Agenda packet, first session — Berkeley City Council, October 29, 2024 (part 1 of 5)

Tuesday, October 29, 2024 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, October 29, 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:

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 UR L: https://cityofberkeley-info.zoomgov.com/j/1604285038. 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: 160 428 5038. 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 presidi ng 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 disrupti ve 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 dec isionmaker 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.

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Tuesday, October 29, 2024 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.

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Tuesday, October 29, 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.

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.

Consent Calendar

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 9, 2024 (closed), September 10, 2024 (regular), September 16, 2024 (closed and special), September 24, 2024 (closed and regular), September 30, 2024 (closed and special).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

2. City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
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 to account for hybrid meetings; incorporate certain temporary provisions from Appendix C into the main body of the document; and rescinding any preceding amendatory resolutions.

Policy Committee Recommendation: To recommend the proposed amendments to the City Council, amended to remove the portion on limiting debate and the phrase about votes on the Consent Calendar.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 29, 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

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Consent Calendar
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4. Purchase Order: ZOLL Medical Corporation for ECG Monitor/Defibrillators From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order and any amendments with ZOLL Medical Corporation to purchase a new fleet of 40 Advanced Life Support (ALS) Electrocardiogram (ECG) Monitor/Defibrillators, associated equipment and maintenance in an amount not to exceed $2,832,950 for not more than seven (7) years.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

5. Contract: Berkeley Food Network for Berkeley-Based Food Assistance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute a contract and any amendments or extensions with Berkeley Food Network to provide food assistance to low-income households in Berkeley in an amount not to exceed $400,000 for the period December 2, 2024 through June 30, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

6. Contract No. 32400176 Amendment: Health Officer Coverage – Dr. Gail Newel From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400176 with Dr. Gail Newel to increase by $50,000 for a total not to exceed amount (NTE) of $100,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

7. Contract No. 32400177 Amendment: Health Officer Coverage – Dr. Lisa B.

Hernandez
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $50,000 for a total not to exceed amount (NTE) of $100,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar
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8. Housing Trust Fund Recommendations for the Berkeley Unified School District Workforce Housing Project and the St. Paul Terrace Project From: City Manager
Recommendation: Adopt a Resolution to: 1. Reserve an additional $2,000,000 for Satellite Affordable Housing Associates (SAHA) and Abode Communities’ Berkeley Unified School District (BUSD) Workforce Housing project; and 2. Reserve an additional $3,504,319 for Community Housing Development Corporation of North Richmond (CHDC)’s St. Paul Terrace project with the following conditions: a. Funds shall be reserved for a period of no more than 18 months from the date of Council approval, contingent on the development team obtaining all required land use approvals of the property and securing commitments for project funding that the City Manager or their designee deems sufficient within the reservation period. b. CHDC shall apply to alternative funding sources with the intent of reducing the need for these additional City funds. CHDC shall provide updates to the City on the applications submitted and the outcomes. 3. Authorize the City Manager or their designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

9. Fiscal Year 2025 Meals on Wheels of Alameda County Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting donations for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency, for Fiscal Year 2025 (FY2025).

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

10. Contract No. 32400104 Amendment: SmartWave for City Facility Managed Wi-Fi From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32400104 with SmartWave Technologies LLC, for managed Wi-Fi and related services increasing the amount by $250,000 for a total not-to-exceed amount of $620,000 from July 25, 2023 to June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
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11. Contract: American Debris Box Service Inc. for Portable Toilet Service From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute a contract and any amendments with American Debris Box Services, Inc. for portable toilet service in an amount not to exceed $360,000 for a period of two years, with an option to extend up to three additional 12-month periods for a total amount not to exceed $900,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

12. Contract: Redwood Engineering Construction for Martin Luther King Jr. Civic Center Park - Upper Plaza Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Martin Luther King Jr. Civic Center Park Upper Plaza Improvements Project; and

2. Accepting the bid of the lowest responsive and responsible bidder, Redwood Engineering Construction; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Redwood Engineering Construction, for the Martin Luther King Jr. Civic Center Park Upper Plaza Improvements Project at 2135 Martin Luther King Jr Way, in an amount not to exceed $1,042,139 which includes a contract amount of $868,449 and a 20% contingency in the amount of $173,690.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Donation from Berkeley Echo Lake Camp Association for Echo Lake Camp Youth Scholarships and Programming
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of up to $25,000 from the Berkeley Echo Lake Camp Association (BELCA) for Echo Lake Camp youth scholarships and programming.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

14. Council Referral and Contract: Green Pocket Forest for Miyawaki Forest Design and Installation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to execute a contract with Green Pocket Forest for the design and installation of a Miyawaki forest in an amount not to exceed $142,775.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
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15. Agreement Regarding Allocation of Costs for Railroad Crossing Improvements for Berkeley Commons Between Berkeley Commons Owner, LLC, (“Developer”) a California Limited Liability Company and the City of Berkeley (“City”)
From: City Manager
Recommendation: Adopt a Resolution authorizing City Manager to execute an agreement (Attachment 1 to the report) and any amendments with Berkeley Commons (Developer) for payment for all the improvements to mitigate the impact of Berkeley Commons Development (Project) at the Addison Street and Bancroft Way at-grade railroad crossings.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

16. Contract No. 32500095 Amendment: B-Bros Construction Inc. for Temporary Stabilization of Stair Tower Windows at 2180 Milvia Street From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500095 with B-Bros Construction, Inc. to complete the window stabilization and add additional scope to remediate flaking paint and repaint interior perimeter walls at 2180 Milvia Street, increasing the current authorized not-to-exceed (NTE) contract amount of $400,000 by $947,671, for a total NTE amount of $1,347,671.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

17. Renewal of the Solano Avenue BID for Calendar Year 2025 From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2024 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2025; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2025; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for December 3, 2024.

Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530

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Council Consent Items
Tuesday, October 29, 2024 AGENDA Page 8

18. 2024-2025 Budget Request: Funding for Speed Bump at Russell and Martin Luther King Jr. Way
From: Councilmember Bartlett (Author)
Recommendation: That the Council refers the November AAO#1 Budget Process $7,000 to fund the speed bump installation on Russell Street at King Street or other costs associated with the traffic calming method that City Staff sees fit.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

19. FY25 Budget Request: Funding for Replacement of Six Existing Wrought Iron Barriers for South Adeline Circular Planters
From: Councilmember Bartlett (Author)
Recommendation: That the City Council refer $50,000 to the FY25 AAO1 budget process for the replacement of the existing six wrought iron barriers that protect the circular planters on South Adeline Street in District 3, as requested by community members and identified by city staff. These new artistic barriers will match the ones on Shattuck Avenue in the downtown area, create new seating opportunities, enhance the aesthetic appeal and foster a more positive community atmosphere.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

20. “Your Rose Garden”: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Vice Mayor Susan Wengraf to the Living New Deal, earmarked for the completion of the short film, “Your Rose Garden,” with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Vice Mayor Wengraf and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

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 time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the

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Action Calendar
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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.

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 – New Business

21a. Achieving Goals of 2018 Berkeley Age-Friendly Action Plan (Reviewed by Budget & Finance Committee)
From: Commission on Aging
Recommendation: Refer to the City Manager steps to revisit and act on the recommendations of the Berkeley Age-Friendly Action Plan as outlined in the report, by building on what is already occurring in the community, expanding the Plan’s impact, and addressing gaps by increasing funding for personnel and other services currently being offered, as well as others identified in the Age-Friendly Plan.

The Aging Commission identified as first steps four (4) priority areas and goals for the Action Plan: 1. Housing and Economic Security: Develop a continuum of affordable, accessible housing options for older adults to age in their community regardless of their health or financial status. 2. Transportation and Mobility: Advance a network of public and private transportation (including transit, assistive devices, e- bikes and e-scooters and bicycling and walking) that equitably serves residents and connects them to services, social activities, and employment opportunities.

3. Health and Wellness: Develop a more integrated system of services and supports that is person-centered and ensures that all residents have the opportunity to engage in health promoting activities. 4. Social Participation and Civic Engagement: Enhance neighborhood cohesion and social connectedness of all Berkeley residents with community events and activities that are inclusive, affordable, and accessible.

In the short term, the Commission recommends that these plans should include a budget referral to the City Manager for consideration in the biennial budget process.

Policy Committee Recommendation: To refer the item from the Commission and the City Manager Companion Report item to the City Council with a qualified positive recommendation to consider sending both items to the City Manager for evaluation of the age-friendly action plan and the provision of recommendations.

Financial Implications: See report
Contact: Darleen Bronson, Commission Secretary, (510) 981-5400

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Action Calendar – New Business
Tuesday, October 29, 2024 AGENDA Page 10
21b. Companion Report: Achieving Goals of 2018 Berkeley Age-Friendly Action Plan (Reviewed by Budget & Finance Committee)
From: City Manager
Recommendation: Refer to the City Manager to review and prioritize the recommendations of the City of Berkeley’s Age-Friendly Action Plan, in conjunction with the results of the Community Health Assessment that will be conducted by the Health, Housing, and Community Services Department in the 2024 calendar year. In addition, to consider the following referrals: 1. Refer to the Transportation Commission to collaborate with the Commission on Aging to assess the equitable accessibility of public transportation options for the older adult and disabled community in Berkeley 2. Refer to Housing Advisory Commission to collaborate with staff to assess the level of affordable, accessible housing options for older adults to age in the Berkeley community. 3. Refer the Commission on Aging’s request for increased funding to the Budget and Finance Policy Committees for further deliberation.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

22a. Measure P Allocations, Fiscal Year 2025-2026 (Reviewed by Budget & Finance Committee)
From: Homeless Services Panel of Experts
Recommendation: That Council approve the Homeless Services Panel of Experts recommendations to allocate Measure P revenue providing homeless services as detailed in Attachment 1, Exhibit A to the report.

