure of Merit designation status for a house and workshop built circa 1877 (APN: 055-1829-007-00)

PROJECT DESCRIPTION
Structure of Merit designation of the property at 2227 Parker Street, Frank A. Davis House.

CEQA FINDINGS

1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).

LANDMARK PRESERVATION ORIDNANCE FINDINGS

2. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.B.2(d) of the Landmarks Preservation Ordinance, the Commission finds that the subject property meets the designation criteria for Structure of Merit (SOM) status because it has historical significance to the City and/or to its neighborhood, block, street frontage, or group of buildings. The property exhibits evident cultural, historical and educational value from its period of significance, which began in the 1870s and lasted until the end of World War II; the property and the two extant buildings date to the earliest period of the City’s history and feature the intact, historical site plan of its farmstead origin and retain a similar mix of uses, including residential and work space.

FEATURES TO BE PRESERVED

1. This Structure of Merit designation shall apply to the subject property and the following features of the site shall be preserved:
 Site plan: location and arrangement of structures and planted areas with permeable surfaces
 Two extant buildings
 Underground well, excluding well cap

Attachment 1, Part 3

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

INFORMATION CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 8 Greenwood Common, #LMSAP2024-0001

INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period that began on September 10, 2024.

BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.

To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by September 24, 2024. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

LPO NOD/#LMSAP2024-0001, 8 Greenwood Common INFORMATION CALENDAR September 24, 2024

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development Department, 510-981- 7413
Allison Riemer, AICP, Associate Planner, Planning and Development, 510-981-7433 Attachments:
1: Notice of Decision – 8 Greenwood Common, #LMSAP2024-0001

Attachment 1, Part 1

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: June 6, 2024
DATE NOTICE MAILED: September 9, 2024
APPEAL PERIOD EXPIRATION: September 24, 2024
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): September 25, 20241 8 Greenwood Common
Structural Alteration Permit (#LMSAP2024-0001) to change a window to a door and convert a fixed window to an operable style on the main building; add skylights to the main building and carport; replace wood posts and beams within the carport with steel features; and complete landscape improvements, including installing new fencing and a deck, at a City Landmark property.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:
 Structural Alteration Permit
APPLICANT: Kerstin Fischer
Fischer Architecture
2984 San Pablo Avenue
Berkeley, CA 94702
ZONING DISTRICT: Single Family Residential District, Hillside Overlay (R-1H) 1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Permit becomes effective the day after the certification deadline has passed.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0001
8 Greenwood Common
September 9, 2024

ENVIRONMENTAL REVIEW STATUS: Categorically exempt under the California Environmental Quality Act Guidelines, Section 15331 of the CEQA Guidelines for Historical Resource Rehabilitation.
.

The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx

FINDINGS FOR FINAL ACTION AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE
COMMISSION VOTE: 6-0-0-3
YES: ENCHILL, FINACOM, LINVILL, ORBUCH, SCHWARTZ, TWU
NO: NONE
ABSTAIN: NONE
ABSENT: CRANDALL, LEUSCHNER, MONTGOMERY
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.

2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $1,500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0001
8 Greenwood Common
September 9, 2024

individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $6,000.

3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

If no appeal is received, the landmark permit will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2024-0001
8 Greenwood Common
September 9, 2024

forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.

Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Allison Riemer, at (510) 981-7433 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., during regular business hours.

ATTACHMENTS:

1. Findings and Conditions

2. Project Plans, received MAY 28, 2024
ATTEST:

Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Applicant: Kerstin Fischer, Fischer Architecture, 2984 San Pablo Avenue, Berkeley, CA 94702
Property Owner: Rory and Cindy Reid, 8 Greenwood Common, Berkeley, CA 94708

A t t a c h m e n t 1, part 2
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 8 Greenwood Common
Structural Alteration Permit (#LMSAP2024-0001) to change a window to a door and convert a fixed window to an operable style on the main building; add skylights to the main building and carport; replace wood posts and beams within the carport with steel features; and complete landscape improvements, including installing new fencing and a deck, at a City Landmark property.

FINDINGS REQUIRED UNDER CEQA

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.

FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards (SOI) for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:

1. The proposed project does not involve a change of use. The property will retain its historic single-family residential use.

2. The historic character of the property will be preserved and retained. No spaces or spatial relationships will be altered as part of this project. The project will introduce skylights that are modest in size at only 24 sq. ft. in total area, change one window opening to a door and make an existing fixed window operable. These changes will not alter the architectural character or building forms at this historic property.

3. No changes that are part of the project will create a false sense of history and no conjectural features or elements are proposed. The new doors will match the style and finishes of the existing doors, and will retain the pattern of existing openings. The new skylights and new carport posts and beams are contemporary in design.

4. This property does not feature changes that have acquired significance in their own right, and, therefore, it cannot affect such features.

8 GREENWOOD COMMON Findings and Conditions

5. The project will re-use the original overlap fencing, and the new door on the east building elevation will use the existing window opening. At the south building elevation, the new door will be placed in an existing window opening and will require minimal removal of existing siding material. The distinctive materials that characterize the property would be preserved.

6. If deteriorated historic features will be affected by this project, then they will be repaired or replaced to match the materials, design, and finishes of the original items.

7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval will require any chemical or physical treatments to be undertaken using the gentlest means possible.

8. The project does not have the potential to affect any archaeological resources because the project does not require any excavation.

9. The project involves alterations to the historic house and the non-historic carport. The new skylights will be visible since the building is one-story, but they will not alter the historic character since they are small in size and differentiated from existing windows. The new door on the south elevation will require the removal of historic siding, but will not alter the historic character because it will match the existing doors on the east elevation. Since the door will match it will not cause the elevation to compete with other facades, which is in line with guidance from the National Parks Service. On the east elevation, the change from a window to a door will be subtle since the door will go in the existing opening. The changes to the windows are compatible with the historic scale and proportion, and align with the existing pattern of openings. The roof of the carport will remain, although it will be altered by the addition of a skylight, and the changes to the carport structure will not be readily visible from the Common. Since the roof of the carport is not historic, historic materials will not be destroyed, and the addition of the skylight will not destroy the spatial relationship between the house and carport. Overall, the proposed alterations will have a limited impact on historic materials, the new work will be differentiated from the old, and on some elevations the new work will match the existing in order to maintain existing relationships between openings. The historic integrity of the property will be protected.

10.If the proposed alterations are removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired.

8 GREENWOOD COMMON Findings and Conditions

FINDINGS REQUIRED UNDER LANDMARKS PRESERVATION ORDINANCE

1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve the characteristics and features specified in the designation for this property. Specifically:

A. The character-defining exterior features of this Second Bay Tradition residential property include its overall building massing, low-pitched roof, horizontal wood siding, use of natural materials, and understated detailing. Some siding will be removed at the south elevation, but it will be replaced with a door that matches the existing doors on the east elevation. Some of the roof will be removed to add skylights, but the massing and pitch will not change. Overall, the character-defining features will be retained under the proposed project.

