Berkeley City Council
October 27, 2026

BASIS OF BEARINGS

(a) The bearing of South 05°31’15” East of the easterly right-of-way line of Acton Street as shown on that certain unrecorded map entitled “SKETCH OF PROPOSED RESUBDIVISION OF A PORTION OF THE VISTA DEL MAR TRACT”, dated February 1913 by T.J. Allen, C.E. and on file with the City of Berkeley, was taken as the Basis of Bearings.

A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit B.

This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.

09/22/2026
David C. Jungmann, PLS 9267 Date

END OF DES

CRIPTION

4.65'

STREET R/W
(PARCEL R22-6)
(68 M 122-146)
(RE 2989 IM 645)

S A C R A M E N T O S T R E E T
(110' WIDE ON ANGLE)

STREET R/W
(PARCEL R22-7)
(68 M 122-146)
(RE 2989 IM 645)
N05°25'30"W 25.92'

14.85'S00°59'15"E 26.97'
S05°25'30"E

7.78'
S46°06'38"E

7.67'

POINT OF

BEGINNING

LANDS OF
S.F.B.A.R.T.D.
(PARCEL 1)
(RE 1437 IM 634)
(PARCEL O-R 381)
(68 M 122-146)

LANDS OF
S.F.B.A.R.T.D.
(PARCEL 2)
(RE 1437 IM 634)
(PARCEL O-R 382)
(68 M 122-146)

21.27'
(N15°16'46"W 20.40')N16°44'06"W 20.40'

ORIGINAL

R/W LINE
(12 M 59)

ORIGINAL

R/W LINE
(12 M 59)
JOB NO.

BY APPR. DATE

SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND

LOT LINE

RECORD LOT LINE

IM IMAGE

RE REEL

R/W RIGHT OF WAY
S.F.B.A.R.T.D. SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT
SQ.FT. SQUARE FEET
TRANSFER AREA 1
AREA = 139± SQ.FT.

September 22, 2026
Project No
. 20230975

BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300

EXHIBIT A

LEGAL DESCRIPTION

TRANSFER
AREA 2

All that certain real property situate in the City of Berkeley, County of Alameda, State of California, being a portion of Parcel R22-5 as shown on that certain Map entitled “RECORD MAPS OF RIGHT OF WAY BAY AREA RAPID TRANSIT DISTRICT ALAMEDA COUNTY” filed for record on September 20, 1971, in Book 68 of Maps at Page 122 through 146, inclusive, Records of said County, being more particularly described as follows:

BEGINNING at the northwesterly terminus of that certain course shown as “N04°04’14”W, 127.00’”, as shown on said map, thence along the easterly line of said Parcel R22-5, said easterly line also being common to the westerly lines of the Parcel O-R 359, Parcel O-R 376 and Parcel O-R 375 as shown on said map, South 05°31’15” East, 127.06 feet;

Thence continuing along the common line of said Parcel R22-5 and said Parcel O-R 375, South 11°34’55” West 23.59 feet;

Thence leaving last said common line, North 05°31’15” West, 153.95 feet to a point on the common line of said Parcel R22-5 and said Parcel O-R 359;

Thence along said common line, South 63°30’55” East, 8.18 feet to the POINT OF BEGINNING.

Containing 975 square feet, more or less.

BASIS OF BEARINGS

The bearing of South 05°31’15” East of the easterly right-of-way line of Acton Street as shown on that certain unrecorded map entitled “SKETCH OF PROPOSED RESUBDIVISION OF A PORTION OF THE VISTA DEL MAR TRACT”, dated February 1913 by T.J. Allen, C.E. and on file with the City of Berkeley, was taken as the Basis
of Bearings.

A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit B.

This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.

09/22/2026
David C. Jungmann, PLS 9267 Date

END OF DES

CRIPTION

STREET R/W
(PARCEL R22-5)
(68 M 122-146)
(RE 2989 IM 645)

LANDS OF
S.F.B.A.R.T.D.
(RE 1336 IM 325)
(PARCEL O-R 376)
(68 M 122-146)

LANDS OF
S.F.B.A.R.T.D.
(RE 1355 IM 311)
(PARCEL O-R 375)
(68 M 122-146)
N05°31'15"W 153.95'
S11°34'55"W

23.59'
S05°31'15"E 127.06'(N04°04'14"W 127.00')
S63°30'55"E

8.18'

A C T O N S T R E E T
(60' WIDE ON ANGLE)

POINT OF

BEGINNING

ORIGINAL

R/W LINE
(12 M 59)

ORIGINAL

R/W LINE
(12 M 59)

LANDS OF
S.F.B.A.R.T.D.
(RE 1452 IM 986)
(PARCEL O-R 359)
(68 M 122-146)
JOB NO.

BY APPR. DATE

SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND

LOT LINE

RECORD LOT LINE

IM IMAGE
M MAPS

RE REEL

R/W RIGHT-OF-WAY
S.F.B.A.R.T.D. SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT
SQ.FT. SQUARE FEET
TRANSFER AREA 2
AREA = 975± SQ.FT.

August 17, 2026
Project No
. 20230975

BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300

EXHIBIT A

LEGAL DESCRIPTION

STREET VA
CATION AREA 1

All that certain real property situate in the City of Berkeley, County of Alameda, State of California, being a portion of Sacramento Street as shown on that certain Map entitled “RECORD MAPS OF RIGHT OF WAY BAY AREA RAPID TRANSIT DISTRICT ALAMEDA COUNTY” filed for record on September 20, 1971, in Book 68 of Maps at Page 122 through 146, inclusive, Records of said County, being more particularly described as follows:

COMMENCING at the southeast corner of Parcel R22-2 as shown on said map;

Thence along the easterly lines of said Parcel R22-2, Parcel R22-6 and Parcel R22-7 as shown on said map, North 05°25’30” West, 210.93 feet to the POINT OF BEGINNING;

Thence continuing along said easterly line of said Parcel R22-7, North 05°25’30” West, 7.78 feet;

Thence leaving said easterly line, South 46°06’38” East, 0.85 feet;

Thence South 00°59’15” East, 7.16 feet to the POINT OF BEGINNING.

Containing an area of 2 square feet, more or less.

BASIS OF BEARINGS

The bearing of South 05°31’15” East of the easterly right-of-way line of Acton Street as shown on that certain unrecorded map entitled “SKETCH OF PROPOSED RESUBDIVISION OF A PORTION OF THE VISTA DEL MAR TRACT”, dated February 1913 by T.J. Allen, C.E. and on file with the City of Berkeley, was taken as the Basis
of Bearings.

A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit B.

This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.

09/22/2026
David C. Jungmann, PLS 9267 Date

END OF DES

CRIPTION
Preliminary

STREET R/W
(PARCEL R22-6)
(68 M 122-146)
(RE 2989 IM 645)

S A C R A M E N T O S T R E E T
(110' WIDE ON ANGLE)

STREET R/W
(PARCEL R22-7)
(68 M 122-146)
(RE 2989 IM 645)
N05°25'30"W 210.93'

LANDS OF
S.F.B.A.R.T.D.
(PARCEL 1)
(RE 1437 IM 634)
(PARCEL O-R 381)
(68 M 122-146)

LANDS OF
S.F.B.A.R.T.D.
(PARCEL 2)
(RE 1437 IM 634)
(PARCEL O-R 382)
(68 M 122-146)

ORIGINAL

R/W LINE
(12 M 59)

POINT OF

COMMENCEMENT

STREET R/W
(PARCEL R22-2)
(68 M 122-146)
(RE 2989 IM 645)

D E L A W A R E S T R E E T
(80' WIDE ON ANGLE)

ORIGINAL

R/W LINE
(12 M 59)
JOB NO.

BY APPR. DATE

SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND

LOT LINE

RECORD LOT LINE
STREET VACATION AREA 1

IM IMAGE
M MAPS

RE REEL

R/W RIGHT-OF-WAY
S.F.B.A.R.T.D. SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT

PRELIMINARY

POINT OF

POINT OF BEGINNING
(SEE SHEET 4)

POINT OF

POINT OF BEGINNING
N05°25'30"W 7.78'
S46°06'38"E

0.85'
S00°59'15"E 7.16'

S A C R A M E N T O S T R E E T
(110' WIDE ON ANGLE)
JOB NO.

BY APPR. DATE

SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND

LOT LINE

R/W RIGHT OF WAY
S.F.B.A.R.T.D. SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT
SQ.FT. SQUARE FEET
STREET VACATION AREA 1
AREA = 2± SQ.FT.

N05°25'30"W 210.93'

STREET R/W
(PARCEL R22-7)
(68 M 122-146)
(RE 2989 IM 645)

August 17, 2026
Project No
. 20230975

BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300

EXHIBIT A

LEGAL DESCRIPTION

STREET VA
CATION AREA 2

All that certain real property situate in the City of Berkeley, County of Alameda, State of California, being a portion of Delaware Street as shown on that certain Map entitled “RECORD MAPS OF RIGHT OF WAY BAY AREA RAPID TRANSIT DISTRICT ALAMEDA COUNTY” filed for record on September 20, 1971, in Book 68 of Maps at Page 122 through 146, inclusive, Records of said County, being more particularly described as follows:

COMMENCING at the southwest corner of Parcel R22-4 as shown on said map;

Thence along the southerly line of said Parcel R22-4 and the northerly right of way line of said Delaware Street, North 80°27’00” East, 13.75 feet to the POINT OF BEGINNING;

Thence continuing along said northerly right of way line, North 80°27’00” East, 186.73 feet;

Thence leaving said northerly right of way line, South 76°16’28” West, 12.52 feet;

Thence South 80°27’00” West, 168.76 feet to the beginning of a tangent curve to the right;

Thence along said tangent curve, having a radius of 17.00 feet, through a central angle of 18°50'47", for an arc length of 5.59 feet to the POINT OF BEGINNING.

Containing an area of 163 square feet, more or less.

BASIS OF BEARINGS

The bearing of South 05°31’15” East of the easterly right-of-way line of Acton Street as shown on that certain unrecorded map entitled “SKETCH OF PROPOSED RESUBDIVISION OF A PORTION OF THE VISTA DEL MAR TRACT”, dated February 1913 by T.J. Allen, C.E. and on file with the City of Berkeley, was taken as the Basis
of Bearings.

A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit B.

This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.

09/22/2026
David C. Jungmann, PLS 9267 Date

END OF DES

CRIPTION
Preliminary

A C T O N S T R E E T
(FORMERLY CENTER STREET)
(60' WIDE ON ANGLE)

D E L A W A R E S T R E E T
(80' WIDE ON ANGLE)

STREET R/W
(PARCEL R22-4)
(68 M 122-146
(RE 2989 IM 645)

13.75'
N80°27'00"E

POINT OF

COMMENCEMENT
N80°27'00"E 186.73'
S80°27'00"W 168.76'

LANDS OF
S.F.B.A.R.T.D.
(RE 1517 IM 823)
(PARCEL O-R 374)
(68 M 122-146)

POINT OF

BEGINNING
R=17.00'
Δ=18°50'47"
L=5.59'

ORIGINAL
R/W LINE(12 M 59)
S76°16'28"W

12.52'
JOB NO.

SUBJECT
OF
BY APPR. DATE
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND

LOT LINE

RECORD LOT LINE

IMIMAGE
MMAPS
REREEL

R/WRIGHT-OF-WAY
S.F.B.A.R.T.D.SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT
STREET VACATION AREA 2
AREA = 163± SQ.FT.

PRELIMINARY

S05°25'30"E (R2) 592.46' (592.5')(C)(R13)
(N03°58'10"W 592.43')(C)(R3)
(N04°04'14"W 592.18')(C)(R3)
S05°31'15"E (R2) 592.39' (592.4')(C)(R13)
S80°27'00"W 601.73' (601.70')(R13)
(N81°54'37"E 601.52')(C)(R3)
(S80°28'30"W)(R2)
(S81°53'38"W 602.58')(C)(R3)
S80°27'00"W (R2) 602.73' (602.70')(R13)
S80°27'00"W 652.79'
S80°27'00"W 651.68'
(S80°45'42"W 651.64')(R10)
(N80°45'44"E 651.65')(R11)
(N05°30'00"W 662.32')(R3)
S05°31'15"E 662.39'
S05°25'30"E 662.46'
(N05°03'17"W 662.49')(R12) 326.19'
336.27'

35.00' 25.00'

35.00'

25.00'

25.00'

35.00'

35.00'

25.00'
S.F.B.A.R.T.D.

SUBSURFACE EASEMENT
(PARCEL R22-1)
(R3)
S.F.B.A.R.T.D.

SUBSURFACEEASEMENT
(PCL R22A-4)
(R3)
MON B0548
2" BRASS DISK W/ PUNCH STAMPED
"CITY OF BERKELEY UNLAWFUL TO
DEFACE" IN MON WELL (R9)
MON B0572
1/4" BRASS PIN

IN MON WELL
(R5)
MON B0549
2" BRASS DISK W/

PUNCH IN MON WELL
ELEVATION = 109.91'
(R6)
MON B0594
1/4" BRASS PIN, DOWN

0.6' IN MON WELL
ELEVATION = 108.69'
(R8)

BASIS OF BEARINGS
MON B0593 (R7)
3/8" BRASS PIN IN

MON WELL

73.00'

72.60'

73.00'

73.00'
TRANSFER AREA 2
975± SF (D4)
TRANSFER AREA 1139± SF (D2)
VACATION AREA 12± SF (D1)
VACATION AREA 2
163± SF (D3)
DEDICATION AREA 1
SEE DETAIL ON SHEET 81,880± SF
DEDICATION AREA 4
SEE DETAIL ON SHEET 8219± SF
DEDICATION AREA 1
SEE DETAIL ON SHEET 8
1,880± SF
DEDICATION AREA 2
SEE DETAIL ON SHEET 81,427± SF
DEDICATION AREA 2
SEE DETAIL ON SHEET 8
1,427± SF
DEDICATION AREA 3
SEE DETAIL ON SHEET 8157± SF

DESIGNATED

REMAINDER

D E L A W A R E S T R E E T
(R/W WIDTH VARIES - A PUBLIC STREET)

V I R G I N I A S T R E E T

FORMERLY FOLSOM STREET
(R/W WIDTH VARIES - A PUBLIC STREET)

S A C R A M E N T O S T R E E T
(R/W WIDTH VARIES - A PUBLIC STREET)

A C T O N S T R E E T
(FORMERLY CENTER STREET)
(R/W WIDTH VARIES - A PUBLIC STREET)
LOT G
144,630± SF

DESIGNATED

REMAINDER
LOT E
29,973± SF
LOT A
12,079± SF
LOT B
19,992± SF
LOT C
16,816± SF
LOT D
15,331± SF

DESIGNATEDREMAINDER

DESIGNATED

REMAINDER

DESIGNATEDREMAINDER
(SEE DETAIL "D")
LOT F
40,492± SF

DESIGNATEDREMAINDER
R30-1ER30-1A
R30-1B
R30-1C
R30-1D
R30-1R
R30-1C-X1
R30-1C-X1 R30-1G-X2
R30-1G-X1
R30-1G
R30-1R
R30-1F R30-1R
R30-1R
R30-1A-X1
R30-1R
R30-1R
(SUBSTATION)
(TUNNEL)
(TUNNEL)
(ACCESS ROAD) (STATION ENTRANCE)
(ELEVATOR)
LEGEND

FOUND MONUMENT AS NOTED
(C) CALCULATED FROM RECORD
(D#)DENOTES RECORD DOCUMENT REFERENCE

MON MONUMENT
O.R. OFFICIAL RECORDS

PCL PARCEL
PTR

PRELIMINARY TITLE REPORT
(R)

DENOTES RADIAL BEARING
(R#)

DENOTES RECORD MAP REFERENCE
S.F.B.A.R.T.D.

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
SQ. FT.

SQUARE FEET
R30-1AS.F.B.A.R.T.D. PARCEL #

LINETYPES

RESULTANT BOUNDARY LINEEXISTING BOUNDARY LINEFORMER RIGHT-OF-WAY LINEEASEMENT LINEMONUMENT LINE

TIE LINE/RADIAL LINE

VERTICAL STEP IN LOT
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com

CITY OF BERKELEY ALAMEDA COUNTY CALIFORNIA SCALE 1" = 50'AUGUST 2026
Exhibit B – Site Plan and Parcel Details: Vacation and Transfer Areas

255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com

CITY OF BERKELEY ALAMEDA COUNTY CALIFORNIA AUGUST 2026

4.65'

S A C R A M E N T O S T R E E T
(110' WIDE ON ANGLE)
N05°25'30"W 25.92'

14.85'S00°59'15"E 26.97'
S05°25'30"E

7.78'
S46°06'38"E

7.67'

21.27'
(N15°16'46"W 20.40')N16°44'06"W 20.40'
TRANSFER AREA 1
AREA = 139± SQ.FT.

N05°31'15"W 153.95'
S11°34'55"W

23.59'
S05°31'15"E 127.06'(N04°04'14"W 127.00')
S63°30'55"E

8.18'

A C T O N S T R E E T
(60' WIDE ON ANGLE)
TRANSFER AREA 2
AREA = 975± SQ.FT.

N05°25'30"W 7.78'
S46°06'38"E

0.85'
S00°59'15"E 7.16'

S A C R A M E N T O S T R E E T
(110' WIDE ON ANGLE)
STREET VACATION AREA 1
AREA = 2± SQ.FT.

A C T O N S T R E E T
(FORMERLY CENTER STREET)
(60' WIDE ON ANGLE)

D E L A W A R E S T R E E T
(80' WIDE ON ANGLE)

13.75'
N80°27'00"E
N80°27'00"E 186.73'
S80°27'00"W 168.76'
R=17.00'
Δ=18°50'47"
L=5.59'
S76°16'28"W

12.52'
STREET VACATION AREA 2
AREA = 163± SQ.FT.

Exhibit B – Site Plan and Parcel Details: Vacation and Transfer Areas STREET VACATION AREA 1
STREET VACATION AREA 1, SHOWN
WITH TRANSFER AREA 1 DETAIL

Office of the City Manager

CONSENT CALENDAR
October 27, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Purchase Order: Municipal Maintenance Equipment, Inc. for the Purchase and Installation of a CCTV Sewer Inspection System in One City-Owned Electric Van

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a purchase order with Municipal Maintenance Equipment, Inc. for the purchase and installation of a closed- circuit television (CCTV) sewer inspection system in one City-owned electric van in an amount not to exceed $515,636.69.

FISCAL IMPACTS OF RECOMMENDATION
The FY 2027 Adopted Public Works Department Equipment Replacement Fund (Fund 671) budget includes funding for this purchase. The requested $515,636.69 authorization includes the vendor's purchase price of $425,179.71, 10% contingency of $42,517.97 and estimated sales tax of $47,939.01. Any expenditure exceeding the authorized not to exceed amount is subject to Council approval.

Cost Component Amount
Municipal Maintenance Equipment, Inc. — Sourcewell contract price
$425,179.71
10% Contingency $42,517.97
Estimated sales tax (10.25%) $47,939.01
Total not-to-exceed authorization $515,636.69
The sales-tax amount is an estimate calculated at 10.25 percent of the vendor's purchase price plus a 10% contingency and is subject to confirmation by Public Works Administrative and Fiscal staff.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department's existing CCTV sewer inspection van is a 2016 model and has reached the end of its useful life. Replacing it is necessary to maintain the

Purchase and Installation of a CCTV Sewer Inspection System CONSENT CALENDAR October 27, 2026

City's ability to inspect sanitary sewer pipelines, document defects, and make informed maintenance and repair decisions.

The City previously purchased a 2024 electric Ford Transit cargo van to support another division’s operational needs. After reassessing its fleet needs, the City determined that the van is better suited for use as a CCTV sewer inspection vehicle.

Installing a RapidView IBAK high-definition CCTV pipeline inspection system in this City-owned van is the most cost-effective option because it avoids the need to purchase another vehicle. The installation will create a complete mobile CCTV sewer inspection unit with the equipment and vehicle modifications needed to inspect and document the condition of the City’s sanitary sewer pipelines.

Municipal Maintenance Equipment, Inc.’s proposed purchase price is $425,179.71, 10% contingency of $42,517.97 plus estimated sales tax of $47,939.01, for a total of $515,636.69. The purchase includes delivery to Berkeley, installation, round-trip transportation of the City-owned van to RapidView’s installation facility in Rochester, Indiana, two days of onsite equipment training, and one day of onsite support to transfer the City’s POSM Software LLC software license (Pipeline Observation System Management).

The vendor estimates that delivery will occur 120 to 270 days after receiving the City’s van, depending on equipment availability and installation scheduling. The purchase will be made through Sourcewell Master Agreement No. 080525-RVL and will not exceed the amount authorized by the City Council. This purchase supports the City’s Strategic Plan goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain service contracts that meet the criteria established by Government Code Section 3504.1, as amended by Assembly Bill 339. This purchase does not meet those criteria and is therefore exempt from the noticing requirement.

BACKGROUND
The City may use pricing obtained through a competitively solicited cooperative purchasing agreement when procuring goods and services. Sourcewell is a government cooperative purchasing organization that competitively solicits and awards contracts for use by participating public agencies.

On June 17, 2025, Sourcewell issued Request for Proposal No. 080525 for Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services. The solicitation was nationally advertised for 49 days, and 17 proposals were submitted. Sourcewell selected RapidView LLC as the highest-ranked responsive and responsible proposer and awarded Master Agreement No. 080525-RVL effective March 5, 2026. The four-year agreement expires March 4, 2030.

Purchase and Installation of a CCTV Sewer Inspection System CONSENT CALENDAR October 27, 2026

Municipal Maintenance Equipment, Inc. is RapidView’s authorized local dealer for the City’s purchase and will provide local warranty and service support for the RapidView IBAK equipment.

The City will provide its 2024 electric Ford Transit van for the installation, reducing the total project cost by eliminating the need to purchase another vehicle. The requested purchase-order authority covers the inspection equipment, specialized vehicle modifications, transportation, delivery, training, and POSM Software LLC license- transfer support; it does not include the cost of the van.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The inspection system will be installed in the City’s 2024 electric Ford Transit van, avoiding tailpipe emissions during vehicle operation. Lithium iron phosphate batteries and solar panels will support the system’s onboard electrical needs. Clear video footage and inspection data will help the City identify problems in sewer pipelines, prioritize maintenance and repairs, and use public resources efficiently.

RATIONALE FOR RECOMMENDATION
Installing the proposed system will create a complete mobile CCTV sewer inspection unit with the equipment, vehicle modifications, training, and software support needed for sewer inspections. Using an existing City-owned electric van repurposes an available City asset, maximizes the City’s prior investment, and reduces the total project cost.

Using the competitively solicited Sourcewell contract provides established pricing and access to the manufacturer’s authorized local dealer for warranty and service support.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to proceed with the installation, procure a different inspection system, or purchase another van for this purpose. Staff do not recommend these alternatives because they would delay placing the 2024 electric Transit into service, prolong reliance on the 2016 inspection van beyond its useful life, or add unnecessary vehicle-purchase costs. City staff do not have the specialized capacity to complete the vehicle modifications and integrate the proprietary inspection system in-house.