Policy Committee Recommendation: To refer the item from the Commission and the City Manager Companion Report item to the City Council with a negative recommendation that no further action is required, as the Council has already taken action through the adoption of the 2025-26 Bi-annual Budget.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

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Action Calendar – New Business
Tuesday, October 29, 2024 AGENDA Page 11
22b. Companion Report: Measure P Allocations, Fiscal Year 2025-2026 (Reviewed by Budget & Finance Committee)
From: City Manager
Recommendation: Approve the Homeless Services Panel of Experts recommendations for Fiscal Years 2025-2026, but continue to partially fund 5150 transports from Measure P until alternative sources can be identified.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000, David Sprague, Fire, (510) 981-3473

Council Action Items

23. Budget Referral: Allocate the Existing $900,000 Transportation Network Company (TNC) Tax to Calm Traffic in Vicinity of Derby St., Increase Citywide Traffic Calming Budget, and Establish Ongoing General Fund Allocation Policy for the TNC (Reviewed by Budget & Finance Committee)
From: Councilmember Harrison (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to City Manager and the Budget and Finance Committee to consider establishing an ongoing General Fund policy of allocating 50% of annual TNC Tax revenues to a citywide traffic calming budget and the remaining 50% to tier 1 bike/pedestrian/transit priority projects as specified under 3. a-c.

Policy Committee Recommendation: To refer the item to the City Council with a qualified positive recommendation to refer the policy to the 2026 Fiscal Year budget process for consideration alongside other available funds for traffic calming, bike, pedestrian, and transit priority projects.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Information Reports

24. Commission on Labor Fiscal Year 2025 Work Plan
From: Commission on Labor
Contact: Margot Ernst, Commission Secretary, (510) 981-5400

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

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Tuesday, October 29, 2024 AGENDA Page 12
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.

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.

Communications 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].

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Tuesday, October 29, 2024 AGENDA Page 13

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 October 17, 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.

Berkeley Art Center

1. Chandra Cerrito

2. Sholeh Asgary

3. Helia Pouyanfar

Bearathlon 2024

4. Brooke Soobrian

Health Demands

5. Cameron Woo

Heatwave and Cooling Centers

6. Pamela Michaud

7. Alex S. Merenkov

Cannabis Ordinance

8. Geoffrey Lomax

9. Barbara Gilbert

12 Panoramic Construction

10. Andrew Fisher

TOPA

11. Melody Hultgren

Greek Theater

12. Lynn

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Encampment Policy

13. Eva Herzer

RM4

14. Save Marinwood

15. Ken Bukowski

Kittleson Parking Memorandum

16. James McGrath

Missing Middle

17. Jack Kurzweil
Marin St. Fire Station Trees

18. Pauline Bondonno Cross, Jason Cross, and Julia Cross

6th and Harrison

19. Craig Nagasawa

UA Theater

20. John Zabinski

Cesar Chavez Park

21. Dave Mandel

Commemoration Invitation

22. Elana Naftalin-Kelman

Carpet Repair

23. Alex S. Merenkov

Missed Inspection

24. Preeti

Newsletters

25. Josh Atwood

26. Richard Schwartz

27. Young Futures Team

28. Eric Friedman

Books in Berkeley

29. Josh Atwood

Shotgun Players Funding

30. Pauline Bondonno Cross and Jason Cross

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URL’s

31. Josh Atwood (5)

32. Eid

33. Keith Bayne

34. Jaleh Niazi

Forwards of Current Events

35. Eid (5)

Middle East Conflict and Peace & Justice Commission

36. Mariel Estrada

37. Summer Brenner

38. Diana Bohn

39. Sally Nelson

40. Juli Dickey

41. Stephanie Allan and Jack Kurzweil

42. Brett Mendel

43. Tal Garner

44. 47 Similarly worded form letters “Vote NO on ceasefire and NO on related resolutions”

45. 49 Similarly worded for letters “Thank You for Passing the Resolution for Peace and Justice in Palestine”

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.

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

CONSENT CALENDAR
October 29, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of September 9, 2024 (closed), September 10, 2024 (regular), September 16, 2024 (special and closed), September 24, 2024 (special and regular), September 30, 2024 (closed and special).

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:

1. September 9, 2024 – Special Closed City Council Meeting

2. September 10, 2024 – Regular City Council Meeting

3. September 16, 2024 – Special City Council Meeting

4. September 16, 2024 – Regular City Council Meeting

5. September 24, 2024 – Special Closed City Council Meeting

6. September 24, 2024 – Regular City Council Meeting

7. September 30, 2024 – Special City Council Meeting

8. September 30, 2024 – Special Closed City Council Meeting

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Monday, September 9, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, SEPTEMBER 9, 2024
4:30 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1615126453. 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: 161 512 6453. 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.

Attachment 1

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Monday, September 9, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

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

Absent: Kesarwani, Bartlett, Hahn
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1) and (4):
a. Service Employees International Union Local 1021 v. City of Berkeley California Public Employment Relations Board
Unfair Practice Charge No. SF-CE-2211-M (filed August 8, 2024) b. Service Employees International Union Local 1021 v. City of Berkeley California Public Employment Relations Board
Unfair Practice Charge No. SF-CE-2218-M (filed August 23, 2024) Action: No reportable action taken.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: LaTanya Bellow, Interim City Manager, Anne Cardwell, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Chaka Young, Employee Relations Manager, Jonathan Holtzman, Labor Negotiator, Burke Dunphy, Labor Negotiator Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 5:42 p.m.

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Monday, September 9, 2024 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 9, 2024.
_________________________
Mark Numainville, City Clerk
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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.

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Tuesday, September 10, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, September 10, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION – 17 E MONROE STREET, CHICAGO, IL 60603

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/1607838997. 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: 160 783 8997 . 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.

Attachment 2

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Tuesday, September 10, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 6:11 p.m.

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

Ceremonial Matters:

1. Pledge of Allegiance
City Manager Comments:

The City Manager announced several community events including Movies in the Park at Grove Park on 9/13; Skate Jam at the Skate Park on 9/14; Poppin’ Thursday Roller Party at Gove Park on 9/19; Coastal Cleanup at Shorebird Park on 9/21.

Public Comment on Non-Agenda Matters: 10 speakers.

Public Comment by Employee Unions: 0 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 7 speakers.

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

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

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Recess Items
Tuesday, September 10, 2024 MINUTES Page 3

1. Grant Application: Local Transportation Climate Adaptation Program (LTCAP) for the Interstate 80 Aquatic Park Lagoon Tidetube Culvert Resiliency Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state Local Transportation Climate Adaptation Program (LTCAP) for the Aquatic Park Tidetube Culvert Resiliency Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: $3.2 million in grant revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,485–N.S.

2. Grant Application: U.S. DOT – Charging and Fueling Infrastructure Discretionary Grant – South Cove West Parking Lot Renovation and EV Charging Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the U.S. DOT Charging and Fueling Infrastructure (CFI) Discretionary Grant program for the South Cove West Parking Lot Renovation and EV Charging Project.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,486–N.S.

Consent Calendar

3. Lot Line Adjustments at 1401 Carleton Street and 1423 Ward Street From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,932-N.S. authorizing the City Manager to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street to resolve main dwelling encroachments at the City’s Santa Fe Trackbed to Park Conversion Project Site.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,932–N.S.

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 4

4. Lease Agreement: Youth Musical Theater Company for the Live Oak Theater at 1301 Shattuck Ave
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,933-N.S. authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s Live Oak Theater at 1301 Shattuck Avenue for a term of three years, anticipated to begin September 1, 2024 and ending August 31, 2027, with one five-year option.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,933–N.S.

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 8, 2024 (special), July 9, 2024 (special and regular), July 22, 2024 (special), July 23, 2024 (specials and regular), July 29, 2024 (special), July 30, 2024 (special and regular) August 5, 2024 (special).

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

6. Contract: FileTrail, Inc. for Records Management Software System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with FileTrail, Inc. for $178,653.47 for software licensing, maintenance, and related services for a records management software system, for a total contract amount not to exceed $178,653.47 and for the term from September 26, 2024 to September 26, 2029.

Financial Implications: General Fund - $178,653.47
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,487–N.S.

7. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 18, 2024, in Long Beach.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Designated Councilmember Humbert as the City’s Voting Delegate.

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 5

8. City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
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.

Policy Committee Recommendation: 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.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Item 8 continued to September 24, 2024.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 10, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $5,960,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

10. Mental Health Services Act Fiscal Year 2025 Annual Update From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2025 Annual Update, which identifies uses of funds for mental health programming, and forwarding the Annual Update to appropriate State officials.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,488–N.S.

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 6

11. 2024 Local Housing Trust Fund Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Local Housing Trust Fund program, in an amount not to exceed $5,000,000, and to apply such funds to the City's existing funding reservations for two projects at the North Berkeley BART (NBB) site: NBB East Bay Asian Local Development Corporation (EBALDC) Project and NBB BRIDGE Insight Permanent Supportive Housing (PSH) Project via the City's Housing Trust Fund program.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,489–N.S.

12. Contract No. 32300112 Amendment: Harold Dichoso for COVID-19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300112 with Harold Dichoso, to extend the contract end date through June 30, 2025 and increase the not-to-exceed amount (NTE) by $63,928 utilizing one-time grant funds. The amendment will increase the NTE amount from $144,950 to $208,878.

Financial Implications: One-Time Fund - $63,928
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,490–N.S.

13. Contract No. 32200135 Second Amendment: Multicultural Institute for COVID- 19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 32200135 with Multicultural Institute, to extend the contract end date through June 30, 2025, and increase the not-to-exceed amount (NTE) by $45,136 utilizing one-time grant funds.

The amendment will increase the NTE amount from $186,000 to $231,136.