B. The special character and historic value of this City Landmark property lies in its relationship to the other properties in the Common, where they form a collective representation of Second Bay Tradition architectural and landscape design. The proposed alterations are not likely to be visible from the public right-of-way along Greenwood Terrace or from within the Common due to the size and location of the changes. The door change at the east elevation will be obscured by a fence, the door at the south elevation is away from the Common, and the carport changes will be largely obscured from the Common by the carport roof and wood fencing. Therefore, the proposed project will not adversely affect the special character and historical value of Greenwood Common.

8 GREENWOOD COMMON Findings and Conditions

STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.

3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.

4. Exercise and Lapse of Permits
A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.

5. Indemnification Agreement
The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”)

8 GREENWOOD COMMON Findings and Conditions

arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents. The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City. (City Attorney).

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

7. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction) Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.

Therefore:

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

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

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

8 GREENWOOD COMMON Findings and Conditions

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

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

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

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

ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:

10. CITY PERMITS . This Structural Alteration Permit (SAP) approval is contingent upon approval of the requisite Use Permit.

11. PLANS COMPLIANCE. Construction and building permit plans shall substantially conform to the Structural Alteration Permit (SAP) project plans received May 28, 2024.

12. REPAIR AND REPLACEMENT OF CHARACTER-DEFINING FEATURES.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature

8 GREENWOOD COMMON Findings and Conditions

shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

13. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

14. COLORS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.

15. CLEAR GLASS. All glass is assumed to be clear glass. Any proposed glass that is not clear glass, or includes signage, shall be indicated on all drawings, and shall be reviewed for approval by Landmarks staff.

16. DETAILS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit window, door, base, and trim details for review and approval by the Landmarks plan checker.

17. LIGHTING. Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.

18. LANDSCAPE PLANS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit a Landscape plan including the number, location, and species of all proposed plantings, and which existing plantings shall be removed. The applicant shall provide irrigation for all landscaped areas or provide drought tolerant plant palette. This shall be called out on Landscape building permit drawings.

19. LANDSCAPE IRRIGATION. The applicant shall provide irrigation for all landscaped areas. This shall be called out on Landscape building permit drawings. (Add alternative per R-district requirement)

20. CURB CUTS. All curbs and curb cuts shall be constructed per the standards and specifications of the Public Works Department. Curb cuts no longer utilized shall be restored per the Public Works Department specifications.

21. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.

22. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.

8 GREENWOOD COMMON Findings and Conditions

23. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.

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

S T R U C T U R A L A L T E R A T I O N S - P L A N C H E C K 1 R E S P O N S E 8 G R E E N W O O D C O M M O N
B E R K E L E Y, C A 9 4 7 0 8
A P R I L 1 7 , 2 0 2 4
Attachmet 1, Part 3

8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211

REID RESIDENCE
SHEET

DESCRIPTION
REV. DATE ISSUE DRWN.

ROOF/SITE PLAN AND PROJECT INFO
A0.1
NOTE:

See Landscape Drawings for existing
landscape, hardscape, fences, and gates,
and for proposed alterations to these areas
(n) skylight
(n) skylight
(n) skylight
(e) chimney
(e) chimney
Main
Dwelling
Studio
Carport
(e) utility pole
(n) steps and landing
PL
PL
PL
PL 4'-0"setback
20'-0"
setback
4'-0"setback
20'-0"
setback
G r e e n w o o d Te rr a c e
G r e e n w o o d C o m m o n
flat roof
flat roof
4'-7"
6'-5"
5"
2'-0"
6'-8"
5'-11"
23'-6"
11'-0"
12'-9"
8'-6"
73'
75'

53.55'

71.41'
R=128.02

86.4'
9 Greenwood
Common
15'-4"

P R O J E C T D E S C R I P T I O N S Y M B O L S /

A B B R E V I A T I O N SG E N E R A L N O T E S
adj adjustable
af.f. above finished floor
blkg blocking
CL center line
clng ceiling
clr clear
dim dimension
DN down
dtl detail
dwg drawing(s)
ea each
el elevation (height)
elect electrical
elevs elevation (drawings)
eq equal
(e) existing
ext exterior
f.b.o. furnished by owner
f.f. finished floor
fluor fluroescent

1. EXAMINATION OF THE SITE AND PORTIONS THEREOF WHICH WILL AFFECT THIS WORK

SHALL BE MADE IMMEDIATELY BY THE CONTRACTOR, WHO SHALL COMPARE IT WITH THE

DRAWINGS AND SATISFY HIMSELF TO CONDITIONS UNDER WHICH WORK IS TO BE PERFORMED. HE SHALL AT SUCH TIME ASCERTAIN AND CHECK LOCATIONS OF THE EXISTING STRUCTURES AND EQUIPMENT WHICH MAY AFFECT HIS WORK. NO ALLOWANCE SHALL BE

MADE FOR ANY EXTRA EXPENSE TO WHICH HE MAY BE DUE BECAUSE OF FAILURE OR NEGLECT ON HIS PART TO MAKE SUCH EXAMINATIONS. ANY CONFLICTS OR OMISSIONS, ETC., SHALL BE REPORTED TO THE ARCHITECT BEFORE PROCEEDING WITH ANY WORK.

2. ANY ERRORS, OMISSIONS, OR CONFLICTS FOUND IN THE VARIOUS PARTS OF THE

CONSTRUCTION DOCUMENTS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND THE OWNER BEFORE PROCEEDING WITH THE WORK.

3. WHERE REFERENCED IN NOTES, ARCHITECT SHALL BE FISCHER ARCHITECTURE, OWNER SHALL BE CINDY AND RORY REID.

4. CONTRACTOR SHALL PROVIDE ARCHITECT AND OWNER WITH A COMPLETE COST

BREAKDOWN AND SCHEDULE OF CONSTRUCTION FOR THIS PROJECT PRIOR TO COMMENCEMENT OF WORK.

5. CONTRACTOR SHALL PROTECT NEW MATERIALS AND FINISHES FROM DAMAGE WHICH MAY OCCUR FROM CONSTRUCTION, DEMOLITION, DUST, WATER. ETC., AND SHALL PROVIDE AND MAINTAIN TEMPORARY BARRICADES, CLOSURE WALLS. ETC., AS REQUIRED TO PROTECT THE PUBLIC AS REQUIRED DURING THE PERIOD OF CONSTRUCTION. DAMAGE TO NEW MATERIALS, FINISHES, STRUCTURES, AND EQUIPMENT SHALL BE REPAIRED OR REPLACED. CONTRACTOR

SHALL COORDINATE TEMPORARY BARRICADES WITH ARCHITECT AND / OR OWNER PRIOR TO COMMENCEMENT OF WORK.