CONTACT PERSON
Joy Brown, Interim Deputy Director, Public Works, 510-981-6629 John Trepczynski, Equipment Maintenance Superintendent, Public Works, 510-981- 6469
Jesus Sandoval, Senior Public Works Supervisor, Public Works, 510-981-6676 Attachment:
1: Resolution

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

PURCHASE ORDER WITH MUNICIPAL MAINTENANCE EQUIPMENT, INC. FOR THE

PURCHASE AND INSTALLATION OF A CCTV SEWER INSPECTION SYSTEM IN ONE

CITY-OWNED ELECTRIC VAN
WHEREAS, the Public Works Department needs a RapidView IBAK high-definition closed-circuit television (CCTV) pipeline inspection system installed in a City-owned 2024 electric Ford Transit van to replace the existing 2016 CCTV sewer inspection van and maintain reliable sanitary sewer inspection operations; and WHEREAS, the City-owned 2024 electric Ford Transit van is suitable for use as a CCTV sewer inspection vehicle and can be repurposed and modified for this purpose, maximizing the City’s prior investment while avoiding the higher cost of purchasing another vehicle; and
WHEREAS, on June 17, 2025, Sourcewell issued Request for Proposal No. 080525 for Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services and subsequently awarded Master Agreement No. 080525-RVL to RapidView LLC for a four-year term ending March 4, 2030; and
WHEREAS, the competitive solicitation and resulting Sourcewell Master Agreement No. 080525-RVL provide the procurement basis for the City’s purchase from Municipal Maintenance Equipment, Inc., RapidView LLC’s authorized local dealer; and WHEREAS, Municipal Maintenance Equipment, Inc.’s proposed pricing under Sourcewell Master Agreement No. 080525-RVL lists a purchase price of $425,179.71 for the purchase and installation of a RapidView IBAK high-definition CCTV pipeline inspection system in the City-owned 2024 electric Ford Transit van, including vehicle modifications, transportation, delivery, training, and POSM Software LLC license- transfer support; and
WHEREAS, funds are available in the FY 2027 Adopted Public Works Department Equipment Replacement Fund (Fund 671) budget for a total authorization not to exceed $515,636.69, including estimated sales tax.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order with Municipal Maintenance Equipment, Inc. for the purchase and installation of a RapidView IBAK high-definition CCTV pipeline inspection system in the City-owned 2024 electric Ford Transit van in an amount not to exceed $515,636.69.

Commission on Disability
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 27, 2026
To: Honorable Mayor and Members of the City Council
From: Commission on Disability
Submitted by: Kathi Pugh, Chairperson
Subject: Enforcement of Public Right-of-Way Accessibility Guidelines (PROWAG)

RECOMMENDATION
The Berkeley City Council shall refer to the City Attorney the requirement to include, in all City of Berkeley contracts that impact the public right-of-way, a clause that obligates City contractors to comply with the Public Right-of-Way Accessibility Guidelines (PROWAG).

POLICY COMMITTEE RECOMMENDATION
On September 16, 2026, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action: M/S/C (Lunaparra/Humbert) send the item to Council with a Qualified Positive Recommendation to refer the development of the PROWAG guidelines to the City Manager with the input of the Commission on Disability. Vote: All Ayes

FISCAL IMPACTS OF RECOMMENDATION
Examples of PROWAG contract clauses are readily available to the Office of the City Attorney. Adoption of this recommendation should not require significant time or expense.

The City currently has a staff position assigned to investigate, monitor and enforce PROWAG. The job description of the City’s ADA Program Coordinator states that “under general supervision” the position is tasked with “implementation of the City’s ADA program which includes…receiving and investigating grievance, reviewing projects plans for accessibility, [and] training city staff.”

CURRENT SITUATION AND ITS EFFECTS
Both the ADA Program Coordinator and 311 receive complaints when disabled pedestrians and wheelchair users confront hazardous conditions in the public right-of- way. City staff time, significantly by the ADA Program Coordinator, is already used to, in many cases, successfully secure compliance with PROWAG. In some cases, City contractors refuse to comply with accessibility guidelines—because the requirement to comply is not stipulated in their contract. This is often on large, months-long City projects that significantly alter and disrupt the public right-of-way.

Enforcement of Public Right-of-Way Accessibility Guidelines CONSENT CALENDAR October 27, 2026
Failure to comply with PROWAG creates serious safety hazards for people with disabilities. At times, wheelchair users are forced into busy streets when PROWAG is not followed. In 2024-2025, this occurred repeatedly at projects on Bancroft/Fulton, University and Shattuck Avenues.

In addition, Audible Information Devices that warn blind and low vision individuals about blocked and alternate routes are rarely used by City contractors or private construction companies. When employed, these warning devices are frequently useless. They are, with regularity, incorrectly placed, not operating and inaudible. The routine failure to address accessibility for blind and low vision pedestrians creates manifestly unsafe conditions.

The City of Berkeley Public Works Department must develop proactive and effective educational, monitoring and enforcement systems to ensure that disruptions in the public right-of-way, whether performed by the City, its contractors, or during private construction projects, conform to PROWAG standards. When the City is informed of potential violations, timely investigation and remediation must bring violations into PROWAG compliance.

With the passage of Measure FF and the significant street redesign projects that will result, complying with PROWAG technical standards—in both design and construction—is imperative. Over many years, significant resources will be devoted to improving the condition and safety of Berkeley streets and sidewalks. Attention to PROWAG must be the rule—and included in City contracts. When envisioning Berkeley’s future, Safe Streets must include the safety of people with disabilities.

BACKGROUND
PROWAG defines aspects of the ADA not specified at the time of the groundbreaking law’s passage in 1990. The ADA never specifically addressed accessibility in areas deemed the “public right-of-way.” To support implementation of the ADA, the U.S.

Access Board, a federal agency charged with promoting “equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards” created PROWAG. These accessibility guidelines were developed over the past two decades.

PROWAG was entered into the Federal Register in 2023 and adopted by the U.S.

Department of Transportation in 2024. The City of Berkeley’s 2020 Pedestrian Plan, Appendix B: Engineering and Design Guidance references PROWAG numerous times.

CalTrans uses its technical standards. It is considered best practice. Yet, it does not hold the force of federally mandated law. Because of this, the City’s ADA Program Coordinator has indicated that some City contractors are unwilling to follow PROWAG.

This obstacle to securing the rights and safety of people with disabilities can be overcome by including a PROWAG clause in City contracts.

Enforcement of Public Right-of-Way Accessibility Guidelines CONSENT CALENDAR October 27, 2026
PROWAG will define the access standards expected by the City of Berkeley in the public right-of-way. It will make clear the City’s commitment to accessibility guidelines, empower the ADA Program Coordinator to enforce those guidelines and give the City legal recourse should contractors fail to comply with the contract.

Yet a contract clause, without monitoring and enforcement of its obligations, is meaningless. For implementation, this recommendation requires a Public Works Department committed to the principles and technical standards outlined in PROWAG.

We expect—and the City should secure—this level of accessibility and safety for the disability community.

The Commission on Disability took the following action at its April 9, 2025 meeting:

Action: Motion(Fischer/Pugh):To approve the recommendation to City Council regarding the enforcement of PROWAG, with the ability to make small edits regarding Caltrans and the City’s use of PROWAG.

Votes: Ayes: Walsh, Fischer, Pugh, Sun, Lewkowicz, Mann, and Holloway;.Nays: None Abstain: None; Unexcused Absence: None; Leave of Absence: Paz

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

RATIONALE FOR RECOMMENDATION
The PROWAG Contract Clause recommendation is a Strategic Plan Priority Project, advancing the City’s goals in multiple areas:
● provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; ● create a resilient, safe, connected, and prepared city; ● champion and demonstrate social and racial equity.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions have been considered.

CITY MANAGER
The City Manager recommends referring this item to the FITES Committee to better understand the potential costs and time impacts of undertaking the recommendation to streetscape projects.

CONTACT PERSON
Thomas Gregory, ADA Program Coordinator, Public Works, 510-981-6418

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 27, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Companion Report: Enforcement of Public Right-of-Way Accessibility Guidelines (PROWAG)

RECOMMENDATION
Receive this report on Public Works’ progress responding to the Commission on Disability’s PROWAG referral and concur with the FITES Committee’s recommendation to refer development of PROWAG compliance provisions for work in the public right-of- way (construction-zone access guidelines and City contract language, with City Attorney review) to the City Manager, with input from the Commission on Disability (CoD).

POLICY COMMITTEE RECOMMENDATION
On September 16, 2026, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action: M/S/C (Lunaparra/Humbert) send the item to Council with a Qualified Positive Recommendation to refer the development of the PROWAG guidelines to the City Manager with the input of the Commission on Disability. Vote: All Ayes

FISCAL IMPACTS OF RECOMMENDATION
An assessment of comparable jurisdictions conducted in early 2026 found no other jurisdiction currently committed to full compliance with PROWAG within construction zones. This was primarily due to PROWAG not yet being fully adopted by the Federal government and concerns about the level of effort and costs associated with full compliance. This makes exact cost estimates challenging. However, adding compliance with PROWAG as a contractual requirement may result in contractors requiring additional compensation, additional inspection staff to assure compliance, and some one-time costs across departments to adjust current practices and educate staff.

Staff time for administering the recommendation has not been calculated within the following potentially impacted departments: City Attorney, Public Works; Parks Recreation and Waterfront; Planning and Development; and Health Housing and Community Services. City staff across multiple departments working in project delivery, permitting and inspections are not currently trained in PROWAG requirements. Training expenses have not been determined. Public Works ability to enforce PROWAG compliance will also be limited by having only one Right-of-Way inspector. Additional

Companion Report: Enforcement of Public Right-of-Way CONSENT CALENDAR Accessibility Guidelines (PROWAG) October 27, 2026
2 inspectors would increase City’s personnel costs and enable the City to proactively enforce these regulations. .With only one traffic inspector, the City enforcement will be complaint driven and subject to staff availability. Public Works will assess inspection staffing needs as part of implementation through a review of the volume of complaints and observed compliance issues, including whether any portion of additional staff costs could be covered through relevant inspection fees and/or fines.

Public Works staff have evaluated the contractual, bidding, and specification language needed to be modified to require PROWAG compliance. Many documents and procedures across multiple groups and departments will need to be updated. The City Attorney’s Office will be consulted on all draft contract provisions.

CURRENT SITUATION AND ITS EFFECTS
Public Works staff have met on multiple occasions with Commission on Disability subcommittee members to gather input around complying with PROWAG in construction zones. The final design of projects within Berkeley are generally compliant with PROWAG and have been for several years, which the CoD members affirmed.

This achievement represents process improvements in both the Public Works Department and Planning and Development Department to ensure that approved plans for improvements in the public right-of-way prioritize accessibility.

CoD’s concerns are primarily focused on maintaining PROWAG compliant access adjacent to construction sites in the City. These include a large number of sidewalk closures for new development projects, as well as improper or inadequate signs and guidance to provide accessible paths of travel through construction zones. Moreover, Public Works staff have heard from multiple members of the public, including the Transportation and Infrastructure Commission, expressing concern with both pedestrian and bicycle detours through construction zones.

State and federal regulations to which cities must adhere do not require compliance with PROWAG as it is not currently federal law. To require contractor compliance with PROWAG in construction zones, staff would have to include requirements into our contracts, specifications, and bid documents.

BACKGROUND
Following CoD review and action in April 2025, the CoD subcommittee approached the Public Works Department to address accessibility through and adjacent to all construction sites throughout the City. Public Works had previously started a process in 2023 or earlier to develop guidelines for accommodating pedestrians, cyclists, and transit riders at construction sites, but the process never concluded.

In early 2026, the Public Works Department updated the prior draft guidelines based on best practices and to ensure feasibility, and shared them with the CoD subcommittee and an ad-hoc subcommittee of the Transportation and Infrastructure Commission (TIC). Following edits based on stakeholder feedback, Public Works is ready to adopt

Companion Report: Enforcement of Public Right-of-Way CONSENT CALENDAR Accessibility Guidelines (PROWAG) October 27, 2026
3 Berkeley’s “Pedestrian, Bicycle, and Bus Facility Accommodation in Construction Zones” guidelines in November l 2026.

Following adoption, these guidelines would apply immediately to Public Works permits issued for new development sites, and other permitted construction (e.g.; utility company actions) within the public ROW. Adopted, rather than draft, guidelines are necessary to enforce contractor compliance.

In addition, Public Works is proceeding with updating language within City contracts, bid documents, and pre-construction activities to highlight and require PROWAG compliance at job sites to ensure compliance for City-led construction projects that do not require permits. These are primarily construction contracts for capital projects managed by Public Works and Parks, Recreation and Waterfront. Staff anticipates that incorporating guidance into contract documents will take approximately 6-8 months.

CoD requested modifications to the City’s 311 system to support reporting of PROWAG compliance issues and violations at construction sites. The CoD subcommittee provided specific modifications to support this reporting to 311. Public Works evaluated this request and supports this change. Public Works staff are working across departments to determine the feasibility of making the necessary system changes to 311.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Compliance with PROWAG in construction zones assures pedestrian access supporting walking as a viable mode of transportation for more trips. The Accommodation in Construction Zones guidelines also require improved protection to maintain cycling access adjacent to construction zones. Cycling and walking are zero emission travel modes which support the City’s Climate and sustainability goals.

RATIONALE FOR RECOMMENDATION
The City anticipates that PROWAG is going to become federal law and is looking to take proactive steps to comply. Moreover, ensuring that construction zones prioritize pedestrian and bicycle safety and accessibility is consistent with numerous City of Berkeley policies. Given the volume of current and anticipated construction projects in Berkeley, adopting new guidelines is a high priority for the Public Works Department.

ALTERNATIVE ACTIONS CONSIDERED
City Council could give direction to delay implementation of PROWAG guidelines developed by the Public Works Department until federal adoption of PROWAG.

CONTACT PERSON
Thomas Gregory, ADA Program Coordinator, Public Works, 510-981-6418 Mark Helmbrecht, Transportation Manager, Public Works, 510-981-6403 Wahid Amiri, Deputy Director, Public Works, 510-981-6396

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/

ACTION CALENDAR
06/03/2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jaime Parks, Director, Public Works
Subject: Companion Report: Enforcement of Public Right-of-Way Accessibility Guidelines (PROWAG)

RECOMMENDATION
The City Manager recommends that the Public Right-of Way Accessibilities Guidelines item be referred to the Facilities, Infrastructure, Transportation, Environment and Sustainability Committee for discussion of potential impacts.

FISCAL IMPACTS OF RECOMMENDATION
An assessment of comparable jurisdictions that currently adhere to PROWAG would need to be conducted to begin to understand the costs for implementation and the potential long-term impact on contracting and timelines for streetscape infrastructure.

Additionally, staff time for the administration of the recommendation has not yet been calculated within the following potentially impacted departments: City Attorney, Public Works; Parks Recreation and Waterfront; Planning and Building; Health Housing and Community Services; and Finance. City staff across multiple departments acting as project managers serve as contract monitors and are not currently trained in PROWAG requirements. Training expenses have not yet been determined.

Time to develop the contractual language needed for implementation would additionally impact the City Attorney’s Office, which has not been consulted to calculate the exact staff time required or the potential need for an outside contractor to draft the provisions.

CURRENT SITUATION AND ITS EFFECTS
The City Manager recommends that Council refrain from referring this matter to the City Attorney's Office at this time. Staff would first need to assess capacity to monitor contractors' adherence to PROWAG and to determine how to take remedial steps if contractors fail to comply with PROWAG.

PROWAG is not incorporated in state or federal guidelines to which cities are required to adhere, and there are no funds tied to citywide implementation. If a contractor was unwilling or unable to comply with PROWAG, staff do not currently have clear protocols for when or how to terminate the noncompliant contract. Currently, there are no

Companion Report: Enforcement of Public Right-of-Way
Accessibility Guidelines (PROWAG)

ACTION CALENDAR
06/03/2025
protocols for determining if qualified alternative contactors are readily available to fill any gaps created by non-PROWAG compliant contractors. Adding compliance with PROWAG as a contractual duty may result in contractors requiring additional compensation.

Staff have yet to analyze current budgetary constraints to determine if recommended implementation costs are feasible.

BACKGROUND
The Commission on Disability took the following action at its April 9, 2025 meeting:

Action: Motion(Fischer/Pugh):To approve the recommendation to City Council regarding the enforcement of PROWAG, with the ability to make small edits regarding Caltrans and the City’s use of PROWAG.

Votes: Ayes: Walsh, Fischer, Pugh, Sun, Lewkowicz, Mann, and Holloway; Nays: None Abstain: None; Unexcused Absence: None; Leave of Absence: Paz

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
All future potential City contractors for projects related to lowering carbon emissions through upgrading the public right of way to encourage pedestrian and bicyclist use, would be required by the City to adhere to the PROWAG requirements. While many already do, including this in the contractual language, rather than in the design phase, may increase costs.

RATIONALE FOR RECOMMENDATION
Better understanding the PROWAG project and cost implications would be prudent ahead of mandating they be made.

ALTERNATIVE ACTIONS CONSIDERED
Staff could begin the process to study the cost of implementation, but the time required for that study would necessitate an outside contractor to supplement current staffing. A working group consisting of the aforementioned departments impacted by PROWAG requirements could be convened to begin to determine feasibility. There are not currently any funds dedicated in the City Budget for a study by an outside contractor or an interdepartmental working group.

CONTACT PERSON
Thomas Gregory, ADA Program Coordinator, Public Works, 510-981-6418 Wahid Amiri, Deputy Director, Public Works, 510-981-6396

Parks, Recreation, and Waterfront Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
October 27, 2026
To: Honorable Mayor and Members of the City Council
From: Parks, Recreation and Waterfront Commission
Submitted by: Allan Abshez, Chairperson
Subject: Re-Name the park at the northern end of the Berkeley Waterfront as Si Se Puede Park

RECOMMENDATION
Adopt a Resolution re-naming the park at the northern end of the Berkeley Waterfront as Si Se Puede Park.

FINANCIAL IMPLICATIONS
Renaming the park at the northern end of the Berkeley Waterfront will require replacement signage with an estimated cost of approximately $16,000, which is not identified in the PRW FY2027-28 budget.

CURRENT SITUATION AND ITS EFFECTS
In the Council agenda for March 24, 2026, Councilmember Kesarwani and co-sponsors Taplin, Bartlett, and Blackaby made a referral to the Parks, Recreation and Waterfront Commission as follows: Refer to the Parks, Recreation and Waterfront Commission to officially rename Cesar Chavez Park. This referral to the Parks Commission initiates a community process which should incorporate feedback from the Commemorative Committee (which initiated the first renaming process of the park in 1994) as well as input from other community members and stakeholders. We recommend that Dolores Huerta be among the options considered for renaming (see Attachment 2).

In the Council agenda for April 14, 2026, Mayor Ishii made a referral to the Parks, Recreation, and Waterfront Commission as follows: Refer to the City Manager and the Parks Commission the request to develop and implement a plan and identify budget to rename City of Berkeley locations, events, and the city holiday currently named for Cesar Chavez and engage with the Chavez/Huerta Commemoration Period partners and Latinos Unidos de Berkeley to bring back to City Council recommendations for how the City of Berkeley, may move forward with a name changes that will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America (see Attachment 2).

Rename the park at northern end of the Berkeley Waterfront as Si Se Puede Park CONSENT CALENDAR October 27, 2026

In response to the referrals regarding the renaming of the park at the northern end of the Berkeley Waterfront, at its regular meetings of May 13, June 10, July 8, and September 10, 2026, the Parks, Recreation, and Waterfront Commission agendized this item and heard public comment on the renaming of the park at the northern end of the Berkeley Waterfront. The Commission gave deference to the work and recommendations of the Commemorative Renaming Committee as had been requested by the City Council in its referral of the matter to the Commission. Per the Council Naming Policy procedures, on July 8, 2026, the PRW Commission conducted a public hearing, and on September 10, 2026, took action to recommend that Council rename the park at the northern end of the Berkeley Waterfront as Si Se Puede Park as recommended by the Commemorative Renaming Committee. (M/S/C:

Stewart/Granzella/U); Ayes: Abshez; Granzella; Nash; Philip; Rybczynski; Samelson; Stewart; Noes: none; Absent: Muszynski; Yeo.

BACKGROUND
The Parks, Recreation, and Waterfront Commission agendized this item and heard public comments at its regular meetings in May, June, July, and September of 2026.

Public comments received by the Commission, including the work of the Commemorative Renaming Committee suggested several possible names (see Attachment 2).

CITY MANAGER
The City Manager takes no position on the recommendation contained in this report.

The cost of the replacement signage is $16,000, which is not identified in the PRW FY2027-28 budget. Once the City has identified funds, the signage can be ordered and installed in a three month period.

ENVIRONMENTAL SUSTAINABILITY
There are no negative environmental impacts were identified as a result of this recommendation.

RATIONAL FOR RECOMMENDATION
At its regular meetings of May 13, June 10, July 8, and September 10, 2026, the Parks, Recreation, and Waterfront Commission agendized this item and heard public comment on the renaming of the park at the northern end of the Berkeley Waterfront. The PRW Commission concurs with the work of the Commemorative Renaming Committee to rename the park at the northern end of the Berkeley Waterfront as Si Se Puede Park.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Allan Abshez, Chair, Parks, Recreation, and Waterfront Commission, 310-922-7573 Roger Miller, Secretary, Parks, Recreation and Waterfront Commission, 510-981-6704

Rename the park at northern end of the Berkeley Waterfront as Si Se Puede Park CONSENT CALENDAR October 27, 2026

Attachments:
1: Resolution;
2: Council Referrals of March 24 and April 14, 2026, the Commemorative Renaming Committee Report of June 3, 2026, and public comments

RESOLUTION NO. – N.S.

RE-NAME THE PARK AT THE NORTHERN END OF THE BERKELEY WATERFRONT

AS SI SE PUEDE PARK
WHEREAS, in the Council agenda for March 24, 2026, Councilmember Kesarwani and co-sponsors Taplin, Bartlett, and Blackaby made a referral to the Parks, Recreation and Waterfront Commission as follows: Refer to the Parks, Recreation and Waterfront Commission to officially rename Cesar Chavez Park. This referral to the Parks Commission initiates a community process which should incorporate feedback from the Commemorative Committee (which initiated the first renaming process of the park in 1994) as well as input from other community members and stakeholders. We recommend that Dolores Huerta be among the options considered for renaming; and WHEREAS, in the Council agenda for April 14, 2026, Mayor Ishii made a referral to the Parks, Recreation, and Waterfront Commission as follows: Refer to the City Manager and the Parks Commission the request to develop and implement a plan and identify budget to rename City of Berkeley locations, events, and the city holiday currently named for Cesar Chavez and engage with the Chavez/Huerta Commemoration Period partners and Latinos Unidos de Berkeley to bring back to City Council recommendations for how the City of Berkeley, may move forward with a name changes that will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America; and WHEREAS, in response to the referrals regarding the renaming of the park at the northern end of the Berkeley Waterfront, at its regular meetings of May 13, June 10, July 8, and September 10, 2026, the Parks, Recreation, and Waterfront Commission agendized this item and heard public comment on the renaming of the park at the northern end of the Berkeley Waterfront. The Commission gave deference to the work and recommendations of the Commemorative Renaming Committee as had been requested by the City Council in its referral of the matter to the Commission; and WHEREAS, per the Council Naming Policy procedures, on July 8, 2026, the PRW Commission conducted a public hearing, and on September 10, 2026, took action to recommend that Council rename the park at the northern end of the Berkeley Waterfront as Si Se Puede Park as recommended by the Commemorative Renaming Committee. (M/S/C: Stewart/Granzella/U); Ayes: Abshez; Granzella; Nash; Philip; Rybczynski; Samelson; Stewart; Noes: none; Absent: Muszynski; Yeo.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the park at the northern end of the Berkeley Waterfront is named Si Se Puede Park.

Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author), Councilmembers Terry Taplin, Ben Bartlett and Brent Blackaby (Co-Sponsors)
SUBJECT: Referral to the Parks, Recreation and Waterfront Commission to officially Rename Cesar Chavez Park.

RECOMMENDATION
Refer to the Parks, Recreation and Waterfront Commission to officially rename Cesar Chavez Park. This referral to the Parks Commission initiates a community process which should incorporate feedback from the Commemorative Committee (which initiated the first renaming process of the park in 1994) as well as input from other community members and stakeholders. We recommend that Dolores Huerta be among the options considered for renaming.

And further, direct the City Manager to remove or cover all signage bearing the name Cesar Chavez from park property as soon as practicable while leaving intact signage related to directions and park rules.

CURRENT SITUATION AND ITS EFFECTS
On March 18, 2026, The New York Times published an investigation finding extensive evidence that United Farm Workers (UFW) co-founder Cesar Chavez, now deceased, sexually abused young girls and women who worked within The Farmworkers Movement.1 Two women, now in their sixties, described to the Times how the civil rights icon and leader abused them for years. The investigation, based on interviews with more than 60 people–including top aides, relatives, and members of the UFW–found extensive evidence to support their accusations and those raised by several other women, including Dolores Huerta, working within The Movement.

That same day, Dolores Huerta issued a statement publicly acknowledging the abuse she had kept secret for the last six decades in the interest of protecting The Farmworkers Movement.2 Huerta identified herself as a survivor “of violence, of sexual abuse, of domineering men who saw me, and other women, as property, or things to control….” Huerta also commented that she carried this secret for years “because building the movement and securing farmworker rights was my life’s work…I channeled 1 New York Times, March 18, 2026: “Cesar Chavez, a Civil Rights Icon, Is Accused of Abusing Girls for Years” https://www.nytimes.com/2026/03/18/us/cesar-chavez-sexual-abuse-allegations-ufw.html 2 Medium, March 18, 2026: “A Statement from Dolores Huerta” https://medium.com/@dolores_huerta/march-18-2026-e74c20430555 ATTACHMENT 2

2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 E-Mail: [email protected]

everything I had into advocating on behalf of millions of farmworkers and others who were suffering and deserved equal rights.”3

That inner strength and dedication to human rights sustained Dolores Huerta throughout her entire career. In addition to co-leading the UFW, she worked with the Feminist Majority Foundation to help Latina women become more active within politics, founded the Dolores Huerta Foundation4 that advocates for social justice issues and marginalized communities through grassroots organizing and civic engagement, and has been active in politics by supporting causes such as immigration reform and LGBTQ rights.

Born on April 10, 1930 in New Mexico, Dolores Huerta grew up mostly in California, moving to the state during her early elementary school years after her mother divorced her father. Throughout her life, she has remained active in California-based human rights issues, starting with her deep involvement supporting farmworkers throughout the state, continuing on with the Bakersfield-based Dolores Huerta Foundation, as well as her campaigning for statewide propositions and supporting local politicians. In addition to her many awards honoring her human rights work, the California State Senate awarded Ms. Huerta “Outstanding Labor Leader” in 1984. In 2018, then-Governor Jerry Brown signed into law Assembly Bill 2644, first introduced by Assemblywoman Eloise Gomez Reyes, designating April 10th Dolores Huerta Day.5

BACKGROUND
Cesar Chavez Park was officially renamed after the labor leader on July 26, 1994 when the Berkeley City Council passed resolution No. 57,627 N.S. (attached). Before that it had been called North Waterfront Park. The name change was in recognition of the labor leader’s influence on the Berkeley community and the rest of the world, and to commemorate his life’s work for future generations. When news of the sexual abuse accusations against him surfaced on March 18th, many residents reached out to City Council inquiring about changing the name of this park, reflecting community members’ current pain and anger that a leader of such significance would use his status to dominate, silence, and abuse women who worked beside him.

Since the news broke, cities, school districts, and leaders throughout the state and country have been grappling with the information and the many public facilities and events that have honored Cesar Chavez. As a once-revered labor hero, many parks, pathways, streets, murals, schools, and community buildings bear his name as a way to honor his work and advocacy on behalf of workers. Currently, many city, school board and state leaders are considering changing the names of the facilities that honor him, as Berkeleyside and The San Francisco Chronicle have covered.6 State legislators have

3 Medium, March 18, 2026: “A Statement from Dolores Huerta” https://medium.com/@dolores_huerta/march-18-2026-e74c20430555 4 Dolores Huerta Foundation: https://doloreshuerta.org/ 5 Dolores Huerta Wikipedia page: https://en.wikipedia.org/wiki/Dolores_Huerta 6 Berkeleyside, March 18 article by Natalie Orenstein, Alec N. Gecan, Vanessa Arredondo, Felicia Mello and Zac Farber: “Berkeley lionized Cesar Chavez. Now it’s reevaluating” https://www.berkeleyside.org/2026/03/18/cesar-chavez-berkeley-reevaluates and San Francisco Chronicle March 19 article by Roland Li: Cesar Chavez’s name is all over the Bay Area. Will streets, schools and parks get renamed?” https://www.sfchronicle.com/bayarea/article/cesar-chavez-name- streets-parks-rename-22083714.php

3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 E-Mail: [email protected]

agreed to legislation to rename the upcoming holiday on March 31, 2026 Farmworker Day.

RATIONALE FOR RECOMMENDATION
Like others, community leaders in Berkeley are struggling to integrate the painful news of the accusations against Cesar Chavez while many are also wanting to elevate and honor Dolores Huerta who shines as a pillar of strength even more so now that we know she hid her own pain in an effort to focus on support for laborers. Dolores Huerta has accomplishments as a labor organizer equal to Cesar Chavez, as well as a significant background advocating for human rights issues. Considering renaming the park for her would be a fitting tribute to her life and accomplishments and her survivorship..

ENVIRONMENTAL SUSTAINABILITY
There is no significant environmental impact of this referral. Renaming the park could be a way of promoting a sense of healing within the community and thus be a way of advancing a more positive social environment.

FISCAL IMPACT
This referral has no fiscal impact save staff time for the Parks, Recreation and Waterfront Commission secretary. It is expected that this commission would also investigate costs for replacement signage to accommodate the renaming.

CONTACT PERSON
Rashi Kesarwani, Councilmember District 1 (510) 981-7110

Attachments:
1) Resolution NO. 57,627-N.S. RE-NAMING NORTH WATERFRONT PARK THE “CESAR E. CHAVEZ PARK”

CITYWIDE COMMEMORATION COMMITTEE AGENDA
Zoom meeting tentatively planned for Monday, April 13, 5 pm

REBOOT CITYWIDE COMMEMORATIVE COMMITTEE & MAKE RECOMMENDATIONS TO BUSD

AND COB
Mayor Ishii’s representative (Andrea Bernal) ? Todd Kerr, Editor, Berkeley TImes BUSD Supt. Representative Beatriz Leyva Cutler, BUSD Director, Emeritus School Board Rep - Ana Vasudeo Seasonal Gathering Coordinator (Vivian White) State Senator Arreguin’s rep - Ariana Casanova Santiago Casal, Founder/Director, Tribute Site Council representative (Cecilia Lunaparra, or D1/D2) Coordinator of Site Stewards (Carlos Hill) Latinos Unidos rep (Lupe Gallego-Diaz, Chair) BCC rep (Lissette Flores) BFT representative (Matt Meyer) Multicultural Institute (Mirna Cervantes) Ecology Center rep. (Martin Bourque) Adult School (?) UCB rep (Rubén Lizardo, Dir. Govt. & Com. Relations)
Sheila Jordan, Alam Cty Brd of Ed, Emeritus)
Martin Nicolaus, CEO of the C…… Park Conservancy

DISCUSS AND RECOMMEND CHANGES TO PARK
• The name of the park.
• Statement on how to strongly frame any references to Chavez. • Update and replace, the three main signs at the Park (Partially removed) And within those signs the 12” by 25” updated section on the Tribute Site (DONE) • Remove the wood pieces above the three main signs that say “Cesar E. Chavez Park) (DONE) • Chavez Park road signage routing people driving toward the Park.

BUSD CHANGES
• Remove/Replace Chavez related curriculum for Commemorative Period • NOTE: Begin to work on how to introduce all this to Berkeley Students, particularly around boys and demeaning and exploitive attitudes/behavior toward young women and girls, and sexual violence in general.

See attached article from EdSource - https://edsource.org/2026/cesar-chavez-schools-remove- names/754713

CHANGES TO CITYWIDE COMMEMORATIVE COMMITTEE
In addition to weighing in on the above:
• Change the name of the Citywide Commemorative Period
• Rethink Commemorative Period dates: Currently March 20th (Planting Season), thru Chavez Day, March 31 and on to April 10 Dolores’ birthday.
• The name of the Chavez Park Conservancy, which is already underway • The name of the Cesar Chavez Off Leash Area at the Park, which is also underway

REVIEW CHANGES TO TRIBUTE SITE
• Seek City funding for the following:
• Change name of Tribute Site
• Redesign and reproduce all the signage (8 signs) and half of the audio and video pieces linked to QR Codes (i.e., 6 audio and video pieces)
• Redesign/produce the content of the website: www.solarcalendar.org • Redesign the content and name of Commemorative Period website: chavezhuerta.org • Change Email address – [email protected] to [email protected]??

Other changes??

CONSENT CALENDAR
April 14, 2026
To: Honorable Members of the City Council
From: Mayor Adena Ishii (Author), and Council Members Lunaparra, Humbert and O’Keefe (Co-Sponsors)
Subject: Referral to the City Manager and the Parks Commission the request to develop and implement a plan and identify budget to rename City of Berkeley locations, events, and the city holiday currently named for Cesar Chavez, and engage with the Chavez/Huerta Commemoration Period partners and Latinos Unidos de Berkeley to bring back to City Council recommendations for how the City of Berkeley may move forward with a name changes that will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America.

RECOMMENDATION
Refer to the City Manager and the Parks Commission the request to develop and implement a plan and identify budget to rename City of Berkeley locations, events, and the city holiday currently named for Cesar Chavez and engage with the Chavez/Huerta Commemoration Period partners and Latinos Unidos de Berkeley to bring back to City Council recommendations for how the City of Berkeley, may move forward with a name changes that will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America.

BACKGROUND
Cesar Chavez, the late United Farm Workers (UFW) co-founder and labor leader has long been an icon and hero to communities across the country. Berkeley has a long history of honoring the legacy of Cesar Chavez dating back to 1996 by naming the City’s waterfront park after him and with an official city holiday that aligns with the State of California holiday. Over the years, the City has worked collaboratively with the Latinx community, local educational institutions, and community based organizations to organize commemorative activities that honor Cesar Chavez, Dolores Huerta, and farm workers.

12

The following is an initial list of locations and events:
● Cesar Chavez Park (1996)
● Cesar Chavez Day -March 30/31 (2000 - aligned with the State Holiday) ● Chavez/Huerta Tribute Site and Solar Calendar (2011)
● Cesar Chavez-Dolores Huerta Commemorative Period (2021) ● Cesar Chavez Park Perimeter Trail Project (2024 -aka Olivia Stegman Trail) On March 18, 2026, the New York Times published an in-depth investigation documenting extensive evidence that Mr. Chavez groomed and sexually abused young girls who worked in the farmworker movement1. In the same story it was revealed that Mr. Chavez raped UFW co-founder Dolores Huerta. After 60 years of silence, Ms.

Huerta, a renowned labor leader and civil rights activist issued a statement with her personal story recounting how Chavez had raped her and how she stayed silent because she “believed that exposing the truth would hurt the farmworker movement I have spent my entire life fighting for.”2
The members of the Berkeley City Council condemns sexual violence and stands with the survivors who bravely told their story. In light of the in-depth reporting of credible accusations against Mr. Chavez the City must work on a path forward to remove Cesar Chavez’s name from city locations, events, and holidays.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No Impact

FISCAL IMPACTS OF RECOMMENDATION
Staff time to develop a plan and cost allocation to change the name.

ALTERNATIVE ACTIONS CONSIDERED
No name change

CONTACT PERSON
Mayor Adena Ishii
(510) 981-7100
1 https://www.nytimes.com/2026/03/18/us/cesar-chavez-sexual-abuse-allegations-ufw.html 2 https://medium.com/@dolores_huerta/march-18-2026-e74c20430555?

1 Miller, Roger
From: Nancy Carleton <[email protected]>
Sent: Tuesday, March 31, 2026 12:32 PM
To: All Council; Manager, C
Cc: Miller, Roger
Subject: Renaming Cesar Chavez Park and the Legacy of the Farmworker Movement WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Honorable Mayor and City Councilmembers (with cc to members of the Parks, Recreation and Waterfront Commission):

Some thoughts on renaming Cesar Chavez Park, from someone who volunteered extensively for the UFW in the 1970s and was a full-time volunteer 1975-1976: Like many I was shocked to learn of the sexual assault allegations against Cesar Chavez as reported recently in the New York Times. I was already disillusioned about the UFW by 1977. I later submitted a lengthy essay to the Farmworker Movement Documentation Project, whose archives are stored at UC San Diego. In it I did my best to describe my experiences both positive and negative of that time as a low-level volunteer for "la causa." But while I'd seen firsthand that in addition to being a brilliant and charismatic organizer, Cesar was a petty tyrant whose paranoia was becoming more and more damaging to the farmworker cause by the late 1970s, I never would have predicted sexual abuse, of which he now stands credibly accused. I guess I still bought his carefully crafted persona as a servant leader who led a life of almost monklike simplicity.

But here's what I'll say to my well-meaning friends who'd simply like to swap out Cesar Chavez's name with Dolores Huerta's name on streets, parks, and holidays: While Chavez's flaws now include sexual transgressions, all of the leadership of the UFW, including Huerta, share responsibility for the hierarchical UFW culture that prohibited debate, mandated silence, and punished even the mildest questioning, dissent, or truth-
telling (witness the staff purges of the late 1970s well documented in books as well as articles in the LA Times). I have great admiration for Dolores Huerta and the many good causes she has supported over the decades. And I understand that as a woman of my mother's generation -- their birthdays are one day apart -- there is deeply ingrained conditioning at play. But withholding the truth about her experience for decades strikes me as not so far removed from the many ways the UFW leadership, including Huerta, tried to control what could and could not be said through a code of silence as well as an undemocratic and authoritarian structure.

It's the farmworkers themselves, along with their supporters across the country, who made the movement. Could it be time to release the idea that we have honor individual heroes rather than the movements they represent? Can we at long last learn from the flaws not just of one man but of entire structures? I continue to bow before the many, many individuals I met while working for the UFW, some depicted in the drawing below. They will always represent to me the best of humanity, whatever the flaws of the leadership they followed. Together they won important improvements for farmworkers, but much more remains to be done. I'm grateful to the State of California legislature and governor for renaming this year's March 31st holiday Farmworkers Day.

I trust you will allow a full community process to unfold as you consider alternate names for our precious park by the bay. I hope you will refrain from honoring a specific individual as you rename the park.

2 Farmworkers -- who harvest the food we all eat -- and the movement they built deserve consideration in that process.

SIncerely yours,
Nancy Carleton
Former Vice Chair, Parks and Recreation Commission (before the Waterfront was added!) Former UFW staff, 1975-1976

3044-B Halcyon Ct.

Berkeley CA 94705
510-644-0172

3 (Art by Alberto Escalante, 1976, depicting the incredible San Jose Boycott staff, who helped get Prop. 14 on the ballot in record time in the spring of that year. I'm the organizer fourth from left, top row, with the ubiquitous phone in my hand.)

1 Miller, Roger
From: Ryan <[email protected]>
Sent: Saturday, April 18, 2026 4:18 PM
To: Miller, Roger
Cc: All Council; Save CC
Subject: Cesar Chavez Park - Renaming & PRW Item
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Good Afternoon

I'm emailing you today about the upcoming name change to Cesar Chavez Park. Is this item going to be at the next PRW meeting?

I would like to suggest that the City not rename the park after another person. Rather it should be a generic name, like "Bay Park" or " North Waterfront Park".

Thanks,

Ryan Casey
1300 Parker Street
951-265-6314

1 Miller, Roger
From: Everett Wetchler <[email protected]>
Sent: Saturday, April 18, 2026 4:37 PM
To: Miller, Roger
Cc: All Council
Subject: New name for CCP. Please include in the PRW agenda item.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Mr. Miller,

I have been informed that the Park, Recreation, and Waterfront (PRW) commissioners are seeking public comments and suggestions about a new name for what was formally called Cesar Chavez Park.

Please inform the PRW that I would like the Park’s new name to be: "Isle of Dogs”

Thank you for your attention to this matter,

Everett Wetchler

1 Miller, Roger
From: Jen Chou <[email protected]>
Sent: Monday, April 20, 2026 12:23 PM
To: Miller, Roger
Cc: All Council
Subject: Suggestions for renaming Cesar Chavez Park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Thank you for considering what to rename the Cesar Chavez park.

I go to the park several times a week, and have winced every time referring to it by that name since the NY Times article came out.

-As Chavez was an activist for farmworkers, how about Farmworkers Park?

Other notable activists for farmworkers:

-Dolores Huerta https://en.wikipedia.org/wiki/Dolores_Huerta

-Larry Itliong ... https://en.wikipedia.org/wiki/Larry_Itliong

To change topics, how about the Burrowing Owl Park? (To bring public awareness)

Thanks for your kind attention,
Jennifer Chou
Berkeley resident since 2003

Jennifer S. Chou
The arc of the moral universe is long, but it bends towards justice.

1 Miller, Roger
From: Sherry Shannon <[email protected]>
Sent: Monday, April 20, 2026 11:00 AM
To: Miller, Roger
Cc: All Council; Save CC
Subject: New name for CCP
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Mr. Miller,

I have been informed that the Park, Recreation, and Waterfront (PRW) commissioners are seeking public comments and suggestions about a new name for what was formally called Cesar Chavez Park.

Please inform the PRW that I would like the Park’s new name to be: “Dolores Huerta Park”

Thank you for your attention to this matter!

Sherry Shannon

“Women belong in all places where decisions are being made... It shouldn't be that women are the exception." —Ruth Bader Ginsburg

1 Miller, Roger
From: Ken Blum <[email protected]>
Sent: Tuesday, April 21, 2026 1:57 PM
To: Miller, Roger
Cc: All Council
Subject: Re:North Waterfront Park Name
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

To Mayor Miller,

Please create a committee of citizens to figure out new name for this park.

Keep the North Waterfront name until a more descriptive and wonderful name is chosen.

I have used this park hundreds of times because my Cal graduate son lives in the area.

Best,
Ken Blum
Santa Monica, CA

1 Miller, Roger
From: Daniel Borgstrom <[email protected]>
Sent: Tuesday, April 21, 2026 8:43 PM
To: Miller, Roger; All Council
Cc: Martin Nicolaus; [email protected]
Subject: Suggested name for the Waterfront Park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Roger Miller and Berkeley City Council,

Since so many interesting birds live in the Berkeley Waterfront Park, I suggest we name it

"Jardin de los pajaros"

Sincerely,
Daniel Borgstrom

Virus-free.www.avast.com

1 Miller, Roger
From: Virginia Browning <[email protected]>
Sent: Tuesday, April 21, 2026 2:16 PM
To: Miller, Roger
Cc: All Council
Subject: Name for Chavez Park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

I suggest El Jardin. (The garden) It's Spanish which continues connection with the farmworker theme to some degree. Has a nice sound. It seems appropriate as the place has been recycled into a lovely garden from the waste site that it was before. Thank you, I'm in District 1.

My partner suggests El Jardin de Pajaros (of birds) .

Virginia Browning
Yahoo Mail: Search, Organize, Conquer

1 Miller, Roger
From: Gerald Derblich <[email protected]>
Sent: Tuesday, April 21, 2026 4:09 PM
To: Save CC
Cc: All Council; Miller, Roger
Subject: Re: Time to rename CCP! This is an opportunity to voice your opinion to the PRW and City Counsel regarding a new name for our beloved park.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

On Apr 21, 2026, at 1:30 PM, Save CC <[email protected]> wrote:

Time to rename CCP! This is an opportunity to voice your opinion to the PRW and City Counsel regarding a new name for our beloved park.

Dear Friends of North Waterfront Park and the Off-Leash-Area (OLA)!

(As I mentioned earlier, I will use the original name of the park, “North Waterfront Park,” until a new name has been decided.)

Allison & Bodhi recently sent this message to me:

I attended a PRW (Park, Recreation, and Waterfront) meeting this evening and it sounds like Cesar Chavez Park is going to be renamed. The PRW was supposed to have a public hearing on it tonight but there were only 4 people attending and they decided they will take more public comment before deciding. I wanted to let you know that they will bring this up again at the next meeting on the May 13th agenda. Seems there's a shared agreement of the commission that the park will not be renamed after another person. A suggestion provided by a community member was the original name: "North Waterfront Park."

Just an FYI for you, this could be the optimal time for a poll from your followers and bring the results to the next PRW meeting on May 13th.

There you have it. If you are receiving this message, I know that you use or have used the Park.

It doesn't matter where you live. If you are a Berkeley resident or not, now is the time to send the PRW, the City Counsel, and the mayor the new name you would like for our park.

This is your park so thanks for helping to keep it clean and safe, Jeff

………………………………………………………….

Please send your suggestions and/or comments to:

2 Roger Miller at: [email protected]
Copy: [email protected]
This email goes directly to the mayor, each individual Councilmember, and the City Clerk for inclusion in the public record.

Copy me at: [email protected]

Subject line: New name for CCP. Please include in the PRW agenda item.

Dear Mr. Miller,
I have been informed that the Park, Recreation, and Waterfront commissioners are seeking public comments and suggestions about a new name for what was formally called Cesar Chavez Park.

Please inform the PRW that I would like the Park’s new name to be: “Bayview Park……………………………”

Thank you for your attention to this matter,
Gerald Derblich
2410 Jefferson Avenue 94703

1 Miller, Roger
From: judyandrich <[email protected]>
Sent: Tuesday, April 21, 2026 8:59 PM
To: Miller, Roger
Subject: Park rename
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Please rename Cesar Chavez park to become Delores Huerta Park.

1 Miller, Roger
From: Sally Nelson <[email protected]>
Sent: Tuesday, April 21, 2026 8:03 PM
To: Miller, Roger; [email protected]; All Council; All Council Cc: [email protected]
Subject: New name for CCP. Please include in the PRW agenda item.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Mr. Miller,
I have been informed that the Park, Recreation, and Waterfront commissioners are seeking public comments and suggestions about a new name for what was formally called Cesar Chavez Park.

Please inform the PRW that I would like the Park’s new name to be: “Burrowing Owl Park”

Thank you for your attention to this matter,

Sally Nelson
D-4
2200 McGee Avenue
Berkeley, CA 94703

1 Miller, Roger
From: Virginia Browning <[email protected]>
Sent: Friday, April 24, 2026 7:18 AM
To: Miller, Roger; All Council
Cc: Martin Nicolaus
Subject: De Colores (UFW anthem title) for Chavez Park name WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

For some reason it has been decreed that labor and farmworkers be honored with the renaming of Chavez Park. While always worthy of honor, many never understood what farmworkers or UFW (United Farmworkers Union) had to do with Chavez Park. HOWEVER,

I hit on the anthem used by the UFW, "De Colores." It is appropriate in honoring the United Farmworker theme, and also in honoring the multifarious colors in evidence daily at the park, new each day.

Here's a thumbnail history of the song, not written by Chavez but going back to the 16th century, though adopted as a well-known anthem sung by Dolores Huerta's UFW movement.

