Agenda packet, first session — Berkeley City Council, September 24, 2024 (part 1 of 2)

Tuesday, September 24, 2024 REVISED AGENDA Page 1

REVISED AGENDA

BERKELEY CITY COUNCIL MEETING
(REVISED TO ADD A TELECONFERENCE LOCATION)
Tuesday, September 24, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 125 MICHIGAN AVE NE, WASHINGTON, DC 20017

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation . Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1619309217. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 930 9217. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

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

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Rev - 1

Tuesday, September 24, 2024 REVISED AGENDA Page 2 Preliminary Matters
Roll Call:

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

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, 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 attending the meeting in-person and 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.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is 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.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move 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”.

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, 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.

Rev - 2

Tuesday, September 24, 2024 REVISED AGENDA Page 3 Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Recess Items

1. Contract: B-Bros Construction Inc. for Temporary Stabilization of Stair Tower Windows at 2180 Milvia Street
From: City Manager
Recommendation: Adopt a Resolution approving the City Manager’s emergency authorization of a contract with B-Bros Construction Inc. to make necessary repairs to the windows in the secondary egress stairwells in 2180 Milvia Street in an amount not to exceed $400,000.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

Consent Calendar

2. Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt second reading of Ordinance No. 7,934-N.S. amending Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, by adding Sub-section L, Wildfire Hardening, below Sub-section K, Seismic Upgrades.

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

Financial Implications: None.

Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

Rev - 3
Consent Calendar
Tuesday, September 24, 2024 REVISED AGENDA Page 4

3. Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
From: Councilmember Kesarwani (Author), Councilmember Wengraf (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,935-N.S. adopting revisions to BMC Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks to delete portions of 14.48.020, 14.48.120A and 14.48.120B in order to give the City Manager authority to make conforming changes to Administrative Regulation 10.2 to effectuate the above-stated encampment policy.

Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120 is to be revised by the City Manager to enable enforcement of temporary non-commercial objects of less than nine-square-feet within less than 24 hours in a designated public area marked with signage to deter re-encampment.

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

Financial Implications: None.

Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

4. Establish 2025 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2025, with starting times of 6:00 p.m.

Financial Implications: None.

Contact: Mark Numainville, City Clerk, (510) 981-6900

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 24, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report.

Contact: Henry Oyekanmi, Finance, (510) 981-7300

Rev - 4
Consent Calendar
Tuesday, September 24, 2024 REVISED AGENDA Page 5

6. Grant Application: Reconnecting Communities Pilot (RCP) Discretionary Grant Program for the Santa Fe Railroad Trackbed to Park Conversion Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to: submit a grant application in the amount of up to $5 million to the U.S.

Department of Transportation for the Reconnecting Communities Pilot (RCP) Discretionary Grant Program (second round) for the Santa Fe Railroad Trackbed to Park Conversion Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

7. Civic Arts Commission Fund Request - Mitigation Fee Nexus Study, Public Art on Private Development Requirement
From: Civic Arts Commission
Recommendation: The Civic Arts Commission recommends that the City Council allocate $125,000 in the FY24/25 Budget to fund a nexus study on the existing Public Art on Private Development Requirement (Berkeley Municipal Code 23.316), which was established in 2017. The Civic Arts Commission would like to make changes to the requirement to ensure ongoing support for the arts and culture sector in Berkeley. In order to make any changes to the Public Art on Private Development Requirement, first a nexus study is required by the State of California’s Mitigation Fee Act.

Financial Implications: See report.

Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Council Consent Items

8. Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $11,632.30 for a new total not to exceed $347,632.30.

Financial Implications: See report.

Contact: Jesse Arreguin, Mayor, (510) 981-7100

Rev - 5
Council Consent Calendar
Tuesday, September 24, 2024 REVISED AGENDA Page 6

9. Budget Referral: Independent Consultant to Conduct Analysis of Referring Restaurant Inspections to Alameda County
From: Councilmember Kesarwani (Author)
Recommendation: Refer to the November budget process $100,000 for the City Manager to engage an independent consultant to conduct an analysis that considers feasibility, costs, and benefits of referring food facility inspections to Alameda County, and submit a report with recommendations for Council consideration and potential action as soon as practicable.

The report should consider the following key areas:
- Environmental Health Division staffing, recruitment and retention; - Costs and staffing resources to develop a new restaurant inspection database that complies with state rules; and
- Costs and staffing resources to develop a restaurant “grading” system, such as those used in Los Angeles County, New York City, or other jurisdictions.

Financial Implications: See report.

Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

10. Resolution Clarifying the Intent of Measure Y (2024) – Increasing the Parks, Trees and Landscaping Maintenance Tax
From: Councilmember Humbert (Author), Councilmember Taplin (Author), Councilmember Wengraf (Author)
Recommendation: In order to ensure that voters are fully informed and to inform future discussions of potential expenditures, it is recommended that the Berkeley City Council adopt the following language to clarify (but not change) the intent of Measure Y: The intent of Measure Y is to generate additional funds by increasing the Parks Tax for park and landscape maintenance in the Waterfront including Cesar Chavez (Berkeley’s largest park), improvements to Berkeley’s urban forest and street tree plantings, and essential park and landscaping related capital projects.

Financial Implications: See report.

Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Action Calendar
The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that ti me. Up to ten (10) speakers 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. 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.

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

Rev - 6

Tuesday, September 24, 2024 REVISED AGENDA Page 7 Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Old Business

11. City Council Rules of Procedure and Order Revisions (Continued from September 10, 2024)
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to clarify and reorganize existing language, make technical corrections related to account for hybrid meetings; incorporate temporary provisions from Appendix C into the main body of the document; add revisions recommended by the Open Government Commission and approved by Council; Add new language and update existing language related to the legislative process recommended by the Agenda & Rules Committee; and rescinding any preceding amendatory resolutions.

Financial Implications: See report.

Contact: Mark Numainville, City Clerk, (510) 981-6900

Information Reports

12. LPO NOD: 2000 Kala Bagai Way, LMSAP2024-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

13. LPO NOD: 2227 Parker Street, #LMIN2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

14. LPO NOD: 8 Greenwood Common, #LMSAP2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Rev - 7

Tuesday, September 24, 2024 REVISED AGENDA Page 8

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

C
ommunications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at

https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Rev - 8

Tuesday, September 24, 2024 REVISED AGENDA Page 9 I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 19, 2024.

Mark Numainville, City Clerk

Communications
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. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

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

Rev - 9

Tuesday, September 24, 2024 REVISED AGENDA Page 10 Containers Missed Pickup

22. Peter Kuhn

TOPA

23. Marcia Edelen

24. Summer Brenner

Ice Cream Truck Generator

25. Dara Pond

26. Adrian McGilly

West Berkeley Concerns

27. Paul Limb

Zoning Ordinance and Zoning Changes

28. Gabriela Kipnis

29. Paula Skene

30. Susie Zukor

31. Andrea Yankowski

32. Susan Collier Thomakos

33. Jim Greenberg

Article Regarding Wildfires

34. Barbara Gilbert

Concerns Regarding 2070 Martin Luther King Jr Way

35. Bryce Kalousek-Maritano

Survey About Local Issues

36. Dona Bretherick

Loud Noises

37. Erwan Illian

Settlement for Civil Case

38. Jesse McCaffrey

Oakland A’s Relocation and Current Events

39. Josh Atwood (5)

Links to Articles

40. Vivian Warkentin (2)

41. Erwan Illian

42. Russbumper (5)

Rev - 10

Tuesday, September 24, 2024 REVISED AGENDA Page 11 Middle East Conflict and Peace & Justice Commission

43. Angela Jernigan

44. Itamar Landau

45. Wendy Greenfield

46. Dorah Rosen

47. Rick Sterling

48. Jennifer S Fechner (3)

49. Sheila Jordan

50. Yuko Matsumoto

51. J Rosenfeld

52. Dorothea Dorenz (2)

53. Joel Biatch

54. Mordechai.netanel

55. Erwan Illian (6)

56. russbumper (16)

57. 399 similarly worded form letters “Let Berkeley’s Peace and Justice Commission Work”

58. 4,800 similarly worded form letters “Vote No on Ceasefire Resolution”

Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Rev - 11

Tuesday, September 24, 2024 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, September 24, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

T
o access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1619309217. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 930 9217. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

T
his meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

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

G
overnment Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Page 1 ends

Tuesday, September 24, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:

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

C
eremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to t
he City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on t
he Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, 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 attending the meeting in-person and 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.

Page 2 ends

Tuesday, September 24, 2024 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Recess Items

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300

Consent Calendar

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

Financial Implications: None.

Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

Page 3 ends

Consent Calendar
Tuesday, September 24, 2024 AGENDA Page 4

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

Financial Implications: None.

Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

4. Establish 2025 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2025, with starting times of 6:00 p.m.

Financial Implications: None.

Contact: Mark Numainville, City Clerk, (510) 981-6900

Financial Implications: See report.

Contact: Henry Oyekanmi, Finance, (510) 981-7300

Page 4 ends

Consent Calendar
Tuesday, September 24, 2024 AGENDA Page 5

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Financial Implications: See report.

Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Council Consent Items

Financial Implications: See report.

Contact: Jesse Arreguin, Mayor, (510) 981-7100

Page 5 ends

Council Consent Calendar
Tuesday, September 24, 2024 AGENDA Page 6

Financial Implications: See report.

Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

Financial Implications: See report.

Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers 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 tha n 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.

Action items may be reordered at the discretion of the Chair with the consent of Counc il.

Page 6 ends

Tuesday, September 24, 2024 AGENDA Page 7
Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Old Business

Financial Implications: See report.

Contact: Mark Numainville, City Clerk, (510) 981-6900

Information Reports

12. LPO NOD: 2000 Kala Bagai Way, LMSAP2024-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

13. LPO NOD: 2227 Parker Street, #LMIN2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

14. LPO NOD: 8 Greenwood Common, #LMSAP2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Page 7 ends

Tuesday, September 24, 2024 AGENDA Page 8

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a. m.

Com
munications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Page 8 ends

Tuesday, September 24, 2024 AGENDA Page 9
I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 12, 2024.

Mark Numainville, City Clerk

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

Page 9 ends

Tuesday, September 24, 2024 AGENDA Page 10
Containers Missed Pickup

22. Peter Kuhn

TOPA

23. Marcia Edelen

24. Summer Brenner

Ice Cream Truck Generator

25. Dara Pond

26. Adrian McGilly

West Berkeley Concerns

27. Paul Limb

Zoning Ordinance and Zoning Changes

28. Gabriela Kipnis

29. Paula Skene

30. Susie Zukor

31. Andrea Yankowski

32. Susan Collier Thomakos

33. Jim Greenberg

Article Regarding Wildfires

34. Barbara Gilbert

Concerns Regarding 2070 Martin Luther King Jr Way

35. Bryce Kalousek-Maritano

Survey About Local Issues

36. Dona Bretherick

Loud Noises

37. Erwan Illian

Settlement for Civil Case

38. Jesse McCaffrey

Oakland A’s Relocation and Current Events

39. Josh Atwood (5)

Links to Articles

40. Vivian Warkentin (2)

41. Erwan Illian

42. Russbumper (5)

Page 10 ends

Tuesday, September 24, 2024 AGENDA Page 11
Middle East Conflict and Peace & Justice Commission

43. Angela Jernigan

44. Itamar Landau

45. Wendy Greenfield

46. Dorah Rosen

47. Rick Sterling

48. Jennifer S Fechner (3)

49. Sheila Jordan

50. Yuko Matsumoto

51. J Rosenfeld

52. Dorothea Dorenz (2)

53. Joel Biatch

54. Mordechai.netanel

55. Erwan Illian (6)

56. russbumper (16)

57. 399 similarly worded form letters “Let Berkeley’s Peace and Justice Commission Work”

58. 4,800 similarly worded form letters “Vote No on Ceasefire Resolution”

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Page 11 ends

Page 12 ends

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

RECESS ITEM

CONSENT CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Contract: B-Bros Construction Inc. for Temporary Stabilization of Stair Tower Windows at 2180 Milvia Street

RECOMMENDATION
Adopt a Resolution approving the City Manager’s emergency authorization of a contract with B-Bros Construction Inc. to make necessary repairs to the windows in the secondary egress stairwells in 2180 Milvia Street in an amount not to exceed $400,000.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS On or about July 11, 2024, Public Works staff was alerted to potential hazards caused by windows in the secondary egress stairwells in 2180 Milvia Street. Glass from the windows could fall from building, with people and property at risk of being hit by glass.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available out of the baseline FY 25 Facilities CIP Deferred Maintenance/Emergency Projects budget from the Capital Improvement Fund 501. Not making the windows and the area below and around them safe could make the City of Berkeley liable for any death, injury, damage or other harm caused by falling glass.

CURRENT SITUATION AND ITS EFFECTS
On or about July 11, 2024, Public Works staff was alerted to potential hazards caused by windows in the secondary egress stairwells in 2180 Milvia Street. After an inspection with Public Works and Build Safety Staff on Thursday morning, July 11, City staff developed the following action plan to help mitigate any potential safety issues.  Site: 2180 Milvia Street, secondary egress stairwell towers near the parking lot  Hazard: Glass from windows could fall outside the building  Risk: Passersby outside the building could be at risk of falling glass; City Staff can still safely work inside the building, and members of the public can still go inside; this level of risk does not require the shutdown of 2180 Milvia Street

Page 1 of 4 ends

Page 13 ends

Contract: B-Bros Construction Inc. for Temporary Stabilization CONSENT CALENDAR of Stair Tower Windows at 2180 Milvia Street September 24, 2024

Page 2 ends

Public Works has contract B-Bros Construction Inc. to furnish labor and materials in accordance with the City’s plan and specifications for necessary repairs to the windows in the secondary egress stairway at 2180 Milvia Street.

Public Works staff will continue to provide updates as the work makes progress.

BACKGROUND
In July, Public Works worked through emergency design procedures with the Planning Department to install fencing and safety nets to secure and mitigate the hazard. This allowed staff to continue their engineering investigation and determine the appropriate steps to repair this landmark building.

Immediate course of action in July –

1. Public Works and other City Staff:
a. Installed temporary safety barriers, caution tape and channelizers to keep public and employees clear of the zones; and,
b. Accelerated emergency mitigation design work and obtain mitigation plan permit approval from Planning.

2. Public Works contracted to temporarily install:
a. Scaffolding for the mitigation while the design is being finalized; b. Fencing to make the area under the windows safe; and, c. Netting to contain glass in the event that it does fall, preventing it from falling to the ground and possibly injuring people and causing damage.

Public Communication – City Staff and visitors to the 2180 Milvia Street building have been instructed to use the secondary stairwell only as an emergency egress. Staff put up:
 Notices that state the secondary stairwell is for emergency egress only; and,
 Signage to guide people in the event of an emergency evacuation.

This hazard does not affect the primary stairwell inside the building (past lobby, near the rear elevators).

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

RATIONALE FOR RECOMMENDATION
The risk of windows falling off of 2180 Milvia Street created an extremely dangerous condition that the City must urgently address.

Page 2 of 4 ends

Page 14 ends

Contract: B-Bros Construction Inc. for Temporary Stabilization CONSENT CALENDAR of Stair Tower Windows at 2180 Milvia Street September 24, 2024

Page 3 ends

ALTERNATIVE ACTIONS CONSIDERED
None. Not making the windows and the area below and around them safe would put life and limb at grave risk.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Uriel Gonzalez, Assistant Public Works Engineer, Public Works (510) 981-6627 Attachment:
1: Resolution

Page 3 of 4 ends

Page 15 ends

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

CONTRACT: B-BROS CONSTRUCTION INC FOR TEMPORARY STABILIZATION OF STAIR TOWER WINDOWS AT 2180 MILVIA STREET
WHEREAS, on or about July 11, 2024, Public Works staff was alerted to potential hazards caused by windows in the secondary egress stairwells in 2180 Milvia Street; and WHEREAS, glass from the windows could fall outside the building; and WHEREAS, people and property outside the building could be at risk of being hit by it.

WHEREAS, funding is available from the baseline FY 25 Facilities CIP Deferred Maintenance/Emergency Projects budget from the Capital Improvement Fund 501; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager’s August 2024 emergency contract with B-Bros Construction Inc. is approved to make necessary repairs to the windows in the secondary egress stairwells in 2180 Milvia Street, including executing any amendments, extensions or other change orders until completion of the project in an amount not to exceed $400,000.