Financial Implications: One-Time Fund - $45,136
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to Action Calendar. M/S/C (Tregub/Lunaparra) to adopt Resolution No. 71,491–N.S.

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

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 7

14. Contract No. 32500020 Amendment: ACAPMO for Technology PMO Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500020 with company ACAPMO for Technology Program/Project Management Office (PMO) services, to allow for additional services and support for a total not to exceed $249,999 from August 1, 2024 to December 31, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,492–N.S.

15. Contract No. 31900187 (Fund$ 10734) Amendment: ISP.NET (formerly LV.NET) for Secondary Internet for Redundancy and Load Balancing From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900187 (Fund$ 10734) with ISP.NET (formerly LV.NET) for redundant secondary internet services, increasing the contract amount by $84,000 for a total not-to-exceed amount of $362,000 from October 3, 2017 to June 30, 2026.

Financial Implications: Communications Services Fund - $84,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,493–N.S.

16. Contract No. 32100185 Amendment: Digital Hands for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100185 with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), increasing the contract by $1,037,372 for an increased total not to exceed amount of $2,033,489, from May 14, 2021 to June 30, 2027.

Financial Implications: IT Cost Allocation Fund - $1,037,372 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,494–N.S.

17. Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Computer Aided Dispatch (CAD) Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 114159-1 with Tyler Technologies, Inc. for an extension of the maintenance and support of Computer Aided Dispatch (CAD) software, increasing the amount by $645,173 for a total contract value not-to-exceed $2,934,123, and extending the term of the contract through June 30, 2026.

Financial Implications: General Fund - $645,173
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,495–N.S.

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 8

18. Contract: With Roundstone Solutions Inc., an implementer of Nutanix Hyperconverged Technologies: Using State of California Department of General Services (DGS) Leveraged Procurement Agreement (LPA) for hardware, software, and services related to the Server Infrastructure Upgrade and Azure Disaster Recovery
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with Roundstone Solutions Inc., an implementer of Nutanix Hyperconverged Technologies, for the purchase of server hardware, software, and related services for a server infrastructure upgrade and disaster recovery enhancements, utilizing pricing established by the State of California Department of General Services (DGS) Leveraged Procurement Agreement (LPA), for a total amount not to exceed of $1,395,000 for the term August 1, 2024 through July 31, 2027.

Financial Implications: IT Cost Allocation Fund - $1,395,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,496–N.S.

19. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $50,000, for a total not-to-exceed amount of $299,500 through July 31, 2025.

Financial Implications: IT Cost Allocation - $50,000
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,497–N.S.

20. Dell Computers, Inc.: Contract # 319002070-Using County of Riverside Amendment No. 1 to the Licensing Solution Provider Agreement with Dell Marketing L.P. for Computer Hardware and Software Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Dell Computers, Inc. for the purchase of computer and server hardware, software, and related services, utilizing pricing and contracts, amendments, and extensions from the County of Riverside Amendment No. 1 to the Licensing Solution Provider for the period beginning November 1, 2019 through October 31, 2025 for an additional amount of $1,704,438 in Fiscal Year 2025 with a total Not-To-Exceed (NTE) contract amount of $5,411,676.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,498–N.S.

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 9

21. Contract No. 099471-1 Amendment: Integrated Business Consultants of GA to Extend Term, Maintenance & Support for the PacSoft Marina Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 099471-1 with Integrated Business Consultants of GA (“Reseller”) for: (1) additional software maintenance and (2) twenty (20) additional support hours, in an amount not to exceed $16,906.61 for a new not to exceed contract amount of $100,359.61, and extending the contract term through June 30, 2027.

Financial Implications: Marina Operations Fund - $16,906.61 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,499–N.S.

22. Contract No. 32400029 Amendment: Baldoni Construction Services, Inc. for Echo Lake Camp Accessibility Upgrades
From: City Manager
Recommendation: Adopt a Resolution increasing the amount for Contract No. 32400029 with Baldoni Construction Service, Inc. for the Echo Lake Camp Accessibility Upgrades Project by $120,000 for a total not to exceed amount of $556,954.

Financial Implications: General Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,500–N.S.

23. Donation: Memorial Bench at the Berkeley Waterfront Pathway in memory of Ying Xiang Liu
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront Pathway in memory of Ying Xiang Liu.

Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,501–N.S.

24. Donation: Memorial Bench at the Berkeley Waterfront in memory of Obaidulla Khan
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront in memory of Obaidulla Khan.

Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,502–N.S.

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Consent Calendar
Tuesday, September 10, 2024 MINUTES Page 10

25. Mills Act Contract – 1401 Le Roy Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Michael Greenwald and Ronna Bach for the City Landmark property at 1401 Le Roy Avenue.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Moved to Action Calendar. M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,503–N.S.

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

26. Mills Act Contract – 60 Panoramic Way
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Jordan Kanarek and Gabrielle Goldstein for the City Structure of Merit property at 60 Panoramic Way.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,504–N.S.

27. Mills Act Contract – 7 Greenwood Common
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 7 Greenwood Common.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Moved to Action Calendar. M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,505–N.S.

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

28. Donation: Fusako Castro Estate to the Berkeley Police Department From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $1,125.42 from the Fusako Castro Estate to the Berkeley Police Department.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,506–N.S.

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Consent Calendar
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29. Contract: All-Star Talent for Recruiting, Advertising, and Marketing Strategy for the Berkeley Police and Fire Departments
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with All-Star Talent for public safety recruiting and retention services from June 1, 2024 through May 30, 2028 and a not to exceed $1,313,482 with an option to extend for two additional two-year periods.

Financial Implications: Various Funds - $1,313,482
Contact: Jennifer Louis, Police, (510) 981-5900, David Sprague, Fire, (510) 981- 3473
Action: Adopted Resolution No. 71,507–N.S.

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

30. Revenue Grant: California Office of Traffic Safety (OTS) for the 2025 “Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.

This OTS grant is for $255,000 for the period of October 1, 2024 through September 30, 2025, which is Federal Fiscal Year 2025.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,508–N.S.
31a. Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
From: Disaster and Fire Safety Commission
Recommendation: Adopt a Resolution approving the development of a plan that includes a feasibility study and identification of funding sources for the construction of an emergency secondary egress road on Panoramic Hill. Such a plan could include discussions between the City of Berkeley, the City of Oakland, UC Berkeley, East Bay Regional Parks District and Alameda County and should also provide for continued contact with the Disaster and Fire Safety Commission (DFSC) as well as other related Berkeley Commissions as the Council determines.

Policy Committee Recommendation: To send the Commission item and the City Manager Companion Report to Council, and giving a positive recommendation to the City Manager Companion Report for City Council to adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Adopted Resolution No. 71,509–N.S.

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31b. Companion Report: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
From: City Manager
Recommendation: Adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. The results of the study should then be shared with the Public Safety Policy Committee.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,510–N.S.

32. Request for One Additional Meeting in 2024 due to Special Meeting to Address Insight Housing Allocation
From: Homeless Services Panel of Experts
Recommendation: That Council recommend to refer to the City Manager that one additional meeting be granted to the Homeless Services Panel of Experts (HSPE) in 2024.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: Approved recommendation.

33. Official Naming of the Concrete Planter at the Southeast Corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden” From: Parks, Recreation and Waterfront Commission
Recommendation: Adopt a Resolution officially naming the concrete planter at the southeast corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden”.

Financial Implications: None
Contact: Roger Miller, Commission Secretary, (510) 981-6700 Action: Adopted Resolution No. 71,511–N.S.

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34. 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 the first reading of an Ordinance to amend Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, by adding Sub- section L, Wildfire Hardening, below Sub-section K, Seismic Upgrades.

Financial Implications: To be determined
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopt first reading of Ordinance No. 7,934–N.S. as revised in Supplemental Communications Packet #2 by Vice-Mayor Wengraf. Second reading scheduled for September 24, 2024.

35. AC Transit Draft Final Plan
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to AC Transit urging them to reconsider the frequency of service for bus lines 65 and 67 including restoration of weekend service.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Councilmember Humbert added as a co-sponsor. Approved recommendation.

Action Calendar – Public Hearings

36. Ambulance Transport Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective July 1, 2024, for the Cities of Alameda, Albany, Berkeley, and Piedmont and to adjust the First Responder Fee. The increase would be included as an updated addendum to the Ambulance Provider Agreement, and rescinding Resolution 71,063–N.S.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 2 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Taplin) to adopt Resolution No. 71,512–N.S.

Vote: All Ayes.

Recess 7:19 p.m. – 7:34 p.m.

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37. 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 a resolution affirming that the City of Berkeley will continue to offer interim housing (i.e., a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government. In order to account for nuanced health and safety situations, the resolution allows for six specific exceptions to this practice, based on City staff experience.

Offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness. It will continue to be the City’s practice to make shelter offers whenever practicable and to invest in more shelter options. However, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances:
-The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, Berkeley Municipal Code (BMC) Chapter 19.48; or
-The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
-The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or -The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or -The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section

13.36.045; or
-The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.

The City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e) ; or citation and arrest, even if a shelter offer cannot be made.

Adopt 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

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signage to deter re-encampment.

Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Recess 9:35 p.m. – 9:56 p.m.

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

Vote: All Ayes.

Action: M/S/Failed (Hahn/Bartlett) to:
1) Direct the City Manager to enforce the current policy for temporary non- commercial items, as written, at the two West Berkeley encampments and any other severely and consistently impacted locations;
2) Adopt first reading of the ordinance proposed in the agenda item; and 3) Refer to the City Manager the concepts in this item, the comments received from homeless services providers, and the comments of the Council; and request that the City Manager return to Council with a carefully nuanced item, with the effective policy that articulates our affirmative commitments to shelter services and long- term housing; and that provides a clear and more limited set of circumstances, where we might enforce our rules against large and persistent accumulations of materials.