Below that are 2 renditions and the lyrics. While we don't have chickens (as briefly mentioned in the song) we sometimes have turkeys and many singing birds, as in the song. And anyway the literalness of this traditional song in praise of all was never the point.

Virginia Browning
see below:
from AI summary: "De Colores" is a traditional Spanish folk song with unknown, ancient origins, likely brought from Spain to the Americas in the 16th century. It is considered a Mexican folk song celebrating creation, and it later became the anthem of the United Farm Workers union

https://www.youtube.com/watch?v=ZwAi4dQHqys

https://www.youtube.com/watch?v=9aRZLbZFeLU

De Colores
De Colores se visten los campos en la primavera
De Colores
De Colores son los pajarillos que vienen de afuera
De Colores
De Colores es el arco iris que vemos lucir

Y por eso los grandes amores
De muchos colores
Me gustan a mi

Y por eso los grandes amores

2 De muchos colores
Me gustan a mi

Canta el gallo
Canta el gallo con el quiri quiri quiri quiri quiri
La gallina
La gallina con el cara cara cara cara cara
Los polluelos
Los polluelos con el pio pio pio pio pi

Y por eso los grandes amores
De muchos colores
Me gustan a mi

Y por eso los grandes amores
De muchos colores
Me gustan a mi

To help protect your privacy,
Micro so ft Office prevented
auto matic downlo ad o f this
picture from the Internet.

Virus-free.www.avast.com

1 Miller, Roger
From: Save CC <[email protected]>
Sent: Sunday, May 3, 2026 1:15 PM
To: Save CC; Miller, Roger; Allan Abshez & Jasper
Subject: New name for CCP. Please include in the PRW agenda item.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Mr. Miller and Mr. Abshez,

On April 8 I received the message below from one of 4 attendees at the PRW meeting:

I attended a PRW (Park, Recreation, and Waterfront) meeting this evening and it sounds like Cesar Chavez Park is going to be renamed. The PRW was supposed to have a public hearing on it tonight but there were only 4 people attending and they decided they will take more public comment before deciding. I wanted to let you know that they will bring this up again at the next meeting on the May 13th agenda. Seems there's a shared agreement of the commission that the park will not be renamed after another person. A suggestion provided by a community member was the original name: "North Waterfront Park."

Just an FYI for you, this could be the optimal time for a poll from your followers and bring the results to the next PRW meeting on May 13th.

I confirmed this message was correct with another attendee. Since I was under the assumption that the PRW was interested in taking more public comment before deciding on a name for what was CCP, I sent a request to our group asking for suggestions to be emailed to you and the City Counsel. This is the reason you have been receiving emails about suggested names.

Then, on April 21 I received an email from Mr. Casal asking if I wanted to join the “Citywide Commemorative Committee” to come up with a name for the park. The “Committee” is composed of 21 people representing various groups. I declined the invitation since I do not have time to join the committee but more importantly, I really thought the naming process would be open to the general public.

Now that I have been informed this is not the case, I would still like to list the suggestions from our group. I will include mine as well since I don’t see anything prohibiting our suggestions:

Gerald Derblich suggested “Bayview Park”
Berkeley

Virginia Browning and her partner suggested: “El Jardin” and “El Jardin de Pajaros" Berkeley

Ryan Casey suggested: "Bay Park" or "North Waterfront Park" Berkeley

Everett Wetchler suggested "Isle of Dogs”
Berkeley

2 Michael & Hannah Bennett suggested “Blackbird Park” (for the Red Winged Blackbirds) Berkeley

David King suggested “George Washington Park”

Sherry Shannon suggested “Dolores Huerta Park”

Sally Nelson suggested “Burrowing Owl Park”
Berkeley

Gianna Michael suggested “Berkeley Paradise Peninsula”
Berkeley

Judy Andrich suggested “Delores Huerta Park”

Daniel Borgstrom suggested "Jardin de los Pajaros"

Kristine Larsen suggested “Blue Heron Park” or “Brown Pelican Park”

Kathleen Mclaughlin suggested “Berkeley Waterfront Park” or “Berkeley Marina Park”

Regarding my suggestions, I learned from Mr. Casal’s email that a set of Criteria has also been established. In keeping with the Criteria, I suggest any of the following:

Parque de los Obreros
Parque de los Olvidados
Parque del Bracero
Parque de los Braceros
or:

Jardín de los Obreros
Jardín de los Olvidados
Jardín del Bracero
Jardín de los Braceros

All of my suggestions should be self-explanatory with two exceptions: Parque de los Olvidados and Jardín de los Olvidados. All of these suggestions however are keeping with the Criteria.

For 38 years I have worked to help severely injured limited English and mono-lingual Spanish speakers navigate the worker comp system to obtain their rightful vocational benefits. Of the more than 10,000 (!) injured workers I have helped during these nearly 4 decades, the vast majority have been agricultural field workers and laborers. For some, I had the opportunity to develop and coordinate funding for scores of self- employment plans for injured Spanish speakers in rural Mexico and Central America. Examples include shoe repair shops, dairy farms, slaughterhouses, lime orchards, cattle breeding farms, bakeries, an art gallery, grocery stores, tailor shops, and one of my favorites, I had a computer/internet facility at primary school in a rural village installed.

Nevertheless, for the vast majority of limited English and mono-lingual Spanish speaking injured workers, I have seen firsthand the rampant system-wide bias and disastrous effects they and their families experience as the result of work related injuries. O
nce injured, these workers have no use to their prior employers or any other employer. Their primary value was their pre-injury physical abilities. Once injured, these agricultural workers

3 and laborers are, in essence, tossed aside like so much debris and forgotten. For these thousands upon thousands of injured agricultural workers and laborers, I suggest Parque de los Olvidados or Jardín de los Olvidados.

Regardless of my suggestions, I believe that all suggestions made by the public should also be entitled to fair consideration.

Thank you,

Jeff Malmuth
Berkeley D-1

1 Miller, Roger
From: Beatriz Leyva-Cutler <[email protected]>
Sent: Tuesday, June 2, 2026 3:50 PM
To: Ferris, Scott; Miller, Roger
Cc: Santiago Casal; Natasha Beery
Subject: Recommendation for renaming Meeting on June 10, 2026 Attachments: 1. Park Renaming Report for 6_10_2026 PRW Meeting.pdf; 2. Appendix for Renaming Report to PRW 06_10_26.pdf
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Mr. Ferris and Mr. Miller,
On behalf of the Commemorative Renaming Committee, which has been working to provide the Parks, Recreation, and Waterfront Department with a recommendation on the renaming of Chavez Park, we hereby submit our recommendation for discussion at the upcoming meeting on June 10, 2026.

As previously requested, we would greatly appreciate being placed early on the agenda and being given 15 minutes to present and discuss. Attached are the documents to be provided to the commissioners, the public, and for your review. There are a few items in the document that have links to open and view.

We look forward to hearing from you and plan to attend, along with some of our committee members. Please let us know if you have any questions or need any additional information.

Respectfully,
Beatriz Leyva-Cutler
Santiago Casal
Natasha Beery
Attachments:

2 1. Renaming Report

2. Appendix includes:
 Rationale for 2nd and 3rd polled names
 Straw Poll Results
 Committee Members

Date: June 3, 2026

To: Parks, Recreation, and Waterfront Commissíon
cc: Mayor Ishii, City Manager Paul Buddenhagen, PRW Director Scott Ferris

From: Commemorative Committee Renaming Working Group
Re: Recommendation for Renaming the Waterfront Park

Following the April 14, 2026, referral by the Mayor,1 members of the Citywide Commemorative Committee2 constituted a renaming working group in order to submit a recommendation to the Parks, Recreation and Waterfront Commissíon and City Manager for renaming the waterfront park. The committee of 21 members was drawn from many constituencies and stakeholders, including representatives from Latinos Unidos, the Multicultural Institute, Berkeley Unified School District, the Park Conservancy, the Off-Leash Association, the Tribute Síte, the Ecology Center, UC Berkeley, the mayors and council aides, and community members (see Appendix).

Each individual and constituency brought a unique perspective on the park's history, current use, and potential. We conducted a substantial deliberative process that included reviewing the Mayor's referral, consulting city policy on naming and renaming, and developing criteria to review proposed names before polling representatives and discussing the poll results.

This committee process adapted the successful model developed and refined during recent BUSD school renaming efforts to carefully consider each name, including its educational implications and any caveats. We hope you will find this report illuminating for your discussion and deliberation, and believe you may find this process helpful for your future naming or renaming work.

We are pleased to have reached a strong consensus on a recommendation for a new name, one that we believe will endure and inspire our Berkeley community for generations to come:
¡Sí Se Puede! Park. Please read the attached report for supporting details.

Respectfully submitted on behalf of the Committee,

Beatriz Leyva-Cutler, BUSD School Board Director, Emerita Santiago Casal, Founder of The Tribute Síte & Former Chair of Latinos Unidos Lupe Gallegos-Diaz, UC Berkeley Lecturer and Current Chair of Latinos Unidos Natasha Beery, BUSD Superintendent's Desígnate & Former Director of Community Relations

This report includes the following components:
1) Naming Background and Renaming Working Group Process 2) Naming Recommendation and Rationale for Sí Se Puede Park 3) Appendices: Rationales for 2nd & 3rd Choices (Esperanza and Campesíno/a), Poll Results, Working Group Roster
2 formerly known as the Citywide Chavez-Huerta Commemorative Committee 1 5/13/2026 PRW Agenda, page 12

Park Naming and Renaming Background
Thirty years ago, in 1996, the City of Berkeley renamed Waterfront Park to César Chávez Park in recognition of the Farmworker movement and of Chávez as one of its leaders.

In 2003, a citywide Chávez-Huerta Commemoration period was established as a collaboration between the City of Berkeley, the Berkeley Unified School District, and the Berkeley community. It begins on the Spring Equinox to coincide with the planting season and César Chávez’s birth, and concludes on Dolores Huerta’s birthday, April 10th.

In 2004, the Berkeley City Council approved a Chávez Tribute Síte in César Chávez Park, desígned as an ancient solar calendar to honor key virtues of the Farmworker movement:

Hope, Determination, Courage, and Tolerance/Non-Violence.

The park, the Tribute Síte, and the Commemoration period have played a crucial role in 23 years of city-wide celebrations and are a source of pride for the Latino community in Berkeley and beyond. With the shocking and painful news about Chávez that broke in March of this year, new and founding members of the Commemorative Committee stepped up to offer to work toward the park's renaming.

On April 14th, 2026, the Mayor requested the City Manager and the PRW Commissíon to “engage with the Chavez/Huerta Commemoration Period partners and Latinos Unidos de Berkeley…to bring back to City Council recommendations for…name changes that will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America.”
Renaming Working Group Timeline
The Working Group adapted a process used by the Berkeley Unified School District in the recent renaming of two of our elementary schools. Five meetings were held over the past two months to work intensívely and thoughtfully together. Following is a snapshot of the process:

April 16: Reviewed the Mayor’s directive, City policy on naming and renaming, and discussed potential criteria for selecting a new name. A poll on criteria was conducted April 21-26.

April 27: Reviewed results of the criteria poll, agreed to use eight key criteria to assess possible names, began soliciting names from committee members and their constituencies, and shared updates on district and city actions so far. Straw poll on names April 29-May 3.

May 4: Reviewed and discussed results of first poll, and prepared for May 13 update to PRW Commissíon. Discussed the creation of rationales and learning opportunities for each name.

Conducted a second straw poll, May 6-12, which included new names written in during the first poll. The writing group began working on drafts of top-name rationales, May 17-25.

May 26: Shared results of 2nd poll and initial drafts, found consensus on top name.

June 1: Reviewed report drafts and discussed presentation ahead of the June PRW meeting.

Committee Consensus Recommendation:

¡Sí Se Puede! Park

3 1. Summary Statement
Coined by civil rights activist Dolores Huerta for the United Farmworkers Movement in 1972, ¡Sí Se Puede! has served as an empowering rallying cry for labor and immigrant rights as well as for political change, emphasízing collective action to overcome obstacles. What others saw as insurmountable obstacles, Dolores and others saw as the next hill to climb. Their example motivated and inspired others to follow their leadership. It has become an international phrase of the will to overcome.

The name not only meets all the committee’s naming criteria, but you’ll also find “Sí Se Puede” reflected in the Park’s Tribute Síte and Solar Calendar as one of the four directions linked to the virtue of Determination.

Dolores Huerta has indicated that she does not want to have places named/renamed after her personally, but rather to honor the farmworker movement itself, and “Sí Se Puede” manages to honor both Huerta and the movement without being about one person.

Barack Obama used the saying “Yes We Can” during his presídential campaign, and he acknowledged his debt to Huerta for these words of inspiration. In fact, Sí Se Puede can serve as a rallying cry for many in our community to overcome the enormous setback posed by the shocking revelations about Chavez. "Yes, we can overcome this!" The name also lends an uplift to a beautiful park that once suffered from its status as a garbage dump and is now a community gathering place.

2. Results of the Committee Poll
In two rounds of polling, ¡Sí Se Puede! was consístently the #1 choice of a majority of the committee. In the first poll, with 19 names under consíderation and five additional write-ins, 66% ranked Sí Se Puede Park as the top choice, and 83% placed it in their top three names. In the second poll, Sí Se Puede Park rose to the top three for 93% of respondents and was the #1 choice for two-thirds. The May 26th meeting confirmed that the committee as a whole would move forward with this consensus name. 3 Image created by 2nd graders at Sylvia Mendez elementary school for the Si Se Puede march

3. Opportunities for Learning and Celebration
¡Sí Se Puede! rings through the halls of our public schools during the Commemorative Period.

This name readily lends itself to many existing educational materials used District-wide. Each year, our students will be inspired to honor the farmworker movement leaders and organizers, particularly Dolores Huerta, and to imagine themselves as change-makers and champions for their community.

Sí Se Puede connects directly to the history of the Farmworker Movement and conveys a celebratory sense that “we can do it,” which is uplifting and engaging. Banners that say “Sí Se Puede” could be used and reused in many settings - schools, parades, gatherings of all kinds.

It is a beautiful expressíon of what Berkeley is all about. The phrase invites curiosity about its origin and use and is found in many places, including as one of the four directions at the Tribute Site, re: determination. It is the Sí Se Puede attitude (It Can Be Done!).

4. Relevance to Committee Criteria
A. Celebrates FARMWORKERS:

Yes - it is the motto of the United Farm Workers of America B. Honors the HISTORY OF LABOR ORGANIZING:

Yes - this chant has been used widely throughout labor and other organizing movements
C. Reflects SPANISH-SPEAKING and/or CHICANO/LATINX HERITAGE Yes - this saying is in the Spanish language and connected to this heritage D. Reflects our SHARED VALUES
Yes - this chant reflects the possíbility of community and posítive change E. Promotes UNITY
Yes - this is meant to be chanted together with united voices F. Is likely to ENDURE
Yes, there is not likely to be any controversy over this saying G. Uplifts the COMMUNITY rather than just one individual Yes - this reflects a community working together
H. Resonates with BERKELEY and/or the BAY AREA
Yes - this phrase is used at many Berkeley and Bay Area gatherings…and beyond!

5. Additional Considerations, Caveats, and Variations
● The phrase honors Dolores Huerta, who coined the phrase. ● The phrase brings a smile and a shout to the lips of all who say it! ● One person commented that it could be hard to pronounce, but we don't think that's a major concern. The phrase has been in the public sphere for 50 years and is widely used by English and Spanish speakers alike.
● The word Sí (“yes”) should be written with an accent. (Note that the name César Chávez should also have accents, but these are often omitted by many.) ● The phrase is typically used with at least one exclamation point, or in the Spanish usage, ¡an inverted exclamation point followed by another exclamation point! ● Multiple variations could be acceptable in actual use:
○ Sí Se Puede Park
○ Sí Se Puede! Park
○ ¡Sí Se Puede! Park

6. How is this name being used elsewhere?
● Denver's César Chávez celebration will be called "Sí, se puede" this year ● 30th Annual Sí Se Puede Celebration | California State University Stanislaus ● County replaces César Chávez Day name with “Dolores Huerta - Sí Se Puede” ● Mesa County “Sí Se Puede” celebration
● What will Cesar Chavez Park be renamed? Modesto narrows list to 3 options ● Sí Se Puede Academy - El Centro de la Raza
● Sí Se Puede! | Los Lobos Farmworker Fundraiser Album

7. Google AI Response to “Is Sí Se Puede a Good Name for a Park?” "Sí Se Puede" is an excellent name for a park because it honors civil rights and community resílience. Originating as a famous rallying cry in the farmworker labor movement co-founded by Dolores Huerta, the phrase embodies hope, collective struggle, and the possíbility of posítive social change. [1, 2, 3, 4]

Key Reasons the Name Works:
● Empowerment and Hope: It transforms a park into a symbol of encouragement, reminding visítors that challenges can be overcome through community effort and perseverance.
● Cultural Heritage: The phrase is deeply tied to the Chicano and farmworker civil rights movements. Naming a public space "Sí se puede" serves as an enduring tribute to the hard work and dignity of laborers
● Inclusivity: Rather than being dedicated to a single historical figure, the name emphasizes the community's strength. It invites everyone to feel welcome and capable of achieving great things.
● Universal Motivation: In addition to its deep roots in Latinx and labor history, the phrase has become a universal, uplifting motto used across various campaigns for social and economic justice. [1, 2, 3, 4, 5, 6, 7]

8. Wikipedia: Sí Se Puede:
"Sí, se puede" (Spanish for "Yes, you can"), pronounced [ˈsí se ˈpwe.ðe], is the motto of the United Farm Workers of America and has since been taken up by other activist groups. UFW co-founder Dolores Huerta created the phrase in 1972.[1][2][3] "Sí se puede" has long been a UFW guiding principle that has inspired the accomplishment of goals. The phrase has been widely adopted by other labor unions and civil rights organizations and has drawn widespread political and media attention as a rallying cry during the U.S. immigration reform protests.[4][5]

APPENDIX:

Rationale for
2nd Choice:

Esperanza Park
Rationale for 3rd Choice:

Campesino Park
Poll Results
Commemorative Committee
Roster

APPENDIX to NAMING RECOMMENDATION FROM COMMEMORATIVE COMMITTEE for PNW 06_10_26

Second Choice Name:

Esperanza Park

1. Summary Statement
Esperanza was the second choice among the many suggested names, but a distant second compared to “Sí Se Puede.”
While Esperanza is a positive feeling that conveys support and resonates with the Latino community, in the farmworker movement, it is not necessarily as strong a word as a movement that requires action and change. “Hope” was famously popularized by civil rights leader and politician Rev. Jesse Jackson during his 1988 presidential campaign as a rallying cry for equality, justice, and collective resilience in the face of systemic adversity.

Esperanza is a popular name for parks, particularly in revitalized or historically underserved areas. It transforms green spaces into symbols of community renewal, safety, and a brighter future. The park offers a majestic view of the west, San Francisco, which inspires hope, especially at sunset. Esperanza is also one of the cardinal virtues of the Farmworker Movement (Hope, Determination, Courage, and Tolerance) reflected in the Tribute Site and Solar Calendar at the park.

2. Results from the Committee Poll
Esperanza came in as a fairly strong second choice in the Committee straw poll, with 44% of respondents placing it in 2nd or 3rd place (although none had it as a first choice). In the second poll, support increased, with 57% in 2nd or 3rd place, although it was again not a first choice for any respondent (71% had selected “Sí Se Puede” in first place, and 93% in top three)

3. Opportunities for Learning and Celebration
Esperanza is a verb, an action, a feeling. Learning materials would need to be created to explicitly connect Hope and Activism: Hope for change; Hope for farm workers to be valued; Hope for improved conditions, wages, and benefits; and Hope for stopping the deportation of farm workers.

Hope is directly connected with the EAST at the Tribute Site, and indirectly to the UFW rallying cry of ¡Viva La Causa! The creation of the UFW gave highly exploited and abused farm workers Hope that they could overcome seemingly insurmountable odds. Common spring metaphors (the planting season) include birth, renewal, new beginnings, and HOPE.

4. Committee Criteria
A. Celebrates FARMWORKERS
? - The word itself, “Esperanza,” does not directly celebrate Farmworkers

B. Honors the HISTORY OF LABOR ORGANIZING
Yes - Esperanza, meaning “Hope,” is a part of the labor movement

C. Reflects SPANISH-SPEAKING and/or CHICANO/LATINX HERITAGE Yes - The word is in Spanish

D. Reflects our SHARED VALUES
Yes - We all hope / Esperanza for things to be better.

E. Promotes UNITY
Yes - We all hold hope / Esperanza as a uniting factor

F. Is likely to ENDURE
Yes, the concept of Esperanza can endure and is uncontroversial

G. Uplifts the COMMUNITY rather than just one individual Yes, Esperanza is a feeling, a desire, a communal wish.

H. Resonates with BERKELEY and/or the BAY AREA
? - Can be a word that resonates, but we would need to market it more!

5. Additional Considerations, Caveats and Variations
The connection to the Farmworker movement is indirect, or not obvious to many, and it will take further education and explanation to make that link. Some may find the word less strong than other options. However there is a direct connection to the Tribute Site at the park, with the cardinal direction of “Hope”.

Esperanza is pronounced in Spanish, with soft a; Esperanza does not rhyme with Anza, as in Lake Anza.

The word “la” serves as a definite article in Spanish, equivalent to “the” in English, but specifically used with the feminine singular noun, like Esperanza, so in Spanish this would be Parque de la Esperanza

6. How is this name being used elsewhere?
● La Esperanza Park, Brownsville, Texas
● Esperanza Park in Cathedral City, California.
● Esperanza Hills Regional Park

7. Google AI Response to “Is Esperanza a Good Name for a Park?” "Esperanza Park" is a strong name because "esperanza" translates to "hope" in Spanish. It is frequently used by communities to symbolize renewal, resilience in the face of adversity, and the realization of a long-awaited vision for neighborhoods that have been historically overlooked. [1, 2, 3, 4, 5]
The name works well for a few key reasons:
● Symbol of Renewal: "Hope" embodies the transformation of neglected land, a former landfill, or an empty lot into a vibrant, safe community space for families and children. ● Cultural Connection: In neighborhoods with strong Hispanic roots, using Spanish names directly connects the park's identity to the heritage of local residents. ● Community Advocacy: Often, these parks result from years of grassroots campaigning.

The name serves as a monument to the long-awaited vision and perseverance of the people who fought for the space.
● Promotes Community Gathering: The meaning of "hope" translates directly to the park's purpose: a vibrant, free space that encourages families to celebrate, gather, and recreate together
● Environmental Transformation: It honors the journey of healing or repurposing land. For example, a former landfill in L.A. County was transformed and renamed Esperanza Hills Regional Park.

8. Wikipedia: Esperanza
Esperanza is the Spanish word for hope, and may refer to [a long list of places, including mines, people, films, TV shows, music, and organizations such as Esperanza International, a non-profit organization that develops Dominican Republican communities through microfinancing, Esperanza Peace and Justice Center, a non-profit community-based arts & cultural organization that advocates for social justice, Esperanza Unida, Inc., a non-profit organization that provides job training and placement to unemployed minority workers in Milwaukee, Wisconsin, United States

Third Choice Name:

Campesino/a Park

1. Summary Statement
In the United Farm Worker (UFW) movement, Campesino signifies a profound relationship to
the land, and often a familial way of life. It centers the park on recognition of farm workers who powered the movement. Organizers used the
word to foster a collective identity among
farmworkers who cultivate the land, often highlighting their struggles for dignity, fair wages, and land rights, rather than just their economic status. El Teatro Campesino (The Farmworkers'
Theater) used
this term to empower striking workers through performances that illustrated their struggle against exploitation. Rather than using "peasant," the UFW used Campesino to dignify the agricultural laborer. It celebrated a deep, spiritual, and communal relationship with the land.