Page 4 of 4 ends

Page 16 ends

Ordinance No. 7,934-N.S. Page 1 of 4
ORDINANCE NO. 7,934-N.S.

AMENDING SECTIONS 7.52.060 OF THE BERKELEY MUNICIPAL CODE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, is amended to add Sub-section L. and read as follows:

BMC 7.52.60 Sub-section L
L. 1. Up to one-third of the tax imposed by this chapter shall be rebated, on a dollar for dollar basis, for all expenses incurred on or after January 1, 2025 to "wildfire harden" either any structure which is used exclusively for residential purposes, or any mixed-use structure which contains two or more dwelling units. Multiple rebate applications may be submitted for a partial rebate of the tax paid. However, the total rebate for any combination of seismic retrofit and/or wildfire hardening shall not exceed the maximum of one-third (1/3) of the tax paid per property.

2. The term "wildfire harden" within the meaning of this chapter means work which is the process of increasing resistance to wildfire by replacing combustible materials with ignition resistant and/or non-combustible materials and other scientifically proven actions. The work must be permanent and not vegetation management or gardening adaptations that require continued maintenance. To be eligible for a rebate, the parcel level mitigations set forth in the California Department of Insurance “Safer from Wildfires” Framework REG-2020-00015 adopting California Code of Regulations Title 10, Chapter 5, Subchapter 4.8, Article 4, Section 2644.9 must be satisfactorily completed as determined by the Building Official (when a permit is required) and a Berkeley Fire Department Defensible Space Inspection. These include:
(a) All improvements must be permanent and comply with design, material and construction methods as described in the California Building Code, Chapter 7A. and BMC 19.28.030.
(b) Structures with a wood shake roof must be replaced with a Class A fire rated roof before qualifying for the transfer tax rebate.
(c) Clearing combustible materials including fences and gates, and all movable combustible objects, from the area within five (5) feet of the building being evaluated (Replace with only noncombustible materials.). (d) At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up.

Page 1 of 4 ends

Page 17 ends

Ordinance No. 7,934-N.S. Page 2 of 4
(e) Fire-Resistant Vents and Gutter Covers of 1/16 to 1/8 inch noncombustible, corrosion-resistant metal mesh or OSFM Category 8165 approved ember resistant vents.
(f) Multi-paned windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings. (g) Enclosed eaves.
(h) Remove combustible materials and debris from under decks and installation of non-combustible siding or ember resistant mesh of 1/8” or finer around deck perimeter.
(i) Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building being evaluated or, in the event that the applicant does not control the entirety of the area extending thirty feet from the building being evaluated, removal of combustible structures from as much of such area as is under the control of the applicant.
(j) Block spaces between roof covering and sheathing with noncombustible materials (bird stops).
(k) The property upon which the building being evaluated is situated complies with Section 4291 of the Public Resources Code, when applicable, and any applicable local ordinances, governing defensible space. (l) Any other work found by the Building Official or Fire Marshal (or their designee) to substantially increase the capability of those structures, specified in subsection L.1, to withstand destruction or damage in the event of a wildfire.

3. The work to wildfire harden as provided herein shall be completed either up to one-year prior to the transfer of property or as provided in subsection L.5.

4. If the work to wildfire harden structures and property provided for herein is to be performed after the transfer of property which is subject to the tax imposed by this chapter, upon completion of such work and certification by the building official as to the amount of the expenses of such work the City Manager or their designee may refund such expenses not to exceed one-third of the tax imposed to the parties to the sale in accordance with the terms of such sale. Any remaining tax shall be retained by the City.

5. From the date of the recordation of the transfer document, the applicant shall have one year to complete all wildfire hardening work and submit a wildfire hardening verification application to the Codes and Inspection Division of the City of Berkeley. If

Page 2 of 4 ends

Page 18 ends

Ordinance No. 7,934-N.S. Page 3 of 4
the work is not completed at the end of one year, that portion which has been completed may be credited as a rebate to the applicant upon submission of a Home Hardening verification application and substantiating documentation, as required by the codes and inspections division of the City of Berkeley, showing the dollar amount of work completed up to that date.

6. Within the one-year period established by paragraph 5, an applicant may request, and the City Manager may approve, an extension of up to one year. The City Manager or their designee may grant such an extension only for good cause. The decision of the City Manager or their designee shall be entirely within their discretion and shall be final.
(a) "Good cause" includes (i) the inability of the applicant, after a prompt and diligent search to find and retain the services of an architect, engineer, contractor or other service provider whose services are necessary for the Home Hardening work; (ii) unforeseen and unforeseeable circumstances such as a significant change in the scope of the Wildfire Hardening work due to circumstances in the field which could not reasonably have been known earlier; and (iii) serious illness or other extraordinary and unforeseeable circumstances that prevented the timely commencement or completion of the Wildfire Hardening work. (b) "Good cause" does not include (i) ignorance of the applicable City ordinances or regulations concerning the Wildfire Hardening rebate provided in this chapter or state or local laws relating to the standards with which wildfire hardening work must comply; or (ii) any delays which were within the control or responsibility of the applicant.

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

Page 3 of 4 ends

Page 19 ends

Ordinance No. 7,934-N.S. Page 4 of 4
At a regular meeting of the Council of the City of Berkeley held on September 10, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Tregub, Wengraf, and Arreguin.

Noes: None.

Absent: Bartlett.

Page 4 of 4 ends

Page 20 ends

Ordinance No. 7,935-N.S. Page 1 of 17
ORDINANCE NO. 7,935-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 14.48; MISCELLANEOUS

USE OF STREETS AND SIDEWALKS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 14.48 is amended as follows:

Chapter 14.48

MISCELLANEOUS USE OF STREETS AND SIDEWALKS
Sections:

14.48.010 One-way streets.

14.48.020 Obstructions on streets and sidewalks.

14.48.030 Objects in transit.

14.48.040 Construction materials and barricades.

14.48.050 Trees and shrubs.

14.48.060 Poles, hydrants, signs, etc.

14.48.070 Bicycle racks.

14.48.080 Bus benches and bus shelters.

14.48.090 Mail boxes and armed forces recruiting signs.

14.48.100 Newspaper racks and newspapers.

14.48.110 Authorized retail displays.

14.48.120 Temporary Noncommercial Objects.

14.48.130 Decorative noncommercial installations.

14.48.140 Public telephones.

14.48.150 Sidewalk seating, benches and planters.

14.48.160 Removal of obstructions on streets and sidewalks.

14.48.170 Use of streets and sidewalks by vendors.

14.48.180 Trap doors in sidewalks.

14.48.190 Parklets.

Page 1 of 17 ends

Page 21 ends

Ordinance No. 7,935-N.S. Page 2 of 17

14.48.010 One-way streets.

The City Traffic Engineer is authorized and directed to suitably indicate by appropriate signs those streets or portion of streets designated by resolution of the Council as one- way streets.

14.48.020 Obstructions on streets and sidewalks.

It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager.

For purposes of this Chapter, Sidewalk is defined as provided in BMC Section

1.04.010(18) as that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. Parklet is defined as provided in BMC Section

14.48.190(B)(4).

14.48.030 Objects in transit.

Goods, wares, merchandise, containers, furniture, suitcases and other similar objects in the immediate custody and control of individuals readily able to move or remove such objects may be allowed on the outer one-third of the sidewalk for up to one hour while in the actual course of receipt, delivery, transport, transit or removal.

14.48.040 Construction materials and barricades.

Materials used in the construction or repair of any building or structure, together with the necessary pedestrian walkways, barricades and warning signs, when required permits have been obtained from the City.

14.48.050 Trees and shrubs.

Trees, shrubs and flowers with the necessary barricades when planted or maintained by the City, or by private parties when expressly allowed by Council action or by the City Manager.

Page 2 of 17 ends

Page 22 ends

Ordinance No. 7,935-N.S. Page 3 of 17

14.48.060 Poles, hydrants, signs, etc.

Poles, fire and police boxes, lamp posts, parking, street directional or warning signs, parking meters, drinking fountains, poster kiosks, hydrants, flag poles or standards, decorations for public events, sidewalk clocks, refuse cans, book return receptacles, barriers and any other similar installation; provided, however, that any such installation belongs to the City or is authorized by Council action.

14.48.070 Bicycle racks.

Bicycle racks of a type and at locations approved by and under such conditions as may be imposed by the City Manager.

14.48.080 Bus benches and bus shelters.

Bus benches and bus shelters at such locations and in accordance with such rules and regulations as may be prescribed by the City Manager.

14.48.090 Mail boxes and armed forces recruiting signs.

Mail boxes and armed forces recruiting signs that are placed in such locations that they do not interfere with the normal use of the sidewalk by pedestrians.

14.48.100 Newspaper racks and newspapers.

Newspaper racks which are installed and maintained in accordance with Chapter 16.40 or Chapter 16.44 of the Berkeley Municipal Code.

14.48.110 Authorized retail displays.

Objects such as, but not limited to, tables, chairs, umbrellas and canopies that are permitted pursuant to Chapter 9.48.

14.48.120 Temporary Noncommercial Objects.

A. Temporary Noncommercial Objects ("TNC Objects") are personal belongings:

1. In the immediate custody and control of a person or persons at substantially all times;

Page 3 of 17 ends

Page 23 ends

Ordinance No. 7,935-N.S. Page 4 of 17

2. Not offered for sale or exchange or involved in the solicitation of money for immediate payment;

3. Not otherwise prohibited and of a size, weight and quantity that can be easily moved by the owner.

4. Not furniture. Furniture is only allowed pursuant to BMC Chapter 9.48 or pursuant to BMC § 14.48.030 Objects in Transit.

The City Manager may adopt regulations specifying what TNC Objects may be permitted under this Section and where such TNC Objects may be permitted, as well as procedures and limitations to implement this Section. Any such regulation shall contain provisions and shall be applied in such a manner as to ensure that it does not deprive any person of rights protected by the state or federal constitutions, including freedom of expression, and any size limitation contained therein shall not apply to dogs, or to limited cushioning material being used to sit on such as, but not limited to, blankets, cushions or mats.

B. The City Manager shall ensure that regulations adopted pursuant to this Section are publicized in a manner substantially equivalent to the manner in which ordinances are published, and that materials summarizing such regulations are available for dissemination in Commercial and Manufacturing zones. The City may also post fixed signage in Commercial and Manufacturing zones informing the public of such regulations.

C. No person may be cited for a violation of this Section or the regulations adopted pursuant to it unless that person has first been warned that their conduct is in violation hereof, is allowed a reasonable opportunity to comply but refuses to do so.

D. Violations of this Section or City Manager regulations adopted pursuant to this Section shall be charged as infractions, and not as misdemeanors.

14.48.130 Decorative noncommercial installations.

Decorative noncommercial installations subject to the following regulations and requirements:

A. At least six feet of improved sidewalk area measured at right angles to the curb shall be kept open and unobstructed.

Page 4 of 17 ends

Page 24 ends

Ordinance No. 7,935-N.S. Page 5 of 17
B. Such decorative noncommercial installations shall be placed and maintained in the portion of the sidewalk area farthest from the curb; provided, however, that subject to all other conditions herein specified, such installations may be placed and maintained in the portion of the sidewalk area adjacent to the curb if such installations will not interfere with access to or from any parked vehicle and are:

1. Not closer than twenty-five feet to any curb return or fire hydrant;

2. Not located adjacent to any commercial or passenger loading zone;

3. Not closer to the curb than eighteen inches;

4. Not affixed to any City or utility company-owned poles or appurtenances;

5. Not mounted in or affixed to the sidewalk;

6. Not inconsistent with safety, development in the area, or other decorative noncommercial installations.

C. No decorative noncommercial installation shall be placed or maintained in the sidewalk area without a permit therefor. Application for such permit shall be made to the office of the City Manager, who may require as part of the application such information as may be deemed necessary to determine compliance with this Section and other applicable laws and regulations, including but not limited to a scaled site plan, signature of the fronting property owner and permittee, and agreement to indemnify the City as specified in Subsection D. The application shall be referred to the Public Works Department and the Civic Art Commission for review to determine that it is in the public interest to grant the permit, and that the granting thereof will not be detrimental to the public health, safety or general welfare. The permit shall not be granted without the approval of both the Public Works Department and the Civic Art Commission. If such approval is given and the City Manager concurs, the permit shall be granted subject to the conditions hereinabove set forth, and such additional conditions as may reasonably be imposed. Such permit shall be subject to revocation by the City Manager without cause; the decorative noncommercial installation for which the permit has been given shall be removed within ten days after notice.

D. Anyone granted a permit for a decorative noncommercial installation shall agree to indemnify and hold harmless the City, its officers and employees of and from any and all claims, damages or suits that may arise or in any way be occasioned by the granting of

Page 5 of 17 ends

Page 25 ends

Ordinance No. 7,935-N.S. Page 6 of 17
the permit or the maintenance of the decorative noncommercial installation permitted thereby.

1. The permittee shall carry liability insurance in the amount of $500,000.

E. For purposes of this Chapter, "Decorative Noncommercial Installations" shall include but are not limited to artwork, planters, and other objects that are placed within the public right-of-way by a private party for the purpose of decoration in a residential, commercial, or industrial district, not for the purpose of advertising, commerce or other economic benefit.

F. Decorative Noncommercial Installations that are not permitted under this Section are prohibited encroachments under 16.18 and shall constitute a public nuisance subject to the remedies in Chapter 1.26.

G. The City Council may by resolution establish fees for the implementation and administration of this Section.

14.48.140 Public telephones.

Telephones for public use of a type and at locations approved by and under such conditions as may be imposed by the City Manager.

14.48.150 Sidewalk seating, benches and planters.

A. Notwithstanding anything to the contrary in this Chapter, the City of Berkeley Engineering Division of the Department of Public Works, or its successor, may approve Sidewalk Seating, Benches and/or Planters on sidewalks, parking lanes, street areas, and other public right of way locations as set forth in, and in compliance with, this Section.

1. No permit may be issued under this Section for any sidewalk area in front of a single parcel if there are any current violations of this Chapter in that sidewalk area.

2. A permit for Sidewalk Seating, Benches and/or Planters may not be issued unless the business for which the Sidewalk Seating, Benches and/or Planters is/are proposed is in full compliance with Title 23 and any Permit issued thereunder.

3. Sidewalk Seating and Outdoor Commerce shall require a Sidewalk Seating engineering permit, renewed annually.

Page 6 of 17 ends

Page 26 ends

Ordinance No. 7,935-N.S. Page 7 of 17

4. Businesses conducting Outdoor Commerce in a parking lane shall additionally pay an annual Outdoor Commerce Use Fee in exchange for using public parking spaces for business operations.

5. Sidewalk Seating shall be permitted in any area of the public right-of-way if City Staff makes a finding that the use of the right-of-way for Sidewalk Seating purposes does not create a dangerous condition for customers, pedestrians, or bicycle or motor vehicle traffic. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate.

6. Upon termination of any declared City emergency, any Sidewalk Seating present in the public right-of-way and not on the sidewalk shall within (365) days of date of termination either obtain a valid Sidewalk Seating Engineering Permit and pay the Outdoor Commerce Use Fee or be removed from the public right-of-way.

B. For purposes of this Chapter, the following terms shall be defined as follows:

1. "Bench" means a seat designed for two or more persons.

2. "Block Face" means one side of one block, e.g., the north side of Center Street between Milvia Street and Shattuck Avenue.

3. "Bus Bench" means a bench installed and maintained under an agreement between the City, A.C. Transit and Lamar Transit Advertising or another public or semi-public transit provider.

4. "Commercial Establishment" means, but is not limited to, a place where Business Activity is established. Business activity is defined as any activity subject to BMC Chapter 9.04 and any economic activity which generates receipts but is exempt from BMC Chapter 9.04 by state or federal law.

5. "District-wide Sidewalk Bench/Planter Area Plan" means a City-approved plan for a specific commercial district as defined in said plan that establishes area-specific regulations for benches, planters and/or plant material, and establishes general regulations for the placement of benches and planters in the public right-of-way, for the designated district.