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

Action: 85 speakers. M/S/Carried (Kesarwani/Humbert) to:
1) Adopt Resolution No. 71,513–N.S. with the Resolved clauses amended to read:

NOW THEREFORE, BE IT RESOLVED that the City of Berkeley will continue to offer interim housing (generally a shelter offer, with a preference for non-congregate options) when closing encampments, whenever practicable, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government; BE IT FURTHER RESOLVED, in the event that the City Manager determines that cannot make a shelter offer is not practicable, then the City Manager is nonetheless authorized to enforce state and local laws, including the use of citation and arrest, only to address under the following specific circumstances:
● The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, BMC Chapter

19.48; or
● The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
● The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or

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● The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or ● The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section

13.36.045; or
● The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.

BE IT FURTHER RESOLVED, the City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e); and/or enforcement through applicable state and local laws citation and arrest, even if a shelter offer is not practicablecannot be made.

BE IT FURTHER RESOLVED, that the City Council determines that the Harrison Corridor (Harrison Street between Ninth and Seventh Streets, including Eighth Street north of Harrison) and the Second and Cedar area (Second Street between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth) meet all six health and safety exceptions as proscribed by the above-stated policy and should therefore be prioritized for enforcement.
2) Adopt first reading of Ordinance No. 7,935–N.S. Second reading scheduled for September 24, 2024.
3) Refer to City Manager to draft a public memo to clarify and explain the existing practices of City staff for engagement and outreach to service providers and the encampments prior to any kind of enforcement action that is contemplated in this item.

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

Information Reports

38. 2024-25 Housing Advisory Commission Work Plan
From: Housing Advisory Commission
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: Received and filed.

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

Vote: All Ayes.

Adjourned at 11:19 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on September 10, 2024.
__________________________
Mark Numainville, City Clerk
Communications
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter

14.48 of the Berkeley Municipal Code

1. Caroline Winnett

2. Tom Parrish

3. Steve Kromer

4. Peg Bogle

5. Jacques Janson

6. Dixon Brooke

7. Mary Law

8. Phil Allen

9. Chris Schalis

10. Steven S.

11. Gary Shoyama

12. Chia Zau

13. Dorothea Dorenz

14. David Rosen

15. Jim Liefer

16. Mark Rhoades

17. Mel

18. Tylee Holden

19. John Norheim

20. Susan Andres

21. Fabian Goericke

22. 48 Similarly-worded form letters
Specificity of Agenda Item Descriptions

23. Kitt Saginor, Chair, Open Government Commission

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Tuesday, September 10, 2024 MINUTES Page 18
Mitigation Plan

24. Mary BehmSteinberg

25. Susan Schwartz, President, Friends of Five Creeks
Zoning Concerns

26. John J. Parman

27. Elke Glendenning

28. Clifford Fred

29. Joe Schlessinger

30. Miki Tal

31. James Cline

32. Arlene Taylor

33. Betsy Bigelow-Teller

34. Susan Nunes Fadley (2)

35. Audre Newman

36. Tyler Kennedy

37. Dean Pollycove

38. Taya Monfried

39. Dorothea Dorenz

40. Gwen Martini

41. Lisa Bruce

42. John Rice

43. Rachel Bradley

44. Laurent de Janvry

45. Kathy Dittmer

46. Mary Louise Zernicke
Traffic Concerns

47. Amantuck Cappa-Lambert
Public Funds

48. David Lerman
East Bay Kidical Mass Invitation

49. Marc Hedlund
Flag Concerns

50. Michael J. Cassidy

51. Dorothea Dorenz
Containers at 2556 Haste St.

52. Jennifer Frehn
Wildlife Population

53. Erin Williams

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Tuesday, September 10, 2024 MINUTES Page 19
Residential Parking Permit

54. John J Brogan
Police Review Commission

55. Alan Jencks
Construction Debris

56. Chess Club
New Housing Concern

57. Ken Bukowski
Delaware Streets ADU

58. Leif White and Felisa Ramirez
New Tax Proposals

59. Gregory Harper
Rent Stabilization Ordinance Revisions

60. Toni Mester
Cedar Rose Park

61. Carol Hirth
BPD’s Policy 300 Community Input Sessions

62. Office of the Director of Police Accountability (2) Blocked Sidewalk Concern

63. Neighbors on 5th Street
Diverter Visibility

64. Alfred Twu

65. Warren J. Wells
Russell/Milvia Junction

66. Andy Verity
Small Landlords

67. Elliot Abrams
Berkeley Day Camp

68. Kendra K. Levine
Appliance Upgrades

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Tuesday, September 10, 2024 MINUTES Page 20

69. Nicole Bloom & Sue Swigart
Natural Gas

70. Ghawar Camij Toschian
People’s Park

71. Gabriel Cornejo

72. Russbumper

73. Paul Kealoha Blake
School Safety Programs

74. Dorothea Dorenz
Garbage Cans at Codornices Park

75. Katherine Silver
Safety Concerns

76. Katya and Unity Stoakes

77. Dr. Bruce Brody
Reusable Air Filters

78. Christopher La Combe
Rental Regulatory Agreement

79. Alex S. Merenkov
Restaurant Inspections

80. Barbara Gilbert

81. David Lerman

82. Sabina McMurtry
CA Senate Bill 4

83. Shane Bohart
UA Theater

84. Mimi Moungovan

85. Charlene Woodcock (2)

86. Constance Rivemale

87. James Hudkins

88. Mischa Lorriane

89. T.T. Nhu

90. Diana Naparst

91. Salli Lundgren

92. Allen Michaan

93. Laura Linden

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Longfellow Middle School

94. Liza Lutzker

95. Wahid Amiri
San Pablo Ave

96. Caramia Visick
Vandalism

97. Tim O’Brien
Police Accountability

98. Carol Denney (2)
Berkeley Post Office

99. Michael Martel
K Street Flats
100. Devisadaria Duchine
Chevron
101. Leslie West
Housing and Health Concern
102. Anne McClintock
Stadiums
103. Josh Atwood
Sylvia Mendez Air Quality
104. Carrie Rybczynski
105. Sara Peschel and Troy Martinez
106. Maria Carriedo (2)
TOPA
107. Jean Tepperman Tepperman
108. Tahira Dean
Veteran Blog
109. William T. Elliot
Lorin Commercial District
110. Teresa Clarke
Email Request
111. Pat Wilde

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Presidential Election
112. Russbumper (2)
113. David L. Axelrod
114. Arthur Fonseca
Middle East Conflict
115. Russbumper (8)
116. Erwan Illian (12)
117. Crustyrusty
118. Nora Shourd
119. Elana Auerbach
Newsletters
120. Vivian Warkentin
121. Erwan Illian (9)
122. Josh Atwood
URL’s
123. Russbumper (37)
124. Josh Atwood
125. Erwan Illian
Supplemental Communications and Reports 1
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
126. Colleen Yamada
127. Tylee Holden
128. 9 Similarly-worded form letters
Supplemental Communications and Reports 2
Item #31a: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
Item #31b: Companion Report: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee) 129. Janice Thomas
130. Michael Kelly on behalf of the Panoramic Hill Association Item #34: Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions
131. Revised agenda material submitted by Vice Mayor Susan Wengraf

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Tuesday, September 10, 2024 MINUTES Page 23
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
132. Toni Mester
133. Bobbi Fabian
134. Anne Fletcher
135. Dorothea Dorenz
136. Eric Johnson
137. Cassandra Turgman
138. Scott Robinson
139. Stephanie Baron
140. Bill Berland
141. Xy Indigo Golden
142. Daniel Clancy
143. Maricar Almeda
144. Susan Schwartz, President, Friends of Five Creeks
145. Melissa Matheney
146. Alfred Twu
147. Jared Hammond
148. Asano Fertig and James Apriletti
149. Kasara Mena
150. Josh Jacobs on behalf of the Homeless Services Panel of Experts Commission
151. Martin F Guerrero
152. Phillip Sanders
153. Aimee Baldwin
154. Aran Kaufer
155. Dominic Valerian
156. Chris Chase
157. Tim Daniels
158. Janice Schroeder
159. Beverly Libaire
160. Christine U’Ren
161. Scott Abbott
162. Terri Fashing
163. Rick Smith
164. Justin Remais
165. Nora Daly
166. Martha Duncan
167. James Pirie on behalf of Susan Libby
168. Brad Smith
169. David Epstein (2)
170. Douglas Smith
171. Molly Miller
172. Emily Winston
173. Rachel Bradley

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Tuesday, September 10, 2024 MINUTES Page 24
174. D. Miller Wise
175. Jeff Fenigstein
176. Diana Bohn
177. Barbara Rydlander
178. Susie Medak
179. Pamela Blair
180. Dr. R. H. Fish
181. Carol Valk
182. Andrea Satir
183. Laura Katz
184. Brian Gilbane
185. Mike Bank
186. John Rice
187. Michael Lewis
188. Susan Frankel and Moshe Maler
189. Nancy Genn
190. Rachel Tobey
191. Alan Block
192. Meryl & Aimee
193. Michele Lawrence
194. Gina Reiger
195. Sandy Simon
196. Dave Kent
197. Norman Postone
198. Varun Paul
199. Thomas Herrmann
200. Peter Levitt
201. Sherry Keith
202. Jo Ann Driscoll
203. Christopher Reiss
204. Jake Teitelbaum
205. Joan Adams
206. Richard Maisel
207. Mark Mueller
208. Dorothea Dorenz
209. Sabyl Landrum
210. 22 Similarly-worded opposing form letters
211. 134 Similarly-worded supporting form letters
Supplemental Communications and Reports 3
Item #8: City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
212. Kitt Saginor
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code