6. ALL CONSTRUCTION WORK, IS TO COMPLY WITH THE 2016 CALIFORNIA BUILDING,

RESIDENTIAL, MECHANICAL, ELECTRICAL, PLUMBING, ENERGY , HISTORICAL, EXISTING AND

GREEN BUILDING STANDARDS CODE AS AMENDED BY THE CITY OF BERKELEY , AND AS APPLICABLE. [CAC 1-201(a)] ALL WORK SHALL BE DONE IN A THOROUGH, WORKMANLIKE MANNER AND EQUAL TO THE BEST STANDARDS OF THE PRACTICE.

7. ALL WORK LISTED, SHOWN OR IMPLIED ON ANY CONSTRUCTION DOCUMENT SHALL BE SUPPLIED AND INSTALLED BY THE CONTRACTOR EXCEPT WHERE NOTED. THE CONTRACTOR

SHALL CLOSELY COORDINATE HIS WORK WITH THAT OF OTHER CONTRACTORS OR VENDORS TO

ASSURE THAT ALL SCHEDULES ARE MET AND THAT ALL WORK IS DONE IN CONFORMANCE TO MANUFACTURERS REQUIREMENTS. WORK REQUIRED UNDER THIS CONTRACT SHALL INCLUDE ALL LABOR, MATERIALS, EQUIPMENT, ETC., NECESSARY TO COMPLETE THIS PROJECT. ALL

MATERIALS SHALL BE NEW AND UNUSED, UNLESS SPECIFICALLY NOTED, AND BE OF A QUALITY ACCEPTABLE BY INDUSTRY STANDARDS.

8. THE USE OF THE WORD "PROVIDE" IN CONNECTION WITH ANY ITEM SPECIFIED IS

INTENDED TO MEAN THAT SUCH ITEM SHALL BE FURNISHED, INSTALLED, AND CONNECTED WHERE SO REQUIRED, EXCEPT AS NOTED.

9. THE CONTRACTOR SHALL MAINTAIN A CURRENT AND COMPLETE SET OF CONSTRUCTION

DOCUMENTS ON THE JOB SITE DURING ALL PHASES OF CONSTRUCTION FOR USE OF ALL

TRADES AND SHALL PROVIDE ALL SUBCONTRACTORS WITH CURRENT CONSTRUCTION DOCUMENTS AS REQUIRED. THE CONTRACTOR, IN ASSUMING RESPONSIBILITY FOR THE WORK INDICATED, SHALL COMPLY WITH THE LETTER IN WHICH THEY WERE DRAWN.

10. THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS OF ALL

SUBCONTRACTORS AND TRADES ON A REGULAR BASIS, AND SHALL EXERCISE STRICT

CONTROL OVER JOB CLEANING TO PREVENT ANY DIRT, DEBRIS OR DUST FROM AFFECTING IN ANY WAY , FINISHED AREAS IN OR OUTSIDE THE JOB SITE.

11. THE CONSTRUCTION DOCUMENTS ARE PROVIDED TO ILLUSTRATE THE DESIGN INTENT AND GENERAL TYPE OF CONSTRUCTION DESIRED.

12. DETAILS SHOWN ARE TYPICAL U.O.N. SIMILAR DETAILS APPLY IN SIMILAR CONDITIONS.

13. ALL ELECTRICAL, MECHANICAL, AND PLUMBING WORK AND MATERIALS SHALL BE IN FULL

ACCORDANCE WITH THE LATEST RULES AND REGULATIONS OF THE NATIONAL BOARD OF FIRE

UNDERWRITERS, THE STATE FIRE MARSHALL, THE SAFETY ORDERS OF THE DIVISION OF INDUSTRIAL SAFETY , AND ANY APPLICABLE STATE OR LOCAL LAWS AND ORDINANCE. NOTHING

ON THESE DRAWINGS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES. ANY QUESTIONS REGARDING INSTALLATIONS SHALL BE BROUGHT TO THE ARCHITECT FOR CLARIFICATION.

14. INSTALL BATT INSULATION BETWEEN STUDS AND JOISTS AT ALL EXTERIOR WALLS, CEILINGS, AND FLOORS WHERE EXPOSED.

15. ALL DIMENSIONS ON CONSTRUCTION DRAWINGS ARE TO FACE OF FINISH UNLESS NOTED AS BEING TO FACE OF FRAMING. DIMENSIONS ARE TO BOTTOM OF FINISHED CEILING OR TOP OF FINISHED FLOOR IN INTERIOR ELEVATIONS UNLESS OTHERWISE NOTED.

16. ALL DIMENSIONS TAKE PRECEDENCE OVER SCALE. ANY DISCREPANCIES SHALL BE BROUGHT IMMEDIATELY TO THE ATTENTION OF THE ARCHITECT. CONTRACTOR SHALL NOT SCALE DRAWINGS. QUESTIONS REGARDING DIMENSIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO ANY START OF WORK.

17. WINDOW AND DOOR SIZES ARE NOMINAL DIMENSIONS. REFER TO MANUFACTURER FOR ACTUAL ROUGH OPENING SIZES.

18. NOT USED.

19. NOT USED.

20. SEALANT, CAULKING, AND FLASHING, ETC., LOCATIONS SHOWN ON DRAWINGS ARE NOT INTENDED TO BE INCLUSIVE. FOLLOW MANUFACTURER’S INSTALLATION RECOMMENDATIONS AND STANDARD INDUSTRY AND BUILDING PRACTICES.

21. PROVIDE SOLID WOOD BACKING FOR ALL SURFACE MOUNTED ACCESSORIES.

22. ALL WORK SHALL BE GUARANTEED AGAINST DEFECTS IN DESIGN, INSTALLATION AND MATERIAL FOR A MINIMUM PERIOD OF ONE YEAR FROM DATE OF COMPLETION.

23. ALL MATERIALS FOR USE ON THE PROJECT SHALL BE STORED WITHIN THE PROJECT SITE.

24. CONTRACTOR SHALL PERSONALLY SUPERVISE AND DIRECT THE WORK OR SHALL KEEP A

COMPETENT EMPLOYEE, AUTHORIZED TO RECEIVE INSTRUCTIONS AND ACT ON THE CONTRACTOR’S BEHALF , CONTINUOUSLY ON SITE DURING WORKING HOURS.

25. ALL QUESTIONS REGARDING PROJECT EITHER DURING BIDDING PHASE OR DURING CONSTRUCTION SHALL BE DIRECTED TO THE ARCHITECT IN WRITING BY EMAIL or FAX:
[email protected]

26. DEMOLITION: THE CONTRACTOR SHALL ENTIRELY DEMOLISH AND REMOVE FROM SITE ANY STRUCTURE OR PORTION THEREOF , OR SITE FEATURE INDICATED TO BE REMOVED.