Campesino may underscore awareness of farm workers who are currently facing mass deportations and threats, with workplace protections being rolled back and efforts to reduce their hard-won hourly benefits. Between 1/3 and 1/2 of all farmworkers in America reside in California, or roughly 500,000 - 800,000 farmworkers.

Approximately 1/3 are women, and they
range in age from their teens to their 60s. In addition, 400,000 children work in U.S. fields.

However, since “Campesino” is the masculine form of the word, the alternative “Campesina” to honor women is a viable alternative. Women farmworkers (Campesinas) are often systematically subjected to sexual slurs, groping, threats, beatings and even rape in the fields.

In California, 80% of farmworker women (campesinas) state that they have experienced sexual harassment. Using “Campesina” brings attention to their struggle.

2. Results from the Committee Poll
In the first round of Committee polling, Campesino Park was the first choice of only two of 18 respondents; two listed it in second place and two in third, for a total of 6 respondents (33%) who included it in their top three choices.

By the second round, Campesino had dropped considerably in favor, with no committee members listing it as a first or second choice, and only 3 people listing it as a third choice. In fact, another option, “El Pueblo Unido” initially polled slightly higher than Campesino. However, we included Campesino in the top three due to its popularity with the Conservancy. In the Conservancy’s final online poll in late April, when choices they offered to their readers were limited to just three options (Campesino, Sí Se Puede, and Farmworker), and their leadership declared in favor of Campesino when launching the poll, a plurality (55.6%) preferred Campesino, with Sí Se Puede in second place, and Farmworker in third place.

3. Opportunities for Learning and Celebration
For Campesina Park, per se,
a new series of educational materials would need to be
developed unless there are examples of existing curricula specifically related to this version of the name. Part of the benefit would be to move the many women leaders from the background to the foreground of the movement. This particular opportunity could be applied equally to the two other names, Esperanza Park and ¡Si Se Puede! Park, land the distinct leadership and can-do spirit of women.

4. Committee Criteria
A. Celebrates FARMWORKERS
Yes - for example, El Teatro Campesino uses this term to empower striking workers through performances, illustrating their struggle against exploitation.

B. Honors the HISTORY OF LABOR ORGANIZING
Yes - It bridges Mexican and Filipino laborers in a shared struggle against poor working conditions, low pay, and exploitation by growers.

C. Reflects SPANISH-SPEAKING and/or CHICANO/LATINX HERITAGE Yes - a Spanish word
D. Reflects our SHARED VALUES
? - it is the male version of the word in Spanish, and this usage could be more in question today. The word “Campesina” honors women.

E. Promotes UNITY
? - Perhaps people would unite around the intent of honoring farmworkers.

F. Is likely to ENDURE
Yes - as the referral says, “Farmworkers are the backbone of America.” G. Uplifts the COMMUNITY rather than just one individual ? - If the name “Campesino” is used, it refers to a group, but given the male version, the image that comes to mind often doesn’t include women.

H. Resonates with BERKELEY and/or the BAY AREA
Yes - May resonate well if Berkeley chooses to make the case for featuring women farmworkers with “Campesina”. Possibly connect it to the fact that parts of Berkeley were farmland. In a committee member’s West Berkeley backyard (8th Street between Virginia and Cedar), an old plow is still there.

5. Additional Considerations, Caveats and Variations
Given that the word Campesino is the male version of the term, it would have to be written with a slash as “Campesino/a or Campesinx”. Alternatives such as Campesinx or Campesine are not universally accepted and are problematic for signage. “Campesina” Park could serve as an affirmation/ celebration of women farm workers; however, many people might accidentally default to “Campesino,” since it may not resonate with those used to talking about the “Campesino” movement.

6. How is this name being used elsewhere?
● Campesino Park (Santa Ana, CA): This Orange County landmark reverted to its original name to reflect inclusivity for a broader coalition of farmworkers. ● Camino Campesino (Hollister, CA): Following community outreach, the city renamed a prominent avenue to Camino Campesino to honor the enduring agricultural legacy of the region.
● Campesinos Unidos: A prominent resource and community assistance hub based in El Centro, California, serving the migrant and agricultural working populations of the Imperial Valley.

7. Google AI Response to “Is Campesino a Good Name for a Park?” "Campesino" (Spanish for "farmer" or "farmworker") is a powerful and fitting name for a park because it honors the essential, hardworking laborers who cultivate the land. It reflects cultural heritage, grounds the space in community history, and represents values of perseverance, dignity, and connection to the earth. [1, 2, 3, 4, 5] Key Reasons the Name Works:
● Honors Laborers: It pays direct tribute to the agricultural workers whose sweat and labor form the backbone of local and regional economies, particularly in agricultural states like California.
● Cultural Representation: In areas with large Latino and Hispanic populations, it uses an accessible, recognizable term that speaks directly to the local community's heritage and history.
● Connection to the Land: "Campo" (from the Latin for field) signifies a relationship with nature. A name like Campesino reinforces the park's purpose as a green, natural space intended for the community to nurture, enjoy, and find peace

● Promotes Community Gathering: The meaning of "hope" translates directly to the park's purpose: a vibrant, free space that encourages families to celebrate, gather, and recreate together
● Environmental Transformation: It honors the journey of healing or repurposing land. For example, a former landfill in L.A. County was transformed and renamed Esperanza Hills Regional Park.

8. Wikipedia: Campesino
Campesino means 'farmer'
or 'peasant' in Spanish and may refer to:
● a translation of the word "peasant", referring to a Latin American farmer ● Los Campesinos!, an indie pop band from Cardiff, Wales ● Teatro Campesino, a theater group founded by the United Farm Workers ● Valentín González, El Campesino, a military leader during the Spanish Civil War ● Via Campesina, the collaborating body for an international peasant movement ● Bloque Obrero y Campesino, the Workers and Peasants' Bloc in 1930s Barcelona ● Confederación Revolucionaria de Obreros y Campesinos, Mexico ● Confederación Sindical Única de Trabajadores Campesinos de Bolivia, Unique Confederation of Rural
Laborers of Bolivia

Straw Poll Results
Each member was asked to rank their top three names
In the first round, additional write-in votes were also solicited Any park name that received a first, second or third place vote was included in the next round.

POLL NAMES ROUND ONE POLL NAMES ROUND TWO

¡Sí Se Puede! Park ¡Sí Se Puede! Park
Esperanza Park Esperanza Park
Campesino Park Campesino Park

Farmworker Park El Pueblo Unido Park
El Pueblo Unido Park Parque (or Jardín) de los Obreros Movimiento Park Farmworker Park
Huelga Park Farmworker Solidarity Park
¡Viva La Causa! Park Bahia Del Sol (Dorado) Park
¡Hasta La Victoria! Park

¡Viva La Huelga! Park IN POLL, NO VOTES RECEIVED
La Gente Unida Park Movimiento Park
North Waterfront Park Huelga Park
¡Viva La Causa! Park
NEW SUGGESTIONS ¡Hasta La Victoria! Park
Parque (or Jardín) de los Obreros ¡Viva La Huelga! Park Bahia Del Sol (Dorado) La Gente Unida Park
Farmworker Solidarity North Waterfront Park
Parque (or Jardín) de los Olvidados
Parque (or Jardín) de los Braceros

IN POLL, NO VOTES RECEIVED
Águila Negra Park
Burrowing Owl Park
Comunidad Park
Hope Park
JardÍn de los Pájaros Park
Oceanview Park
Park del Movimiento

Commemorative Committee Membership and Constituencies

Name Title, Representative
1 Cydney Chilimidos Mayor Adena Ishii Representative*
2 Beth Gerstein for
Rashi Kesarwani City Council District 1
3 Ruben Hernandez for
Terry Taplin City Council District 2
4 Senator Jesse Arreguin State Senator
5 Ariana Casanova State Senator Arreguin, Representative* 6 Ana Vasudeo BUSD Board Director
7 Natasha Beery BUSD Superintendent Designate
8 Beatriz Leyva-Cutler BUSD Board Emerita, Tribute Site Education Director 9 Ruben Lizardo UCB Representative
10 Sheila Jordan Alameda County Board of Education, Emeritus 11 Lisette Flores Peralta College
12 Lupe Gallegos-Diaz Latinos Unidos Representative
13 Daniela Gonzalez
Mirna Cervantes Multicultural Institute
14 Martin Nicolaus Park Conservancy
15 Santiago Casal Founder/Director, Tribute Site
16 Carlos Hill Coordinator of Site Stewards
17 Vivian White Seasonal Gathering Coordinator
18 Jeff Malmuth Off-Leash-Area (OLA)
19 Martin Borque Ecology Center
20 Alexis Adorador Community Member
21 Todd Kerr Berkeley Times

*Advising, non-voting

Commemorative Renaming Committee

April 16, 2026
1920 7th Street, Berkeley
5-6:30 PM

Name Title/Representative
1 Cydney Chillimidos Mayor Adena Ishii Representative
2 Beth Gerstein for
Rashi Kesarwani
City Council District 1
3 Ruben Hernandez for
Terry Taplin
City Council District 2
4 Ana Vasudeo BUSD Board Director
5 Natasha Beery BUSD Superintendent Appointee
6 Ariana Casanova State Senator Arreguin, Representative 7 Senator Jesse Arreguin State Senator
8 Martin Borque Ecology Center
9 Ruben Lizardo UCB Representative
10 Mirna Cervantes
Daniela Gonzalez
Multicultural Institute
11 Alexis Adorador Community Member
12 Beatriz Leyva-Cutler Tribute Site Education Director 13 Carlos Hill Coordinator of Site Stewards
14 Lupe Gallegos-Diaz Latinos Unidos Representative
15 Martin Nicolaus Park Conservancy
16 Sheila Jordan Alameda County Board of Education, Emeritus 17 Santiago Casal Founder/Director, Tribute Site
18 Todd Kerr Berkeley Times
19 Vivian White Seasonal Gathering Coordinator
20 Lisette Flores Peralta College
21 Jeff M Off Leash Area (OLA) Community

Commemorative Renaming Committee

April 16, 2026
1920 7th Street, Berkeley
5-6:30 PM

Name Title/Representative
1 Cydney Chillimidos Mayor Adena Ishii Representative
2 Beth Gerstein for
Rashi Kesarwani
City Council District 1
3 Ruben Hernandez for
Terry Taplin
City Council District 2
4 Ana Vasudeo BUSD Board Director
5 Natasha Beery BUSD Superintendent Appointee
6 Ariana Casanova State Senator Arreguin, Representative 7 Senator Jesse Arreguin State Senator
8 Martin Borque Ecology Center
9 Ruben Lizardo UCB Representative
10 Mirna Cervantes
Daniela Gonzalez
Multicultural Institute
11 Alexis Adorador Community Member
12 Beatriz Leyva-Cutler Tribute Site Education Director 13 Carlos Hill Coordinator of Site Stewards
14 Lupe Gallegos-Diaz Latinos Unidos Representative
15 Martin Nicolaus Park Conservancy
16 Sheila Jordan Alameda County Board of Education, Emeritus 17 Santiago Casal Founder/Director, Tribute Site
18 Todd Kerr Berkeley Times
19 Vivian White Seasonal Gathering Coordinator
20 Lisette Flores Peralta College
21 Jeff M Off Leash Area (OLA) Community

Commemorative Renaming Committee
Individual Comments from Straw Polls on Names
May 2026
Sí Se Puede Park
● Sí Se Puede Park captures the essence of the United Farm Worker Movement. "Sí se puede" is a Spanish phrase meaning "Yes, it can be done." Coined by civil rights activist Dolores Huerta, it serves as an empowering rallying cry for labor and immigrant rights and for political change, emphasizing collective action to overcome obstacles. It also gives an uplift to what has become a beautiful park that once suffered from its "former garbage dump status." It is also a beautiful expression of what Berkeley is all about. And will ring through the halls of schools during the CityWide Commemorative Period each year, as our students march to honor the farm worker movement leaders and organizers, particularly Dolores Huerta. ● While I could live with Esperanza Park and maybe Campesina Park (re: honoring the women of the movement), I do not think that they give the park the dramatic boost and direct link to the farmworker movement that the ¡Sí Se Puede! Park name does. It has an elaborate history, is linked directly to Dolores Huerta, is a marching chant known to all, is linked directly to the Tribute Site and one of the four directions (South) and the virtue of Determination, and lends itself easily to much of the existing educational materials that we have used during the Citywide Commemorative Period, and at the Tribute Site. In fact, it can serve as a rallying cry for us to overcome the enormous setback posed by the SHOCKING Chavez revelations. "Yes, we can overcome this!" It also represents an added, consistent boost to a Park that has had to overcome its "former dump" reputation. AND it meets all the park naming criteria. ● It resonates with Berkeley's activist history and with the farmworker movement. "Sí Se Puede" was used to defy and resist authorities who believed farmworkers could not win against growers who, for generations, grew wealth on the backs of farmworkers. "Sí "Se Puede" is used to unite people - Yes We Can! Sí Se Puede Park will give Berkeley a rallying cry for unity, hope, and resilience in the face of this era of hate, war, and divisiveness.
● Si Se Puede connects directly to the Farmworker Movement and honors Dolores Huerta without naming her. It captures the spirit of Berkeley, of positive change, and was adopted by Obama (Yes We Can). We do have to deal with how it is spelled (with an accent on Sí) and with exclamation points, but it is so positive and unifying.
● Sí Se Puede is the iconic saying coined by Dolores Huerta. It is an uplifting, positive message that says that any obstacles can be overcome. The farm workers movement overcame incredible odds to form the first union by and for farm workers. This saying is a testament to the movement's grit, sacrifice, and determination.

● Si se puede is a chant that transcends time. I met Dolores last year, and she informed our group that she was the one who coined this chant, even though the credit was always given to Cesar.

This chant has the opportunity to mean so much more to so many more people. ● Si Se Puede is a slogan associated with a farmworkers' movement, and yet its literal translation is very polite. All in all, it calls for a thoughtful reconsideration of history and suggests a nuanced, positive attitude.
● “Si se puede” … a thought which opens endless possibilities for el Pueblo Unido to achieve its objectives despite all obstacles. Dolores contribution to the labor movement & uplifting humanity itself are encapsulated in that idea
● It's a slogan associated with Dolores Huerta and the farmworkers' movement, and it has a positive "can do" tone that embodies the value of resilience. There's a history lesson or two in this name and a value as well. I prefer a name in Spanish.
● It meets most of the criteria for naming and is a well-known saying from the farm worker movement. It reflects an enduring positive message.
● Concept reflecting possibilities in our struggles as a Pueblo for human dignity, respect, and compassion to emerge triumphant via determination ( esfuerzo ) ● Strong association with the farmworker movement. Can be applied universally by all different kinds of communities. It’s positive and inspiring.
● It aligns with the spirit of Berkeley's activism for social justice and its status as a Sanctuary City. It is also the rallying cry for justice, human rights, and unity. ● Another important chant which lifts up the unity of the farmworkers in their fight for justice. ● The rallying cry of the farmworkers, championed by Dolores Huerta, seems fitting. ● Teaches the legacy of determination from the farmworkers movement ● I really like the positiveness of Si Se Puede and people recognize the saying. ● Encourages optimism in our various struggles.
● Acknowledges that we can make a change.
● Promotes collective agency
● Encompasses all the criteria
● empowerment
● It’s a call to action

Esperanza Park
● Esperanza is one of the values associated with the Farmworkers movement, and it is associated with a forward-looking perspective, which this westward-facing park enjoys. ● I feel that “Ho pe” is an invisible energy in the heart chakra. When the heart opens hope floods into the sanctuary of our being. It is the light of our Creator, Dios, always within us. Hope and Love are brother and sister.
● Esperanza (translation>>hope) is a value associated with the farmworkers' movement, and it's a value that is universal.
● Esperanza: It’s important not to lose hope with everything occurring, which speaks to a collective dream
● “Esperanza” is the root of our faith in seeking truth and justice.Hope becomes action and is the invisible force that fuels lasting victories through time ● Esperanza - really speaks to the Hope for the future and being in a place where we can find joy. ● Hope is something we always need, and it's a cardinal direction of the Tribute Site ● It embeds a value of hope
● Who doesn’t need hope?
Campesino Park
● This centers the park and the recognition of the farm workers who powered the movement. This is especially important at a time when farm workers are facing mass deportations and threats by the administration, and workplace protections are being rolled back. ● Campesino Park is problematic because of the masculine gender. ● Honors the people who stood to lose the most in the movement. ● Lifting up the workers who make sacrifices every day
● Really acknowledges the workers in the fields.
● A way to honor our farmworkers.
● Means “Farmworker”

1 Miller, Roger
From: [email protected] on behalf of LatinosUnidos de Berkeley <[email protected]>
Sent: Monday, May 25, 2026 7:59 PM
To: Berkeley Mayor's Office; Sinai, Julie; All Council; Miller, Roger; Ferris, Scott; [email protected]
Cc:

LatinosUnidos de Berkeley; Beatriz Leyva-Cutler
Subject: Letter of Support
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mayor Ishii and Berkeley City Council members:

On behalf of the Latinos Unidos de Berkeley (LUdB)- a grassroots community group - we are in full support of the relocation of the Korean War monument that is currently located at the Veterans Memorial Building on center street to the James Kenny Park in west Berkeley. This is the right thing to do as these five young men were from west Berkeley.

Latinos Unidos de Berkeley hopes that the city and city council members will find the funds to make this move as a sign of respect to these veteran's and their families.

-Latinos Unidos de Berkeley

-----------------------

To: Mayor Ishii, Berkeley City Council, and Senior Aide Julie Sinai, CC: Scott Ferris, Director of Parks and Recreation
Roger Miller, Staff
Waterfront Commission, c/o John Mann, Waterfront Manager

Today, on Memorial Day, we commemorate U.S. military personnel who made the ultimate sacrifice while serving in the Armed Forces. Specifically, here in Berkeley, we have a monument located in front of the Veterans Building that honors five young West Berkeley soldiers who gave their lives in service to our country. So it is fitting that we reach out to you today, We are writing to formally request that funding be included in the City of Berkeley’s 2027–2028 budget for the relocation of this Korean War monument. Several city staff members have come up with different estimates as to the cost of relocation.

Over the years, this memorial has been neglected, including the placement of portable toilets right in front of the site. Following meetings in January between our community representatives, City officials, and Councilmember Tregub, the portable toilets were moved to the street and sidewalk in front of the Veterans Building.

La Colectiva Latina de Berkeley, which created the Berkeley Historical Society and Museum exhibit on the history of Latinos in Berkeley, discussed this issue with Mayor Ishii during her visit to the exhibit. We agreed that relocating the monument to James Kenney Park would be the most appropriate and respectful long-term solution. This park is part of the community these young men

2 called home, and it would provide a more dignified setting to preserve and honor their memory. We intend to work with all stakeholders to determine the most suitable location within the park.

The West Berkeley community originally funded both the monument's creation and its placement in front of the Mobilized Women of Berkeley center at University Avenue and 10th Street. When that center closed, the community again raised funds to relocate the monument to the Veterans Building.

We now respectfully ask the City to provide the financial and logistical support necessary for a permanent relocation.

We appreciate your consideration and look forward to your support for this issue, which is of deep importance to the Latino community.

Sincerely,
Representatives from the Five Families:

Larry Pozos
David Martínez
Sam Martínez
Yolanda Fernández
Christina Fernández Franco

Representatives of La Colectiva Latina de Berkeley:

Clementina Durón
Harvey Smith
Larry Reyna Sr.

Beatriz Leyva-Cutler

--
Latinos Unidos de Berkeley
[email protected]

Like us on Facebook
Join our Facebook Group

The mission of Latinos Unidos de Berkeley is to improve the quality of life of Latinos who live and work in the City of Berkeley by addressing and advocating for emerging issues.

1 Miller, Roger
From: Alexis Adorador <[email protected]>
Sent: Tuesday, June 2, 2026 11:10 AM
To: Miller, Roger
Subject: Renaming of Cesar Chavez Park
WARNING: This is not a City of Berkeley email. Do not click links or aƩachments unless you trust the sender and know the content is safe.

Dear Mr. Miller,
I am wriƟng to voice my support for the recommendaƟons being made by the commiƩee to rename Cesar Chavez Park.

As a member of that commiƩee, I can aƩest to the thorough and inclusive process that was lead by Beatriz Leyva Cutler, SanƟago Casal and others.

It is my hope that the Commission will recognize the hard work and many hours that have been put into this recommendaƟon so that it can move forward for approval by the city council.

Best wishes,
Alexis Adorador MFT
Community member
1737 Blake st. Berkeley

Sent from my iPhone

1 Miller, Roger
From: Martin Nicolaus (via Google Docs) <[email protected]> Sent: Wednesday, June 3, 2026 4:21 PM
To: Miller, Roger
Cc: Miller, Roger; Miller, Roger
Subject: Park Name Poll backs “Campesino Park”
Attachments: Park Name Poll backs “Campesino Park”.pdf
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Martin Nicolaus attached a document
Martin Nicolaus ( [email protected] ) has attached the following document:

Learn more
Dear Roger,
I would appreciate it if this could be included in the agenda for the June 10 meeting of the Commission.

Thank you.

Martin Nicolaus

Park Name Poll backs “Campesino Park”

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Park Name Poll backs “Campesino Park”

The fourth edition of the Park Name Poll published Apr 17 (and still live) is showing a strong majority for “Campesino Park” as the new name.

This is the first
poll showing a clear majority for a new name. The initial poll, published here March 19, showed an exactly 50 percent vote in favor of “Dolores Huerta Park.” (March 20). A day later, that slipped to 40 percent. (March 21).

Then the news hit that Dolores Huerta did not want her name put on public property. A second poll, posted Mar 26, dropped the Dolores Huerta option. The results, published Mar 31, were a fractured mess. No name had as much as 20 percent of the vote. (The leading name was “Burrowing Owl Park” with 19.5 percent.)
The lack of consensus, the wide scattering of opinions, offered no guidance whatever to the ultimate deciders, the members of City Council.

Then came a breakthrough. On April 14, City Council met and unanimously approved a statement by Mayor Adena Ishii, stating clearly that the new name “will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America.” Immediately, just about the whole slate of options in the earlier polls was wiped clean. There are only three names, so far, that fit the bill that the Mayor has spelled out. It’s Campesino Park, Sí Se Puede Park. or Farmworker Park.

Of these three, Campesino Park is the strong favorite in the current poll, with a 55 percent majority.

No other name, not even “Dolores Huerta” when that was an option, captured as high a response.

This is of course not an official vote. There is a process starting up involving the Commemorative Committee and then going to the Parks Commission which must hold a public hearing and then report to the City Manager who will take it to City Council. This will take long dreary months during which the park has no name and the C***** Park Conservancy has no name either but is compelled to keep using the chavezpark.org website address.
-- chavezpark.org Apr 22 2026
------------------------------------------------------------------------------------------------------------------------------

Portland City Council advances proposal to rename
Cesar E. Chavez Boulevard to Campesinos Boulevard
A five-person committee unanimously approved a proposal to fast-track the renaming process, potentially bypassing the city's requirements for resident approval.

Author: Evan Watson
Published: 4:57 PM PDT May 26, 2026
Updated: 10:34 AM PDT May 27, 2026
PORTLAND, Oregon — A Portland City Council committee unanimously advanced a proposal Tuesday to rename Cesar E. Chavez Boulevard to Campesinos Boulevard, following a New York Times investigation alleging the late labor leader sexually abused women and girls for decades.