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213. Sivan Orr
214. Mary Behm-Steinberg
215. Rina Margolin
216. Jack von Euw
217. Fred Krieger
218. Emrad Radek
219. Leigh Stewart
220. J Moore
221. Molly Rosenthal
222. Kevin Jones
223. Julie Greer
224. Sandra Smith
225. Todd Jersey
226. DeAnna Dalton
227. Eric Mason (2)
228. Nancy Rader
229. Jonathan Bachrach
230. Rev. Sophia DeWitt
231. Michael Lonergan
232. Carol Thornton
233. Gib Cattanach
234. Nathaniel Emodi
235. Lee Bishop
236. Claudia Kawczynska
237. Chip Harley
238. Joshua Greene
239. Fatima Espejo
240. Mark Merritt
241. Alan Kiviat
242. Elana Auerbach
243. Ellen Lewis
244. Alison Christiana
245. Chris Hudson
246. Katy Andrews
247. Erica Leverett
248. Jenny Wenk
249. Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union
250. Ginger Ogle
251. Itamar Landau
252. Jason McGatlin
253. Perry Ko
254. Tatiana Davis
255. Mike Roche
256. Ben Buettner
257. Sam Kaplan Pettus

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Tuesday, September 10, 2024 MINUTES Page 26
258. Claudia Benton
259. Juliet Leftwich
260. Susan McKay
261. Joan Wager
262. Carrie Gray
263. Maren Bell
264. Jill McIntire
265. Jorie Heilman
266. Diane Tokugawa
267. Ken Krich
268. Wende Micco and Guy Micco
269. Sylvia
270. Pam Shandrick
271. Tom Attar
272. Elizabeth Pulling
273. David Rosenthal
274. Lynda Caesara
275. Peter DiMaria
276. Lynn Bradley
277. Maria Yates
278. Linda Franklin
279. Veronica King
280. Dan White
281. Jack Kurzweil
282. Jason Gentry
283. Liz Ruhland
284. Josh Buswell-Charkow
285. Matthew Barry
286. Matt Weber
287. Criss Hartzell
288. Cameron Woo
289. Laila Hamidi
290. Becca Freed
291. Karl Knobler
292. Jaime Perkins
293. Olivia deBree
294. Richard Marcus
295. Eva Herzer
296. Rowena Carlson
297. John Niles
298. Barbara
299. Madeline Feingold
300. Laura Cornwall
301. Kristine Dixon
302. Vanessa Moraga
303. Walter Wood

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304. Robert Girling
305. John M. Rea
306. Carol Sutton
307. Tony Warwick
308. Andrew Coggiola
309. CC Miksza
310. Bhima Sheridan
311. Irene Rice (2)
312. Irene Brydon
313. Martin Nicolaus
314. G. Vollmer
315. Jacque Ensign
316. Francie Shaw
317. Kathy Farley
318. Stephanie Antalocy
319. Chris Hamilton
320. Meryl & Aimee
321. Rich Walkling
322. Erika Shore
323. Lucas Woodward
324. Sheryl Drinkwater
325. Kathy Ritter
326. Carol Min
327. Ellen Franzen
328. Steven Donaldson
329. Christine Hayamizu
330. Sylvia Soriano
331. Christine Mukai
332. Lauren Ankersmit
333. John Rutherford
334. Abbot Foote
335. Leonard Gilbert
336. Kate Kirkhuff
337. Judith Forrest
338. Rowyn McDonald
339. 14 Similarly worded form letters in support if amended 340. 20 Similarly worded form letters to oppose
341. 79 Similarly worded form letters in support
Miscellaneous Communications
342. Eid (4)

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Monday, September 16, 2024 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Monday, September 16, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION – 1528 HENRY STREET, BERKELEY, CA 94709

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/1610819512. 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: 161 081 9512. 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.

Attachment 3

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Monday, September 16, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:26 p.m.

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

Absent: Taplin
Councilmember Taplin present at 6:37 p.m.

Report from Closed Session
Cong v. City of Berkeley – Alameda County Superior Court Case No. 24CV071838 Council convened in closed session and gave authority to initiate a cross-complaint in a pending action. The action, the cross-defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry.

Fisher v. City of Berkeley, Northern District of California, No. 3:23-cv-4280 Council convened in closed session and approved a settlement offer that has been signed by the Plaintiffs. In exchange for the Plaintiffs’ dismissal of their lawsuit and release of all claims, the settlement agreement will require the City to adopt changes to its policy relating to the ability of members of city boards and commissions to attend meetings remotely as a reasonable accommodation and pay 58,000 in attorney’s fees.

Action Calendar

1. Ashby BART Transit Oriented Development (TOD)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager and City Attorney to draft and advance for adoption contractual agreements with San Francisco Bay Area Rapid Transit District (BART) in order to effectuate transit- oriented development in accordance with the term sheet attached to the report.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 21 speakers. M/S/C (Arreguin/Bartlett) to adopt Resolution No. 71,514–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

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

2. Presentation: Berkeley-El Cerrito Corridor Access Plan (BECCAP) From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 6 speakers. Presentation made and discussion held.

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Monday, September 16, 2024 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Tregub) to adjourn the meeting.

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

Adjourned at 9:58 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on September 16, 2024.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
Item 1: Ashby BART Transit Oriented Development (TOD)

1. Revised material, submitted by Planning and Development Department Supplemental Communications and Reports 2
Item #1: Ashby BART Transit Oriented Development (TOD)

2. Christopher Smith
Supplemental Communications and Reports 3
Item #1: Ashby BART Transit Oriented Development (TOD)

3. Presentation submitted by the Planning Department

4. Rev. Sophia DeWitt on behalf of East Bay Housing Organizations

5. Moni Law
Item #2: Presentation: Berkeley-El Cerrito Corridor Access Plan (BECCAP)

6. Presentation submitted by the Planning Department

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Monday, September 16, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, SEPTEMBER 16, 2024
4:30 P.M.

SCHOOL DISTRICT BOARD ROOM – 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION – 1528 HENRY STREET, BERKELEY, CA 94709

JESSE ARREGUIN, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1619424437. 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: 161 942 4437. 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.

Attachment 4

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Monday, September 16, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

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

Absent: Kesarwani, Taplin
Public Comment - Limited to items on this agenda only – 9 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(A) AND 54956.9(D)(1):
a. Fisher et al. v. City of Berkeley, United States District Court, Northern District of California; Case No. 3:23-cv-04280-TSH
Action: M/S/C (Arreguin/Wengraf) to approve a settlement offer that has been signed by the Plaintiffs. In exchange for the Plaintiffs’ dismissal of their lawsuit and release of all claims, the settlement agreement will require the City to adopt changes to its policy relating to the ability of members of city boards and commissions to attend meetings remotely as a reasonable accommodation and pay $58,000 in attorney’s fees.

Vote: Ayes - Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Taplin.
b. Lina Cong v. City of Berkeley, et al. Alameda County Superior Court Case No. 24CV071838
Action: M/S/C (Hahn/Humbert) to give authority to initiate a cross-complaint in a pending action. The action, the cross-defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry.

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

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 3201 Adeline Street, Berkeley CA
Agency Negotiators: LaTanya Bellow, City Manager’s Office; Dionne Early, Public Works Negotiating Parties: City of Berkeley and the Black Repertory Group Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 2439 Channing Way, Berkeley CA
Agency Negotiators: LaTanya Bellow, City Manager’s Office; Dionne Early, Public Works Negotiating Parties: City of Berkeley and Framers’ Workshop Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

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Monday, September 16, 2024 MINUTES Page 3
OPEN SESSION:

Cong v. City of Berkeley – Alameda County Superior Court Case No. 24CV071838 Council convened in closed session and gave authority to initiate a cross-complaint in a pending action. The action, the cross-defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry.

Adjournment
Action: M/S/C (Hahn/Lunaparra) to adjourn the meeting.

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

Adjourned at 6:05 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 16, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, September 24, 2024 MINUTES Page 1

MINUTES

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 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.

Attachment 5

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Tuesday, September 24, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:17 p.m.

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

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

Ceremonial Matters

1. Recognition of BORP Adaptive Sports Expo on October 5, 2024

2. Recognition of United Against Hate Week, September 25 – 27, 2024

3. Appreciation of Deputy City Manager LaTanya Bellow

4. Welcoming City Manager Paul Buddenhagen
City Manager Comments: None
Public Comment on Non-Agenda Matters: 9 speakers.

Public Comment by Employee Unions: 1 speaker.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 22 speakers.

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

Vote: All Ayes.

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Recess Items
Tuesday, September 24, 2024 MINUTES Page 3

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
Action: Adopted Resolution No. 71,515–N.S.

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 Action: Adopted second reading of Ordinance No. 7,934–N.S.

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.

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 Action: Adopted second reading of Ordinance No. 7,935–N.S.

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Consent Calendar
Tuesday, September 24, 2024 MINUTES Page 4

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
Action: Adopted Resolution No. 71,516–N.S.

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
Action: Approved recommendation.

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 Action: Adopted Resolution No. 71,517–N.S.

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Consent Calendar
Tuesday, September 24, 2024 MINUTES Page 5

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 Action: Approved recommendation amended to be a referral to the November or June budget process.

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

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
Action: Adopted Resolution No. 71,518–N.S.

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Council Consent Calendar
Tuesday, September 24, 2024 MINUTES 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 Action: Added Councilmembers Humbert and Tregub, and Vice-Mayor Wengraf as co-sponsors. Approved recommendation below as revised below in Supplemental Communications Packet #1.

Refer to the November budget process $100,000 for the City Manager to engage an independent consultant to conduct an analysis of the current structure of the Environmental Health Food Inspection Program and provide recommendations for alternative models, staffing levels, and increased use of technology to improve customer service.

Specifically, the analysis should consider 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.