6. "District-wide Sidewalk Seating Area Plan" means a City-approved plan for a specific commercial district as defined in said plan that establishes area-specific

Page 7 of 17 ends

Page 27 ends

Ordinance No. 7,935-N.S. Page 8 of 17
regulations for sidewalk seating, and establishes general regulations for the placement of sidewalk seating in the public right-of-way, for the designated district.

7. "Food Service Establishment" has the same meaning as set forth in BMC Chapter 23F.04.

8. "Furniture" means amenities such as but not limited to tables, chairs, benches, and other equipment that facilitates the stationary use of sidewalk, parking lanes, street area, and other public right of way spaces.

9. "Outdoor Commerce" means Sidewalk Seating in the public right of way.

10. "Outdoor Commerce Use Fee" means an annual fee for the use of the parking lane for Sidewalk Seating.

11. "Planter" means a container that is designed or used for growing plants.

12. "Parking Lane" and "Street Area" are considered to be part of the Public right- of-way (PROW), known as, "any public street, public way, public place or rights-of- way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by City and any privately-owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City." as defined in BMC 23F.04.010.

13. "Sidewalk" has the same meaning as set forth in BMC 1.04.010(18).

14. "Sidewalk Seating" means tables and/or chairs (including benches) and, umbrellas and other associated furniture with lawfully operating Food Service Establishments or other commercial establishments, in or on the sidewalk. "Sidewalk Seating" includes seating and associated furniture in the public right-of-way or resting on, or projecting into, the sidewalk, parking lane, or street area, or any combination thereof which are not physically or structurally attached to a building, retaining wall or fence.

15. "Transit Stop" means an AC Transit bus stop, UC Berkeley bus stop, a paratransit bus stop, Bay Area Rapid Transit station entrance, or another public transit provider.

Page 8 of 17 ends

Page 28 ends

Ordinance No. 7,935-N.S. Page 9 of 17

16. "Window Box Planter" means a box, designed to hold soil for growing plants, attached at or on a windowsill.

C. Sidewalk Seating, Benches and Planters shall fully conform to the following requirements of this subdivision:

1. Any object permitted under this Section shall leave a minimum horizontal clear space of six feet for ADA-compliant path of travel, (or reduce to 5 feet at a single point of contact) or such greater (or smaller) amount of clear space as the Engineering Division finds necessary to protect and enhance pedestrian and vehicle traffic for public use in the sidewalk area, as that space is determined by the City of Berkeley Engineering Division of the Department of Public Works, or its successor.

2. Objects permitted under this Section shall not:
(a) Unduly interfere with access by public employees and utility workers to meters, fire hydrants or other objects (street hardware) in the right-of-way; (b) Block or obstruct the view of necessary authorized traffic devices; (c) Unduly interfere with pedestrian traffic in the public ROW/sidewalk, pedestrian safety, access to public or private parking, traffic circulation, and/or vehicular safety;
(d) Be closer than 25 feet to any curb return or fire hydrant; except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, Sidewalk Seating, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshal as appropriate; (e) Be affixed to any City or utility company-owned poles or appurtenances;

3. All sidewalk seating shall be subject to the following additional standards and requirements:
(a) All Sidewalk Seating configurations shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards.
(b) All Sidewalk Seating components shall be stored in a secure location when not in use.

Page 9 of 17 ends

Page 29 ends

Ordinance No. 7,935-N.S. Page 10 of 17
(c) The permittee shall regularly inspect and clean the Sidewalk Seating and that portion of the public sidewalk adjacent to the establishment. A waste receptacle shall be provided.

4. All benches and planters shall be subject to the following additional standards and requirements:
(a) All proposals shall comply to the greatest extent possible with any design requirements adopted by the City for benches, planters and/or plant material.

D. All permits issued under this Section shall be subject to the following conditions:

1. The permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of the area affected by any object(s) permitted by this Section, including any design requirements hereafter enacted, from the building frontage to the curb, parking lane, or street area.

2. The permittee shall restrict any objects permitted under this Section to the approved location(s) and configuration, and ensure compliance with all applicable laws, and the number of tables and chairs shall not be increased without prior approval of the Public Works or Public Health Department.

3. When any objects permitted under this Section are found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any existing or proposed City design plans, those objects shall, upon written demand of the City Manager or their designee, be removed or relocated in such a way as to eliminate the conflict. Should the permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the placement at the expense of the permittee. Any such non-compliance shall also be a violation of this Section.

4. Permits issued under the Section shall be posted in plain view within the commercial establishment for which the permit has been issued along with any other relevant permits that support health and safety of patrons and the general public.

5. By accepting a permit under this Section, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by

Page 10 of 17 ends

Page 30 ends

Ordinance No. 7,935-N.S. Page 11 of 17
reason of the permittee’s installation, operation, maintenance or removal of Sidewalk Seating, Furniture, Benches and/or Planters.

6. Prior to permit approval, the permittee shall demonstrate possession of liability insurance in the amount of $1,000,000 for Benches and Planters, and related Sidewalk Seating furniture. Said insurance shall name the City of Berkeley as additionally insured and shall be in a form acceptable to the City Attorney.

7. The permittee shall monitor and control the use of the Sidewalk Seating so as to prevent disturbance of the surrounding neighborhood.

8. A food service establishment that proposes to serve alcoholic beverages within an outdoor dining area shall comply with the standards established by the State of California Department of Alcoholic Beverage Control. The dining area shall be:
(a) Physically defined and clearly part of the commercial establishment it serves; and
(b) Supervised by a commercial establishment employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

E. Permits under this Section are not transferable, and must be renewed annually.

F. Sidewalk Seating, Benches, Furniture, and/or Planters that are not permitted under this Section are prohibited encroachments under Chapter 16.18, and shall constitute public nuisances subject to the remedies in Chapter 1.26.

G. The City Council may by resolution establish or waive fees for the implementation and administration of this Section. Outdoor Commerce Use Fees shall be equivalent to the expected block face parking revenue from the parking spaces used by the permittee, and shall be treated as Parking Meter Fund revenue.

14.48.160 Removal of obstructions on streets and sidewalks.

Anything placed or permitted to remain upon any sidewalk or roadway in violation of this Chapter, is declared to constitute a nuisance and the City is authorized and empowered to abate such nuisance by removing the same to the custodian of lost property in the Police Department or the Corporation Yard of the City, or other location designated by the City.

Page 11 of 17 ends

Page 31 ends

Ordinance No. 7,935-N.S. Page 12 of 17

14.48.170 Use of streets and sidewalks by vendors.

Any properly licensed vendor may use the public streets of the City in commercial or industrial zones for the sale of goods, wares, merchandise, or food when conducted under the conditions stated in this section.

A. Sidewalk vending is permitted as regulated by Chapter 9.48 of the Berkeley Municipal Code.

B. Other street vending is permitted from vehicles which are lawfully parked upon streets which are not regulated by parking meters or other posted parking time limits.

C. It is unlawful for any person to vend in violation of this section.

14.48.180 Trap doors in sidewalks.

A. Trap doors in sidewalks used to cover an opening for an elevator, stairway or chute must be kept in such a condition that they will not endanger persons or property, and it is unlawful for any person owning or being in charge or control of any such doors in sidewalks used for covering entrances to elevators, stairways or chutes, or other openings in the sidewalk leading to the basement, to allow said doors to remain open, except when such elevator, stairway or chute is being used and monitored for pedestrian safety while loading or unloading or transferring of merchandise or material.

B. The requirements of this section shall be in addition to and not in lieu of any other ordinance of the City having to do with doors or other openings in sidewalks.

14.48.190 Parklets.

A. Notwithstanding anything to the contrary in this Chapter, the City of Berkeley Engineering Division of the Department of Public Works, or its successor, may approve Parklets, Benches and/or Planters in the public right of way (excluding Sidewalks alone, which are subject to and governed by Section 14.48.200) as set forth in, and in compliance with, this Section.

1. No permit may be issued under this Section for any right-of-way area in front of a single parcel if there are any current violations of this Chapter in that right-of-way area.

Page 12 of 17 ends

Page 32 ends

Ordinance No. 7,935-N.S. Page 13 of 17

2. A permit for a Parklet may not be issued unless the parklet Host is in full compliance with all applicable requirements of Title 23 and any Permit issued thereunder.

3. A permit for a Parklet may only be issued adjacent to parcels in the following zoning districts: all Commercial (C-prefixed districts), Mixed-Use Light Industrial (MU- LI), Mixed-Use Residential (MU-R), and Mixed Manufacturing (MM).

B. For purposes of this Chapter, the following terms shall be defined as follows:

1. "Bench" means a seat designed for two or more persons.

2. "Bike Parking" means a location with bike racks intended for the secure parking of bicycles.

3. "Furniture" means amenities such as but not limited to tables, chairs, benches, and other equipment that facilitates the stationary use of public space.

4. "Parklet" means a platform or similar level surface extending into the public right of way with amenities such as but not limited to tables and/or chairs (including Benches), Bike Parking, and umbrellas, designated as public space, located in or on the public right-of-way or resting on, or projecting into, the sidewalk and parking area, which are not physically or structurally attached to a building, retaining wall or fence.

Platforms that meet this definition but have received a Sidewalk Seating Permit pursuant to BMC Section 14.48.150 shall not be considered Parklets.

5. "Planter" means a container that is designed or used for growing plants.

6. "Sidewalk" has the same meaning as set forth in Section 1.04.010(18).

7. "Sponsoring Business", "Host", "Permit Holder" or "Permittee" means, and is limited to, any establishment engaged in insuring and caring for the Parklet as set forth in the Parklet maintenance agreement.

8. "Transit Stop" means an AC Transit bus stop, UC Berkeley bus stop, a paratransit bus stop, Bay Area Rapid Transit station entrance, or another public transit provider.

C. Parklets, Benches and Planters shall fully conform to the following requirements of this subdivision:

Page 13 of 17 ends

Page 33 ends

Ordinance No. 7,935-N.S. Page 14 of 17

1. Any object permitted under this Section shall leave a minimum of clear space as the Engineering Division finds necessary to protect and enhance pedestrian or vehicle traffic for public use in and around the Parklet area, as that space is determined by the City of Berkeley Engineering Division of the Department of Public Works, or its successor.

2. Parklets shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards.

3. Objects permitted under this Section shall not:
(a) Unduly interfere with access by public employees and utility workers to meters, fire hydrants or other objects (street hardware) in the right-of-way; (b) Block or obstruct the view of necessary authorized traffic devices; (c) Unduly interfere with pedestrian traffic in the right-of-way, including the Sidewalk, pedestrian safety, traffic circulation, and/or vehicular safety; (d) Be closer than 25 feet to any curb return or fire hydrant; except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, a parklet, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate; (e) Be affixed to any City or utility company-owned poles or appurtenances; (f) The width of the Parklet must not extend beyond six feet from the curb line, except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, a Parklet, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate.

4. All Parklets shall be subject to the following additional standards and requirements:
(a) Parklets must remain publicly accessible and must include signage posted on site to this effect;
(b) Parklet construction materials must be of high quality, durable, and suitable for public use;

Page 14 of 17 ends

Page 34 ends

Ordinance No. 7,935-N.S. Page 15 of 17
(c) A visible edge to the Parklet is required, which may consist of Planters, railing, or cabling. The edges should be visually permeable; (d) The Permittee shall regularly inspect and clean the Parklet and that portion of the public sidewalk adjacent to the Parklet;
(e) Access panels must be included in order to maintain the gutter and area underneath the Parklet and the design must allow for drainage along the gutter to pass underneath the Parklet;
(f) Safe hit posts and wheel stops, or approved equivalents, may be required. If Bike Parking is provided, the bike racks can be at street grade;

5. All Benches, Furniture, and Planters within the Parklet shall be subject to the following additional standards and requirements:
(a) All proposals shall comply with any design requirements adopted by the City for Benches, Planters and/or plant material;
(b) All non-secured Parklet components shall be stored in a secure location on private property when not in use;
(c) Any unsecured Furniture must be clearly different from the Furniture used by a Parklet Host in order to emphasize that the Parklet is public space, as determined by City staff;
D. All permits issued under this Section shall be subject to the following conditions:

1. The Permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of the area affected by any object(s) permitted by this Section, including any design requirements hereafter enacted, from the building frontage to the right-of-way, including the Parklet area.

2. The Permittee shall restrict any objects permitted under this Section to the approved location(s) and configuration, ensure compliance with all applicable laws, and the number and configuration of Benches, Furniture and Planters and overall square footage of the Parklet shall not be modified without prior approval of the Public Works Department.

Page 15 of 17 ends

Page 35 ends

Ordinance No. 7,935-N.S. Page 16 of 17

3. When any objects permitted under this Section are found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any existing or proposed City design plans, those objects shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict, at the sole expense of the Permittee. Should the Permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the placement at the expense of the Permittee. Any such non-compliance shall also be a violation of this Section.

4. Permits issued under the Section, when under review prior to issuance shall be posted in plain view within the sponsoring establishment(s) for which the permit has been issued. Public notice, permitting, and appeal for Parklets are set forth in BMC Section 16.18.060 (Permit procedure for minor encroachment) of the Berkeley Municipal Code. Section D(4) is not applicable in cases of declared local emergency due to disease outbreak. Upon termination of a declared local emergency due to disease outbreak within 365 days, a permittee must:
(a) pay the permit fee for a minor encroachment and comply with all the requirements of this Section and Section 16.18.060, except that public notice requirements shall not be required; or
(b) apply for a Sidewalk Seating Permit pursuant to BMC Section 14.48.150, and pay initial annual outdoor commerce use fee (the application permit fee for transitioning permits will be waived); or
(c) remove the Parklet from the public right-of-way.

5. By accepting a permit under this Section, the Permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the Permittee’s installation, operation, maintenance or removal of the Parklet, Benches and/or Planters.

6. Prior to permit approval, the Permittee shall demonstrate possession of liability insurance, in the amount not less than $1,000,000, for the Parklet including any associated Benches, Planters and Furniture. Said insurance shall name the City of Berkeley as an additional insured and shall be in a form acceptable to the City Attorney.

Page 16 of 17 ends

Page 36 ends

Ordinance No. 7,935-N.S. Page 17 of 17

7. The City Manager or their designee may require a performance bond to ensure Parklet removal in the event of a permit cancellation.

8. The Permittee shall monitor and control the use of the Parklet to prevent disturbance of the surrounding neighborhood.

9. A Sponsoring Business or other business is not permitted to perform table service at a Parklet or otherwise incorporate a Parklet into its business operations. Section D(9) is not applicable in cases of declared local emergency due to disease outbreak.

10. Commercial signage, smoking, and advertising are prohibited at Parklets.

E. Parklets, Benches and/or Planters that are not permitted under this Section are prohibited encroachments under Chapter 16.18, and shall constitute public nuisances subject to the remedies in Chapter 1.26.

F. The City Council may by resolution establish or waive fees and guidelines for the implementation and administration of this Section.

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

At a regular meeting of the Council of the City of Berkeley held on September 10, 2024 this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Humbert, Kesarwani, Taplin, Tregub, Wengraf, and Arreguin.

Noes: Lunaparra.

Absent: None.

Page 17 of 17 ends

Page 37 ends

Page 38 ends

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: https://berkeleyca.gov/

CONSENT CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Establish 2025 City Council Meeting Schedule

RECOMMENDATION
Adopt a Resolution establishing the City Council regular meeting schedule for 2025, with starting times of 6:00 p.m.

FISCAL IMPACTS OF RECOMMENDATION
None.

BACKGROUND
Pursuant to the Open Government Ordinance, the Council must adopt an annual regular meeting schedule with at least 24 regular meetings. The schedule generally consists of either two or three meetings per month and provides for Spring, Summer and Winter recess periods. Meetings have not been scheduled on City holidays, Election Day or days of major religious/cultural observances that have work restrictions for common observance in the Unites States pursuant to Council policy.

The Mayor or a majority of the Council may call special meetings as needed. The Council may also amend the regular meeting schedule when necessary.