The proposal, introduced by Councilor Loretta Smith, would bypass city code that requires the support of 2,500 Portlanders or 75% of residents living on a street before a name change can occur.

The word "campesinos" is a Spanish term for farmworkers, and supporters say the name would honor the Latino community and their fight for labor rights. The full city council will now hold a hearing on the measure….

Marta Guembes, co-chair of Por La Causa Committee, made an emotional appeal at the council meeting in support of the Campesinos name.
"Long after we are gone people will still drive this boulevard, what story will each name tell? We are asking for the name to reflect our community's strength, honesty, and inclusion. Please vote for Campesinos Boulevard, and que vivan los campesinos," she said….

Reyna Lopez, executive director of PCUN, said in a statement that she supports the Campesinos name change as a tribute to migrant farmworkers. "Campesinos Boulevard honors the collective struggle of farmworkers while making clear that accountability and justice must exist inside our movements too," Lopez said. "We do not move forward by protecting legacies at all costs. We move forward by telling the truth and continuing the fight for dignity for all workers."

Date: July 1, 2026
Re: Letter of Support

We, the members of the Citywide Commemorative Committee, are pleased to write in support of the CONSENSUS vote of the Committee for renaming the waterfront park formerly known as Cesar Chavez Park to a new, uplifting name !Sí Se Puede! Park.

Since the heart-breaking New York Times revelations about Cesar Chavez (March 18, 2026) we, long-standing community members, are grateful for the immediate action, proposed by Councilmember Kesarwani, to remove the name, and for the recommendation made on April 14, 2026, by Mayor Ishii and Council members Lunaparra, Humbert and O’Keefe, in which direction was provided to the City Manager and the Parks, Recreation, and Waterfront Commission and Director, “to engage with the Chavez/Huerta Commemoration Period partners and Latino Unidos de Berkeley to bring back to City Council recommendations for how the City of Berkeley may move forward with a name change that will continue to honor the legacy of labor organizing and solidarity for farm workers and recognize farm workers as the backbone of America.”

We proudly report that our 19-member Commemorative Committee, representing multiple stakeholders and constituencies across Berkeley, met several times since the April 14th Consent Calendar item, and also convened with constituencies and conducted a deliberate process that included reviewing the Mayor’s referral, the City’s policy on naming and renaming, and developing criteria to test proposed names before polling representatives and discussing the poll and comments of committee members.

In doing so, we adapted the successful renaming process utilized to rename schools in BUSD as a model. We highly recommend that the City adopt this model for the future naming and renaming of community places, parks, and buildings. We have attached a copy of the report submitted to the PRW Commission, which further details our process and rationale.

We, the Citywide Commemorative Committee, are pleased to present to the Mayor and the Berkeley City Council a strong consensus that we believe will endure and inspire our Berkeley community for generations to come: ¡Sí Se Puede! Park.

Respectfully submitted,

● Santiago Casal, Founder of the Tribute Site & Co-Founder/Former Chair of Latinos Unidos
● Beatriz Leyva-Cutler, BUSD School Board Director, Emerita ● Natasha Beery, BUSD Superintendent’s Designate, Former Dir. of Community Relations
● Matt Meyer, Berkeley Federation of Teachers
● Alexis Adorador MFT- Community Member
● Larry Reyna Sr, Berkeley Latino Historical Exhibit Committee, La Colectiva Latina de Berkeley committee, renaming of Cesar Chavez Park committee, relocating of the Korean War West Berkeley Chicano veterans memorial committee.
● Lupe Gallegos-Diaz, Chair, Latinos Unidos de Berkeley ● Jeff Malmuth, Off-Leash Area Group
● Martin Bourque, Ecology Center
● Ana Vasudeo, BUSD School Board Director
● Vivian White, Solar calendar steward and astronomer
● Mirna Cervantes, Multicultural Institute, Executive Director ● Daniela Gonzalez, Multicultural Institute, Engagement Director

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 27, 2026
To: Honorable Mayor and Members of the City Council
From: Zero Waste Commission
Submitted by: Steven Sherman, Chair, Zero Waste Commission Subject : Adopt Amendments to Ordinances Governing Special Events: block parties; park events; street events

RECOMMENDATION
Adopt first reading of an ordinance amending BMC 6.46 (Park Events) and BMC 13.44 (Block Parties and Street Events).

SUMMARY
Special events have high visibility within the community, and provide ample opportunity during event planning and during the event to educate organizers, vendors, and attendees about zero waste requirements.

Many special event organizers make a good faith effort to aggregate and arrange for the proper processing of compostables and recyclables material, but too many organizers do not. As a result, too much of this material is collected by the City as trash, and often at City expense. The current code sections discussed herein regarding special events are inadequate to advance the City’s zero waste goals. Clearly codified requirements and enforcement mechanisms are needed to ensure that, at special events, single-use packaging and materials are minimized, and diversion of compostable and recyclable materials from the waste stream is maximized.

The Zero Waste Commission reviewed relevant City codes regarding special events, namely BMC 6.46 (Park Events) and BMC 13.44 (Block Parties and Street Events), and is recommending specific amendments to each. Both Codes are attached, with proposed amendments noted in track-changes format.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impact to the City of these amendments will be minimal or none. It is possible that they will yield minimal fiscal savings. As one example, as amended, the special events regulations will require special events organizers to aggregate and arrange for the removal of all compostables, recyclables and trash, relieving the City of the potential cost of handling these materials. Relatedly, special events organizers will be instructed not to burden public refuse containers for their events, thus reducing the need for City staff to provide extra service at City expense after such events.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

At the administrative level, the amendments may slightly increase City staff time for reviewing more detailed permit application requirements and for outreach regarding zero waste responsibilities, including set-up and reporting. The need for additional staff time is minimized, however, by the requirement that a detailed Zero Waste Plan must be included in the application only for events with more than 300 attendees. Moreover, the time before an event when a permit application must be submitted is increased from 5 days to 30 days for events with 300 or fewer attendees, and from 10 to 45 days for events with more than 300 attendees; these adjustments will help staff to stabilize the amount of time spent in any given week on the review of permit applications. Also, it is anticipated that repeat applicants will need less staff outreach over time, as they incorporate a zero waste ethos into their events.

The cost for complying with the amendments primarily will be on event organizers. This approach aligns with a “polluter pays” principle (i.e., those who cause resource depletion and pollution should bear the costs associated with managing and mitigating their effects). Event organizers and their food service vendors could incur some upfront purchasing costs for switching to recyclables, compostables, and reusables, which could be offset over time by lower costs for discharge management, plus they might garner additional public goodwill from modeling eco-conscious zero waste behavior. If an event organizer violates those requirements, the City has authority to withhold the permit deposit paid by the organizer, and impose other penalties, to help offset City staff expenditures incurred from the violations and to serve as an incentive for compliance.

CURRENT SITUATION AND ITS EFFECTS
The special events ordinance is a Strategic Plan Priority Project, advancing our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment. As noted above, special event organizers too often fail to aggregate and arrange for the proper processing of compostables and recyclables material; far too much of this material is collected by the City as trash, and often at City expense. While everyone is expected to do their part to achieve zero waste, special events have a particularly beneficial effect on normalizing zero waste values and behavior. They have high visibility within the community and provide ample opportunity during event planning and during the event to model and gently educate organizers, vendors, and attendees about zero waste requirements and practices.

The final draft of the Special Events Amendments was presented to the Zero Waste Commission on November 20, 2025.

The Commission passed a motion as follows:

Agenda Item 5 - Subcommittee Reports Updates (C&D Report, Special Events Report) It was Moved/Seconded (Commissioner Steven Sherman/ Commissioner Swasti Johri) that the Zero Waste Commission recommend amendments to the special events ordinance by the Berkeley City Council:

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

Aye: Dennis Uyat, Philip Monrad, Barun Singh, Sandra Curtis, Swasti Johri, Steven Sherman, Layla Dargahi, Claire Wilson; Nays: None; Abstentions: None; Absent: None.; Motion carried 8-0-0-0

BACKGROUND
The Zero Waste Commission (ZWC) advises City Council on solid waste policy and goals, including refuse, composting and recycling services, materials reuse and waste reduction, and budgets and other decisions relating to solid waste and materials generation.

The current code sections discussed herein regarding special events are insufficient to advance the City’s zero waste goals. More generally, inadequate provisions for enforcement of zero waste and other environmental goals frequently underscore what the Commission sees as the credibility gap between aspirational environmental statements/resolutions/goals/plans/policies, and broad compliance that comes with enforcement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The recommended zero waste action aligns well with the City’s environmental sustainability and climate change mitigation goals. The result will be a reduction in the use of resource-depleting single-use products and packaging, and an increase in the rate of recycling and composting of such items.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed changes are not anticipated to result in a significant environmental change that would trigger CEQA.

RATIONALE FOR RECOMMENDATION
Special events in the city offer high-visibility opportunities to showcase the commitment of the City, its business and residents to zero waste principles and actions. Current regulations regarding planning, conducting, and cleaning up after special events do not adequately advance the City’s zero waste goals, nor do such regulations have an enforcement component that guides special events planners and their vendors toward constructive zero waste behavior.

ALTERNATIVE ACTIONS CONSIDERED
Except as noted in the next paragraph, the only alternative action that was considered was No Action. This approach was deemed inappropriate and ineffective to address the problem noted above.

Regarding potential administrative improvements that do not rise to the level of codification within municipal code, Zero Waste Division staff suggested to the Commission that a software-based automated workflow process could increase efficiency within the permit review process. One such model is the Accella system (used

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

for processing construction permits), in which all work units have the opportunity to sign off that their requirements have been met. Besides investing in automation software, staff suggested that potential bottlenecks in the permitting process could be alleviated or avoided by allocating additional staff to permitting or by imposing a limit on permitted special events, such as 300 per year.

The Commission did not consider or make a recommendation about these suggestions, as they fall outside the scope of the Commission’s charge to recommend solutions addressing the need to codify requirements and enforcement mechanisms that minimize use of single-use disposables, and maximize diversion of compostable and recyclable material from the waste stream. The Commission wishes, however, to include staff’s suggestions in this Report to the City Council.

CITY MANAGER
The City Manager concurs with and supports Council adoption of the Zero Waste Commission's recommendations to amend Berkeley Municipal Code Chapters 6.46 (Park Events) and 13.44 (Block Parties and Street Events).

The current code sections governing special events are inadequate to advance the City's diversion and zero waste goals. Clearly codified requirements and enforcement mechanisms are needed to ensure that, at special events, single-use packaging and materials are minimized, and diversion of compostable and recyclable materials from the waste stream is maximized. These amendments will strengthen the City's ability to
uphold its diversion, Zero Waste, and Climate Action goals while improving the consistency and accountability of event permitting and event organizers.

The proposed amendments also reinforce the objectives of the City of Berkeley's Single-Use Foodware and Litter Reduction Ordinance (BMC Chapter 11.64) by extending compliance expectations to event organizers.

The amendments are anticipated to have minimal fiscal impact to the City while advancing sustainable event management practices and reducing the need for post- event waste services. The City Manager's Office will direct staff from the Public Works Department, Zero Waste Division, and Parks, Recreation & Waterfront Department to implement the ordinance amendments and update permit materials, outreach tools, and staff guidance accordingly following Council adoption.

CONTACT PERSON
Julia A. Heath, Recycling Program Manager, Public Works Department, (510) 981- 6357

Attachments:

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

1: Berkeley Municipal Code Chapter 6.46 (Park Events), proposed edits in track- change
format
2: Berkeley Municipal Code Chapter 13.44 (Permits for Street Events and Block Parties), proposed edits in track-change format.

Berkeley Municipal Code Chapter 6.46 (Park Events)
Chapter 6.46

PARK EVENTS
Sections:

6.46.010 Applicability--Permit required for park events--Exclusions.

6.46.020 Definitions.

6.46.030 Park event permits--Application--Information required--Timing.

6.46.040 Late applications.

6.46.050 Permits--Standards for issuance or denial--Notification--Regulations.

6.46.060 Appeal procedure following denial or late filing of application.

6.46.070 Park event permit--Content--Restrictions--Limitations.

6.46.080 Cancellation and revocation of permits.

6.46.090 Indemnification--Security deposits.

6.46.100 Insurance--Exemption.

6.46.110 Fees.

6.46.120 Violation--Penalty.

6.46.010 Applicability--Permit required for park events--Exclusions.

A.  This chapter regulates park events as defined herein. No person shall conduct any park event without first obtaining a permit as provided in this chapter.

B.  Issuance of a permit under this chapter does not exempt the permittee from, or constitute compliance with:

1.  any requirements relating to exclusive use facilities under Section 6.36.020;

2.  local, state or federal laws regulating service or consumption of food or alcoholic beverages;

3.  Chapter 13.40 of this code regulating amplified sound;

4.  and any park rules or City ordinances applicable to parks; or

5.  any other applicable local, state or federal law.

Every permit issued under this chapter is expressly conditioned on compliance with all other applicable laws.

C.

1.  No park event may involve the sale, service or consumption of any alcoholic beverage other than beer, wine and champagne. References in this chapter to "alcoholic beverages", "alcohol" or "liquor" include only beer, wine and champagne.

2.  No park event in a park which contains a recreation facility or program, or is adjacent to an elementary, middle or high school may involve the sale, service or consumption of alcoholic beverages at any time when the recreational facility or program or school is operating.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

D.  This chapter does not apply to:

1.  events in indoor facilities;

2.  spontaneous, unorganized assemblies which are neither sponsored, organized, promoted nor advertised by any person or organization, and do not involve amplified sound.

E.  This chapter additionally does not apply to events in Aquatic Park or other parks that are authorized pursuant to any lease to which the City is a party or by a license or permit issued by the City under any other authority, to the extent that its application would be inconsistent with such leases or licenses. However it is the policy of the City that the standards and requirements of this chapter should be used as a guide to any future leases or licenses for property in parks. (Ord. 6579-NS § 2, 2000)

6.46.020 Definitions.

A.  "City Manager" shall mean the City Manager of the City of Berkeley and any designee of the City Manager, except as context dictates otherwise.

B.  "Major park event" means park events which:

1.  involve pyrotechnics or other hazardous activities;

2.  require the closure or partial closure of an arterial or collector street as defined in the City of Berkeley General Plan or the re-routing of public transportation;

3.  involve a planned or likely attendance of more than 150300 persons;

4.  require an amplified sound permit, a temporary food vendor permit or a liquor license; or

5.  for which admission will be charged.

C.  "Park" shall have the meaning set forth in Section 6.42.030.A of this code.

D.  "Park event" means any demonstration, assembly, festival, fair, concert, or any other gathering of 50 or more persons over the age of 12 years at the same time and for the same collective purpose within an area circumscribed by a 500 foot radius, in any park other than Cesar Chavez Park or Civic Center Park. In Cesar Chavez Park, Civic Center Park and any other park or part thereof which is regularly used for organized sporting events, "park event" shall mean any demonstration, assembly, festival, fair, concert, or any other gathering of 100 or more persons over the age of 12 years at the same time and for the same purpose within an area circumscribed by a 500 foot radius. (Ord. 6579-NS § 2, 2000)

6.46.030 Park event permits--Application--Information required--Timing.

A.  Application for a permit for a park event shall be made to the City Manager.

B.  Application for park events shall be made at least five (5) businessthirty (30) days prior to the park event. Applications for major park events shall be made at least ten (10) businessforty-five (45) days prior to the major park event.

C.  The application for such permit shall be made in writing on a form approved by the City Manager. In order that adequate arrangements may be made for the proper policing of the park event the application shall contain the following information, as applicable:

1.  The name, address and telephone number of the applicant(s), including photo identification. If the park event will be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

organization, and of the authorized head of such organization. Where a park event will be conducted for, on behalf of or by an organization, the organization will be considered a co-applicant;

2.  The name, address and telephone number of all persons who are or will be responsible for the promotion and conduct of the park event, including a photo identification of each and effective means by which to reach them during the event, such as cell phone and pager numbers and likely location during the park event;

3.  A description of the park event, including its purpose and the number of people expected to attend;

4.  The date(s) of the park event;

5.  The estimated times that the park event will start and terminate, including assembly and disassembly involving the use of public property;

6.  The number and kind of vehicles, animals, musical instruments, sound units, and any other equipment that produces sound or noise during the park event that will be involved in the park event, and whether amplified sound is proposed. In the event the applicant seeks or needs an amplified sound permit, a temporary food permit, a facility rental or a temporary liquor license, the application for the park event should, but need not, be accompanied by copies of applications for such permits and/or licenses.

7.  A statement whether the park event will occupy all or only a portion of the park;

8.  The number and location of portable sanitation facilities and other equipment and services proposed for participants, if applicable;

9.  A description of arrangements that have been made for first aid or emergency medical services, or both, if applicable;

10.  A description of arrangements that have been made for security, including the name of the security contractor;

11. For events with more than 300 total attendees, applicants must submit a waste reduction, recycling and composting plan (“Zero Waste Plan”). This plan must be submitted to the Zero Waste Division of the Public Works Department and to the permitting agency issuing the permit at least 45 days before the event. The Zero Waste Plan must include the following, and such other components that the City Manager may require:
a. Containers:

I. Zero Waste Stations for Attendees: Plans must include affirmation that reservations have been made for lightweight, collapsible bins (e.g., ClearStream units or similar) that promote source separation;
II. Zero Waste Discard Service for Event: Documented, appropriate use of State of California compliant color-coded bins for zero waste event stations. All recyclables, and only recyclables, are to be placed in the blue recycling bin(s). All compostables, and only compostables, are to be placed in the green organics bin.

Trash, and only trash, is to be placed in the black trash bin. Include brief description of services and proper handling for removal of recyclables, compostables and trash; b. Education: Adequate and appropriate signage regarding proper use of the bins related to the event;

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

c. Event Greener: If an event greener is used, event greener’s name, organization, email, phone number;
d. Recyclable, Compostable or Reusable Foodware: Affirmation that all food vendors will be informed that all foodware must be recyclable, certified compostable, or reusable, in accordance with City and State requirements; e. Plastic Waste Reduction: Affirmation that all food and beverage vendors will be informed that plastic stirrers, plastic toothpicks, plastic straws, and other plastic- based beverage accessories are prohibited;
f. Waste Reduction: Affirmation that all food vendors will be encouraged to dispense food condiments in bulk containers;
g. Hydration Stations: Description of type and number of water bottle refilling dispensers for attendees;
h. Use of Reusables: Affirmation that all food and beverage vendors will be encouraged to use reusable food and beverage containers, and/or that attendees will be encouraged to bring their own reusable food and beverage containers; i. Edible Food Rescue: Acknowledgement that if the event has over 2,000 attendees, State law (per CA Senate Bill 1383, also known as the Short-Lived Climate Pollutants Reduction Act of 2016) requires events to donate surplus edible food. If applicable, indicate which organization the applicant will work with to rescue the event’s surplus edible food;
j. Non-Foodware Supplies: Affirmation that non-reusable, non-recyclable and/or non-compostable supplies, such as ballons and other decorations, table coverings, signage and party favors, shall not be used to the extent feasible. Include brief description of such items and their usage, along with description of efforts to minimize such usage.

12. For park events with 300 or fewer total attendees, event organizers must comply with the requirements outlined in the previous subsection, Chapter 646.030(C)(11), but need not submit a Zero Waste Plan described above in their permit application.

13.  Insurance and surety bond information, if applicable; and

12.  A fully refundable cleaning deposit in the amount set by resolution of the City Council; and
134.  Such other information, in conformity with the requirements of this chapter, as the City Manager may reasonably require. (Ord. 6579-NS § 2, 2000)

6.46.040 Late applications.

A.  Any application received after the deadlines established in Section 6.46.030 is a late application. The City Manager shall not accept late applications unless they find that:

1.  the proposed park event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; or

2.  the imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

B.  When the City Manager finds both of the above conditions to exist, they shall accept the application and process it in accordance with this chapter, unless it does not meet

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

the criteria set forth in Section 6.46.030 or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date. (Ord. 6579-NS § 2, 2000)

6.46.050 Permits--Standards for issuance or denial--Notification-- Regulations.

A.  The City Manager shall issue a permit for a park event unless one or more of the following conditions exist:

1.  The application is incomplete for failure to provide the information required by Section 6.46.030.

2.  The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit.

3.  A prior application for an event to be held at the same time and place has been granted.

4.  The park event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial or collector street of the City.

5.  The park event will unreasonably interfere with fire or police protection, or public safety, including presenting a substantial or unwarranted traffic or safety hazard.

6.  The park event would involve a number of people exceeding the capacity of the park for which it is proposed or would involve amplified sound contrary to regulations promulgated by the City Manager for that park.

7.  The security arrangements that have been made are inadequate or the contractor that will be providing security is not qualified.

8.  One or more of the applicants or persons whose name is shown on the application was also named on an application for a park event in Berkeley that resulted in a violation of this chapter as described in Section 6.46.120.B within the prior twelve (12) months or was responsible for an event in a park in any other jurisdiction that resulted in comparable problems prohibited by local law in that jurisdiction within the last twelve (12) months.

B.  The applicant shall be notified in writing of the action of the City Manager in granting or denying the permit at least one day prior to the date of the proposed event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

1.  If the permit is denied, the written notice briefly shall set forth reasons explaining the denial.

2.  If the permit is denied pursuant to the criteria set forth in this chapter, because the proposed time or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times and sites.

C.  The City Manager may issue regulations detailing the limitations for each park that implement this section, including regulations addressing park capacity, the permissibility and duration of amplified sound and requirements for the maintenance of accessibility during park events. (Ord. 6579-NS § 2, 2000)

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

6.46.060 Appeal procedure following denial or late filing of application.

Any decision by a designee of the City Manager to deny a permit under this chapter or to reject a late application may be appealed to the City Manager by letter within five (5) working days. The City Manager shall render a written decision on the appeal within one (1) working day thereafter, but in no event later than the time of the proposed event. If the initial decision was by the City Manager, it shall be final. (Ord. 6579-NS § 2, 2000)

6.46.070 Park event permit--Content--Restrictions--Limitations.

A.  A park event permit shall contain the information given in the application and may impose reasonable time, place, and manner restrictions to ensure that the park event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The restrictions shall be in conformity with the requirements of this chapter and shall provide only for such modification of the proposed park event as is necessary to achieve compliance with this chapter. Such restrictions may include, but are not limited to, requiring the applicant to:

1.  Maintain a twelve foot wide emergency access lane at all times;

2.  Provide first aid stations and teams within the closed-off area to provide emergency medical aid to participants;

3.  Provide portable sanitation facilities and other equipment and services;

4.  Provide barricades to close off streets or other areas;

5.  Provide sufficient signs and directional arrows to divert traffic and arrange for A.C. Transit and other public transit detours, subject to the approval of the City Traffic Engineer;

6.  Provide monitors for crowd control and security at the rate of one unarmed security person per twenty-five (25) attendees and establish liaison with the police department concerning security. Security shall only be required for major park events;

7.  Distribute flyers throughout the surrounding areas in advance of the park event, notifying the affected residents and business people of any street closure associated with the park event;

8. Provide well-marked receptacles for recyclable, compostable and trash materials as prescribed in the Zero Waste Plan prescribed in Chapter 6.46.030(C)(11), and monitor their use to ensure that materials are placed in the proper receptacles, and not placed in the City’s public refuse containers. For events with more than 300 total attendees, this Zero Waste Plan must be included in the event permit application and permit. Organizers of all park events, regardless of the number of attendees, must comply with the components required for an adequate Zero Waste Plan as specified in Chapter 6.46.030(C)(11);

89.  Clean all debris and litter from the park, street and sidewalk area and remove and properly handle recycling/composting/trash within four hours after the conclusion of the event;
910.  If an amplified sound permit is granted, provide and utilize a sound level meter to monitor compliance with Chapter 13.40 of the Berkeley Municipal Code;

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

110.  If alcoholic beverages are to be sold at the event, obtain the appropriate license from the State Department of Alcoholic Beverage Control, follow responsible beverage service practices and provide security adequate to maintain order, as determined by the Chief of Police.
121.  Include in all advertisements about the event a notice that parking in the area of the event is limited, encouraging attendees to take public transit, and notifying them of relevant public transit information.