27. SALVAGE & RECYCLING: ALL ITEMS DEEMED SALVAGEABLE OR RECYCLABLE BY THE

OWNER WILL EITHER HAVE BEEN INDICATED ON THE DRAWINGS, REMOVED PRIOR TO THE

START OF DEMOLITION, OR WILL BE DIRECTED BY THE OWNER TO BE STORED BY THE CONTRACTOR AND SHALL REMAIN THE PROPERTY OF THE OWNER. ITEMS TO BE RELOCATED WILL HAVE BEEN INDICATED ON THE DRAWINGS. REFER TO CITY RECYCLING AND SALVAGING REQUIREMENTS ON FOLLOWING PAGES.

28. DESIGN BUILD: ALL ELECTRICAL, MECHANICAL, AND PLUMBING WORK SHALL BE DESIGN BUILD BASED ON THE INFORMATION PROVIDED IN THE CONSTRUCTION DOCUMENTS.

29. Contractor shall submit a list of paints, primers, sealants, caulking, and adhesives installed within the interior of the building. List to include material type (per CALGreen tables 4.504.1 and 4.504.3) manufacturer name, model name/number, VOC amount, and CALGreen VOC not to exceed limit per product. "

30. PROJECT CLOSEOUT:

A. CONTRACTOR SHALL REVIEW PROJECT WITH ARCHITECT AND/OR OWNER TO ENSURE THAT ALL REQUIREMENTS OF THE CONTRACT DOCUMENTS HAVE BEEN FOLLOWED.

B. CONTRACTOR SHALL OBTAIN ALL REQUIRED CERTIFICATES AND NOTICES.

C. ALL WORK PERFORMED SHALL BE CLEAN AND READY FOR USE.

D. UPON SUBSTANTIAL COMPLETION, THE ARCHITECT SHALL, AT THE CONTRACTOR’S WRITTEN REQUEST, COMPILE A PROJECT PUNCH LIST NOTING ANY CORRECTIONS OR OMISSIONS.

ARCHITECT'S ACCEPTANCE WILL BE CAUSE FOR FINAL PAYMENT, UNLESS SPECIFICALLY DETERMINED OTHERWISE BY OWNER.
ga gauge
galv galvanized
gyp. bd. gypsum board
hr hour
ht height
max maximum
mech mechanical
manuf manufacturer
min minimum
mtl metal
min minimum
mtl metal
NIC not in contract
NTS not to scale
(n) new
o.c. on center
opp opposite
o/ over
PL property line
ply plywood
ptd painted
r radius
req'd required
r.o. rough opening
s.s.d. see structural drawings
s.c.d. see civil drawings
s.l.d. see lanscape drawings
sim similar
st. stl. stainless steel
st. steel
std standard
(t) tempered glass
t.b.d. to be determined
thru through
t.o. top of
typ. typical
ver verify
v.i.f. verify in field
w.o. where occurs
u.o.n. unless otherwise noted
UP up

S H E E T I N D E X
Architectural Drawings
A0.0 Cover
A0.1 Roof/Site Plan and Project Info
L2 Proposed Alterations
A1.0 Existing/Demo Floor Plan
A1.1 Existing/Demo Elevations
A2.0 Proposed Floor Plan
A3.0 Proposed Elevations
subject property
N
OWNER
Cindy and Rory Reid
8 Greenwood Common
Berkeley, CA 94708

ARCHITECT
Fischer Architecture
2984 San Pablo Avenue
Berkeley, CA 94702
tel. 510.204.9250
Kerstin Fischer, Principal
Andrew Fischer, Principal

LANDSCAPE ARCHITECT
David John Bigham, ASLA
1542 La Loma Ave
Berkeley, CA 94708

STRUCTURAL ENGINEER
Berkeley Structural Design
1411 Glendale Avenue
Berkeley, CA 94708
tel. 510.981.1053
Bill Lynch, Principal

GENERAL CONTRACTOR
TBD

P R O J E C T T E A M

R O O F / S I T E P L A N
SCALE: 1/8" = 1'-0"

V I C I N I T Y M A P
N
000
Exterior Elevation / Section Cut
Detail Key
Room
000
00 Room Name / Number
Door Number
Window Number
Elevation Marker
Project Address: 8 Greenwood Common
Berkeley, CA 94708
APN: 058 224400211
Zoning District: R-1H
Construction Type: V-B
Occupancy Type: R-3
Parking Spaces: 1 covered
Number of Stories: 1 (residence); 1 (studio)
House:

Front Yard Setback: 20' required; 21'-0" existing
Side Yard Setback: 4' required; 4'-5" existing (north)/ 11'-1" existing (south)
Rear Yard Setback: 20' required; 8'-5" existing
Building Height: 13'-4" (35' max allowed)

P R O J E C T I N F O R M AT I O N
Studio/Carport:

Front Yard Setback: 6'-1" existing
Side Yard Setback: 0" existing (north)
Building Height: 8'-9" existing (12' max allowed)
Property:

Lot Area: 4800 sf
Gross Floor Area-existing: 1565 sf (residence); 251 sf (studio) = 1816 gsf total Gross Floor Area-proposed: 1565 sf (residence); 251 sf (studio) = 1816 gsf total [no change]
Applicable Codes: 2022 CBC, CRC, CEC, CPC, CMC, CFC
Fire Zone/WUI: 2/Yes
Sprinkler System: No
Fire Alarm System: No
Remodel of an existing single family residence. Scope includes interior renovations to create a third bedroom within the existing footprint, new kitchen, bathroom renovations, cosmetic upgrades. Exterior modifications include removing an existing double casement window and replacing it with a custom French door, removal of an exisiting fixed window and replacing it with a custom French door, and addition of one skylight.

Carport renovations include removing existing wooden post and beam structure, replacing with steel, new concrete slab, and addition of one skylight.

Landscape and hardscape modifications include rebuilt fencing, a new gate along the Common, a new deck outside of the studio, a new concrete terrace and walkway on the east side of the house, and new plantings.

9.30.2023 KF/AJSA - Initial Submittal
Landscape Drawings
L1 Existing Conditions
L3 Proposed Demolitions
L4 Planting Plan
L5 Irrigation & Lighting
L6 Construction Details Legend
L7 Fencing Details
L8 Wire Mesh Fence, Shed, Paving Details
L9 Studio Deck & Common Bench
L10 Planting Details & Notes

A D J A C E N T N E I G H B O R O U T R E A C H
1 Greenwood
Common
2 Greenwood
Common
3 Greenwood
Common
4 Greenwood
Common
7 Greenwood
Common
9 Greenwood
Common
10 Greenwood
Common
1459 Greenwood
Terrace
1471Greenwood
Terrace
1476Greenwood
Terrace
Address Renter/
Owner
Date Have no
objections
CommentsName
1 1

4.17.2024 KF/AJSA - Plan Check Response 11

8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211

REID RESIDENCE
SHEET

DESCRIPTION
REV. DATE ISSUE DRWN.