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Council Consent Items
Tuesday, September 24, 2024 MINUTES Page 7

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: Approved recommendation as revised in Supplemental Communications Packet #1 to remove reference to a resolution.

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
Action: 3 speakers. M/S/C (Hahn/Tregub) to refer Councilmember Kesarwani’s supplemental submission, the Council comments, and the proposed changes in the agenda item to the Agenda & Rules Committee for further review and request that the technical changes be sent back to Council as soon as practical and for the more complex issues to return Council at a later date.

Vote: All Ayes.

Information Reports

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

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Information Reports
Tuesday, September 24, 2024 MINUTES Page 8

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

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

Public Comment – Items Not Listed on the Agenda - 3 speakers.

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

Vote: All Ayes.

Adjourned at 9:09 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on September 24, 2024.
________________________
Mark Numainville, City Clerk
Communications
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

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Tuesday, September 24, 2024 MINUTES Page 9

14.Aradhna Mayalall

15.James Fair

16.Jeff Lewis

17.William Gavelis

18.Neeraj DeLima

19.Grant Padmos
Supporting Berkeley Libraries

20.Cathy Brown
Large Building Fossil Fuel Emissions Tax

21.Anand Patel
Containers Missed Pickup

22.Peter Kuhn
TOPA

23.Marcia Edelen

24.Summer Brenner
Ice Cream Truck Generator

25.Dara Pond

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

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Tuesday, September 24, 2024 MINUTES Page 10
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)
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
Item #9: Budget Referral: Independent Consultant to Conduct Analysis of Referring Restaurant Inspections to Alameda County

59.Revised agenda material submitted by Councilmember Kesarwani Item # 10: Resolution Clarifying the Intent of Measure Y (2024) – Increasing the Parks, Trees and Landscaping Maintenance Tax

60.Revised agenda material submitted by Councilmember Humbert, Councilmember Taplin, and Councilmember Wengraf
Supplemental Communications and Reports 2
Item #11: City Council Rules of Procedure and Order Revisions (Continued from September 10, 2024)

61.Revised agenda material submitted by Councilmember Kesarwani

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Tuesday, September 24, 2024 MINUTES Page 11
Supplemental Communications and Reports 3
Item #11: City Council Rules of Procedure and Order Revisions (Continued from September 10, 2024)

62.Presentation submitted by the City Clerk Department
Miscellaneous Communications

63. Unknown

64. Eid (3)

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Tuesday, September 24, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, SEPTEMBER 24, 2024
5:00 P.M.

SCHOOL DISTRICT BOARDROOM – 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613914495. 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: 161 391 4495. 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.

Attachment 6

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Tuesday, September 24, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 5:05 p.m.

Present: Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett, Tregub
Councilmember Taplin present at 5:07 p.m.

Councilmember Kesarwani present at 5:07 p.m.

Councilmember Tregub present at 5:17 p.m.

Councilmember Bartlett present at 5:22 p.m.

Public Comment - Limited to items on this agenda only – 0 speakers Councilmember Tregub participated in the meeting pursuant to the just cause exemption of the Brown Act as amended by AB 2449.

CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Significant exposure to litigation pursuant to Gov. Code Section 54956.9(d)(2) related to the proposed development project at 2274 Shattuck Avenue and the City’s pending exemption determination under the California Environmental Quality Act.

Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

Vote: All Ayes.

Adjourned at 5:50 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 24, 2024.
_________________________
Mark Numainville, City Clerk

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Monday, September 30, 2024 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Monday, September 30, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

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/1618584419. 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: 161 858 4419. 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.

Attachment 7

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Monday, September 30, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:09 p.m.

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

Absent: Kesarwani, Arreguin
Councilmember Kesarwani present at 6:19 p.m.

Mayor Arreguin present at 7:34 p.m.

Action Calendar

1. Adopt Berkeley Municipal Code Chapter 13.89: Community/Tenant Opportunity to Purchase Act (Reviewed by the Land Use, Housing, & Economic Development Committee) (Item contains revised material)
From: Councilmember Harrison (Author)
Recommendation: Adopt Berkeley Municipal Code Chapter 13.89: The Community/Tenant Opportunity to Purchase Act (COPA/TOPA).

Policy Committee Recommendation: To forward the item to the City Council with a negative recommendation that the City Council not approve the item.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Recess 7:34 p.m. – 7:52 p.m.

Action: 58 speakers. M/S/Failed (Tregub/Lunaparra) to refer the Harrison COPA/TOPA policy to the City Manager to conduct an analysis of the fiscal, operational, and administrative impact of the policy. The referral will include analysis of the San Francisco COPA program and other known COPA/TOPA programs that exist or are in development, as well as a review of any other comparable tenant acquisition and ownership programs, and their interface with existing Berkeley tenant protection ordinances. Include a $100,000 budget referral for staffing for the purpose of completing this analysis.

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

Action: 58 speakers. M/S/Carried (Hahn/Tregub) to refer to the City Manager to study and return to Council with recommendations for a program based on San Francisco’s COPA and to study additional concepts including but not limited to:
 A potential requirement to offer to “go coop” within a certain number of years of purchase by a qualified non-profit.
 To consider an appropriate threshold where COPA would apply, taking into consideration operational and fiscal realities.
 Report on administration costs and sources of funds to support Small Sites projects.
 Consider potential to provide notice and “right of first refusal” for tenants or groups of tenants to match the best “market” offer.

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Monday, September 30, 2024 MINUTES Page 3
 Study models other jurisdictions have in place to achieve these tenant acquisition goals.
 Refer $100,000 to budget process to support the study.

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

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

Vote: All Ayes.

Adjourned at 9:09 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on September 30, 2024.

____________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: -Adopt Berkeley Municipal Code Chapter 13.89: Community/Tenant Opportunity to Purchase Act (Reviewed by the Land Use, Housing, & Economic Development Committee) (Item contains revised material)

1. Revised agenda material submitted by Councilmember Lunaparra and Councilmember Tregub

2. Supplemental agenda material submitted by Councilmember Hahn

3. James Webster

4. Hope Williams

5. Tram Hoang on behalf of PolicyLink

6. Gail Martin (2)

7. Casey Van Veen

8. Jocelyn Goldsmith-De Sena

9. Sheila Goldmacher

10.Linda Burden

11.Carol Curtis

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Monday, September 30, 2024 MINUTES Page 4

12.Susan Bassein

13.Paula Morgan

14.Mimi Moungovan

15.Gregory Kalkanis

16.Jo Ann Driscoll

17.Michael Trujillo on behalf of East Bay Community Law Center

18.Shaniah Ritzie-Hernandez on behalf of the Alameda Labor Council

19.Andy Kelley

20.S. Omowale Fowles

21.Karla Simmons
Supplemental Communications and Reports 3
Item #1: -Adopt Berkeley Municipal Code Chapter 13.89: Community/Tenant Opportunity to Purchase Act (Reviewed by the Land Use, Housing, & Economic Development Committee) (Item contains revised material)

22.Rev. Sophia DeWitt on behalf of East Bay Housing Organizations

23.Diana

24.Rick Lewis

25.Kathleen Castillo

26.Mary Lai

27.Moni T. Law

28.Jeffrey Melcher

29.Nancy Richerson

30.Mary Canavan

31.Keith Barton

32.Francine Leonard

33.Genevieve Wilson (2)

34.Bhima Sheridan

35.Whitney Sparks

36.Scott and Kathryn E. Hambly

37.Michelle Pellegrin

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Monday, September 30, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, SEPTEMBER 30, 2024
4:30 P.M.

SCHOOL DISTRICT BOARDROOM – 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

JESSE ARREGUIN, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613737680. 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: 161 373 7680. 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.

Attachment 8

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Monday, September 30, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

Present: Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett, Tregub
Councilmember Tregub present at 4:39 p.m.

Councilmember Taplin present at 4:41 p.m.

Councilmember Bartlett present at 5:08 p.m.

Public Comment - Limited to items on this agenda only – 0 speakers Councilmember Taplin participated in the meeting remotely in the meeting under the just cause exception in the Brown Act as amended by AB 2449.

CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. WCAB #1 ADJ19391581, ADJ15774154
Action: M/S/C (Arreguin/Tregub) to authorize the City Manager to settle by a stipulated Award of permanent disability with an award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ19391581 and ADJ15774154.

Vote: Ayes – Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes - None; Abstain - None; Absent – Kesarwani, Bartlett.
b. WCAB #2 ADJ11251943, ADJ14359848, ADJ19087904
Action: M/S/C (Arreguin/Tregub) to authorize the City Manager to settle by a stipulated Award of permanent disability with an Award of lifetime future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ11251943, ADJ14359848 and ADJ19087904.

Vote: Ayes – Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes - None; Abstain - None; Absent – Kesarwani, Bartlett.
c. WCAB #3 ADJ15258918, ADJ15259424
Action: M/S/C (Hahn/Arreguin) to authorize the City Manager to settle by a stipulated Award of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ15258918 and ADJ15259424.

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

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Monday, September 30, 2024 MINUTES Page 3

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8
Property Address: 2431 Channing Way, Berkeley CA and 2425a Channing Way Agency Negotiators: Paul Buddenhagen, City Manager’s Office; Dionne Early, Public Works Negotiating Parties: City of Berkeley and Dorothy Day House d.b.a Dorothy’s Closet Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

OPEN SESSION:

City Council met in closed session on September 30, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ19391581 and ADJ15774154.

City Council met in closed session on September 30, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ11251943, ADJ14359848 and ADJ19087904.

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

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

Adjourned at 5:21 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 30, 2024.

____________________________

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Monday, September 30, 2024 MINUTES Page 4
Mark Numainville, City Clerk

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

CONSENT CALENDAR
October 29, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, 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 certain temporary provisions from Appendix C into the main body of the document; and rescinding any preceding amendatory resolutions.