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

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: 2025 Council Calendar
2: List of Religious/Cultural Observances for 2025

Page 1 of 4 ends

Page 39 ends

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

ADOPTING THE CITY COUNCIL 2025 REGULAR MEETING SCHEDULE WHEREAS, pursuant to the Open Government Ordinance, the Council must adopt an annual meeting schedule with at least 24 regular meetings; and WHEREAS, the proposed schedule (Exhibit A) provides for regular meetings to occur with starting times of 6:00 p.m. on specified Tuesdays of each month with exceptions provided for recess periods or when a meeting would fall on a City, religious or cultural holiday with work restrictions or Election Day; and
WHEREAS, the Council desires to establish as part of their schedule a Winter, Spring and Summer recess period for 2025; and
WHEREAS, the Mayor or a majority of the Council may call special meetings or revise the regular meeting schedule when necessary.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council adopts the 2025 regular meeting schedule on specified Tuesdays at 6:00 p.m. as indicated:

Winter Recess: December 11, 2024 – January 20, 2025
January 21, 2025
February 11 and February 25, 2025
March 11, March 18 and March 25, 2025
Spring Recess: March 26 – April 14, 2025
April 15 and April 29, 2025
May 6 and May 20, 2025
June 3, June 17 and June 24, 2025
July 8, July 22 and July 29, 2025
Summer Recess: July 30 – September 8, 2025
September 9, September 16 and September 30, 2025
October 14 and October 28, 2025
November 4 and November 18, 2025
December 2, 2025
Winter Recess: December 3, 2025 – January 26, 2026
Exhibit A: 2025 Council Calendar

Page 2 of 4 ends

Page 40 ends

City Clerk Department 2025 Council Calendar
(Subject to change. For the latest information, please contact the City Clerk Department, 510-981-6900.)

Page 1 ends

Date Time
January
Winter Recess (Dec. 11, 2024 – Jan. 20, 2025)
Jan 21 6:00 p.m.

February
Feb 11 6:00 p.m.

Feb 25 6:00 p.m.

March
Mar 11 6:00 p.m.

Mar 18 6:00 p.m.

Mar 25 6:00 p.m.

April
Spring Recess (March 26 – April 14, 2025)
April 15 6:00 p.m.

April 29 6:00 p.m.

May
May 6 6:00 p.m.

May 20 6:00 p.m.

June
June 3 6:00 p.m.

June 17 6:00 p.m.

June 24 6:00 p.m.

July
July 8 6:00 p.m.

July 22 6:00 p.m.

July 29 6:00 p.m.

Summer Recess (July 30 – Sept. 8, 2025)
September
Sept 9 6:00 p.m.

Sept 16 6:00 p.m.

Sept 30 6:00 p.m.

October
Oct 14 6:00 p.m.

Oct 28 6:00 p.m.

November
Nov 4 6:00 p.m.

Nov 18 6:00 p.m.

December
Dec 2 6:00 p.m.

Winter Recess (Dec. 3, 2025 – Jan. 26, 2026)
Exhibit A

Page 3 of 4 ends

Page 41 ends

City Policy Regarding the Scheduling of City Meetings on All Significant Religious Holidays Religion Holiday
Shinto New Year 1/1/2025 thru 1/3/2025
Hindu Makar Sankranti 1/14/2025
Cultural Chinese New Year (Eve, Day, Lantern Festival) 1/28, 1/29, 2/12 Isalm Ramadan (Eve & First Night) 2/28/2024 thru 3/1/2025 Hindu Holi 3/14/2025
Islam Eid al-Fitr 3/30/2025 thru 3/31/2025
Jewish Passover Nights 1 & 2 (7*, 8*) 4/12 - 4/13 (4/19, 4/20) Christian Good Friday 4/18/2025
Christian Easter Sunday 4/20/2025
Buddhist Vesak 5/12/2025
Jewish Shavuot* 6/1/2025 thru 6/3/2025
Islam Eid al-Adha 6/6/2025 thru 6/7/2025
Shinto Obon Ceremony* 8/13/2025 thru 8/15/2025
Jewish Rosh Hashanah 9/22/2025 thru 9/24/2025
Jewish Yom Kippur 10/1/2025 thru 10/2/2025
Hindu Dussehra 10/2/2025
Jewish Sukkot (1st Day)* 10/6/2025 thru 10/7/2025
Jewish Shmini Atzeret/ Simchat Torah* 10/13/2025 thru 10/15/2025 Hindu Diwali 10/20/2025
Baha’i Faith Birth of Bab 10/22/2025
Baha’i Faith Birth of Baha’u’llah 10/23/2025
Jewish Chanukah (1st night) 12/14/2025
Christian Christmas 12/25/2025
Cultural Kwanzaa 12/26/2025 thru 1/1/2026
Jewish Shabbat (Friday sunset to Saturday sunset)* Weekly * Meetings not prohibited, but avoid scheduling meetings if possible 2025 Date(s)
Pursuant to Resolution No. 70,066-N.S., it is the policy of the City to avoid scheduling meetings of City Legislative Bodies (City Council, Policy Committees, Commissions, Task Forces) on religious holidays that incorporate significant work restrictions for common observance in the United States. City legislative bodies must avoid scheduling meetings on the religious holidays listed below.

Attachment 2Page 4 of 4

Page 42 ends

Internal
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: https://berkeleyca.gov/

CONSENT CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council From: LaTanya Bellow, Interim City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 24, 2024

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $5,500,000 PROJECT Fund Source Amount
Citywide custodial
services: Cleaning and
supplying designated city
facilities
673
636
101
Prof. Services – Misc. $5,500,000
Total: $ 5,500,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

Page 1 of 4 ends

Page 43 ends

Internal
Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on September 24, 2024 CONSENT CALENDAR
September 24, 2024

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Soorma, Senior Buyer, Finance, 510-981-7311
Attachments:
1) Citywide custodial services: Cleaning and supplying designated city facilities Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

Page 2 of 4 ends

Page 44 ends

NEXT 30 DAYS
DATE SUBMITTED: SEPTEMBER 24, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
25-11680-C Citywide custodial
services: Cleaning
and supplying
designated city
facilities
09/11/24 10/1/24 Citywide custodial services. Daily,
weekly, monthly janitorial services
including but not limited to:
sweeping, dusting, mopping,
cleaning glass surfaces, spot
cleaning, emptying waste
receptacles, vacuuming,
sanitizing/disinfecting areas and
other related duties.
$5.5 million over
three years, option
to extend by 2 years
673-54-624-696-0000-
000-474-622110-
$400,000 ($282k
available rest to be
modded and/or added
via AAO1)
636-54-624-696-0000-
000-474-622110-
$300,000 ($213k
available rest to be
modded and/or added
by AAO1)
101-22-242-272-0000-
000-463-622110-
($430k)
Plus TBD funding from
various departments
and funding sources
(there’s a lot!)
Public Works / Facilities
Services
Library
Parks/Recreation/Waterfront
Police Dept.

Fire Dept.

Health, Housing & Community
Svcs
Tucker Brofft
510- 981-5375
Erika Barros
510-981-6462
Aaron Baker
510-501-7705
DEPT. TOTAL $ 5,500,000
TOTAL $ 5,500,000
1 of 2

Page 3 of 4 ends

Page 45 ends

Page 4 of 4 ends

Page 46 ends

CONSENT CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: Reconnecting Communities Pilot (RCP) Discretionary Grant Program for the Santa Fe Railroad Trackbed to Park Conversion Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or their designee to: submit a grant application in the amount of up to $5 million to the U.S. Department of Transportation for the Reconnecting Communities Pilot (RCP) Discretionary Grant Program (second round) for the Santa Fe Railroad Trackbed to Park Conversion Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FINANCIAL IMPLICATIONS
The RCP Grant requires a 50% match of non-federal funds. In 2022, the City received a $5 million dollar grant from the Proposition 68 Statewide Parks Program (SPP), which will be used as the non-federal match for the RCP grant application.

CURRENT SITUATION AND ITS EFFECTS
In July of 2024, the Reconnecting Communities Pilot (RCP) Discretionary Grant Program announced a second Notice of Funding Opportunity DOT-RCP-FY24-01, due September 30, 2024. This grant program was established in the Bipartisan Infrastructure Law (BIL) to advance community-centered transportation connection projects, with a priority for projects that benefit disadvantaged communities by improving access to daily needs such as jobs, education, healthcare, food, nature, and recreation, and foster equitable development and restoration, and provide technical assistance to further these goals. This grant is for projects that reconnect communities by removing, retrofitting, or mitigating transportation facilities that create barriers to community connectivity, such as the former Santa Fe Railroad land that sits vacant with soils that need to be remediated.

The City’s Parks, Recreation & Waterfront Department applied to the RCN (first round) in September 2023 and did not receive a grant award, but was encouraged to re-apply.

Page 1 of 3 ends

Page 47 ends

Grant Application: the federal Reconnecting Communities CONSENT CALENDAR Pilot Grant Program (RCP) for the Santa Fe Railroad September 24, 2024 Trackbed to Park Conversion Project

Page 2 ends

During the design phase, the City contracted with a professional environmental consultant to conduct soil sampling needed to understand the extent of soil remediation required. The sampling results found that additional remediation is needed over and above the initial cost estimate, and new grant funds are needed to complete the project.

BACKGROUND
On April 20, 2021, Council authorized staff to submit a California Proposition 68 Statewide Parks Program grant application for the Santa Fe Railroad Trackbed to Park Conversion Project and execute the project upon securing the grant. In early 2022, the City was notified of a grant award of $5 million and on March 14, 2022 the grant contract was executed. The City is currently in the design phase of the project, which included the preparation of a CEQA environmental review document. On July 6, 2021, the City filed a CEQA Notice of Exemption for the project at the Alameda County Clerk- Recorders Office.

The Santa Fe Railroad Trackbed to Park Conversion Project is located at the four former railroad parcels between Blake Street and Ward Street, along Acton Street. The Project will remediate the contaminated soil left behind by one hundred years of railroad activity and convert four vacant parcels into a community garden, separate dog park, children’s playground and tot cycle track, and a teaching garden and outdoor classroom.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project will help the City promote two goals contained in the City’s Climate Action Plan: Goal 2 of Chapter 3 involves increasing access to parks and plazas; and Goal 1 of Chapter 6 involves making Berkeley resilient to the impacts of climate change by designing public improvements such as parks for retention and infiltration of stormwater.

RATIONALE FOR RECOMMENDATION
These grant funds will allow the City to complete this project to create new parkland in Southwest Berkeley. The allocation of existing funds for parks improvement projects allows the City to apply for grant opportunities that require significant matching funds.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Evelyn Chan, Supervising Civil Engineer, PRW, 981-6430
Attachments
1: Resolution

Page 2 of 3 ends

Page 48 ends

RESOLUTION NO. -N.S
GRANT APPLICATION: THE RECONNECTING COMMUNITIES PILOT (RCP)

DISCRETIONARY GRANT PROGRAM FOR THE SANTA FE RAILROAD TRACKBED

TO PARK CONVERSION PROJECT
WHEREAS, in July of 2024, the Reconnecting Communities Pilot (RCP) Discretionary Grant Program announced a second Notice of Funding Opportunity DOT-RCP-FY24- 01, due September 30, 2024; and
WHEREAS, the RCP Grant requires a 50% match of non-federal funds; and WHEREAS, in 2022, the City received a $5 million dollar grant from the Proposition 68 Statewide Parks Program (SPP), which will be used as the non-federal match for the RCP grant application; and
WHEREAS, during the design phase, the City discovered that additional soil remediation is needed over and above the initial cost estimate, and new grant funds are needed to complete the project; and
WHEREAS, the Santa Fe Railroad Trackbed to Park Conversion Project is located at the four former railroad parcels between Blake Street and Ward Street, along Acton Street. The Project will remediate the contaminated soil left behind by one hundred years of railroad activity and convert four vacant parcels into a community garden, separate dog park, children’s playground and tot cycle track, and a teaching garden and outdoor classroom.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or their designee is authorized to: submit an application to the Reconnecting Communities Pilot (RCP) Discretionary Grant Program for the Santa Fe Railroad Trackbed to Park Conversion Project in the amount of up to $5 million; to accept any grants; to execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

Page 3 of 3 ends

Page 49 ends

Page 50 ends

Civic Arts Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: Civic Arts Commission
Submitted by: Dana Blecher, Chairperson, Civic Arts Commission Subject: Civic Arts Commission Fund Request - Mitigation Fee Nexus Study, Public Art on Private Development Requirement

RECOMMENDATION
The Civic Arts Commission recommends that the City Council allocate $125,000 in the FY24/25 Budget to fund a nexus study on the existing Public Art on Private Development Requirement (Berkeley Municipal Code 23.316), which was established in 2017. The Civic Arts Commission would like to make changes to the requirement to ensure ongoing support for the arts and culture sector in Berkeley. In order to make any changes to the Public Art on Private Development Requirement, first a nexus study is required by the State of California’s Mitigation Fee Act.

SUMMARY
Established by ordinance in 2017, the City’s Public Art on Private Development Requirement, codified in the Berkeley Municipal Code (BMC) section 23.316, requires that construction developers of private property in Berkeley do one of the following:

A. Include on-site publicly accessible art valued at 1.75 percent of the construction cost. If the value of on-site publicly accessible art as installed is less than 1.75 percent of the construction cost, an amount equal to 80 percent of the difference in value shall be paid to the City of Berkeley as an in-lieu fee.

B. Pay an in-lieu fee to the City of 0.80 percent of the construction cost.

This requirement applies to:
● New multifamily residential projects of five or more dwelling units ● New commercial structures
● New industrial structures
● All construction of building additions exceeding 10,000 square feet The following project types are exempt from the requirement:
● Development projects where at least 60 percent of the units are affordable housing
● Buildings with religious assembly uses or nonprofit arts/cultural uses ● Transitional housing

Page 1 of 7 ends

Page 51 ends

Civic Arts Commission: Requesting funds for a Mitigation Fee Nexus Study CONSENT CALENDAR September 24, 2024
A complete list of projects participating in this program current though July 2024, entitled “Private Percent Project Payment Tracking” is included in this report as Attachment 1.

In the eight years since the Public Art on Private Development Requirement was established, City Zoning regulations and State laws have changed which have impacted the public art requirement and are preventing it from fully fulfilling its original intent. The Civic Arts Commission wishes to address these issues by making amendments to Berkeley Municipal Code 23.316.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impact of this recommendation is the allocation of $125,000 in General Funds in Fiscal Year 2024/2025 to fund a mitigation fee Nexus Study for the Public Art on Private Development Requirement. The cost of the Nexus Study cannot be funded from the fees collected through the Public Art on Private Development Requirement, because those funds are limited by policy to expenditures related to public art and the staffing to administer the projects.

CURRENT SITUATION AND ITS EFFECTS
Since the establishment of the Public Art on Private Development Requirement in 2017, the Civic Arts Commission has noted the following issues that it would like to address by making amendments to Berkeley Municipal Code 23.316.

1. Currently projects that were not expressly exempt from this requirement are seeking an exemption by claiming that their project’s type of structure is not expressly included in the “applicability” section (for example “Group Living Accommodations”). To address this, changes could be made to 23.316.020 Applicability, specifically by editing section “B. Uses.” in this chapter to “Structures” so that it would apply to all types of structures, not just “residential, commercial, and industrial.”

2. In 2023, the City made administrative changes to Zoning BMC Section 23.328 (Inclusionary Housing) which changed thresholds used for the affordable housing in-lieu fee from a “per unit” threshold to square feet. This created a discrepancy with the thresholds used in the Public Art Requirement section where the threshold of “five or more dwelling units” is used. To address this, the Public Art Requirement thresholds could be changed to bring consistency between the methodology used in the two requirements.

3. The Commission is interested in exploring the inclusion of another option beyond “on-site art” or “paying an in-lieu fee” such as allowing developers to designate a percentage of construction costs to build out publicly accessible non-profit arts venue space at the ground floor that would be designated as such in perpetuity.

4. Currently, pursuant to the State Density Bonus law, developers are able to request concessions to waive the public art requirement for projects that have a certain increased percent of inclusionary affordable housing.

Page 2 of 7 ends

Page 52 ends

Civic Arts Commission: Requesting funds for a Mitigation Fee Nexus Study CONSENT CALENDAR September 24, 2024
The Commission is interested in exploring zoning amendments that would result in fewer developers leveraging concessions to waive the Public Art Requirement, and instead:
a. Alternatively, explore whether inclusionary affordable units can be set aside for artists/arts workers when developers seek concessions on the public art requirement.
b. Change the Public Art Requirement to be solely a Mitigation Impact Fee so that it is not on the list of costs that may be waived as a “concession” as is currently allowed under the State Density Bonus laws.