13. The City Manager may require event organizers or contracted event greeners to submit documentation confirming that materials in the recycling/composting/trash receptacles have been properly handled, included but not limited to submitting sworn statements describing how these materials were handled, and/or submitting weight tickets and/or photo documentation verifying service levels. Organizers and/or greeners must confirm the amount of material generated by the event, and how much was sent to which transfer station or landfill, recycling facility and/or composting facility. For events with over 2,000 attendees, organizers shall provide documentation to the City per stipulations contained in Senate Bill 1383 (2016).

14. Failure to comply with these requirements may result in penalties provided in Chapter 6.46.120(F).

B.  Applicants shall carry the permit during the park event and shall show it, upon demand, to any City employee.

C.  The City Manager may require as a condition of a permit that park events involving over 100 persons may be monitored by City staff, provided that this condition is not imposed on the basis of any communicative characteristic of the proposed park event.

D.  Parks in which park events occur shall remain open to the public during the park event, to the extent consistent with the park’s capacity and to the maximum extent feasible given the nature of the park event. No park shall be closed to the public during a park event absent express permission to do so in a permit issued under this chapter.

E.  All park events shall end no later than 10:00 p.m.

F.  Permittees shall ensure that accessibility for persons with disabilities is not impaired by the park event. (Ord. 6579-NS § 2, 2000)

6.46.080 Cancellation and revocation of permits.

A.  The City Manager may revoke a permit at any time, if they determine that as a result of inclement weather conduct of a park event would unreasonably damage the park for which it is proposed.

B.  The City Manager may revoke a permit at any time, if they determine that any provision of this chapter or any condition of the permit has not been met or is being violated, or if a person responsible for the promotion or conduct of the park event was not shown on the application. The applicant may appeal any revocation as provided in Section 13.45.060. (Ord. 6579-NS § 2, 2000)

6.46.090 Indemnification--Security deposits.

A.  The permit holder shall indemnify and hold harmless the City of Berkeley, its officers, agents, employees and volunteers, from any and all claims, causes of action,

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

penalties, losses, expenses (including reasonable attorneys’ fees) and any other liability for injuries or damage to persons or property resulting from the event which were caused by the omissions or authorized acts of the permittee’s officers, agents or employees.

B.  If City property is destroyed or damaged by reason of a park event, the permittee shall reimburse the City for the cost of those repairs deemed necessary by the City. The City may retain the security deposit as full or partial reimbursement for any such damage. (Ord. 6579-NS § 2, 2000)

6.46.100 Insurance--Exemption.

A.  For major park events, other than those which are major park events solely because of the number of attendees, the permittee must obtain insurance in the amount of one million dollars ($1,000,000) for the duration of the major park event, which names the City of Berkeley, its officers, agents, employees and volunteers as additional insured.

For all other park events, the City Manager may require insurance in an amount appropriate to the event. The amount of insurance required shall not be based on the existence or content of any expression involved in the event, or on the expected reactions of observers.

B.  No permit applicant shall be required to comply with the insurance requirement of this section if the proposed park event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed event from occurring.

C.  If insurance is required pursuant to this section, a certificate of insurance shall be provided to the City and must be approved as to form and sufficiency by the City no later than two days before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance, the City Manager may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost. (Ord. 6579-NS § 2, 2000)

6.46.110 Fees and Deposits.

A.  The City Council may establish by resolution the fees that shall be charged for permits issued under this chapter. Said fees may include the cost of monitoring events pursuant to Section 6.46.070.C.

B.  If a permittee is unable to hold or conduct an event because of inclement weather or due to some other cause not within the permittee’s control, and the permittee submits written request for the refund of such fees to the City Manager’s office within ten (10) days after the date that the event was to have been held or conducted, the City Manager may authorize the refund of any fees that are not necessary to reimburse the City’s expenses of preparation for the park event, except for non-refundable application fees, if any.

C.  Any indigent person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee, shall not be required to pay the fee.

Applications for indigent status shall be made upon application for the permit and shall be accompanied by such relevant information and documentation as is reasonably necessary to verify indigence. For purposes of this section, an indigent person is one

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

who is eligible for county relief pursuant to Sections 17000 et seq. of the Welfare and Institutions Code. (Ord. 6579-NS § 2, 2000)
D. The City Manager may impose a conditionally refundable deposit for permits issued under this Chapter, and may condition refunding of deposits on event organizer’s compliance with the requirements of the permit, as provided in Chapter 6.46.120(F).

6.46.120 Violation--Penalty.

A.  Violation of this chapter is a misdemeanor punishable as set forth in Chapter 1.20 of this code, but may be charged, in the discretion of the prosecutor, as an infraction.

B.  In addition to any other remedy, the City Manager or Director of Parks & Waterfront may impose an administrative penalty of up to $10,000 on any person, whether or not they have obtained a permit under this ordinance:

1.  who conducts a park event in such a manner that it results in a disturbance of any kind that requires the assignment of six Berkeley Police Department patrol officers after 11:00 a.m. and before 2:00 a.m., or three Berkeley Police Department patrol officers at any other time, to quell such disturbance.

2.  makes any material misrepresentation or omission on their application which bears on security, management or crowd control in such a manner as to contribute to a disturbance described in paragraph B.1. of this section; or

3.  violates any condition of their permit which bears on security, management or crowd control in such a manner as to contribute to a disturbance described in paragraph B.1. of this section.

C.  No penalty may be imposed under this section without affording the person or persons on which the penalty is to be imposed reasonable notice and an opportunity to be heard by the City Manager or their designee.

D.  1.  Any penalty imposed under this section may be appealed to the City Council within 10 days of the date written notice of that penalty is mailed to or otherwise provided to the person who is the subject of the penalty. An appeal must be in writing and must state all of the reasons for the appeal. Failure to appeal the City Manager’s decision to impose a penalty shall be deemed consent to the penalty and a waiver of all rights to challenge it.

2.  The appeal shall be placed on the Council agenda at the earliest feasible date.

The Council may affirm or reverse the City Manager’s decision on the basis of the written record before it, or may set the matter for hearing. If the Council takes no action within 30 days after the appeal first appears on its agenda, the City Manager’s decision shall be deemed affirmed.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

E.  No penalty may be imposed under this section based on the behavior of persons not attending the event or based on the reactions of observers or bystanders to any communicative aspect of the event. (Ord. 6579-NS § 2, 2000) F. Notwithstanding the preceding subsections of this section, the City Manager may impose administrative penalties for violations of permit requirements, including but not limited to: (i) forfeiture of all or a portion of a permit deposit; (ii) imposition of additional requirements for subsequent permits (such as mandating a third-party greener contractor to perform recycling/composting/trash collection services); (iii) denial of subsequent permits for repeated violations. The City Manager or his/her designee may impose a penalty in his/her discretion, based on the severity and/or frequency of the violation or size of the event. An event organizer may appeal to the City Manager a penalty imposed by a designee of the City Manager. The City Manager shall act upon said appeal promptly. The City Manager’s decision shall be final.

2. Berkeley Municipal Code Chapter 13.44 (Block Parties and Street Events) Chapter 13.44
PERMITS FOR STREET EVENTS AND BLOCK PARTIES*
Sections:

13.44.010 Applicability.

13.44.020 Definitions.

13.44.030 Block parties--Standards for issuance of permit--City Manager authorized to issue regulations.

13.44.040 Street event permits--Application--Information required--Timing-- Issuance.

13.44.050 Late applications.

13.44.060 Permits--Standards for issuance or denial--Notification.

13.44.070 Appeals.

13.44.080 Street event permit--Content and possession--Rules and regulations.

13.44.090 Revocation of permit--Addition of conditions.

13.44.100 Indemnification.

13.44.110 Insurance--Exemption.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

13.44.120 Fees.

13.44.130 Violation--Penalty.

13.44.140 Removal.

13.44.150 City Manager authority.
* For vehicles and traffic generally, see Title 14 of this code. 1 13.44.010 Applicability.

A.  No person shall conduct, cause to be conducted, participate in, engage in, hold, manage, employ, permit or allow another to conduct an event which requires street closure or other traffic control measures on any public street, sidewalk or alley within the City, without first obtaining a permit from the City Manager or their designated representative.

B.  This Chapter does not apply to park events regulated by Chapter 6.46 or filming regulated by Chapter 9.78. (Ord. 7062-NS § 1 (part), 2008: Ord. 6647-NS § 2, 2001) 1 13.44.020 Definitions.

A.  "Block party" means a gathering, sponsored solely by owners, residents or tenants of properties fronting a street, which causes a closure of the entire street, or a portion thereof, to vehicular traffic and use of the street for the gathering.

B.  "Certified Farmers’ Market" means a market operated in accordance with regulations established by the California Department of Food and Agriculture, Sections 47000-47026, and California Code Title III, Division 3, Chapter 1, Subchapter 4, Article

6.5, Direct Marketing; and those sections of the Health and Safety Code applicable to Certified Farmers’ Markets.

C.  "City Manager" shall mean the City Manager of the City of Berkeley and any designee of the City Manager, except as context dictates otherwise.

D.  "Downtown Berkeley BART Plaza" means the portion of the public right-of-way on the western portion of Shattuck Avenue between Center Street and Allston Way, bounded on its north by the sidewalk curb face on the south side of Center Street, on its east by the sidewalk curb face on the west side of Shattuck Avenue, on its south by the sidewalk curb face on the north side of Allston Way, and on its west by the eastern edge of the parcels fronting the west side of Shattuck Avenue.

E.  "High impact event" means an event (1) occupying all or a portion of a major street, collector or scenic route street, or (2) occupying more than two adjacent blocks of a local street, where a detour, including a temporary detour during only part of the event,

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

is required, and/or (3) where AC Transit, UCB or LBNL buses would need to be re- routed.

F.  "Local streets" means those streets defined in the circulation element of the Berkeley General Plan as local streets.

G.  "Low impact event" means an event occupying all or a portion of not more than two adjacent blocks of a local street (other than a major, collector or scenic route street) where a formalized detour is not required, and where AC Transit, University of California-Berkeley (UCB) or Lawrence Berkeley National Laboratory (LBNL) buses would not have to be re-routed.

H.  "Street event" includes any march, demonstration, assembly, parade, festival, street fair, concert or any other gathering which takes place in the public street or right-of-way, and which is likely to impede, obstruct, or interfere with the normal flow of vehicular or pedestrian traffic. "Street event" does not include "block party". ( Ord. 7594-NS § 2, 2018: Ord. 7062-NS § 2 (part), 2008: Ord. 6871-NS § 1 (part), 2005: Ord. 6647-NS § 2, 2001)
1 13.44.030 Block parties--Standards for issuance of permit--City Manager authorized to issue regulations.

A.  Local streets not exceeding one City block or one intersection may be temporarily closed for block parties provided that the following requirements are met:

1.  At least two-thirds of the area abutting the street or intersection to be closed is residentially zoned and the purpose of the block party is consistent with residential zoning regulations;

2.  A valid permit has been obtained from the City Manager;

3.  The applicant agrees to indemnify and hold harmless the City of Berkeley, its officers, agents and employees, from any and all claims, damages, or suits that may arise or in any way be occasioned by the willful or negligent acts or omissions of the applicant or the applicant’s agents; and

4.  The applicant agrees to clean all debris and litter from the street and sidewalk within four hours after the event. The applicant shall either: (i) provide sufficient and well-marked receptables for collecting trash, recyclable and compostable materials, and arrange for the proper handling of such material after the event, or (ii) ensure that such materials are removed by attendees. The City’s public litter containers shall not be used during the event or during clean-up. If the applicant violates the clean up requirement, the City may choose to undertake the clean up and bill the applicant for the cost of the clean up.

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B.  The City Manager is authorized to issue administrative guidelines to further the purposes of this section, as well as to establish a non-refundable permit application fee. (Ord. 7062-NS § 3 (part), 2008: Ord. 6647-NS § 2, 2001) 1 13.44.040 Street event permits--Application--Information required--Timing-- Issuance.

A.  Application for a permit for a street event shall be made to the City Manager, or to their designee.

B.  Application for (1) high impact events, (2) street events that involve the use of pyrotechnics, (3) Certified Farmers’ Markets, or (4) street events that involve the use of the Downtown Berkeley BART Plaza shall be made at least 3045 business days prior to the street event.

C.  Applications for all other street events shall be made at least 1030 business days prior to the street event.

D.  The application for such permit shall be made in writing on a form approved by the City Manager. In order that adequate arrangements may be made for the proper policing of the street event, including the security of participants, and to ensure that the event is conducted in a lawful manner, the application shall contain the following information, as applicable:

1.  The name, address and telephone number of the applicant, including photo identification. If the street event will be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization shall also be supplied.

Where a street event will be conducted for, on behalf of or by an organization, the organization will be considered a co-applicant;

2.  The name, address and telephone number of all persons who are or will be responsible for the conduct of the street event, including a photo identification of each and effective means by which to reach them during the event, such as cell phone and pager numbers and likely location during the street event;

3.  A description of the street event, including its purpose. These requirements are intended to allow the City to anticipate and provide for additional police and other services, if necessary, to protect the safety of participants and bystanders;

4.  The date(s) of the street event;

5.  The estimated times that the street event will start and terminate, including assembly and disassembly involving the use of public property;

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6.  The route of the street event, if applicable, the maximum length of any parade and whether the street event will occupy all or only a portion of the streets proposed to be traveled, if applicable;

7.  The locations, if any, of the assembly area and dispersal areas of any street event;

8.  If the dispersal area of a street event is located in another city, the location of such dispersal area, and if the required permit has not been issued by such other city, an alternate route and alternate dispersal area in the City of Berkeley;

9.  As far as is reasonably practicable, the approximate number of persons; the number and kind of vehicles, animals, musical instruments, sound units, and any other equipment that produces sound or noise during the street event that will be involved in the street event, and whether amplified sound is proposed. In the event the applicant seeks or needs an amplified sound permit, a temporary food permit or a temporary liquor license, the application for the street event should be accompanied by copies of applications for such permits and/or licenses;

10.  The number and location of portable sanitation facilities and other equipment and services necessary to conduct the street event and other equipment and services proposed for participants, if applicable, with due regard for participant and public health and safety;

11.  A description of arrangements that have been made for first aid or emergency medical services, or both, if applicable;

12.  A description of arrangements that have been made for security, including the name and telephone number of the lead contact person for the security contractor;

13. For events with more than 300 total attendees, applicants must submit a waste reduction, recycling and composting plan (“Zero Waste Plan”). This plan must be submitted to the Zero Waste Division of the Public Works Department and to the permitting agency issuing the permit at least 45 days before the event. The Zero Waste Plan must include the following, and such other components that the City Manager may require:
a. Containers:

I. Zero Waste Statioons for Attendees: Plans must include affirmation that reservations have been made for lightweight, collapsible bins (e.g., ClearStream units or similar) that promote source separation;
II. Zero Waste Discard Service for Event: Documented, appropriate use of State of California compliant color-coded bins for zero waste event stations. All recyclables, and only recyclables, are to be placed in the blue recycling bin(s). All

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

compostables, and only compostables, are to be placed in the green organics bin.

All trash, and only trash, is to be placed in the black trash bin. Include brief description of services and proper handling for removal of recyclables, compostables and trash;
b. Education: Adequate and appropriate signage regarding proper use of the bins related to the event;
c. Event Greener: If an event greener is used, event greener’s name, organization, email, phone number;
d. Recyclable, Compostable or Reusable Foodware: Affirmation that all food vendors will be informed that all foodware must be recyclable, certified compostable, or reusable, in accordance with City and State requirements; e. Plastic Waste Reduction: Affirmation that all food and beverage vendors will be informed that plastic stirrers, plastic toothpicks, plastic straws, and other plastic- based beverage accessories are prohibited;
f. Waste Reduction: Affirmation that all food vendors will be encouraged to dispense food condiments in bulk containers;
g. Hydration Stations: Description of type and number of water bottle refilling dispensers for attendees;
h. Use of Reusables: Affirmation that all food and beverage vendors will be encouraged to use reusable food and beverage containers, and/or that attendees will be encouraged to bring their own reusable food and beverage containers; i. Edible Food Rescue: Acknowledgement that if the event has over 2,000 attendees, State law (per CA Senate Bill 1383, also known as the Short-Lived Climate Pollutants Reduction Act of 2016) requires events to donate surplus edible food. If applicable, indicate which organization the applicant will work with to rescue the event’s surplus edible food;
j. Non-Foodware Supplies: Affirmation that non-reusable, non-recyclable and/or non-compostable supplies, such as ballons and other decorations, table coverings, signage and party favors, shall not be used to the extent feasible. Include brief description of such items and their usage, along with description of efforts to minimize such usage.

14. For street events with 300 or fewer total attendees, event organizers must comply with the requirements outlined in the previous subsection, Chapter

13.44.040(D)(13), but need not submit a Zero Waste Plan described above in their permit application.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

1415  Any proposed reasonable rules and regulations necessary for the safe and orderly conduct of the street event and the movement of persons, in furtherance of the goals and purposes of the street event. Such proposed rules may include, but are not limited to, prohibition or other regulation of the use of skates and wheeled vehicles, other than wheelchairs, if necessary for the safety or orderly circulation of persons attending the street event. For purposes of this subdivision, "wheeled vehicles" includes, but is not limited to, bicycles, tricycles, scooters, skateboards or any motorized vehicles of any sort. For purposes of this subdivision, "skates" includes roller skates, roller blades and in-line skates; 1516  Insurance information, if applicable; and
1617  Such other information, in conformity with the requirements of this Chapter, as the City Manager may reasonably require. (Ord. 7594-NS § 3, 2018: Ord. 7062- NS § 4 (part), 2008: Ord. 6871-NS § 2 (part), 2005: Ord. 6647-NS § 2, 2001) 1 13.44.050 Late applications.

A.  Any application received after the deadlines established in Section 13.44.040 is a late application. The City Manager shall accept a late application if they find that:

1.  The proposed street event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and

2.  The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

B.  When the City Manager finds both of the above conditions to exist, they shall accept the application and process it in accordance with this chapter, unless it does not meet the criteria set forth in Section 13.44.040 or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date. (Ord. 6647-NS § 2, 2001)
1 13.44.060 Permits--Standards for issuance or denial--Notification.

A.  The City Manager shall issue a permit for a street event unless one or more of the following conditions exist:

1.  The application is incomplete for failure to provide the information required by Section 13.44.040;

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

2.  The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the street event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit;

3.  A prior application for a street event to be held at the same time and place has been received or granted;

4.  The street event will unduly interfere with pedestrian access or with vehicular ingress to, egress from, or travel on a freeway, state designated highway, public transit stop, or major arterial or collector street of the City;

5.  The street event will unreasonably interfere with fire or police protection; or

6.  The event applicant, whether an individual or an organization, has substantially failed to comply with the terms and/or conditions of prior events, of any type, permitted by the City, as set forth in Subsection 13.44.130 (Violation—Penalty) below.

B.  The applicant shall be notified in writing of the action of the City Manager with respect to the application as early as possible, but no less than two days prior to the date of the proposed event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

C.  If a permit is denied, the written notice shall set forth reasons explaining the denial.

D.  If a permit is denied pursuant to the criteria set forth in this chapter, because the proposed time, route, or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times, routes and sites. (Ord. 7594-NS § 4, 2018: Ord. 7439-NS § 1, 2015: Ord. 7062-NS § 5 (part), 2008: Ord. 6647-NS § 2, 2001)
1 13.44.070 Appeals.

An applicant may appeal the denial of an application made pursuant to this chapter by a designee of the City Manager to the City Manager. The City Manager shall act upon said appeal promptly. The City Manager’s decision shall be final. (Ord. 6647-NS § 2, 2001)
1 13.44.080 Street event permit--Content and possession--Rules and regulations.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

A.  A street event permit shall contain the information given in the application and shall impose reasonable time, place, and manner conditions such that the street event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The conditions imposed shall be in conformity with the requirements of this chapter and shall provide only for such modification of the application’s proposed street event as is necessary to achieve compliance with this chapter. Such conditions may include, but are not limited to the following:

1.  Maintain a 20-foot wide emergency access lane at all times.

2.  Provide first aid stations and teams within the closed-off area to provide emergency medical aid to participants.

3.  Provide barricades of the specified type to close off the involved areas or streets.

4.  Provide sufficient signs and directional arrows as specified by the City to divert traffic and arrange for AC Transit and other public transit detours, subject to the approval of the traffic engineer.

5.  Provide monitors for crowd control and security and establish liaison with the police department concerning the role of the monitors.

6.  Distribute flyers throughout the surrounding areas in advance of the event, notifying the affected residents and business people of the street closure.

7. Provide well-marked receptables for recyclable, compostable and trash materials as described in the Zero Waste Plan prescribed in Chapter

13.44.040(D)(13), and monitor their use to ensure that materials are placed in the proper receptacles, and not placed in City refuse containers. For events with more than 300 total attendees, this Zero Waste Plan must be included in the event permit application and permit. Organizers of all events, regardless of the number of attendees, must comply with the components required for an adequate Zero Waste Plan as specified in Chapter 13.44.040(D)(13).

8.  Clean all debris and litter from the street and sidewalk area and remove and properly handle recycling/composting/trash receptacles within four hours after the conclusion of the event.

9.  Obey all applicable local, state and federal laws, including but not limited to the requirement for a sound permit under Chapter

13.40 of the Berkeley Municipal
Code. However, notwithstanding anything to the contrary in Chapter 13.40, a permit issued under this Chapter may extend the hours for a sound amplification permit issued under Chapter 13.40 at a street event (a) for more than four hours, and (b) until 10:00 p.m.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

10.  If alcohol is to be served at the event, responsible beverage service practices shall be followed, and the applicant shall provide security adequate to maintain order, as determined by the Chief of Police.

11. The City Manager may require event organizers or contracted event greeners to submit documentation confirming that materials in the recycling/composting/trash receptacles have been properly handled, included but not limited to submitting sworn statements describing how these materials were handled, and/or submitting weight tickets and/or photo documentation verifying service levels. Organizers and/or greeners must confirm the amount of material generated by the event, and how much was sent to which transfer station or landfill, recycling facility and/or composting facility. For events with over 2,000 attendees, organizers shall provide documentation to the City per stipulations contained in SB1383 (2016).

12. Failure to comply with these requirements may result in penalties provided in Chapter 13.44.130.

B.  City staff will assist applicants in meeting the conditions imposed by this section.

C.  Applicants shall carry the permit during the street event and shall show it, upon demand, to any City employee.

D.  Applicants may not limit the free distribution of literature at the street event by members of the public who have no formal or direct relationship with the applicant with respect to the presentation of the street event. (Ord. 7062-NS § 6 (part), 2008: Ord. 6871-NS § 3 (part), 2005: Ord. 6647-NS § 2, 2001)
1 13.44.090 Revocation of permit--Addition of conditions.