POLICY COMMITTEE RECOMMENDATION
On September 30, 2024, the Agenda and Rules Committee adopted the following action: M/S/C (Arreguin/Hahn) to recommend the proposed amendments to the City Council, amended to remove the portion on limiting debate and the phrase about votes on the Consent Calendar. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On September 24, 2024 the Council considered recommended amendments from the Agenda & Rules Committee that included standard technical changes as well as substantive procedural changes and amendments to the legislative process. The Council referred the item back to the Committee and asked that the standard technical changes be presented to Council as soon as possible while the more substantive amendments receive additional review.

The technical changes in the Rules of Procedure are precipitated primarily by the end of the state-declared emergency and the return to in-person meetings in the hybrid format.

While performing that review, other minor technical corrections were made to align with current practices. In addition, all defined terms have been capitalized for consistency.

The updates are shown in track changes with explanatory comments in Attachment 2.

The text in Attachment 2 that appears in green with double underline indicates text that

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City Council Rules of Procedure and Order Revisions CONSENT CALENDAR October 29, 2024

Page 2 ends

was moved within the document, i.e., the green double underline text is not new language, but simply existing text that was moved from one location to another.

The primary categories of updates are noted below.
 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 and public comments.

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 associat
ed with the subject of this report.

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

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

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

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

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

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

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

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

Exhibit A: City Council Rules of Procedure and Order

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

Effective [Date]

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2City of Berkeley Council Rules of Procedure and Order
Table of Contents
I. DUTIES........................................................................................................................4 A. Duties of Mayor............................................................................................................4 B. Duties of Councilmembers...........................................................................................4 C. Motions to be Stated by Chair .....................................................................................4 D. Decorum by Councilmembers .....................................................................................4 E. Voting Disqualification .................................................................................................4 F. Requests for Technical Assistance and/or Reports.....................................................5 II. MEETINGS..................................................................................................................6 A. Call to Order - Presiding Officer..................................................................................6 B. Roll Call ......................................................................................................................6 C. Quorum Call................................................................................................................6 D. Council Meeting Conduct of Business........................................................................6 E. Adjournment ................................................................................................................7 G. City Council Schedule and Recess Periods ................................................................7 H. Pledge of Allegiance to the Flag..................................................................................8 I. Ad Hoc Subcommittees ...............................................................................................8 III. AGENDA ...................................................................................................................10 A. Declaration of Policy..................................................................................................10 B. Definitions..................................................................................................................10 C. Procedure for Bringing Matters Before City Council..................................................12 D. Packet Preparation and Posting ................................................................................17 E. Agenda Sequence and Order of Business ................................................................19 F. Closed Session Documents.......................................................................................19 G. Regulations Governing City Council Policy Committees ...........................................21 IV. CONDUCT OF MEETING .........................................................................................27 A. Comments from the Public ........................................................................................27 B. Consent Calendar......................................................................................................32 C. Information Reports Called Up for Discussion...........................................................32 D. Written Communications............................................................................................33 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters ...33 F. Work Sessions...........................................................................................................34 G. Protocol......................................................................................................................34 V. PROCEDURAL MATTERS.......................................................................................35 A. Persons Authorized to Sit at Tables ..........................................................................35 B. Decorum ....................................................................................................................35 C. Enforcement of Decorum...........................................................................................35 D. Precedence of Motions..............................................................................................35 E. Robert’s Rules of Order.............................................................................................36 F. Rules of Debate.........................................................................................................36 G. Debate Limited...........................................................................................................37 H. Motion to Lay on Table ..............................................................................................37 I. Division of Question...................................................................................................38 J. Addressing the Council..............................................................................................38 K. Addressing the Council After Motion Made ...............................................................38 L. Use of Cellular Phones and Electronic Devices ........................................................38

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3City of Berkeley Council Rules of Procedure and Order
VI. FACILITIES ...............................................................................................................39 A. Meeting Location Capacity ........................................................................................39 B. Alternate Facilities for Council Meetings....................................................................39 C. Signs, Objects, and Symbolic Materials ...................... Error! Bookmark not defined.

D. Fire Safety .................................................................................................................39 E. Overcrowding.............................................................................................................39 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES.......................41 APPENDIX B. GUIDELINES FOR DEVELOPING & WRITING COUNCIL AGENDA ITEMS ...44

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

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

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

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

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

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

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

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

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

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

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

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

D. Council Meeting Conduct of Business
The Agenda for the regular business meetings shall include the Order of Business described in Chapter III.E. 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 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 prior to the vote on the Consent Calendar.

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.

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

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

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

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

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

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

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

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

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

1. "Agenda Item" means an item placed on the Agenda (on either the Consent Calendar or as a Report For Action) for a vote of the Council by the Mayor or any Councilmember, 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 in the following manner:
 In the original item as submitted by the Primary Author  In a revised item submitted by the Primary Author at the Agenda & Rules Committee
 By verbal request of the Primary Author at the Agenda & Rules Committee  In a revised item submitted by the Primary Author in Supplemental Reports and Communications Packet #1 or #2
 By verbal or written request of the Mayor or any Councilmember at the Policy Committee meeting or meeting of the full Council at which the item is considered

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Procedure for Bringing Matters Before City Council

1. Persons Who Can Place Matters on the Agenda.

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

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) Items Authored by the Mayor, a Councilmember.

As to 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.B.2 (Primary Author may decline and request Policy Committee assignment).
iv. Refer the item to a Policy Committee.

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III. AGENDA
12City of Berkeley Council Rules of Procedure and Order v. Schedule the item for the Agenda under consideration or one of the next three regular Council Agendas.

For referrals under Chapter III.C.1.a.i, ii, or iii, the Primary Author must inform the City Clerk within 24 hours of the adjournment of the Agenda & Rules Committee meeting whether they prefer to:
1) re-submit the item for a future meeting with modifications as suggested by the Agenda & Rules Committee; or
2) 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.C.1.a. i, ii, or iii, or request Policy Committee assignment.

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

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

Items 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.
b) 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.B.2, 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 Manager. All City Manageritems placed on the Council agenda against the recommendation of the Agenda & Rules Committee will automatically be placed on the Action Calendar.

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III. AGENDA
13City of Berkeley Council Rules of Procedure and Order c) Items Authored by Boards and Commissions.

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

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

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

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

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

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

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

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

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III. AGENDA
14City of Berkeley Council Rules of Procedure and Order 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.

4. Submission of Supplemental and Revised Agenda Material.

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

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

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III. AGENDA
15City of Berkeley Council Rules of Procedure and Order 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.

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

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

All complete Late Items submitted by the deadline will be distributed with Supplemental Communication Packet #2 by 5:00 p.m. the day before the Council meeting. A Late Item

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

6. Scheduling a Presentation.

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

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

D. Packet Preparation and Posting

1. Preparation of the Packet.

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

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

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III. AGENDA
17City of Berkeley Council Rules of Procedure and Order

3. Distribution of the Agenda Packet.

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

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

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

1. Preliminary Matters: (Ceremonial, 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

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

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

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

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

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

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

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

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

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

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III. AGENDA
19City of Berkeley Council Rules of Procedure and Order G. Regulations Governing City Council Policy Committees

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

Exempt Items
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. Relinquishment of Fundss from the Mayor and Councilmember District Office Budgets
c. Referrals to the Budget Process
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
Policy Committee TrackItems 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.C. at the first meeting that the item appears before the Agenda & Rules Committee.

The Agenda & Rules Committee may only assign the item to a single Policy Committee.

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

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III. AGENDA
20City of Berkeley Council Rules of Procedure and Order 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.

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

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

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

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

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

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

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

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

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

A Policy Committee may not refer an item under its consideration to a 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.

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23City of Berkeley Council Rules of Procedure and Order 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.

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.

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IV. CONDUCT OF MEETING
24City 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.
 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.

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

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IV. CONDUCT OF MEETING
25City of Berkeley Council Rules of Procedure and Order 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 entitled to speak for two minutes each unless the Presiding Officer determines that one-minute is appropriate.

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IV. CONDUCT OF MEETING
26City of Berkeley Council Rules of Procedure and Order 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 or raise their hand on the videoconference application to determine the number of persons interested in speaking on that item.

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IV. CONDUCT OF MEETING
27City of Berkeley Council Rules of Procedure and Order

4. Appeals Appearing on Action Calendar.

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

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

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

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

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

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

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

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

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

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

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

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IV. CONDUCT OF MEETING
28City 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.C.4.

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

Following any staff presentation, 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

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IV. CONDUCT OF MEETING
29City of Berkeley Council Rules of Procedure and Order appellants shall have five minutes to comment. Where the appellant is the applicant, the applicant/appellant shall have five minutes to comment and the persons supporting the action of the board or commission on appeal shall have five minutes to comment. In the case of a public nuisance determination, the representative(s) of the subject property shall have five minutes to present.

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

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

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

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V. PROCEDURAL MATTERS
30City of Berkeley Council Rules of Procedure and Order V. PROCEDURAL MATTERS
A. Persons Authorized to Sit at Tables
No person, except City officials, their representatives and representatives of boards and commissions shall be permitted to sit at the tables in the front of the Council Chambers without the express consent of the Council.

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

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

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

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

1. To adjourn;

2. To fix the hour of adjournment;

3. To lay on the table;

4. For the previous question;

5. To postpone to a certain day;

6. To refer;

7. To amend;

8. To substitute; and

9. To postpone indefinitely.

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V. PROCEDURAL MATTERS
31City of Berkeley Council Rules of Procedure and Order These motions shall have precedence in order indicated. Any such motion, except a motion to amend or substitute, shall be put to a vote without debate.