BACKGROUND
The City of Berkeley is well known for its diversity in art, music and culture. Arts and culture are also an important economic engine, bringing visitors from throughout the region and world to Berkeley to take part in our community’s numerous cultural activities and admire our public art program. The City of Berkeley established the Public Art in Private Development policy by Ordinance in 2017, which requires qualifying private development projects to either incorporate a public art element or pay an in-lieu fee to the Cultural Trust Fund to support the ongoing activities outlined above. The Public Art on Private Development Program plays an essential role in maintaining and advancing Berkeley’s cultural arts landscape.

Public Art Program Impact
Since the establishment of Public Art in Private Development policy and the adoption of the Ordinance in 2017, 49 development projects have completed their Public Art on Private Development requirement as follows:
● 8 have created on-site public art (Total value = $1,347,013) ● 35 have paid the in-lieu fee (Total collected = $4,729,284) ● 6 had “State Density Bonus” concessions granted to waive the public art requirement (Art requirement amount waived = $89,793,613 for three of the six projects - three did not provide values.)
There are currently 53 eligible projects in the development pipeline:
● 10 stated intentions to create on-site public art (Estimated total value = $2,429,949)
● 41 stated intentions to pay the in-lieu fee (Estimated total = $5,995,920) ● 1 stated intention to seek a “State Density Bonus” concession to waive the public art requirement (Value unknown.)
Details for all the development projects being tracked as subject to this requirement may be found in Attachment 1, the total received as of July 2024, since program inception is approximately $4.73M.

Use of In-Lieu Funds
By policy, 70% of the monies received from art in-lieu fees contributed primarily from commercial developers on large-scale projects goes towards acquiring and installing public art in the City of Berkeley. The recent sculpture by Mildred Howard installed near

Page 3 of 7 ends

Page 53 ends

Civic Arts Commission: Requesting funds for a Mitigation Fee Nexus Study CONSENT CALENDAR September 24, 2024
BART’s Ashby Station is an example of such an acquisition. The City of Berkeley has many unfunded Public Art needs that are dependent upon this fund source. For example, there are some projects which have been identified on the Civic Arts Commission Work Plan, which have not yet been fully funded through this fund source, such as Turtle Island Monument.
20% of the art in-lieu fees goes to administration which in turn support a portion of staff salaries for two FTEs in the Civic Arts team. These staff manage public art selection processes, contracts with artists, fabrication of artwork, installation of art and maintenance of the City’s art collection. These functions are essential to maintaining the high quality of cultural arts in the City of Berkeley.

The remaining 10% of the art in-lieu fee contributes to the care and maintenance of existing public art in the City’s public art collection, an essential factor in responsible art ownership. The recent cleaning and restoration of the Mak Roote murals at the University Avenue underpass at the Berkeley Amtrak station is an excellent case in point where several City departments teamed up to restore commissioned murals from the natural occurring weather damage but also to clean and beautify the surrounding area to greatly improve the setting for the artworks. This budget allows for the proper care and maintenance of dozens of public artworks in the City of Berkeley public art collection.

In 2019, the Civic Arts Program completed a comprehensive assessment of the City’s Public Art Collection, which included a complete inventory and condition evaluation of all the artworks in the City’s collection. The assessment found that 65% of the City’s outdoor artworks require conservation attention. The estimated cost to conserve all the artworks in need of treatment is between $782,135 to $995,530. To preserve the collection, the artwork should also be regularly maintained at a cost of approximately $50,000 annually. Additionally, artwork is sometimes vandalized, and those repair costs can vary depending upon the damage.

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

RATIONALE FOR RECOMMENDATION
The Public Art on Private Development Program is critical in the acquisition, installation, care and maintenance of many of the cultural artifacts and artworks that are integral to the City of Berkeley’s unique identity. These attributes are world-renown, enjoyed by the public and can attract residents/tenants to reside in Berkeley. As the state law related to housing and private development evolves, so must the public art program and its fee structure.

ALTERNATIVE ACTIONS CONSIDERED
None.

Page 4 of 7 ends

Page 54 ends

Civic Arts Commission: Requesting funds for a Mitigation Fee Nexus Study CONSENT CALENDAR September 24, 2024

CIVIC ARTS COMMISSION APPROVAL
The Civic Arts Commission took the following action at their regular meeting on July 24, 2024:

M/S/C (Covarrubias/Blecher) to request Council Referral for amendments to the Public Art on Private Development Ordinance and Budget Referral Request for Fee Nexus Study.

Vote: Ayes — Anno, Bachrach, Blecher, Covarrubias, Crandall, Ibarra, Pineda, Woo; Nays — None; Abstain — None; Absent — Bullwinkel.

CITY MANAGER
The City Manager takes no position on the content and recommendations of the Commission’s Report.

CONTACT PERSON
Jennifer Lovvorn, Secretary, Civic Arts Commission, (510) 981-7533 Attachment:
1: Public Art on Private Development, Private Percent Project Payment Tracking, 2024.

Page 5 of 7 ends

Page 55 ends

Attachment 1: Public Art on Private Development Projects Tracker PUBLIC ART ON PRIVATE DEVELOPMENT Date: 7/24/2024
Fiscal
Year Project Address Project Street Type On‐Site Art Value On‐Site Art Admin 5%
Fee
In‐Lieu Fee Payment
Amount Date Paid
Fee Waived: State
Density Bonus
Concession Amount
On‐
Site
Art
In‐
Lieu
Fee
Fee
Waive
d
Cumulative Totals:

Number of On‐site
Art Projects
Cumulative Totals:

Value of On‐site
Art Projects
Cumulative
Totals: Number
In‐Lieu Fees
Cumulative Totals:

Total In‐Lieu Fees
Cumulative
Totals:

Number Fee
Waived
Cumulative
Totals: Total
Amount Fees
Waived
FY19
1717 University On‐Site Art ‐ Final Art Plan Approved    1 1950 Addison On‐Site Art ‐ Final Art Plan Approved $252,682.00 1 2120 Berkeley On‐Site Art ‐ Final Art Plan Approved $60,000.00 1 2124 BANCROFT In‐Lieu Fee Paid   $60,186.58 8/4/2017 1
2029 BLAKE In‐Lieu Fee Paid $126,400.00 8/7/2017 1
$312,682.00 $0.00 $186,586.58 3 2 3 $312,682.00 2 $0.00 FY20
2503 HASTE On‐Site Art Plan approved & Admin Fee Paid $328,460.28 $16,423.01 3/1/2019 1 2510 CHANNING In‐Lieu Fee Paid $106,664.00 4/17/2019 1 2621 TENTH In‐Lieu Fee Paid $84,000.00 5/17/2019 1
739 CHANNING In‐Lieu Fee Paid $20,388.00 5/23/2019 1
2580 Bancroft In‐Lieu Fee Paid $235,569.89 6/27/2019 for FY20 1 $328,460.28 $16,423.01 $446,621.89 1 4 4 $641,142.28 6 $463,044.90 FY21
2628 SHATTUCK In‐Lieu Fee Paid $88,879.00 9/3/2019 1
999 ANTHONY In‐Lieu Fee Paid $25,200.00 12/18/2019 1
2100 SAN PABLO In‐Lieu Fee Paid $144,000.00 2/21/2020 1 2072 Addison In‐Lieu Fee Paid $74,936.00 2/24/2020 1
2452 Durant On‐Site Art ‐ Final Art Plan Approved $42,185.00 1 2556 TELEGRAPH On‐Site Art Plan approved & Admin Fee Paid $103,722.50 $5,186.13 5/20/2020 1 2028 BANCROFT In‐Lieu Fee Paid $48,000.00 8/27/2020 1
$145,907.50 $5,186.13 $381,015.00 2 5 6 $787,049.78 11 $849,246.03 FY22
2229 FOURTH/2222 5th Street In‐Lieu Fee Paid $17,360.21 5/26/2021 1 $0.00 $0.00 $17,360.21 0 1 6 $787,049.78 12 $866,606.24 FY23
Bayer Annual Payment FY23 Community Benefit Agreeement $60,000.00 6/30/2023 3000 SAN PABLO In‐Lieu Fee Paid $72,329.13 9/22/2021 1 2176 Kittredge (Same Project) In‐Lieu Fee Paid   $236,792.00 11/3/2021 1 2176 Kittredge (Same Project) In‐Lieu Fee Paid $49,748.00 12/23/2021 2025 Kala Bagai Way In‐Lieu Fee Paid $31,002.00 11/19/2021 1 600 Addison In‐Lieu Fee Paid $1,414,578.00 12/21/2021 1 2352 Shattuck (Combo Art and Fee) In‐Lieu Fee Paid   $230,166.07 1/25/2022 1 2352 Shattuck (Combo Art and Fee) On‐Site Art Plan approved & Admin Fee Paid $425,250.00 $21,262.50 1/25/2022 1 2902 ADELINE In‐Lieu Fee Paid $80,000.00 4/11/2022 1
2000 Dwight In‐Lieu Fee Paid $115,625.00 4/13/2022 1
2701 SHATTUCK In‐Lieu Fee Paid $37,352.90 6/21/2022 1
2099 MLK In‐Lieu Fee Paid $103,304.58 6/23/2022 1
$425,250.00 $21,262.50 $2,430,897.68 1 9 7 $1,212,299.78 21 $3,318,766.42 FY24
Bayer Annual Payment FY24 Community Benefit Agreeement $62,424.00 9/30/2023 1951 SHATTUCK In‐Lieu Fee Paid $480,000.00 7/19/2022 1 2000 University In‐Lieu Fee Paid $41,388.52 7/20/2022 1 1331 ASHBY In‐Lieu Fee Paid $7,040.00 7/21/2022 1
787 BANCROFT In‐Lieu Fee Paid $164,905.22 9/20/2022 1
2213 Fourth In‐Lieu Fee Paid $96,000.00 9/20/2022 1
2650 TELEGRAPH In‐Lieu Fee Paid $46,278.00 9/22/2022 1 $0.00 $0.00 $898,035.74 $0.00 0 6 0 7 $1,212,299.78 27 $4,216,802.16 0 $0.00 FY25
Bayer Annual Payment FY25 Community Benefit Agreeement $63,672.00 not yet paid 2067 University In‐Lieu Fee Paid $36,711.74 7/13/2023 1 2434 SAN PABLO In‐Lieu Fee Paid   $9,600.00 9/28/2023 1 1773 Oxford   In‐Lieu Fee Paid   $30,548.77 10/2/2023 1 2590 BANCROFT In‐Lieu Fee Paid $110,964.00 10/24/2023 1 2317 Channing In‐Lieu Fee Paid   $23,274.81 11/7/2023 1 2403 SAN PABLO On‐Site Art Plan approved & Admin Fee Paid $134,714.00 $6,735.70 5/1/2024 1 2555 College In‐Lieu Fee Paid $13,115.15 5/9/2024 1
2480 Bancroft Fee Waived: State Density Bonus Concession 5/1/2023 $61,443 1 1950 Shattuck Fee Waived: State Density Bonus Concession 3/12/2024 $89,627,324 1 2109 Milvia Fee Waived: State Density Bonus Concession 3/12/2024 $116,290 1 2037 Durant Fee Waived: State Density Bonus Concession 5/21/2024 1 2680 BANCROFT Fee Waived: State Density Bonus Concession 6/25/2024 1 2036 BANCROFT Fee Waived: State Density Bonus Concession 6/25/2024 1 $134,714.00 $6,735.70 $224,214.47 $89,805,056.69 1 6 6 8 $1,347,013.78 33 $4,447,752.33 6 $89,805,056.69 FY26

Page 6 of 7 ends

Page 56 ends

Attachment 1: Public Art on Private Development Projects Tracker Bayer Annual Payment FY26 Community Benefit Agreeement not yet paid 2127 Dwight (2127‐2159) In‐Lieu Fee (20% for Admin) $125,476.26 7/1/2024 1 3030 TELEGRAPH In‐Lieu Fee (20% for Admin) $156,056.16 7/1/2024 1 $0.00 $0.00 $281,532.42 $0.00 0 2 0 8 $1,347,013.78 35 $4,729,284.75 6 $89,805,056.69 In Progress
742 Grayson In‐Lieu Fee $314,637.06 1
805 Jones On‐Site Art (5% Admin Fee) $9,712.50 $485.63 1 1110 University On‐Site Art (5% Admin Fee) $175,000.00 1 1155 (‐1173) Hearst In‐Lieu Fee No Declaration Yet
1200 (‐1214) SAN PABLO In‐Lieu Fee $66,166.54 Not yet paid/This FY or next 1 1201 SAN PABLO In‐Lieu Fee $65,789.48 1
1207 TENTH On‐Site Art (5% Admin Fee) $56,039.00 1
1367 University In‐Lieu Fee (20% for Admin) $7,651.19 1 1598 University In‐Lieu Fee (20% for Admin) $106,658.34 1 1650 Alcatraz not compliant
1650 SHATTUCK $32,000.00 1
1652 University In‐Lieu Fee $29,939.27 1
1740 SAN PABLO not compliant
1752 Shattuck In‐Lieu Fee (20% for Admin) $73,218.48 1
1773 Oxford   In‐Lieu Fee (20% for Admin) $30,548.77 1 1790 University In‐Lieu Fee (20% for Admin) $39,286.00 1 1822 San Pablo not compliant
1835 SAN PABLO In‐Lieu Fee $94,198.00 Not yet paid 1 1900 FOURTH In‐Lieu Fee $560,000.00 Not yet paid 1
1914 Fifth In‐Lieu Fee $224,385.86 1
2001 ASHBY no applic‐ not complaint
2015 Blake In‐Lieu Fee $246,317.00 Not yet paid 1
2018 Blake In‐Lieu Fee (20% for Admin) $32,000.00 Not yet paid 1 2023 SHATTUCK aka 2025 Kala Bagai Way In‐Lieu Fee $30,822.00 Not yet paid 1 2037 Kala Bagai Way Concession? 1
2065 KITTREDGE
2115 KITTREDGE   In‐Lieu Fee $237,979.00 Not yet paid 1 2127 Dwight (2127‐2159) In‐Lieu Fee (20% for Admin) $125,476.26 Not yet paid 1 2128 Oxford (2132‐2154 Center) Concession? Value in DRC packet $1.1M $917,163.00 Not yet paid 1 2136 SAN PABLO In‐Lieu Fee $104,878.65 Not yet paid 1 2190 SHATTUCK In‐Lieu Fee $680,000.00 1
2198 SAN PABLO In‐Lieu Fee $46,400.00 Not yet paid 1 2210 Harold In‐Lieu Fee $122,500.00 Not yet paid 1
2221 Fourth/2216 5th St In‐Lieu Fee $87,200.00 1
2229 FOURTH/2222 5th Street
2300 Ellsworth In‐Lieu Fee $263,324.00 1
2317 Channing In‐Lieu Fee   $23,274.81 Not yet paid 1 2325 MCGEE Ave In‐Lieu Fee $8,000.00 Not yet paid 1
2420 Shattuck On‐Site Art (5% Admin Fee) $314,864.00 $15,743.20 received dec on 5/31/2023 1 2427 SAN PABLO (2427‐2433) In‐Lieu Fee $72,106.00 Not yet paid 1 2434 SAN PABLO $9,600.00 Not yet paid 1
2435 SAN PABLO In‐Lieu Fee   $24,671.14 Not yet paid 1 2440 SHATTUCK $120,000.00 received declaration 11/18/21 2441 Le Conte In‐Lieu Fee (20% for Admin) $31,994.00 received declaration 2/21/24 1 2449 Dwight In‐Lieu Fee (20% for Admin) $70,880.00 received declaration 11/9/22 1 2462 BANCROFT In‐Lieu Fee (20% for Admin) $75,228.00 1
2527 SAN PABLO In‐Lieu Fee $59,200.00 Not yet paid 1 2538 Durant In‐Lieu Fee (20% for Admin) $132,000.00 Not yet paid 1 2538 Durant In‐Lieu Fee $132,000.00 1
2550 Shattuck TBD
2587 Telegraph In‐Lieu Fee (20% for Admin) $139,044.00 Not yet paid 1 2601 San Pablo On‐Site Art (5% Admin Fee) $496,920.00 $24,846.00 1 2712 TELEGRAPH In‐Lieu Fee (20% for Admin)    $58,118.00 Not yet paid 2720 SAN PABLO On‐Site Art (5% Admin Fee) 191,501.00$                 9,575.05$                     1 2733 San Pablo On‐Site Art (5% Admin Fee) 383,583.00$                 19,179.15$                   1 2795 SAN PABLO
2800 TELEGRAPH In‐Lieu Fee $24,573.85 not yet paid 1
2847 Shattuck On‐Site Art (5% Admin Fee) $247,415.72 $12,370.79 1 2920 Shattuck On‐Site Art (5% Admin Fee) $449,914.00 $22,495.70 1 2942 College In‐Lieu Fee (20% for Admin) 8636.05 1
3000 SHATTUCK No Declaration Yet
3030 TELEGRAPH In‐Lieu Fee (20% for Admin) $156,056.16 1 3031 Adeline On‐Site Art (5% Admin Fee) $105,000.00 5,250.00$                     1 3031 TELEGRAPH In‐Lieu Fee $312,000.00 1
TOTAL    $2,429,949.22 $109,945.51 $5,995,920.91 $0.00 10 40 2 18 $3,776,963.00 76 $10,835,151.17 8 $89,805,056.69

Page 7 of 7 ends

Page 57 ends

Page 58 ends

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
September 24, 2024
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $11,632.30 for a new total not to exceed $347,632.30.