ROOF/SITE PLAN AND PROJECT INFO
A0.1
NOTE:

See Landscape Drawings for existing
landscape, hardscape, fences, and gates,
and for proposed alterations to these areas
(n) skylight
(n) skylight
(n) skylight
(e) chimney
(e) chimney
Main
Dwelling
Studio
Carport
(e) utility pole
(n) steps and landing
PL
PL
PL
PL 4'-0"setback
20'-0"
setback
4'-0"setback
20'-0"
setback
G r e e n w o o d Te rr a c e
G r e e n w o o d C o m m o n
flat roof
flat roof
4'-7"
6'-5"
5"
2'-0"
6'-8"
5'-11"
23'-6"
11'-0"
12'-9"
8'-6"
73'
75'

53.55'

71.41'
R=128.02

86.4'
9 Greenwood
Common
15'-4"

P R O J E C T D E S C R I P T I O N S Y M B O L S /

A B B R E V I A T I O N SG E N E R A L N O T E S
adj adjustable
af.f. above finished floor
blkg blocking
CL center line
clng ceiling
clr clear
dim dimension
DN down
dtl detail
dwg drawing(s)
ea each
el elevation (height)
elect electrical
elevs elevation (drawings)
eq equal
(e) existing
ext exterior
f.b.o. furnished by owner
f.f. finished floor
fluor fluroescent

1. EXAMINATION OF THE SITE AND PORTIONS THEREOF WHICH WILL AFFECT THIS WORK

SHALL BE MADE IMMEDIATELY BY THE CONTRACTOR, WHO SHALL COMPARE IT WITH THE

DRAWINGS AND SATISFY HIMSELF TO CONDITIONS UNDER WHICH WORK IS TO BE PERFORMED. HE SHALL AT SUCH TIME ASCERTAIN AND CHECK LOCATIONS OF THE EXISTING STRUCTURES AND EQUIPMENT WHICH MAY AFFECT HIS WORK. NO ALLOWANCE SHALL BE

MADE FOR ANY EXTRA EXPENSE TO WHICH HE MAY BE DUE BECAUSE OF FAILURE OR NEGLECT ON HIS PART TO MAKE SUCH EXAMINATIONS. ANY CONFLICTS OR OMISSIONS, ETC., SHALL BE REPORTED TO THE ARCHITECT BEFORE PROCEEDING WITH ANY WORK.

2. ANY ERRORS, OMISSIONS, OR CONFLICTS FOUND IN THE VARIOUS PARTS OF THE

CONSTRUCTION DOCUMENTS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND THE OWNER BEFORE PROCEEDING WITH THE WORK.

3. WHERE REFERENCED IN NOTES, ARCHITECT SHALL BE FISCHER ARCHITECTURE, OWNER SHALL BE CINDY AND RORY REID.

4. CONTRACTOR SHALL PROVIDE ARCHITECT AND OWNER WITH A COMPLETE COST

BREAKDOWN AND SCHEDULE OF CONSTRUCTION FOR THIS PROJECT PRIOR TO COMMENCEMENT OF WORK.

5. CONTRACTOR SHALL PROTECT NEW MATERIALS AND FINISHES FROM DAMAGE WHICH MAY OCCUR FROM CONSTRUCTION, DEMOLITION, DUST, WATER. ETC., AND SHALL PROVIDE AND MAINTAIN TEMPORARY BARRICADES, CLOSURE WALLS. ETC., AS REQUIRED TO PROTECT THE PUBLIC AS REQUIRED DURING THE PERIOD OF CONSTRUCTION. DAMAGE TO NEW MATERIALS, FINISHES, STRUCTURES, AND EQUIPMENT SHALL BE REPAIRED OR REPLACED. CONTRACTOR

SHALL COORDINATE TEMPORARY BARRICADES WITH ARCHITECT AND / OR OWNER PRIOR TO COMMENCEMENT OF WORK.

6. ALL CONSTRUCTION WORK, IS TO COMPLY WITH THE 2016 CALIFORNIA BUILDING,

RESIDENTIAL, MECHANICAL, ELECTRICAL, PLUMBING, ENERGY , HISTORICAL, EXISTING AND

GREEN BUILDING STANDARDS CODE AS AMENDED BY THE CITY OF BERKELEY , AND AS APPLICABLE. [CAC 1-201(a)] ALL WORK SHALL BE DONE IN A THOROUGH, WORKMANLIKE MANNER AND EQUAL TO THE BEST STANDARDS OF THE PRACTICE.

7. ALL WORK LISTED, SHOWN OR IMPLIED ON ANY CONSTRUCTION DOCUMENT SHALL BE SUPPLIED AND INSTALLED BY THE CONTRACTOR EXCEPT WHERE NOTED. THE CONTRACTOR

SHALL CLOSELY COORDINATE HIS WORK WITH THAT OF OTHER CONTRACTORS OR VENDORS TO

ASSURE THAT ALL SCHEDULES ARE MET AND THAT ALL WORK IS DONE IN CONFORMANCE TO MANUFACTURERS REQUIREMENTS. WORK REQUIRED UNDER THIS CONTRACT SHALL INCLUDE ALL LABOR, MATERIALS, EQUIPMENT, ETC., NECESSARY TO COMPLETE THIS PROJECT. ALL

MATERIALS SHALL BE NEW AND UNUSED, UNLESS SPECIFICALLY NOTED, AND BE OF A QUALITY ACCEPTABLE BY INDUSTRY STANDARDS.

8. THE USE OF THE WORD "PROVIDE" IN CONNECTION WITH ANY ITEM SPECIFIED IS

INTENDED TO MEAN THAT SUCH ITEM SHALL BE FURNISHED, INSTALLED, AND CONNECTED WHERE SO REQUIRED, EXCEPT AS NOTED.

9. THE CONTRACTOR SHALL MAINTAIN A CURRENT AND COMPLETE SET OF CONSTRUCTION

DOCUMENTS ON THE JOB SITE DURING ALL PHASES OF CONSTRUCTION FOR USE OF ALL

TRADES AND SHALL PROVIDE ALL SUBCONTRACTORS WITH CURRENT CONSTRUCTION DOCUMENTS AS REQUIRED. THE CONTRACTOR, IN ASSUMING RESPONSIBILITY FOR THE WORK INDICATED, SHALL COMPLY WITH THE LETTER IN WHICH THEY WERE DRAWN.

10. THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS OF ALL

SUBCONTRACTORS AND TRADES ON A REGULAR BASIS, AND SHALL EXERCISE STRICT

CONTROL OVER JOB CLEANING TO PREVENT ANY DIRT, DEBRIS OR DUST FROM AFFECTING IN ANY WAY , FINISHED AREAS IN OR OUTSIDE THE JOB SITE.

11. THE CONSTRUCTION DOCUMENTS ARE PROVIDED TO ILLUSTRATE THE DESIGN INTENT AND GENERAL TYPE OF CONSTRUCTION DESIRED.

12. DETAILS SHOWN ARE TYPICAL U.O.N. SIMILAR DETAILS APPLY IN SIMILAR CONDITIONS.

13. ALL ELECTRICAL, MECHANICAL, AND PLUMBING WORK AND MATERIALS SHALL BE IN FULL

ACCORDANCE WITH THE LATEST RULES AND REGULATIONS OF THE NATIONAL BOARD OF FIRE

UNDERWRITERS, THE STATE FIRE MARSHALL, THE SAFETY ORDERS OF THE DIVISION OF INDUSTRIAL SAFETY , AND ANY APPLICABLE STATE OR LOCAL LAWS AND ORDINANCE. NOTHING

ON THESE DRAWINGS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES. ANY QUESTIONS REGARDING INSTALLATIONS SHALL BE BROUGHT TO THE ARCHITECT FOR CLARIFICATION.

14. INSTALL BATT INSULATION BETWEEN STUDS AND JOISTS AT ALL EXTERIOR WALLS, CEILINGS, AND FLOORS WHERE EXPOSED.

15. ALL DIMENSIONS ON CONSTRUCTION DRAWINGS ARE TO FACE OF FINISH UNLESS NOTED AS BEING TO FACE OF FRAMING. DIMENSIONS ARE TO BOTTOM OF FINISHED CEILING OR TOP OF FINISHED FLOOR IN INTERIOR ELEVATIONS UNLESS OTHERWISE NOTED.

16. ALL DIMENSIONS TAKE PRECEDENCE OVER SCALE. ANY DISCREPANCIES SHALL BE BROUGHT IMMEDIATELY TO THE ATTENTION OF THE ARCHITECT. CONTRACTOR SHALL NOT SCALE DRAWINGS. QUESTIONS REGARDING DIMENSIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO ANY START OF WORK.

17. WINDOW AND DOOR SIZES ARE NOMINAL DIMENSIONS. REFER TO MANUFACTURER FOR ACTUAL ROUGH OPENING SIZES.

18. NOT USED.

19. NOT USED.

20. SEALANT, CAULKING, AND FLASHING, ETC., LOCATIONS SHOWN ON DRAWINGS ARE NOT INTENDED TO BE INCLUSIVE. FOLLOW MANUFACTURER’S INSTALLATION RECOMMENDATIONS AND STANDARD INDUSTRY AND BUILDING PRACTICES.

21. PROVIDE SOLID WOOD BACKING FOR ALL SURFACE MOUNTED ACCESSORIES.

22. ALL WORK SHALL BE GUARANTEED AGAINST DEFECTS IN DESIGN, INSTALLATION AND MATERIAL FOR A MINIMUM PERIOD OF ONE YEAR FROM DATE OF COMPLETION.

23. ALL MATERIALS FOR USE ON THE PROJECT SHALL BE STORED WITHIN THE PROJECT SITE.

24. CONTRACTOR SHALL PERSONALLY SUPERVISE AND DIRECT THE WORK OR SHALL KEEP A

COMPETENT EMPLOYEE, AUTHORIZED TO RECEIVE INSTRUCTIONS AND ACT ON THE CONTRACTOR’S BEHALF , CONTINUOUSLY ON SITE DURING WORKING HOURS.

25. ALL QUESTIONS REGARDING PROJECT EITHER DURING BIDDING PHASE OR DURING CONSTRUCTION SHALL BE DIRECTED TO THE ARCHITECT IN WRITING BY EMAIL or FAX:
[email protected]

26. DEMOLITION: THE CONTRACTOR SHALL ENTIRELY DEMOLISH AND REMOVE FROM SITE ANY STRUCTURE OR PORTION THEREOF , OR SITE FEATURE INDICATED TO BE REMOVED.

27. SALVAGE & RECYCLING: ALL ITEMS DEEMED SALVAGEABLE OR RECYCLABLE BY THE

OWNER WILL EITHER HAVE BEEN INDICATED ON THE DRAWINGS, REMOVED PRIOR TO THE

START OF DEMOLITION, OR WILL BE DIRECTED BY THE OWNER TO BE STORED BY THE CONTRACTOR AND SHALL REMAIN THE PROPERTY OF THE OWNER. ITEMS TO BE RELOCATED WILL HAVE BEEN INDICATED ON THE DRAWINGS. REFER TO CITY RECYCLING AND SALVAGING REQUIREMENTS ON FOLLOWING PAGES.

28. DESIGN BUILD: ALL ELECTRICAL, MECHANICAL, AND PLUMBING WORK SHALL BE DESIGN BUILD BASED ON THE INFORMATION PROVIDED IN THE CONSTRUCTION DOCUMENTS.

29. Contractor shall submit a list of paints, primers, sealants, caulking, and adhesives installed within the interior of the building. List to include material type (per CALGreen tables 4.504.1 and 4.504.3) manufacturer name, model name/number, VOC amount, and CALGreen VOC not to exceed limit per product. "

30. PROJECT CLOSEOUT:

A. CONTRACTOR SHALL REVIEW PROJECT WITH ARCHITECT AND/OR OWNER TO ENSURE THAT ALL REQUIREMENTS OF THE CONTRACT DOCUMENTS HAVE BEEN FOLLOWED.

B. CONTRACTOR SHALL OBTAIN ALL REQUIRED CERTIFICATES AND NOTICES.

C. ALL WORK PERFORMED SHALL BE CLEAN AND READY FOR USE.

D. UPON SUBSTANTIAL COMPLETION, THE ARCHITECT SHALL, AT THE CONTRACTOR’S WRITTEN REQUEST, COMPILE A PROJECT PUNCH LIST NOTING ANY CORRECTIONS OR OMISSIONS.