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

F. Rules of Debate

1. Presiding Officer May Debate.

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

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

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

3. Interruptions.

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

4. Privilege of Closing Debate.

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

5. Motion to Reconsider.

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

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

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

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V. PROCEDURAL MATTERS
32City of Berkeley Council Rules of Procedure and Order G. Debate Limited

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

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

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

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

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

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

1. Written Communications.

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

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V. PROCEDURAL MATTERS
33City of Berkeley Council Rules of Procedure and Order submitting their written communications at the meeting, or prior to the meeting pursuant to the deadlines in Chapter III.C.4.

2. Public Hearings.

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

3. Public Comment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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VI. FACILITIES
35City of Berkeley Council Rules of Procedure and Order F. Format of Meetings
The City Council may conduct regular meetings or special meetings held at the School District Boardroom in the hybrid format with both in-person and virtual participation as provided for in the Brown Act, and as noticed on the meeting Agenda. Council meetings at other locations may be conducted in the hybrid format if technologically feasible.

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 36City 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.

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

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APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES 37City of Berkeley Council Rules of Procedure and Order A. Public Facilities are generally easier to identify by reference to adjacent street names, distinct geographic or environmental features, or primary use activity. Therefore, the preferred practice is to give City-owned property a name of historical or geographical significance and to retain these names.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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APPENDIX B
39City of Berkeley Council Rules of Procedure and Order APPENDIX B. GUIDELINES FOR DEVELOPING AND WRITING COUNCIL

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

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

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

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

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APPENDIX B
40City of Berkeley Council Rules of Procedure and Order Guidelines for City Council Items:

1. Title

2. Consent/Action/Information Calendar

3. Recommendation

4. Summary Statement/Current situation and its effects

5. Background

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

7. Actions/Alternatives Considered

8. Consultation/Outreach Overview and Results

9. Rationale for Recommendation

10.Implementation, Administration and Enforcement

11.Environmental Sustainability

12.Fiscal Impacts

13.Outcomes and Evaluation

14.Contact Information

15.Attachments/Supporting Materials
___________________________________________________

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

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

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

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

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APPENDIX B
41City of Berkeley Council Rules of Procedure and Order

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

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

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

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

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APPENDIX B
42City of Berkeley Council Rules of Procedure and Order ● Capital Improvements Plan
● Zero Waste Plan
● Bike Plan
● Pedestrian Plan
● Other relevant precedents and plans
Review of the City’s Strategic Plan
Review of similar legislation previously introduced/passed by Council Review of County, State and Federal laws/policies/programs/plans, if applicable

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

8. Consultation/Outreach Overview and Results
● Review/list external and internal stakeholders that were consulted ○ External: constituents, communities, neighborhood organizations, businesses and not for profits, advocates, people with lived experience, faith organizations, industry groups, people/groups that might have concerns about the item, etc.
○ Internal: staff who would implement policies, the City Manager and/or Deputy CM, Department Heads, City Attorney, 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,

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APPENDIX B
43City of Berkeley Council Rules of Procedure and Order but should be presented/restated/summarized. Plus, further elaboration of terms for recommendations, if any.

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

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

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

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

14.Contact Information

15.Attachments/Supporting Materials

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

Effective January 22, 2024[Date]

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2City of Berkeley Council Rules of Procedure and Order
Table of Contents
I. DUTIES........................................................................................................................4 A. Duties of Mayor............................................................................................................4 B. Duties of Councilmembers...........................................................................................4 C. Motions to be Stated by Chair .....................................................................................4 D. Decorum by Councilmembers .....................................................................................4 E. Voting Disqualification .................................................................................................4 F. Requests for Technical Assistance and/or Reports.....................................................5 II. MEETINGS..................................................................................................................6 A. Call to Order - Presiding Officer..................................................................................6 B. Roll Call ......................................................................................................................6 C. Quorum Call................................................................................................................6 D. Council Meeting Conduct of Business........................................................................6 E. Adjournment ................................................................................................................7 G. City Council Schedule and Recess Periods ................................................................7 H. Pledge of Allegiance to the Flag..................................................................................8 I. Ad Hoc Subcommittees ...............................................................................................8 III. AGENDA ............................................................................................................. 10109 A. Declaration of Policy............................................................................................ 10109 B. Definitions............................................................................................................ 10109 C. Procedure for Bringing Matters Before City Council.......................................... 121211 D. Packet Preparation and Posting ........................................................................ 172016 E. Agenda Sequence and Order of Business ........................................................ 192117 F. Closed Session Documents............................................................................... 192218 G. Regulations Governing City Council Policy Committees ................................... 212319 IV. CONDUCT OF MEETING ................................................................................. 272924 A. Comments from the Public ................................................................................ 272924 B. Consent Calendar.............................................................................................. 323427 C. Information Reports Called Up for Discussion................................................... 323427 D. Written Communications.................................................................................... 333428 E. Public Hearings for Land Use, Zoning, Landmarks, and Public Nuisance Matters333528 F. Work Sessions................................................................................................... 343629 G. Protocol.............................................................................................................. 343629 V. PROCEDURAL MATTERS............................................................................... 353730 A. Persons Authorized to Sit at Tables .................................................................. 353730 B. Decorum ............................................................................................................ 353730 C. Enforcement of Decorum................................................................................... 353730 D. Precedence of Motions...................................................................................... 353730 E. Robert’s Rules of Order..................................................................................... 363831 F. Rules of Debate................................................................................................. 363831 G. Debate Limited................................................................................................... 373932 H. Motion to Lay on Table ...................................................................................... 373932 I. Division of Question........................................................................................... 384032 J. Addressing the Council...................................................................................... 384032 K. Addressing the Council After Motion Made ....................................................... 384033 L. Use of Cellular Phones and Electronic Devices ................................................ 384033

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3City of Berkeley Council Rules of Procedure and Order
VI. FACILITIES ....................................................................................................... 394134 A. Meeting Location Capacity ................................................................................ 394134 B. Alternate Facilities for Council Meetings............................................................ 394134 C. Signs, Objects, and Symbolic Materials ...................... Error! Bookmark not defined.

D. Fire Safety ......................................................................................................... 394134 E. Overcrowding..................................................................................................... 394134 APPENDIX A. POLICY FOR NAMING AND RENAMING PUBLIC FACILITIES...............414335 APPENDIX B. GUIDELINES FOR DEVELOPING & WRITING COUNCIL AGENDA ITEMS444638 APPENDIX C. TEMPORARY RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS THROUGH VIDEO CONFERENCE DURING THE COVID-19 EMERGENCY...................495143

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

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D. Council Meeting Conduct of Business
The agendaAgenda for the regular business meetings shall include the Order of Business described in Chapter III.E.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.

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.

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

Commented [NML2]: Process moved here from Appendix
C

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

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

I. Ad Hoc Subcommittees
From time to time the Council or the Mayor may create ad hoc subcommittees. Please consult with the City Attorney’s Office to determine whether the subcommittee is exempt from the Brown Act public meeting requirements. appoint several of its members but fewer than the existing quorum of the present body to serve as an ad hoc subcommittee. Only Councilmembers may be members of the ad hoc subcommittee; however, the subcommittee shall seek input and advice from residents, related commissions, and other groups, as appropriate to the charge or responsibilities of such subcommittee. Ad hoc subcommittees must be reviewed annually by the Council to determine if the subcommittee is to continue.

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

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

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

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

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

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

Agendas for subcommittee meetings must be posted in the same manner as the agendas for regular Council meetings except that subcommittee agendas may be posted with 24-hour notice. The public will be permitted to comment on agenda items but public comments may be limited to one minute if deemed necessary by the Commented [NML4]: Simplified language to ensure
ongoing consistency with Brown Act.

Commented [NML5]: Ad hoc committees are not legislative bodies under the Brown Act. These requirements have been repealed for commissions and need to be repealed for the Council for consistency.

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II. MEETINGS
9City of Berkeley Council Rules of Procedure and Order
Committee Chair. Agendas and minutes of the meetings must be maintained and made available upon request.

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

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III. AGENDA
10City of Berkeley Council Rules of Procedure and Order III. AGENDA
A. Declaration of Policy
No ordinance, resolution, or item of business shall be introduced, discussed or acted upon before the Council at its meeting without prior thereto its having been published on the agendaAgenda of the meeting and posted in accordance with Section III.D.2.

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

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

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

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III. AGENDA
11City of Berkeley Council Rules of Procedure and Order c) Recommendation of the report’s Primary Author that describes the action to be taken on the item, if applicable;
d) Fiscal impacts of the recommendation;
e) A description of the current situation and its effects; f) Background information as needed;
g) Rationale for recommendation;
h) Alternative actions considered;
i) For awards of contracts; the abstract of bids and the Affirmative Action Program of the low bidder in those cases where such is required (these provisions shall not apply to Mayor and Council items); j) Person or persons to contact for further information, with telephone number; k) Additional information and analysis as required. It is recommended that reports include the points of analysis in Appendix B - Guidelines for Developing and Writing Council Agenda Items.

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

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

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

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

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

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

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

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

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

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

C. Procedure for Bringing Matters Before City Council

1. Persons Who Can Place Matters on the Agenda.

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

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

The Agenda & Rules Committee shall meet 15 days prior to each City Council meeting and shall approve the agendaAgenda of that City Council meeting.

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

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

As to items authored by the Mayor, or a Councilmember, or the Auditor, the Agenda & Rules Committee shall review the item and may take the following actions:
i. Refer the item to a commission for further analysis (Primary Author may decline and request Policy Committee assignment).
ii. Refer the item to the City Manager for further analysis (Primary Author may decline and request Policy Committee assignment).
iii. Refer the item back to the Primary Author for requested amendments, adherence to required form, or for additional analysis, as required in Commented [NML6]: Auditor moved to paragraph (b)
below with the consent of the Auditor

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Berkeley City CouncilOctober 29, 2024

Berkeley City Council
October 29, 2024