FINANCIAL IMPLICATIONS
This amendment will add $11,632.30 to extend the Mayor’s Office’s existing contract for communications consulting services. Funds for this contract amendment are available from the Mayor’s Office budget.

CURRENT SITUATION AND ITS EFFECTS
Under Berkeley Municipal Code Chapter 7.18.010A, “expenditures…which exceed the amount of $50,000 shall require Council approval”, as adopted under Ordinance No. 7,566 and mandated under Article XI, Section 67.5 of the City Charter.

Contract No. 32000196 was entered into on March 16, 2020, originally at $35,000.

Since then, amendments have been made to extend the term of the contract. A new extension was approved by Council in July 2021, which was required as the increase in the cumulative amount of the contract went beyond the $50,000 threshold, thus requiring Council approval.

In 2021 during the first contract extension, as a courtesy, bargaining unit members of SEIU CSU/PTRLA were advised by City of Berkeley Human Resources Department of this contract extension and offered the opportunity to meet. The services provided under this contract are not of the kind, nature or type of work presently performed by the bargaining unit members.

BACKGROUND
Under Article VI, Section 21 of the City Charter, the Mayor is the ceremonial head of the City. As such, the Mayor serves as a spokesperson for the City, and should provide consistent information to residents and businesses on the operations and policies of the

Page 1 of 4 ends

Page 59 ends

Contract Amendment: Szabo & Associates CONSENT CALENDAR September 24, 2024

Page 2 ends

City. Providing open and transparent lines of communication is a cornerstone of democracy and good governance. Relaying critical information, such as communications during the ongoing local state of emergency in response to COVID-19, PG&E Power Safety Shutoff events, other critical events, and City policies and programs, are important to the health, safety and operation of the City.

Services provided by Szabo & Associates include development of press releases and media advisories on issues of importance to the Berkeley community, maintaining social media accounts, press coordination, graphic design, and other support services relating to the communications from the Mayor’s Office.

Council had previously approved an amendment to this contract under Resolution No. 71,426-N.S. at the June 25, 2024 meeting. While there are no changes to the term and cost of the contract, since the passage of the latest Resolution, it has been discovered that the totality of the contract since its inception in 2020 had unfortunately been miscalculated, resulting in a gap of $11,632.30. Approval of this resolution will have no impact on the General Fund, as the Mayor’s Office already has funds available for this purpose. This contract is set to expire on November 30, 2024 to coincide with the end of the Mayor’s term in office.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

Page 2 of 4 ends

Page 60 ends

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

CONTRACT: SZABO & ASSOCIATES FOR COMMUNICATIONS CONSULTING SERVICES FOR THE MAYOR’S OFFICE
WHEREAS, as the ceremonial head of the city under the City Charter, the Mayor must serve as a city spokesperson and provide consistent information to residents and businesses on the operations and policies of the City; and WHEREAS, Szabo & Associates is a communications consulting firm whose services include development of press releases and media advisories on issues of importance to the Berkeley community, maintaining social media accounts, press coordination, and other support services relating to the communications; and WHEREAS, providing open and transparent lines of communication is a cornerstone of democracy and good governance. Relaying critical information, such as communications during the ongoing local state of emergency in response to COVID-19, PG&E Power Safety Shutoff events, other critical events, and City policies and programs, are important to the health, safety and operation of the City; and WHEREAS, under Berkeley Municipal Code Chapter 7.18.010A, “expenditures…which exceed the amount of $50,000 shall require Council approval”, as adopted under Ordinance No. 7,566 and mandated under Article XI, Section 67.5 of the City Charter; and
WHEREAS, Contract No. 32000196 was entered into on March 16, 2020, originally at $35,000, with additional amendments having been made, and requires Council approval by passing the $50,000 threshold; and
WHEREAS, in July 2021, Council approved Resolution No. 69,985-N.S. to increase the contract by $78,000 and extending the contract to June 30, 2022; and WHEREAS, in July 2022, Council approved Resolution No. 70,451-N.S. to increase the contract by $78,000 and extending the contract to June 30, 2023; and WHEREAS, in June 2023, Council approved Resolution No. 70,928-N.S. to increase the contract by $78,000 and extending the contract to June 30, 2024; and WHEREAS, in June 2024, Council approved Resolution No. 71,426-N.S. to increase the contract by $32,500 and extending the contract to November 30, 2024; and WHEREAS, since the passage of the latest Resolution, it has been discovered that the totality of the contract since its inception in 2020 had unfortunately been miscalculated, resulting in a gap of $11,632.30; and

Page 3 of 4 ends

Page 61 ends

Contract Amendment: Szabo & Associates CONSENT CALENDAR September 24, 2024

Page 4 ends

WHEREAS, funding for this amendment is available in the Mayor’s Office budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract by $11,632.30.

Page 4 of 4 ends

Page 62 ends

1 Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
September 24, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author)
SUBJECT: Budget Referral: Independent Consultant to Conduct Analysis of Referring Restaurant Inspections to Alameda County

RECOMMENDATION
Refer to the November budget process $100,000 for the City Manager to engage an independent consultant to conduct an analysis that considers feasibility, costs, and benefits of referring food facility inspections to Alameda County, and submit a report with recommendations for Council consideration and potential action as soon as practicable.

The report should consider the following key areas:
 Environmental Health Division staffing, recruitment and retention;  Costs and staffing resources to develop a new restaurant inspection database that complies with state rules; and
 Costs and staffing resources to develop a restaurant “grading” system, such as those used in Los Angeles County, New York City, or other jurisdictions.

CURRENT SITUATION AND ITS EFFECTS
Nearly 45 Percent of Berkeley Food Facilities Were Not Inspected in 2023. The Berkeley City Auditor released an audit in July 2024, “Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets,” finding that the City’s Environmental Health Division of the Health, Housing and Community Services Department did not meet its targets for food facility inspections in 2023, increasing health risk.1 Nearly 45 percent of Berkeley's permitted food facilities, including 193 restaurants, were not inspected even once. This is in stark contrast to Alameda County, where only 3 percent of food facilities went uninspected during the same period. Chronic understaffing and inadequate data management have exacerbated the City’s challenges in meeting its inspection targets and ensuring public health. 1 City Auditor, “Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets,” https://berkeleyca.gov/sites/default/files/documents/Berkeley_Restaurant_Inspections_- _Chronically_Understaffed_Program_Did_Not_Meet_Targets.pdf

Page 1 of 3 ends

Page 63 ends

2 City Staff Say Annual Inspection Targets Are “Not Achievable” for High Risk Food Facilities. Berkeley is one of four cities in California that conducts its own restaurant inspections, which are typically handled by county health offices, according to Berkeleyside.2 According to reporting from Berkeleyside, City spokesperson Maitée Rossoukhi wrote in an e- mail that staff have visited 302 of the 544 “high risk facilities” in Berkeley, a category that includes restaurants, nursing homes, catering operations and several other types of food-centric businesses. The city estimates the rest of the inspections will be done by the end of October.

Significantly, Berkeleyside wrote, even if the division’s staff clear the backlog of facilities that were not inspected last year, they would still be well short of the department’s stated target of visiting restaurants every four months, as show in Figure 2 below from the audit report. The City Auditor’s report found that almost none of Berkeley’s food facilities are inspected that often, and division employees consider the goal “not achievable.”

BACKGROUND
Understaffing, Poor Data Management, and Resulting Lack of Public Transparency Plague Berkeley’s Current Inspection System. The audit found that Berkeley's Environmental Health Division is severely understaffed, with only three food inspectors responsible for nearly 600 routine inspections each—far exceeding the recommended workload by the federal Food and Drug Administration. This staffing shortage has resulted in a backlog of inspections, particularly among high-risk facilities such as restaurants and nursing care homes. Additionally, the audit exposed gaps in public transparency, with limited access to food safety information, and issues with data management, leading to some facilities being overlooked entirely.

According to reporting from Berkeleyside, City staff estimate that it could take “a year or longer” for Berkeley to develop a new database that complies with state rules, a process that would require additional funding from the City.
2 Savidge, Nico, “Berkeley may rethink restaurant inspections after audit reveals serious failures, health chief says,” https://www.berkeleyside.org/2024/08/05/berkeley-restaurant-inspections-environmental- health-audit, Aug. 5, 2024

Page 2 of 3 ends

Page 64 ends

3 RATIONALE
Alameda County appears to have an effective food inspection program with a much lower percentage of uninspected facilities compared to Berkeley. The county’s larger pool of resources and established systems for data management and reporting suggest that the City should further explore the possibility of referring food facility inspections to the county.

FISCAL IMPACTS
Engaging an independent consultant will incur costs of $100,000. The consultant’s analysis and recommendations will guide the City Council in making an informed decision that could ultimately lead to cost savings.

CONTACT PERSON
Councilmember Rashi Kesarwani
(510) 981-9110

Page 3 of 3 ends

Page 65 ends

Page 66 ends

Berkeley City Councilmembers
Mark Humbert, District 8
Terry Taplin, District 3
Susan Wengraf, District 6
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
[email protected]
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 E-Mail: [email protected]

CONSENT CALENDAR
September 24, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Humbert (Author), Councilmember Taplin (Co-Author), Councilmember Wengraf (Co-Author)
Subject: Resolution Clarifying the Intent of Measure Y (2024) – Increasing the Parks, Trees and Landscaping Maintenance Tax

RECOMMENDATION
In order to ensure that voters are fully informed and to inform future discussions of potential expenditures, it is recommended that the Berkeley City Council adopt the following language to clarify (but not change) the intent of Measure Y:

The intent of Measure Y is to generate additional funds by increasing the Parks Tax for park and landscape maintenance in the Waterfront including Cesar Chavez (Berkeley’s largest park), improvements to Berkeley’s urban forest and street tree plantings, and essential park and landscaping related capital projects.

FINANCIAL IMPLICATIONS
None. Staff time to record resolution.

CURRENT SITUATION AND ITS EFFECTS
At a special meeting on July 30, 2024, the Berkeley City Council unanimously approved1 Item 6c to2:

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

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282. 1https://berkeleyca.gov/sites/default/files/city-council-meetings/2024-07- 30%20Special%20Annotated%20Agenda%20-%20Council.pdf
2https://berkeleyca.gov/sites/default/files/documents/2024-07- 30%20Special%20Item%2006c%20Ballot%20Measure%20%E2%80%93%20Increasing%20the%20Park s%2C%20Trees%20and%20Landscaping.pdf

Page 1 of 2 ends

Page 67 ends

Resolution Clarifying the Intent of Measure Y (2024) CONSENT CALENDAR Increasing the Parks, Trees and Landscaping Maintenance Tax September 24, 2024

Page 2 ends

BACKGROUND
In an item from the December 12, 2023 Council Meeting3, the Parks, Recreation and Waterfront Commission recommended that the City Council include in upcoming community survey for possible 2024 ballot measures, a measure to increase the Parks Tax by 4ct/ft2 or ~20%, and appropriate funding for the survey.

This recommendation was based on action at the regular Parks, Recreation and Waterfront Commission meeting on November 8, 2023. At that meeting, the Commission approved a motion to communicate a recommendation to Council to include an increase in the Parks Tax by 4cts/SF or ~20% in polling for possible November 2024 ballot measures. The estimated $3.5M annually, would be divided between: major maintenance/capital projects, Urban Forest restoration, and consolidation of three Waterfront Parks into City Park system.

The vote at the meeting was:

M/S/C (Avellar/Kawczynska/U). Ayes: Abshez; Avellar; Cox; Diehm; Kawczynska; Lee; Ranuzzi; Wozniak; Noes: None; Absent: Hurtado; Leave of Absence: None.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None. The resolution makes no change to the originally intended uses of potential funds; it merely formalizes and makes explicit the intent verbally discussed at previous Council meetings.

CONTACT PERSON
Councilmember Mark Humbert Council District 8 510-981-7180 3https://berkeleyca.gov/sites/default/files/documents/2023-12- 12%20Item%2023%20Council%20Referral%20%E2%80%93%20Request%20for%20City.pdf

Page 2 of 2 ends

Page 68 ends

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

ACTION CALENDAR
September 24, 2024
(Continued from the September 10, 2024 meeting)
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted By: Mark Numainville, City Clerk
Subject: City Council Rules of Procedure and Order Revisions

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

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

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

FISCAL IMPACTS OF RECOMMENDATION
None.

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

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

Page 1 of 101 ends

Page 69 ends

City Council Rules of Procedure and Order Revisions ACTION CALENDAR September 24, 2024
(Continued from the September 10, 2024 meeting)

Page 2 ends

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

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

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

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

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

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

Page 2 of 101 ends

Page 70 ends

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

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

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

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

Exhibit A: City Council Rules of Procedure and Order

Page 3 of 101 ends

Page 71 ends

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

Effective [Date]

Page 4 of 101 ends

Page 72 ends

2City of Berkeley Council Rules of Procedure and Order
Table of Contents
I. DUTIES........................................................................................................................4 A. Duties of Mayor............................................................................................................4 B. Duties of Councilmembers...........................................................................................4 C. Motions to be Stated by Chair .....................................................................................4 D. Decorum by Councilmembers .....................................................................................4 E. Voting Disqualification .................................................................................................4 F. Requests for Technical Assistance and/or Reports.....................................................5 II. MEETINGS..................................................................................................................6 A. Call to Order - Presiding Officer...................................................................................6 B. Roll Call .......................................................................................................................6 C. Quorum Call.................................................................................................................6 D. Council Meeting Conduct of Business.........................................................................6 E. Adjournment ................................................................................................................7 F. Unfinished Business ....................................................................................................7 G. City Council Schedule and Recess Periods ................................................................7 H. Pledge of Allegiance to the Flag..................................................................................8 I. Ad Hoc Subcommittees ...............................................................................................8 III. AGENDA .....................................................................................................................9 A. Declaration of Policy....................................................................................................9 B. Definitions....................................................................................................................9 C. Standards for Agenda Items......................................................................................10 D. Procedure for Bringing Matters Before City Council..................................................12 E. Packet Preparation and Posting ................................................................................18 F. Agenda Sequence and Order of Business ................................................................20 G. Closed Session Documents.......................................................................................20 H. Regulations Governing City Council Policy Committees ...........................................21 I. Agenda Items Authored by Former Mayors and Councilmembers............................25 IV. CONDUCT OF MEETING .........................................................................................26 A. Comments from the Public ........................................................................................26 B. Consent Calendar......................................................................................................29 C. Information Reports Called Up for Discussion...........................................................30 D. Written Communications............................................................................................30 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters ...30 F. Work Sessions...........................................................................................................31 G. Protocol......................................................................................................................31 V. PROCEDURAL MATTERS.......................................................................................32 A. Persons Authorized to Sit at Tables ..........................................................................32 B. Decorum ....................................................................................................................32 C. Enforcement of Decorum...........................................................................................32 D. Precedence of Motions..............................................................................................32 E. Robert’s Rules of Order.............................................................................................33 F. Rules of Debate.........................................................................................................33 G. Debate Limited...........................................................................................................34 H. Motion to Lay on Table ..............................................................................................34 I. Division of Question...................................................................................................34 J. Addressing the Council..............................................................................................34 K. Addressing the Council After Motion Made ...............................................................35 L. Use of Cellular Phones and Electronic Devices ........................................................35

Page 5 of 101 ends

Page 73 ends

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

Page 6 of 101 ends

Page 74 ends

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

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

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

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

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

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

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

Page 7 of 101 ends

Page 75 ends

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

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

Page 8 of 101 ends

Page 76 ends

II. MEETINGS
6City of Berkeley Council Rules of Procedure and Order
II. MEETINGS
A. Call to Order - Presiding Officer
The Mayor, or in the Mayor's absence, the Vice Mayor, shall take the chair precisely at the hour appointed by the meeting Agenda and shall immediately call the Council to order. Upon the arrival of the Mayor, the Vice Mayor shall immediately relinquish the chair. In the absence of the two officers specified in this section, the Councilmember present with the longest period of Council service shall preside.