ARCHITECT'S ACCEPTANCE WILL BE CAUSE FOR FINAL PAYMENT, UNLESS SPECIFICALLY DETERMINED OTHERWISE BY OWNER.
ga gauge
galv galvanized
gyp. bd. gypsum board
hr hour
ht height
max maximum
mech mechanical
manuf manufacturer
min minimum
mtl metal
min minimum
mtl metal
NIC not in contract
NTS not to scale
(n) new
o.c. on center
opp opposite
o/ over
PL property line
ply plywood
ptd painted
r radius
req'd required
r.o. rough opening
s.s.d. see structural drawings
s.c.d. see civil drawings
s.l.d. see lanscape drawings
sim similar
st. stl. stainless steel
st. steel
std standard
(t) tempered glass
t.b.d. to be determined
thru through
t.o. top of
typ. typical
ver verify
v.i.f. verify in field
w.o. where occurs
u.o.n. unless otherwise noted
UP up

S H E E T I N D E X
Architectural Drawings
A0.0 Cover
A0.1 Roof/Site Plan and Project Info
L2 Proposed Alterations
A1.0 Existing/Demo Floor Plan
A1.1 Existing/Demo Elevations
A2.0 Proposed Floor Plan
A3.0 Proposed Elevations
subject property
N
OWNER
Cindy and Rory Reid
8 Greenwood Common
Berkeley, CA 94708

ARCHITECT
Fischer Architecture
2984 San Pablo Avenue
Berkeley, CA 94702
tel. 510.204.9250
Kerstin Fischer, Principal
Andrew Fischer, Principal

LANDSCAPE ARCHITECT
David John Bigham, ASLA
1542 La Loma Ave
Berkeley, CA 94708

STRUCTURAL ENGINEER
Berkeley Structural Design
1411 Glendale Avenue
Berkeley, CA 94708
tel. 510.981.1053
Bill Lynch, Principal

GENERAL CONTRACTOR
TBD

P R O J E C T T E A M

R O O F / S I T E P L A N
SCALE: 1/8" = 1'-0"

V I C I N I T Y M A P
N
000
Exterior Elevation / Section Cut
Detail Key
Room
000
00 Room Name / Number
Door Number
Window Number
Elevation Marker
Project Address: 8 Greenwood Common
Berkeley, CA 94708
APN: 058 224400211
Zoning District: R-1H
Construction Type: V-B
Occupancy Type: R-3
Parking Spaces: 1 covered
Number of Stories: 1 (residence); 1 (studio)
House:

Front Yard Setback: 20' required; 21'-0" existing
Side Yard Setback: 4' required; 4'-5" existing (north)/ 11'-1" existing (south)
Rear Yard Setback: 20' required; 8'-5" existing
Building Height: 13'-4" (35' max allowed)

P R O J E C T I N F O R M AT I O N
Studio/Carport:

Front Yard Setback: 6'-1" existing
Side Yard Setback: 0" existing (north)
Building Height: 8'-9" existing (12' max allowed)
Property:

Lot Area: 4800 sf
Gross Floor Area-existing: 1565 sf (residence); 251 sf (studio) = 1816 gsf total Gross Floor Area-proposed: 1565 sf (residence); 251 sf (studio) = 1816 gsf total [no change]
Applicable Codes: 2022 CBC, CRC, CEC, CPC, CMC, CFC
Fire Zone/WUI: 2/Yes
Sprinkler System: No
Fire Alarm System: No
Remodel of an existing single family residence. Scope includes interior renovations to create a third bedroom within the existing footprint, new kitchen, bathroom renovations, cosmetic upgrades. Exterior modifications include removing an existing double casement window and replacing it with a custom French door, removal of an exisiting fixed window and replacing it with a custom French door, and addition of one skylight.

Carport renovations include removing existing wooden post and beam structure, replacing with steel, new concrete slab, and addition of one skylight.

Landscape and hardscape modifications include rebuilt fencing, a new gate along the Common, a new deck outside of the studio, a new concrete terrace and walkway on the east side of the house, new plantings, and a new shed in the rear yard setback.

9.30.2023 KF/AJSA - Initial Submittal
Landscape Drawings
L1 Existing Conditions
L3 Proposed Demolitions
L4 Planting Plan
L5 Irrigation & Lighting
L6 Construction Details Legend
L7 Fencing Details
L8 Wire Mesh Fence, Shed, Paving Details
L9 Studio Deck & Common Bench
L10 Planting Details & Notes

A D J A C E N T N E I G H B O R O U T R E A C H
1 Greenwood
Common
2 Greenwood
Common
3 Greenwood
Common
4 Greenwood
Common
7 Greenwood
Common
9 Greenwood
Common
10 Greenwood
Common
1459 Greenwood
Terrace
1471Greenwood
Terrace
1476Greenwood
Terrace
Address Renter/
Owner
Date Have no
objections
CommentsName
1 1

4.17.2024 KF/AJSA - Plan Check Response 11
1

8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211

REID RESIDENCE
SHEET

DESCRIPTION
REV. DATE ISSUE DRWN.

EXISTING/DEMO FLOOR PLAN
SCALE : 1/4" = 1'-0"
A1.0
remove (e) slab at
parking area
remove (e) beams and posts
see landscape drawings for removal
of fencing and gates
remove (e) fixed window
remove (e) window
remove wall area for dog-door
NOTE:

See Landscape Drawings for existing
landscape, hardscape, fences, and gates,
and for proposed alterations to these areas
(e) utility pole
6 A1.1
7 A1.1
5 A1.1
8 A1.1
2 A1.1
4 A1.1
3 A1.1
1 A1.1
Kitchen
Den
Living / Dining
Primary Bedroom
Primary Bath
Laundry
Mech
Guest Bath
Studio
Studio
Bath
Carport
heat pump
per ZP2022-0032
demo for skylight
demo for skylight
demo for
skylight
remove (e) gate and
fence, see landscape
drawings

1. EXISTING/DEMO FLOOR PLAN
SCALE: 1/4" = 1'-0"
N

L E G E N D
Existing Wall, Fence, or Fixture
to be Removed
Existing Wall to Remain

9.30.2023 KF/AJSA - Initial Submittal

4.17.2024 KF/AJSA - Plan Check Response 11

8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211

REID RESIDENCE
SHEET

DESCRIPTION
REV. DATE ISSUE DRWN.

EXISTING/DEMO ELEVATIONS
SCALE : 1/4" = 1'-0"
A1.1
f.f. Dwelling
el. 0'-0"
(e) wood siding,
typ.
t.o. ridge
el. 11'-10"
t.o. chimney
el. 13'-9"
remove (e) wall
area, save siding
for reuse
remove (e) fixed
window
1'-4"
1'-8"
(e) casings to
remain, typ.
(e) wood siding,
typ.