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

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

D. Council Meeting Conduct of Business
The Agenda for the regular business meetings shall include the Order of Business described in Chapter III.F. Presentations and workshops may be included as part of the Action Calendar. The Chair will determine the order in which the item(s) on Action will be heard.

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

With respect to Consent items, the Mayor or Councilmembers will be allowed to record their aye, nay or abstain votes on individual items or the entire Consent Calendar prior to the vote on the Consent Calendar. However, if three or more Councilmembers object to a Consent item by expressing their intent to abstain or vote no, the item shall be moved from Consent to Action.

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

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

Page 9 of 101 ends

Page 77 ends

II. MEETINGS
7City of Berkeley Council Rules of Procedure and Order
Except at meetings at which the budget is to be adopted, no public hearing may commence later than 10:00 p.m. unless there is a legal necessity to hold the hearing or make a decision at that meeting or the City Council determines by a two-thirds vote that there is a fiscal necessity to hold the hearing.

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

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

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

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

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

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

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

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

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

The City Manager shall have the aforementioned authority beginning the day after the Agenda & Rules Committee meeting for the last regular meeting before a Council

Page 10 of 101 ends

Page 78 ends

II. MEETINGS
8City of Berkeley Council Rules of Procedure and Order
recess and this authority shall extend up to the date of the Agenda & Rules Committee meeting for the first regular meeting after the Council recess.

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

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

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

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

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

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

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

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

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

Page 11 of 101 ends

Page 79 ends

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

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

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

1. "Agenda Item" means an item placed on the Agenda (on either the Consent Calendar or as a Report For Action) for a vote of the Council by the Mayor or any Councilmember, a Charter Officer, the Auditor, or any
board/commission/committee created by the City Council or City Charter, or any Report For Information which may be acted upon if the Mayor or a Councilmember so requests. For purposes of this section, appeals shall be considered action items. All information from a Charter Officer concerning any item to be acted upon by the Council shall be submitted as a report on the Agenda and not as an off- agenda memorandum and shall be available for public review, except to the extent such report is privileged and thus confidential such as an attorney-client communication concerning a litigation matter. Council Agenda Items are limited to a maximum of four Authors and Co-Sponsors, in any combination that includes at least one Author.

Authors must be listed in the original item as submitted by the Primary Author. Co- Sponsors may only be added by the Primary Author (1) at the Agenda Committee meeting where the item is placed on a Council Agenda; or (2) after the item has been placed on a Council Agenda, through the Supplemental process, or (3) at the Council meeting where the item appears on the Agenda.

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

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

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

4. “Co-Sponsor" means the Mayor or other Councilmembers who wish to indicate their strong support for the item, but are not Authors, and are designated by the Primary Author to be Co-Sponsors of the Council Agenda Item.

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

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

Page 12 of 101 ends

Page 80 ends

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

7. "Emergency Matter" arises when prompt action is necessary due to the disruption or threatened disruption of public facilities and a majority of the Council determines that:
a) A work stoppage or other activity which severely impairs public health, safety, or both exists;
b) A crippling disaster, which severely impairs public health, safety or both exists.
c) Notice of the Council's proposed consideration of any such Emergency Matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.

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

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

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

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

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

C. Standards for Agenda Items

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

Page 13 of 101 ends

Page 81 ends

III. AGENDA
11City of Berkeley Council Rules of Procedure and Order viii. Alternative actions considered;
ix. For awards of contracts; the abstract of bids and the Affirmative Action Program of the low bidder in those cases where such is required (these provisions shall not apply to Mayor and Council items); x. Person or persons to contact for further information, with telephone number;
xi. Additional information and analysis as may be required. xii. Environmental sustainability and climate impacts.

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

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

Page 14 of 101 ends

Page 82 ends

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

1. Persons Who Can Place Matters on the Agenda.

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

Page 15 of 101 ends

Page 83 ends

III. AGENDA
13City of Berkeley Council Rules of Procedure and Order and limitations contained herein. The Agenda & Rules Committee shall be a standing committee of the City Council.

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

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

As to Regular Items authored by the Mayor or a Councilmember, the Agenda & Rules Committee shall review the item and may take the following actions:
i. Refer the item to a commission for further analysis (Primary Author may decline and request Policy Committee assignment).
ii. Refer the item to the City Manager for further analysis (Primary Author may decline and request Policy Committee assignment).
iii. Refer the item back to the Primary Author for requested amendments, adherence to required form, or for additional analysis, as required in Section III.C.1 (Primary Author may decline and request Policy Committee assignment).
iv. Refer the item to a Policy Committee.
v. Schedule the item for the Agenda under consideration or one of the next three regular Council Agendas.
b) Major Items.

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

Page 16 of 101 ends

Page 84 ends

III. AGENDA
14City of Berkeley Council Rules of Procedure and Order c) For referrals of Regular Items under Chapter III.D.1.a.i, ii, or iii, the Primary Author must inform the City Clerk within 24 hours of the adjournment of the Agenda & Rules Committee meeting whether they prefer to:
1) re-submit the item for a future meeting with modifications as suggested by the Agenda & Rules Committee; or
2) withdraw the item completely; or
3) re-submit the item with revisions as requested by the Agenda & Rules Committee within 24 hours of the adjournment of the Agenda & Rules Committee meeting for the Council Agenda under
consideration; or
4) accept the referral of the Agenda & Rules Committee in sub paragraphs III.D.1.a. i, ii, or iii, or request Policy Committee assignment.

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

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

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

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

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

Page 17 of 101 ends

Page 85 ends

III. AGENDA
15City of Berkeley Council Rules of Procedure and Order e) Items Authored by Boards and Commissions.

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

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

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

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

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

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

Page 18 of 101 ends

Page 86 ends

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

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

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

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

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

5. Submission of Supplemental and Revised Agenda Material.

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

Supplemental material must be specifically related to the item in the Agenda Packet. Revised material should be presented as revised versions of the report or item printed in the Agenda Packet. Supplemental and revised material may be submitted for consideration as follows:
a) Supplemental and revised agenda material shall be submitted to the City Clerk no later than 5:00 p.m. seven calendar days prior to the City Council

Page 19 of 101 ends

Page 87 ends

III. AGENDA
17City of Berkeley Council Rules of Procedure and Order meeting at which it is to be considered. Supplemental and revised items that are received by the deadline shall be distributed to Council in a supplemental reports packet and posted to the City’s website no later than 5:00 p.m. five calendar days prior to the meeting. Copies of the supplemental packet shall also be made available in the office of the City Clerk and in the main branch of the Berkeley Public Library. Such material may be considered by the Council without the need for a determination that the good of the City clearly outweighs the lack of time for public review or City Councilmember evaluation.
b) Supplemental and revised agenda material submitted to the City Clerk after 5:00 p.m. seven days before the meeting and no later than 12:00 p.m. one day prior to the City Council meeting at which it is to be considered shall be distributed to Council in a supplemental reports packet and posted to the City’s website no later than 5:00 p.m. one day prior to the meeting.

Copies of the supplemental packet shall also be made available in the office of the City Clerk and in the main branch of the Berkeley Public Library. Such material may be considered by the Council without the need for a determination that the good of the City clearly outweighs the lack of time for public review or City Council evaluation.
c) After 12:00 p.m. one calendar day prior to the meeting, supplemental or revised reports may be submitted for consideration by delivering a minimum of 40 copies of the supplemental/revised material to the City Clerk for distribution at the meeting and submitting the material electronically to the City Clerk. Each copy must be accompanied by a completed supplemental/revised material cover page, using the form provided by the City Clerk. Revised reports must reflect a comparison with the original item using track changes formatting. The material may be considered only if the City Council, by a two-thirds roll call vote, makes a factual determination that the good of the City clearly outweighs the lack of time for public review or City Councilmember evaluation of the material. Supplemental and revised material must be distributed and a factual determination made prior to the commencement of public comment on the Agenda Item in order for the material to be considered.

6. Submission of Late Urgency Items Pursuant to Government Code Section 54954.2(b)
Late Urgency Items are items proposed for submission to the Council Agenda pursuant to Government Code Section 54954.2(b)
All items to be submitted for consideration for addition to an Agenda as Late Urgency Items shall be accompanied by a cover sheet that includes 1) boxes to check for the Author to affirm whether the item is submitted under the Emergency or Immediate Action Rule (and a short explanation of what is required to meet each rule, as well as the vote threshold required for the item to be placed onto the Agenda by the City Council); 2) a disclaimer in BOLD 14pt. CAPS stating that the item is not yet agendized and may or may not be accepted for the Agenda as a

Page 20 of 101 ends

Page 88 ends

III. AGENDA
18City of Berkeley Council Rules of Procedure and Order Late Urgency Item, at the City Council’s discretion according to Brown Act rules; 3) a prompt requiring the Author to list the facts which support consideration of the item for addition to the Agenda as either an Emergency or Immediate Action item; and 4) a copy of the City Attorney memo on Late Urgency Items.

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

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

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

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

7. Scheduling a Presentation.

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

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

E. Packet Preparation and Posting

1. Preparation of the Packet.

Not later than the thirteenth day prior to said meeting, the City Clerk shall prepare the Packet, which shall include the Agenda plus all its corresponding Agenda Items. No item shall be considered if not included in the Packet, except as provided for in Section III.D.5. and Section III.E.4.

2. Distribution and Posting of Agenda.
a) The City Clerk shall post each Agenda of the City Council regular meeting no later than 11 days prior to the meeting and shall post each Agenda of a special meeting at least 24 hours prior to the meeting on the official bulletin

Page 21 of 101 ends

Page 89 ends

III. AGENDA
19City of Berkeley Council Rules of Procedure and Order board. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each Agenda.
b) The City Clerk shall also post Agendas and annotated Agendas of all City Council meetings and notices of public hearings on the City's website. c) No later than 11 days prior to a regular meeting, copies of the Agenda shall be mailed by the City Clerk to any resident of the City of Berkeley who so requests in writing. Copies shall also be available free of charge in the City Clerk Department.

3. Distribution of the Agenda Packet.

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

4. Failure to Meet Deadlines.
a) The City Clerk shall not accept any Agenda Item or revised Agenda Item after the deadlines established.
b) Matters not included on the published Agenda may be discussed and acted upon as otherwise authorized by State law or providing the Council finds one of the following conditions is met:
 A majority of the Council determines that the subject meets the criteria of "Emergency" as defined in Section III.B.7.
 Two thirds of the Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the Agenda as required by law.
c) Matters listed on the printed Agenda but for which supporting materials are not received by the City Council on the eleventh day prior to said meeting as part of the Agenda Packet, shall not be discussed or acted upon.

Page 22 of 101 ends

Page 90 ends

III. AGENDA
20City of Berkeley Council Rules of Procedure and Order F. Agenda Sequence and Order of Business
The Council Agenda for a regular business meeting is to be arranged in the following order:

1. Preliminary Matters: (Ceremonial, Land Acknowledgement Statement, Comments from the City Manager, Comments from the City Auditor [if requested], Non-Agenda Public Comment, Public Comment by Employee Unions) a) The Land Acknowledgement Statement and Public Comment from Employee Unions are regularly agendized only for the first regular meeting of each month.

2. Consent Calendar

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

4. Information Reports

5. Non-Agenda Public Comment

6. Adjournment

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

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

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

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

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

Page 23 of 101 ends

Page 91 ends

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

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

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

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

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

H. Regulations Governing City Council Policy Committees

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

Exempt Items
Regular Items under this category submitted by the Mayor or Councilmembers are exempt from Agenda & Rules Committee discretion to refer them to a Policy Committee. Items in this category may be submitted for the Agenda of any scheduled regular meeting pursuant to established deadlines (same as existing deadlines).

Types of Exempt Items are listed below.
a. Position Letters and Resolutions on Legislation and Electoral Issues relating to Outside Agencies/Jurisdictions
b. Donations from the Mayor and Councilmember District Office Budgets c. Referrals to the Budget Process that are not related to a Major Item d. Proclamations
e. Sponsorship of Events
f. Information Reports
g. Presentations from Outside Agencies and Organizations h. Ceremonial Items
i. Committee and Regional Body Appointments
The Agenda & Rules Committee has discretion to determine if an item submitted by the Mayor or a Councilmember is classified as an Exempt Item or if the item is subject to Policy Committee review
Major Items
Items submitted by the Mayor or Councilmembers with moderate to significant administrative, operational, budgetary, resource, or programmatic impacts will go first to the Agenda & Rules Committee on a draft City Council Agenda.

The Agenda & Rules Committee must take action on an item as prescribed in Chapter III.D. at the first meeting that the item appears before the Agenda & Rules Committee.

The Agenda & Rules Committee may only assign the item to a single Policy Committee, except that an item meeting the definition of a Major Item that also includes a budget referral may be referred to both the Budget & Finance Committee

Page 24 of 101 ends

Page 92 ends

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

Time Critical Items
A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the Mayor or Councilmember is received by the City Clerk after established deadlines and is not included on the Agenda & Rules Committee’s published Agenda.

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

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

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

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

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

Page 25 of 101 ends

Page 93 ends

III. AGENDA
23City of Berkeley Council Rules of Procedure and Order is present to participate in the discussion of their item, no other non-committee member Councilmembers, nor the Mayor, may attend as observers. g. An item may be considered by only one Policy Committee before it goes to the full Council.

4. Functions of the Policy Committees
Committees shall have the following qualities/components:
a. All committees are Brown Act bodies with noticed public meetings and public comment. Regular meeting Agendas will be posted at least 72 hours in advance of the meeting.
b. Minutes shall be available online.
c. Committees shall adopt regular meeting schedules, generally meeting once or twice per month; special meetings may be called when necessary, in accordance with the Brown Act.
d. Generally, meetings will be held at 2180 Milvia Street in publicly accessible meeting rooms that can accommodate the committee members, public attendees, and staff.
e. Members are recommended by the Mayor and approved by the full Council no later than January 31 of each year. Members continue to serve until successors are appointed and approved.
f. Chairs are elected by the Committee at the first regular meeting of the Committee after the annual approval of Committee members by the City Council. In the absence of the Chair, the committee member with the longest tenure on the Council will preside.
g. The Chair, or a quorum of the Committee may call a meeting or cancel a meeting of the Policy Committee.
h. Committees will review items for completeness in accordance with Section III.C.1 and III.C.2 of the City Council Rules of Procedure and Order and alignment with Strategic Plan goals.
i. Reports leaving a Policy Committee must adequately include budget implications, administrative feasibility, basic legal concerns, and staff resource demands in order to allow for informed consideration by the full Council. j. Per Brown Act regulations, any revised or supplemental materials must be direct revisions or supplements to the item that was published in the Agenda Packet.

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

Within 120 days of the referral date, either (1) the committee Chair may accept the Primary Author’s request, either in writing, or in person at a meeting of the committee, that the item remain in committee until a date certain (more than one extension may be requested by the Primary Author); or (2) the committee may vote to send the item

Page 26 of 101 ends

Page 94 ends

III. AGENDA
24City of Berkeley Council Rules of Procedure and Order to the Agenda & Rules Committee to be placed on a Council Agenda with a Committee recommendation consisting of one of the four options listed below. The Committee Chair shall report any extension granted outside of a meeting to the Committee and the City Clerk by email or verbally at the next Committee meeting.