Note: No work to this elevation
Note: No work to this elevation
(e) wood siding,
typ.
f.f. Dwelling
el. 0'-0"
remove (e)
siding,
save for
reuse
(e) wood siding,
typ.
t.o. ridge
el. 11'-10"
t.o. chimney
el. 13'-9"
remove (e)
window
4'-7 1/2"
(e) fascia
Studio, per
ZP2022-0032
see landscape
drawings for
removal of (e)
fencing
remove (e)
wood post
and beam
support
remove (e)
wood post
and beam
support
Studio, per
ZP2022-0032
see landscape
drawings for
removal of (e)
fencing
outline of
main
dwelling
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
(e) fascia
Studio, per
ZP2022-0032
see landscape
drawings for
removal of (e)
fencing
remove (e)
wood post
and beam
support
Studio, per
ZP2022-0032

5. HOUSE- SOUTH ELEVATION6. HOUSE- WEST ELEVATION

4. CARPORT / STUDIO- NORTH ELEVATION 3. CARPORT / STUDIO- WEST ELEVATION

1. CARPORT / STUDIO- EAST ELEVATION2. CARPORT / STUDIO- SOUTH ELEVATION

7. HOUSE- NORTH ELEVATION8. HOUSE- EAST ELEVATION

9.30.2023 KF/AJSA - Initial Submittal

4.17.2024 KF/AJSA - Plan Check Response 11

8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211

REID RESIDENCE
SHEET

DESCRIPTION
REV. DATE ISSUE DRWN.

PROPOSED FLOOR PLAN
SCALE : 1/4" = 1'-0"
A2.0
Bedroom
Den
Guest Bath
Kitchen
ref
cook /
hood
sink
uppers
uppers
new closet
new door
Living / Dining
Primary Bedroom
Primary Bath
Laundry
Mech
shower
(n) skylight
24" x 36"
(n) skylight 24" x 66"
bathtub
shower
books
stool
Utility
heat pump
per ZP2022-0032
(e) utility pole
Utility
NOTE:

See Landscape Drawings for existing
landscape, hardscape, fences, and gates,
and for proposed alterations to these areas
6 A3.0
7 A3.0
5 A3.0
2 A3.0
4 A1.1
3 A3.0 1
A3.0
Studio, per ZP2022-0032
Carport
(n) skylight 24" x 72"
(n) concrete slab
(n) steel round column,
3" dia, painted, typ.
(n) steel C channels,
painted
(n) dog-door,
clad with (e)
siding material
(n) custom wood door to
match window that was
removed, paint to match (e)
(n) custom wood door in
location of (e) window, match
(e) French doors and casings
on east elevation
(n) concrete landing and steps
to match (e) on east elevation
4'-7"
8'-4"
4'-0"setback
20'-0"
setback
4'-0"setback
8'-5"
setback
2'-8"
setback
20'-0"
setback
Studio
Bath

1. PROPOSED FLOOR PLAN
SCALE: 1/4" = 1'-0"
N

L E G E N D
New Wall
Existing Wall to Remain

9.30.2023 KF/AJSA - Initial Submittal

4.17.2024 KF/AJSA - Plan Check Response 11
Main
Dwelling
Studio
Carport
PL
PL
PL
PL
G r e e n w o o d Te rr a c e
G r e e n w o o d C o m m o n
9 Greenwood
Common
(n) shed, s.l.d.

LEGEND
area counting as lot coverage
Proposed Areas
Main Dwelling: 1843 s.f. (no change from existing)
Shed: 36 s.f. (no change from existing)
Studio: 315 s.f. (no change from existing)
Carport: 202 s.f. (no change from existing)
TOTAL: 2396 s.f. (no change from existing)
4800 s.f. lot size

49.9% lot coverage (no change from existing)
paved patio
deck
paved
walkway
paved walkway
up to 18" of eave overhang excluded from lot coverage
33'-10"
61'-8"
3'-8"
10'-0"
16'-0" 9'-0"
22'-5"
24'-11"
10'-4"
5'-3"

2. LOT COVERAGE DIAGRAM
SCALE: 1/8" = 1'-0"
1

8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211

REID RESIDENCE
SHEET

DESCRIPTION
REV. DATE ISSUE DRWN.

PROPOSED ELEVATIONS
SCALE : 1/4" = 1'-0"
A3.0
f.f. Dwelling
el. 0'-0"
(e) wood siding,
typ.
t.o. ridge
el. 11'-10"
t.o. chimney
el. 13'-9"
1'-4"
1'-8"
(n) dog-door,
clad with (e)
siding material
(n) custom wood door to
match window that was
removed, paint to match (e)
(n) skylight
(e) wood siding,
typ.

Note: No work to this elevation
Note: No work to this elevation
(e) wood siding,
typ.
(n) skylight
f.f. Dwelling
el. 0'-0"
(e) wood siding,
typ.
t.o. ridge
el. 11'-10"
t.o. chimney
el. 13'-9"
4'-7 1/2"
(n) custom wood door in
location of (e) window, match
(e) French doors and casings
on east elevation
(n) concrete landing and steps
to match (e) on east elevation
+/- 2'-0" 7'-4"
head height of (e) window
opening
(e) fascia
Studio, per
ZP2022-0032
Studio, per
ZP2022-0032
outline of
main
dwelling
(n) steel C channel,
painted
(n) steel round
column, 3" dia,
painted, typ.
(n) steel round
column, 3" dia,
painted, typ.

Note: see landscape
drawings for proposed
fencing and gates
Note: see landscape
drawings for proposed
fencing and gates
(n) steel C channels,
painted
(n) skylight(n) skylight
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
(e) fascia
Studio, per
ZP2022-0032
Studio, per
ZP2022-0032
(n) steel round
column, 3" dia,
painted, typ.

Note: see landscape
drawings for proposed
fencing and gates
(n) steel C channels,
painted
(n) skylight

5. HOUSE- SOUTH ELEVATION6. HOUSE- WEST ELEVATION

4. CARPORT / STUDIO- NORTH ELEVATION 3. CARPORT / STUDIO- WEST ELEVATION

1. CARPORT / STUDIO- EAST ELEVATION2. CARPORT / STUDIO- SOUTH ELEVATION

7. HOUSE- NORTH ELEVATION8. HOUSE- EAST ELEVATION

9.30.2023 KF/AJSA - Initial Submittal

4.17.2024 KF/AJSA - Plan Check Response 11

Communications – September 24, 2024
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Item 7: Civic Arts Commission Fund Request - Mitigation Fee Nexus Study, Public Art on Private Development Requirement

1. Cameron Woo
Demolition of UA Theater

2. Melanie Lawrence

3. Save the UA Berkeley

4. Anne Weinberger

5. Seven similarly worded form letters

Cal Sailing Club and J-Dock at Berkeley Marina

6. David Fraser

7. Amy Pereira

8. Karen Huie

9. David Fawcett

10. Paul Herzmark

11. Andrew Buck

12. Nelson Carpentier

13. Nick Goyhenetche

14. Aradhna Mayalall

15. James Fair

16. Jeff Lewis

17. William Gavelis

18. Neeraj DeLima

19. Grant Padmos

Supporting Berkeley Libraries

20. Cathy Brown

Large Building Fossil Fuel Emissions Tax

21. Anand Patel

Containers Missed Pickup

22. Peter Kuhn

TOPA

23. Marcia Edelen

24. Summer Brenner

Ice Cream Truck Generator

25. Dara Pond

Communications

All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

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

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https://records.cityofberkeley.info/

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