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

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

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

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

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

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

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

Items and recommendations originating from the Policy Committee are submitted to the City Clerk by the members of the committee.

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

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

Once the item is voted out of a Policy Committee, the final item will be resubmitted to the agenda process by the Primary Author, and it will return to the Agenda & Rules Committee on the next available Agenda. The Agenda & Rules Committee may leave the item on the Agenda under consideration or place it on the following Council Agenda. The Agenda & Rules Committee may agendize the item on the Consent Calendar or Action Calendar.

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

Page 27 of 101 ends

Page 95 ends

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

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

1. Agenda and Rules Committee

2. Budget and Finance Committee

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

4. Health, Life Enrichment, Equity, and Community

5. Land Use, Housing, and Economic Development

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

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

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

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

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

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

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

Page 28 of 101 ends

Page 96 ends

IV. CONDUCT OF MEETING
26City of Berkeley Council Rules of Procedure and Order IV.CONDUCT OF MEETING
A. Comments from the Public
Public comment will be taken in the following order:
 An initial ten-minute period of public comment on non-agenda items, after the commencement of the meeting and immediately after Ceremonial Matters and City Manager Comments.
 At the first regular meeting of the month, a period of public comment reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
 Public comment on the Consent and Information Calendars.  Public comment on the Action Calendar at the onset of the Action calendar with the exception of appeals, public hearings, and quasi-judicial matters requiring public comment for due process purposes (if invoked by the Presiding Officer).
 Public comment on Action items by those who did not speak in the earlier Action Calendar public comment period, any appeals, public hearings, and/or other quasi-judicial matters requiring extended public comment for due process purposes as they are taken up under procedures set forth in the sections governing each below.
 Public comment on non-agenda items from any speakers who did not speak during the first round of non-agenda public comment at the beginning of the meeting.

Except in the case of public comment by employee unions, speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. A speaker wishing to yield their time shall identify themselves, shall be recognized by the chair, and announce publicly their intention to yield their time. Disabled persons shall have priority seating in the front row of the public seating area.

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

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

Page 29 of 101 ends

Page 97 ends

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

The Presiding Officer has the discretion to reduce speaker time if needed in order to allow the orderly conduct of the meeting, subject to the consent of a majority of the City Council.

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

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

1. Public Comment on Non-Agenda Matters.

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

In-person attendees wishing to address the Council on matters not on the Council Agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non-agenda items.

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

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

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

For the second round of public comment on non-agenda matters, the Presiding Officer retains the authority to limit the number of speakers. The Presiding Officer will generally request that persons wishing to speak, line up at the podium to be recognized or raise their hand on the videoconference application to determine the number of persons interested in speaking at that time. Each speaker will be

Page 30 of 101 ends

Page 98 ends

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

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

2. Public Comment on Consent Calendar and Information Items.

The Council will first determine whether to move items on the Agenda for “Action” or “Information” to the “Consent Calendar,” or move “Consent Calendar” items to “Action.” Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent.” The Council will then take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. A speaker may only speak once during the period for public comment on Consent Calendar and Information items. No additional items can be moved onto the Consent Calendar once public comment has commenced.

At any time during, or immediately after, public comment on Information and Consent items, the Mayor or any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

3. Public Comment on Action Items.

After the initial ten minutes of public comment on non-agenda items, reserved public comment by employee unions, public comment on Consent and Information items, and adoption of the Consent Calendar, the public may comment on each remaining item listed on the Agenda for action as the item is taken up.

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

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

Page 31 of 101 ends

Page 99 ends

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

4. Appeals Appearing on Action Calendar.

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

Appeals from decisions of the Zoning Adjustments Board and Landmarks Preservation Commission are automatically set for public hearing and appear on the “Public Hearings” section of the Council Agenda.

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

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

After the conclusion of the seven-minute comment periods, members of the public may comment on the appeal. Comments from members of the public regarding appeals shall be limited to one minute per speaker. Any person that addressed the Council during one of the seven-minute periods may not speak again during the public comment period on the appeal. Speakers may yield their time to one other speaker, however, no speaker shall have more than two minutes. Each side shall be informed of this public comment procedure at the time the Clerk notifies the parties of the date the appeal will appear on the Council Agenda.

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

The Brown Act prohibits the Council from discussing or taking action on an issue raised during Public Comment, unless it is specifically listed on the Agenda.

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

B. Consent Calendar
There shall be a Consent Calendar on all regular meeting Agendas on which shall be included those matters which the Mayor, Councilmembers, boards, commissions, City Auditor, and Charter Officers deem to be of such nature that no debate, prolonged discussion, or inquiry will be necessary at the Council meetings.

Ordinances for second reading may be included in the Consent Calendar.

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

Page 32 of 101 ends

Page 100 ends

IV. CONDUCT OF MEETING
30City of Berkeley Council Rules of Procedure and Order C. Information Reports Called Up for Discussion
Reports for Information designated for discussion at the request of the Mayor or any Councilmember shall be added to the appropriate section of the Action Calendar and may be acted upon at that meeting or carried over as pending business until discussed or withdrawn. The Agenda will indicate that at the request of the Mayor or any Councilmember a Report for Information may be acted upon by the Council.

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

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

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

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

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

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

This is followed by five-minute presentations each by first the appellant and then the applicant. Where the appellant is not the applicant, the appellants of a single appeal collectively shall have five minutes to comment and the applicant shall have five minutes to comment. If there are multiple appeals filed, each appellant or group of appellants shall have five minutes to comment. Where the appellant is the applicant, the applicant/appellant shall have five minutes to comment and the persons

Page 33 of 101 ends

Page 101 ends

IV. CONDUCT OF MEETING
31City of Berkeley Council Rules of Procedure and Order supporting the action of the board or commission on appeal shall have five minutes to comment. In the case of a public nuisance determination, the representative(s) of the subject property shall have five minutes to present.

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

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

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

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

The Presiding Officer will request that persons wishing to speak line up at the podium or raise their hand on the videoconference to be recognized and to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.

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

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

Page 34 of 101 ends

Page 102 ends

V. PROCEDURAL MATTERS
32City of Berkeley Council Rules of Procedure and Order V. PROCEDURAL MATTERS
A. Persons Authorized to Sit at Tables
No person, except City officials, their representatives and representatives of boards and commissions shall be permitted to sit at the tables in the front of the Council Chambers without the express consent of the Council.

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

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

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

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

1. To adjourn;

2. To fix the hour of adjournment;

3. To lay on the table;

4. For the previous question;

5. To postpone to a certain day;

6. To refer;

7. To amend;

8. To substitute; and

9. To postpone indefinitely.

Page 35 of 101 ends

Page 103 ends

V. PROCEDURAL MATTERS
33City of Berkeley Council Rules of Procedure and Order These motions shall have precedence in order indicated. Any such motion, except a motion to amend or substitute, shall be put to a vote without debate.

E. Robert’s Rules of Order
Robert’s Rules of Order have been adopted by the City Council and apply in all cases except the precedence of motions in Section V.D shall supersede.

F. Rules of Debate

1. Presiding Officer May Debate.

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

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

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

3. Interruptions.

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

4. Privilege of Closing Debate.

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

5. Motion to Reconsider.

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

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

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

Page 36 of 101 ends

Page 104 ends

V. PROCEDURAL MATTERS
34City of Berkeley Council Rules of Procedure and Order G. Debate Limited
For the Consent Calendar, the Mayor and Councilmembers will initially have up to five minutes each to make comments. After all members of the Council have spoken (or passed) and after public comment, members will each have two additional minutes to discuss the Consent Calendar.

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

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

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

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

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

1. Written Communications.

Interested parties or their authorized representatives may address the Council in the form of written communications in regard to matters of concern to them by submitting their written communications at the meeting, or prior to the meeting pursuant to the deadlines in Chapter III.D.5.

2. Public Hearings.

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

3. Public Comment.

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

Page 37 of 101 ends

Page 105 ends

V. PROCEDURAL MATTERS
35City of Berkeley Council Rules of Procedure and Order K. Addressing the Council After Motion Made
When a motion is pending before the Council, no person other than the Mayor or a Councilmember shall address the Council without first securing the permission of the presiding officer or Council to do so.

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

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

Page 38 of 101 ends

Page 106 ends

VI. FACILITIES
36City of Berkeley Council Rules of Procedure and Order VI.FACILITIES
A. Meeting Location Capacity
Attendance at Council meetings shall be limited to the posted seating capacity of the meeting location. Entrance to the meeting location will be appropriately regulated by the City Manager on occasions when capacity is likely to be exceeded. While the Council is in session, members of the public shall not remain standing in the meeting room except to address the Council, and sitting on the floor shall not be permitted.

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

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

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

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

C. Amplified Sound, Signs, Objects, and Symbolic Materials Amplified sound devices such as bullhorns, megaphones, portable sound systems, and similar devices are prohibited within the meeting location during Council meetings.

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

Any type of stick, pole, or similar object is prohibited in the meeting location during Council meetings.

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

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

Page 39 of 101 ends

Page 107 ends

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

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

Page 40 of 101 ends

Page 108 ends

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 38City of Berkeley Council Rules of Procedure and Order APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC

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

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

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

Board of Library Trustees
Parks, Recreation & Waterfront Commission – Parks, recreation centers, camps, plazas, public open spaces, and public facilities within the area of the City known as the Waterfront, as described in BMC 3.36.060.B.

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

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

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

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

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

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

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

Page 41 of 101 ends

Page 109 ends

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 39City of Berkeley Council Rules of Procedure and Order Section 3 – Criteria for Naming of Public Facilities
When considering the naming of a new public facility or an unnamed portion or feature within an already named public facility (such as a room within the facility or a feature within an established park), or, the renaming of an existing public facility the following criteria shall be applied:

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

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

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

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

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

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

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

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

B. The honoree has a record of outstanding service to their community.

C. Conditions of any donation that specifies that name of a public facility, as part of an agreement or deed, must be approved by the City Council, after review by and upon recommendation of the City Manager.

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

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

Page 42 of 101 ends

Page 110 ends

APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 40City of Berkeley Council Rules of Procedure and Order B. The City Manager shall refer the application to the appropriate lead commission as defined in Section 1 of the City’s policy on naming of public facilities, for that commission’s review, facilitation, and recommendation of disposition.

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

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

1. All recommendations or suggestion will be given the same consideration without regard to the source of the nomination.

D. The lead commission shall hold a public hearing and notify the general public of any discussions regarding naming or renaming of a public facility.

1. Commission action will be taking at the meeting following any public hearing on the naming or renaming.

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

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

Page 43 of 101 ends

Page 111 ends

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 41City of Berkeley Council Rules of Procedure and Order APPENDIX B. GUIDELINES FOR CITY COUNCILMEMBER/MAYOR

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

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

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

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

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

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

Winter rains are lasting longer than expected. Berkeley’s winter shelters are poised to close in three weeks, but forecasts suggest rain for another two months. If they do not remain open until the end of the rainy season,

Page 44 of 101 ends

Page 112 ends

APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL AGENDA ITEMS 42City of Berkeley Council Rules of Procedure and Order hundreds of people will be left in the rain 24/7. Therefore, this item seeks authorization to keep Berkeley’s winter shelters open until the end of April, and refers to the Budget Process $40,000 to cover costs of an additional two months of shelter operations.

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

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

Page 45 of 101 ends

Page 113 ends

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

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

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

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

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

Page 46 of 101 ends

Page 114 ends

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

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

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

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

14.Contact Information

15.Attachments/Supporting Materials

Page 47 of 101 ends

Page 115 ends

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6900 ● TDD: (510) 981-6903 ● Fax: (510) 981-6901 E-Mail: [email protected] Website: http://www.berkeleyca.gov Attachment 2
The Berkeley City Council
Rules of Procedure and Order
Adopted by Resolution No. 71,174##,###–N.S.

Effective January 22, 2024[Date]

Page 48 of 101 ends

Page 116 ends

2City of Berkeley Council Rules of Procedure and Order
Table of Contents
I. DUTIES........................................................................................................................4 A. Duties of Mayor............................................................................................................4 B. Duties of Councilmembers...........................................................................................4 C. Motions to be Stated by Chair .....................................................................................4 D. Decorum by Councilmembers .....................................................................................4 E. Voting Disqualification .................................................................................................4 F. Requests for Technical Assistance and/or Reports.....................................................5 II. MEETINGS..................................................................................................................6 A. Call to Order - Presiding Officer..................................................................................6 B. Roll Call ......................................................................................................................6 C. Quorum Call................................................................................................................6 D. Council Meeting Conduct of Business........................................................................6 E. Adjournment ................................................................................................................7 G. City Council Schedule and Recess Periods ................................................................7 H. Pledge of Allegiance to the Flag..................................................................................8 I. Ad Hoc Subcommittees ...............................................................................................8 III. AGENDA ................................................................................................................. 109 A. Declaration of Policy................................................................................................ 109 B. Definitions................................................................................................................ 109 C. Procedure for Bringing Matters Before City Council.............................................. 1211 D. Packet Preparation and Posting ............................................................................ 2016 E. Agenda Sequence and Order of Business ............................................................ 2117 F. Closed Session Documents................................................................................... 2218 G. Regulations Governing City Council Policy Committees ....................................... 2319 IV. CONDUCT OF MEETING ..................................................................................... 2924 A. Comments from the Public .................................................................................... 2924 B. Consent Calendar.................................................................................................. 3427 C. Information Reports Called Up for Discussion....................................................... 3427 D. Written Communications........................................................................................ 3428 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters3528 F. Work Sessions....................................................................................................... 3629 G. Protocol.................................................................................................................. 3629 V. PROCEDURAL MATTERS................................................................................... 3730 A. Persons Authorized to Sit at Tables ...................................................................... 3730 B. Decorum ................................................................................................................ 3730 C. Enforcement of Decorum....................................................................................... 3730 D. Precedence of Motions.......................................................................................... 3730 E. Robert’s Rules of Order......................................................................................... 3831 F. Rules of Debate..................................................................................................... 3831 G. Debate Limited....................................................................................................... 3932 H. Motion to Lay on Table .......................................................................................... 3932 I. Division of Question............................................................................................... 4032 J. Addressing the Council.......................................................................................... 4032 K. Addressing the Council After Motion Made ........................................................... 4033 L. Use of Cellular Phones and Electronic Devices .................................................... 4033

Page 49 of 101 ends

Page 117 ends

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

Page 50 of 101 ends

Page 118 ends

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

Page 51 of 101 ends

Page 119 ends

Page 52 of 101 ends

Page 120 ends

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

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

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

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

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

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

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

Page 53 of 101 ends

Page 121 ends

II. MEETINGS
7City of Berkeley Council Rules of Procedure and Order
A public hearing that is not expected to be lengthy may be placed on the agendaAgenda for a regular business meeting. When a public hearing is expected to be contentious and lengthy and/or the Council’s regular meeting schedule is heavily booked, the Agenda & Rules Committee, in conjunction with the staff, will schedule a special meeting exclusively for the public hearing. No other matters shall be placed on the agendaAgenda for the special meeting. All public comment will be considered as part of the public hearing and no separate time will be set aside for public comment not related to the public hearing at this meeting.

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

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

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

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

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

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

Page 54 of 101 ends

Page 122 ends

II. MEETINGS
8City of Berkeley Council Rules of Procedure and Order
When a recess period occurs, the City Manager is authorized to take such ministerial actions for matters of operational urgency as would normally be taken by the City Council during the period of recess except for those duties specifically reserved to the Council by the Charter, and including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety; the authority to extend throughout the period of time established by the City Council for the period of recess.

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

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

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

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

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

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

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

Agendas for subcommittee meetings must be posted in the same manner as the agendas for regular Council meetings except that subcommittee agendas may be posted with 24-hour notice. The public will be permitted to comment on agenda items Commented [NML6]: Ad hoc committees are not legislative bodies under the Brown Act. These requirements have been repealed for commissions and need to be repealed for the Council for consistency.

Page 55 of 101 ends

Berkeley City CouncilSeptember 24, 2024

Berkeley City Council
September 24, 2024