A.  The City Manager shall have the authority to revoke a permit, in conformity with the criteria articulated in this Chapter, if they determine that any condition of the permit has not been met or is being violated. A decision by the City Manager or their designee to revoke a permit is final.

B.  The City Manager may add conditions to a permit for a recurring Street Event if it is necessary or appropriate to do so in order to ensure compliance with subdivision

13.44.060.A. (Ord. 7439-NS § 2, 2015: Ord. 7062-NS § 7 (part), 2008: Ord. 6647-NS § 2, 2001)
1 13.44.100 Indemnification.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

A.  The permit holder shall indemnify and hold harmless the City of Berkeley, its officers, agents and employees, from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys’ fees) and any other liability for injuries or damage to persons or property which were caused by the willful or negligent acts or omissions of the permittee or the permittee’s officers, agents or employees.

B.  If City property is destroyed or damaged by reasons of permittee’s use, event or activity, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed property.

C.  Any damage or injury caused solely by the reaction to the permitted expressive activities is excluded from the indemnity and reimbursement provisions in this Section. (Ord. 7062-NS § 8 (part), 2008: Ord. 6647-NS § 2, 2001) 1 13.44.110 Insurance--Exemption.

A.  If a street event involves one of the following conditions, the permittee must obtain insurance in the amount of one million dollars for the duration of the event, which names the City of Berkeley, its officers, agents and employees as additional insured:

1.  Closure of a major arterial or collector City street, as defined in the City of Berkeley General Plan;

2.  An anticipated crowd in excess of one thousand people;

3.  A street closure anticipated to have a major effect on the flow of traffic in the area; i.e., closure of two or more intersections and rerouting of AC Transit or other public transportation; or

4.  Use of any part of the Downtown Berkeley BART Plaza.

B.  No permit applicant shall be required to comply with the insurance requirement of this section if the activity proposed is protected by the First Amendment to the United States Constitution and the applicant produces satisfactory evidence that complying with the insurance provision would preclude the proposed street event from occurring.

C.  The amount of insurance required shall not be based on the existence or content of any expression involved in the event, or on the expected reactions of observers.

D.  If insurance is required pursuant to this section, a certificate of insurance shall be provided to the City and must be approved as to form and sufficiency by the City no later than 5 days before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance, the City Manager may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost. (Ord. 7594-NS § 5, 2018: Ord. 7062-NS § 9 (part), 2008: Ord. 6647-NS § 2, 2001)

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

1 13.44.120 Fees and Deposits.

A.  The City Council may establish by resolution the fees that shall be charged for permits issued under this chapter.

B.  If a permittee is unable to hold or conduct a street event because of inclement weather or due to some other cause not within the permittee’s control, and the permittee submits written request for the refund of such fees to the City Manager’s office within ten days after the date that the event was to have been held or conducted, the City Manager may authorize the refund of the fees, or a pro rata portion thereof, except for non-refundable application fees, if any.

C.  Any indigent person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee.

Applications for indigent status shall be made upon application for the permit and shall be accompanied by such relevant information and documentation as is reasonably necessary to verify indigence. For purposes of this section, an indigent person is one who is eligible for county relief pursuant to Sections 17000 et seq. of the Welfare and Institutions Code. (Ord. 6647-NS § 2, 2001)
D. The City Manager may impose a conditionally refundable deposit for permits issued under this Chapter, and may condition refunding of deposits on event organizer’s compliance with the requirements of the permit, as provided in Chapter 13.44.130.

13.44.130 Violation--Penalty.

A. An intentional violation of this Chapter is a misdemeanor punishable as set forth in Chapter 1.20 of this code, but may be charged, in the discretion of the prosecutor, as an infraction. For purposes of this section, violation of a street event rule is not a violation of this Chapter. (Ord. 7062-NS § 10 (part), 2008: Ord. 6647-NS § 2, 2001) B. The City Manager may impose administrative penalties for violations of permit requirements, including but not limited to: (i) forfeiture of all or a portion of a permit deposit; (ii) imposition of additional requirements for subsequent permits (such as mandating a third-party greener contractor to perform recycling/composting/trash collection services; (iii) denial of subsequent permits for repeated violations. The City Manager or his/her designee may impose a penalty in his/her discretion, based on the severity and/or frequency of the violation or size of the event. An event organizer may appeal to the City Manager a penalty imposed by a designee of the City Manager. The City Manager shall act upon said appeal promptly. The City Manager’s decision shall be final.

Adopt Amendments to Ordinances Governing Special Events CONSENT CALENDAR October 27, 2026

1 13.44.140 Removal.

Any person who refuses to comply with a street event rule proposed and approved under Section 13.44.040.D.13 may be removed from the street event. (Ord. 6647-NS § 2, 2001)
1 13.44.150 City Manager authority.

The City Manager may adopt regulations for the implementation and administration of this Chapter. (Ord. 7439-NS § 3, 2015)

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 27, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Companion Report: Adopt Amendments to Ordinances Governing Special Events: block parties; park events; street events

RECOMMENDATIONS
Adopt first reading of two ordinances, as referred to Council by the Zero Waste Commission’s report titled, “Adopt Amendments to Ordinances Governing Special Events: block parties; park events; street events,” specifically amending Berkeley Municipal Code (BMC):
 Chapter 6.46 (Park Events); and,
 Chapter 13.44 (Street Events and Block Parties)

SUMMARY
The Public Works Department supports amending the Berkeley Municipal Code as proposed by the Zero Waste Commission. The amendments will bring the City’s event requirements in line with State mandated requirements and codify existing department processes. They are expected to reduce City costs. The amendments will also strengthen Berkeley’s commitment to protecting public health and the environment through waste reduction, cost recovery and enforcement options to address non- compliance. These changes are expected to increase landfill diversion, which is in line with the City’s zero waste and climate action goals and state mandates.

FISCAL IMPACTS OF RECOMMENDATION
There will be no additional staff costs associated with the adoption of the proposed ordinance as staff already review the zero waste plans for permitted special events and work with event organizers to offer sorting and collection resources.

CURRENT SITUATION AND ITS EFFECTS
Public Works staff are in favor of adopting the Zero Waste Commission’s proposed ordinance updates because the new language will codify SB-1383 requirements as well as the workflow that staff have already implemented. Adopting the proposed amendments to codify this will protect the City from liability related to non-compliance with state requirements, and it will create a reference for staff to send to event organizers so they can review post-event reporting and other requirements.

Companion Report: Adopt Amendments to Ordinances Governing CONSENT CALENDAR Special Events: block parties; park events; street events October 27, 2026 2 When the Zero Waste Commission Secretary reported on progress addressing implementing zero waste processes and procedures related to zero waste requirements in special events permitting, the Zero Waste Commission voted to move a referral to Council on November 20, 2025, requesting that Council adopt updated ordinance language that would codify the informal process staff had built to address compliance with state mandated zero waste events requirements.

November 20, 2025 Zero Waste Commission Meeting
Subcommittee Reports Updates (C&D Report, Special Events Report) Action Taken: M/S/C (Sherman/Johri) to move Special Events Amendments to Council.

Aye: Dennis Uyat, Philip Monrad, Barun Singh, Sandra Curtis, Swasti Johri, Steven Sherman, Layla Dargahi, Claire Wilson; Nays: none; Abstentions: none;

Absent: none
Motion carried 8-0-0-0
Public Works staff have already implemented the Zero Waste Commission’s proposed ordinance language. When an event organizer submits an application for a special event, they are referred to appropriate contacts in departments across the City for approval. Public Works staff check that event organizers have submitted the required Zero Waste Events plan as posted on the Special Events Permits webpage (see attachments).

Once the Zero Waste Events Plan has been approved, Event Organizers work with Public Works staff to schedule ClearStream reservations and schedule and pay for short term dumpsters that include state mandated subscription services to landfill, recycling and organics collection facilities. Staff also offer sample vendor agreements that event organizers can use to inform mobile food vendors of requirements in municipal code Chapter 11.64 Single Use Foodware and Litter Reduction. Staff also include information about state mandates under the California Senate Bill 1383 on Short-Lived Climate Pollutants to donate any edible food that the Environmental Health Division deems safe for human consumption. This reduces the occurrence of methane causing organic materials in landfills.

After the event, Public Works staff monitor the level of contamination in dumpsters for all material types and monitor the fullness of each dumpster in order to ensure that the event organizer is purchasing the correct service levels for each material type. Staff also provide feedback to event organizers when they can clearly observe that vendors are using disposable foodware that is out of compliance with BMC 11.64 or where other types of excess contamination has occurred.

Companion Report: Adopt Amendments to Ordinances Governing CONSENT CALENDAR Special Events: block parties; park events; street events October 27, 2026 3 In order to determine the cost of non-compliance to the City, staff will:
 Document when dumpsters are damaged and calculate the cost;  Document lost or damaged equipment (Clearstreams and locks) and calculate the costs;
 Document when event organizers rent a recycling dumpster but fills it with trash and calculates the costs; and,
 Document when event organizers leave litter, illegal dumping, or use City litter containers to dispose of event waste and calculate the costs.

SB-1383 requires large event organizers to provide a post-event report that City staff use to inform SB-1383 required annual reporting that covers the total tonnage of materials that were diverted from landfills by special event organizers. Staff often do not receive post event surveys, so extra staff time is required to collect the mandated annual reporting data for special events. The largest challenge the new language will address is ensuring staff have sufficient time to work with event organizers to: offer technical assistance; support vendor education; and ensure event organizers’ short- term dumpster rentals have been vetted for meeting Public Works inventory levels. The latter includes event organizers having appropriate and accessible delivery and collection locations; proper reservations; payment in advance of the event; and providing staff with sufficient time to ensure that the Public Works delivery and collection staff are informed about event details.

These proposed amendments to the Berkeley Municipal Code regarding block parties, park events, street events, and other special events advances the Strategic Plan goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
California laws SB 1383 and AB 2176 require event organizers of "large events" to implement comprehensive waste reduction, recycling, and organic waste collection programs, as well as recover excess edible food for human consumption.

AB 2176, passed in 2004, focuses on solid waste reduction and recycling strategies and requires event organizers to:
 Develop a Waste Reduction Plan: Create and implement a plan detailing waste prevention and recycling strategies.

Companion Report: Adopt Amendments to Ordinances Governing CONSENT CALENDAR Special Events: block parties; park events; street events October 27, 2026 4  Provide Recycling Services: Arrange for recycling collection services throughout the venue.
 Report Data: Provide specific information to the local jurisdiction upon request, including the event's name, location, a description of the waste generated, and the types/weights of materials recycled versus disposed.  Meet with Haulers: Consult with solid waste and recycling service providers to select appropriate diversion programs.

SB 1383 builds on existing laws by targeting the reduction of short-lived climate pollutants, specifically methane from organic waste in landfills. It mandates the following for large events and venues:
 Provide Organics Collection: Ensure convenient and clearly labeled organics (compost) collection, in addition to recycling and landfill bins. All three types of bins must be grouped together and clearly labeled with proper signage.  Recover Edible Food: Mandate that all excess edible food generated at the event be recovered for human consumption, rather than being landfilled or composted.
 Establish Agreements & Keep Records: Maintain written agreements or contracts with food recovery services or organizations detailing the types and pounds of food donated monthly.
 Ensure Vendor Compliance: If the operator does not provide food services directly but allows vendors on site (like food trucks), they must require those vendors to comply with the organics diversion and food recovery requirements.  Promote Reusables/Compostables: Encourage vendors to use reusable or locally compostable foodware and use bulk condiments instead of single-use packets.

Berkeley Municipal Code (BMC) Chapter 11.64, "Single Use Foodware and Litter Reduction," applies to all "Prepared Food Vendors" in the city, which includes temporary event vendors and food trucks and mandates:
 No On-Premise Disposables: If customers dine at a mobile food vendor (e.g., at provided tables), all food and beverages must be served in reusable (durable/washable) foodware and with reusable utensils.

Companion Report: Adopt Amendments to Ordinances Governing CONSENT CALENDAR Special Events: block parties; park events; street events October 27, 2026 5  Compostable Takeout Items: All disposable foodware used for takeout must be Biodegradable Products Institute (BPI)-certified compostable and accepted by the City of Berkeley's municipal compost program.
 Accessory Items Upon Request Only: Disposable accessory items (straws, napkins, lids, condiment packets, etc.) must only be provided when a customer specifically requests them or via a self-serve station.  Cup Charge: A mandatory $0.25 charge must be applied to every disposable beverage cup provided. This charge must be itemized separately on the receipt and clearly displayed on menus/signage. Customers using WIC or EBT cards are exempt from this charge.
 Customer Reusables Allowed: Vendors must allow customers to bring their own clean, reusable cups and foodware for service, as long as they comply with California State Health Code standards (vendors can refuse unsanitary items).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Increasing compliance with SB-1383, AB-2176 and BMC 11.64 requirements will result in an increase of diversion from landfills, which is in line with the City’s zero waste and climate action goals.

RATIONALE FOR RECOMMENDATION
Public Works staff already work closely with event organizers to ensure they are reducing waste and subscribing to required collection services at their special events.

Adopting the Zero Waste Commission’s proposed amendments to Chapters 6.46 and

13.44 of the Berkeley Municipal codifies what is requested of special event organizers, aligns the City’s municipal code with State mandated requirements and offers the City a cost recovery and enforcement option to address incidents of non-compliance.

Implementing enforcement options is expected to result in increased compliance. This should directly increase landfill diversion, which is in line with the City’s zero waste and climate action goals and state mandates.

The largest existing challenge the new language will address is ensuring staff have ample time to work with event organizers and ensure their short-term dumpster rentals have been vetted for meeting Public Works’ requirements for inventory; appropriate and accessible delivery and collection locations; proper reservations; payment in advance of the event; sufficient staff time to ensure the delivery and collection staff are well- informed about the details of the event.

ALTERNATIVE ACTIONS CONSIDERED
Alternatives include not adopting the proposed ordinance, which could expose the City to liability related to CalRecycle enforcement action under SB-1383 and reduce opportunities for the City to meet its ambitious zero waste goals.

Companion Report: Adopt Amendments to Ordinances Governing CONSENT CALENDAR Special Events: block parties; park events; street events October 27, 2026 6 CONTACT PERSON
Leticia Jauregui, Division Manager, Public Works Department, 510-981-6362 Julia A. Heath, Recycling Program Manager, Public Works Department, 510-981-6357 Attachments:

1. Ordinance amending Berkeley Municipal Code Chapter 6.46

2. Ordinance amending Berkeley Municipal Code Chapter 13.44

3. Sample Vendor Agreement

4. Zero Waste Events Requirements

5. Collection Services

6. Zero Waste Events Checklist

7. Clearstream Reservation Form

ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 6.46 – PARK EVENTS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 6.46 is amended to read as follows:

Chapter 6.46

PARK EVENTS
Sections:

6.46.010 Applicability--Permit required for park events--Exclusions.

6.46.020 Definitions.

6.46.030 Park event permits--Application--Information required--Timing.

6.46.040 Late applications.

6.46.050 Permits--Standards for issuance or denial--Notification--Regulations.

6.46.060 Appeal procedure following denial or late filing of application.

6.46.070 Park event permit--Content--Restrictions--Limitations.

6.46.080 Cancellation and revocation of permits.

6.46.090 Indemnification--Security deposits.

6.46.100 Insurance--Exemption.

6.46.110 Fees.

6.46.120 Violation--Penalty.

6.46.010 Applicability--Permit required for park events--Exclusions.

A.  This chapter regulates park events as defined herein. No person shall conduct any park event without first obtaining a permit as provided in this chapter.

B.  Issuance of a permit under this chapter does not exempt the permittee from, or constitute compliance with:

1.  any requirements relating to exclusive use facilities under Section 6.36.020;

2.  local, state or federal laws regulating service or consumption of food or alcoholic beverages;

3.  Chapter 13.40 of this code regulating amplified sound;

4.  and any park rules or City ordinances applicable to parks; or

5.  any other applicable local, state or federal law.

Every permit issued under this chapter is expressly conditioned on compliance with all other applicable laws.

C.

1.  No park event may involve the sale, service or consumption of any alcoholic beverage other than beer, wine and champagne. References in this chapter to "alcoholic beverages", "alcohol" or "liquor" include only beer, wine and champagne.

2.  No park event in a park which contains a recreation facility or program, or is adjacent to an elementary, middle or high school may involve the sale, service or

consumption of alcoholic beverages at any time when the recreational facility or program or school is operating.

D.  This chapter does not apply to:

1.  events in indoor facilities;

2.  spontaneous, unorganized assemblies which are neither sponsored, organized, promoted nor advertised by any person or organization, and do not involve amplified sound.

E.  This chapter additionally does not apply to events in Aquatic Park or other parks that are authorized pursuant to any lease to which the City is a party or by a license or permit issued by the City under any other authority, to the extent that its application would be inconsistent with such leases or licenses. However it is the policy of the City that the standards and requirements of this chapter should be used as a guide to any future leases or licenses for property in parks. (Ord. 6579-NS § 2, 2000)

6.46.020 Definitions.

A.  "City Manager" shall mean the City Manager of the City of Berkeley and any designee of the City Manager, except as context dictates otherwise.

B.  "Major park event" means park events which:

1.  involve pyrotechnics or other hazardous activities;

2.  require the closure or partial closure of an arterial or collector street as defined in the City of Berkeley General Plan or the re-routing of public transportation;

3.  involve a planned or likely attendance of more than 150300 persons;

4.  require an amplified sound permit, a temporary food vendor permit or a liquor license; or

5.  for which admission will be charged.

C.  "Park" shall have the meaning set forth in Section 6.42.030.A of this code.

D.  "Park event" means any demonstration, assembly, festival, fair, concert, or any other gathering of 50 or more persons over the age of 12 years at the same time and for the same collective purpose within an area circumscribed by a 500 foot radius, in any park other than Cesar Chavez Park or Civic Center Park. In Cesar Chavez Park, Civic Center Park and any other park or part thereof which is regularly used for organized sporting events, "park event" shall mean any demonstration, assembly, festival, fair, concert, or any other gathering of 100 or more persons over the age of 12 years at the same time and for the same purpose within an area circumscribed by a 500 foot radius. (Ord. 6579-NS § 2, 2000)

6.46.030 Park event permits--Application--Information required--Timing.

A.  Application for a permit for a park event shall be made to the City Manager.

B.  Application for park events shall be made at least five (5) businessthirty (30)sixty (60) days prior to the park event. Applications for major park events shall be made at least ten (10) businessforty-five (45)ninety (90) days prior to the major park event.

C.  The application for such permit shall be made in writing on a form approved by the City Manager. In order that adequate arrangements may be made for the proper policing of the park event the application shall contain but not be limited to the following information, as applicable:

1.  The name, address and telephone number of the applicant(s), including photo identification. If the park event will be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization. Where a park event will be conducted for, on behalf of or by an organization, the organization will be considered a co-applicant;

2.  The name, address and telephone number of all persons who are or will be responsible for the promotion and conduct of the park event, including a photo identification of each and effective means by which to reach them during the event, such as cell phone and pager numbers and likely location during the park event;

3.  A description of the park event, including its purpose and the number of people expected to attend;

4.  The date(s) of the park event;

5.  The estimated times that the park event will start and terminate, including assembly and disassembly involving the use of public property;

6.  The number and kind of vehicles, animals, musical instruments, sound units, and any other equipment that produces sound or noise during the park event that will be involved in the park event, and whether amplified sound is proposed. In the event the applicant seeks or needs an amplified sound permit, a temporary food permit, a facility rental or a temporary liquor license, the application for the park event should, but need not, be accompanied by copies of applications for such permits and/or licenses.

7.  A detailed event site plan and map, and statement whether the park event will occupy all or only a portion of the park;

8.  The number and location of portable sanitation facilities and other equipment and services proposed for participants, if applicable;

9.  A description of arrangements that have been made for first aid or emergency medical services, or both, if applicable;

10.  A description of arrangements that have been made for security, including the name of the security contractor;

11. For events with more than 300 total attendees, applicants must submit a waste reduction, recycling and composting plan (“Zero Waste Plan”). This plan must be submitted to the Zero Waste Division of the Public Works Department and to the permitting agency issuing the permit at least 45 days before the event. The Zero Waste Plan must include the following, and such other components that the City Manager may require:
a. Containers:

I. Zero Waste Stations for Attendees: Plans must include affirmation that reservations have been made for lightweight, collapsible bins (e.g., ClearStream units or similar) that promote source separation;
II. Zero Waste Discard Service for Event: Documented, appropriate use of State of California compliant color-coded bins for zero waste event stations. All recyclables, and only recyclables, are to be placed in the blue recycling bin(s). All compostables, and only compostables, are to be placed in the green organics bin.

Trash, and only trash, is to be placed in the black trash bin. Include brief description of services and proper handling for removal of recyclables, compostables and trash; b. Education: Adequate and appropriate signage regarding proper use of the bins related to the event;
c. Event Greener: If an event greener is used, event greener’s name, organization, email, phone number;
d. Recyclable, Compostable or Reusable Foodware: Affirmation that all food vendors will be informed that all foodware must be recyclable, certified compostable, or reusable, in accordance with City and State requirements; e. Plastic Waste Reduction: Affirmation that all food and beverage vendors will be informed that plastic stirrers, plastic toothpicks, plastic straws, and other plastic- based beverage accessories are prohibited;
f. Waste Reduction: Affirmation that all food vendors will be encouraged to dispense food condiments in bulk containers;
g. Hydration Stations: Description of type and number of water bottle refilling dispensers for attendees;
h. Use of Reusables: Affirmation that all food and beverage vendors will be encouraged to use reusable food and beverage containers, and/or that attendees will be encouraged to bring their own reusable food and beverage containers; i. Edible Food Rescue: Acknowledgement that if the event has over 2,000 attendees, State law (per CA Senate Bill 1383, also known as the Short-Lived Climate Pollutants Reduction Act of 2016) requires events to donate surplus edible food. If applicable, indicate which organization the applicant will work with to rescue the event’s surplus edible food;
j. Non-Foodware Supplies: Affirmation that non-reusable, non-recyclable and/or non-compostable supplies, such as ballons and other decorations, table coverings, signage and party favors, shall not be used to the extent feasible. Include brief description of such items and their usage, along with description of efforts to minimize such usage.

12. For park events with 300 or fewer total attendees, event organizers must comply with the requirements outlined in the previous subsection, Chapter 646.030(C)(11), but need not submit a Zero Waste Plan described above in their permit application.

13.  Insurance and surety bond information, if applicable; and

12.  A fully refundable cleaning deposit in the amount set by resolution of the City Council; and

14.  Such other information, in conformity with the requirements of this chapter, as the City Manager may reasonably require. (Ord. 6579-NS § 2, 2000)

6.46.040 Late applications.

A.  Any application received after the deadlines established in Section 6.46.030 is a late application. The City Manager shall not accept late applications unless they find that:

1.  the proposed park event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; or

2.  the imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

B.  When the City Manager finds both of the above conditions to exist, they shall accept the application and process it in accordance with this chapter, unless it does not meet the criteria set forth in Section 6.46.030 or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date. (Ord. 6579-NS § 2, 2000)

6.46.050 Permits--Standards for issuance or denial--Notification-- Regulations.

A.  The City Manager shall issue a permit for a park event unless one or more of the following conditions exist:

1.  The application is incomplete for failure to provide the information required by Section 6.46.030.

2.  The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit.

3.  A prior application for an event to be held at the same time and place has been granted.

4.  The park event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial or collector street of the City.

5.  The park event will unreasonably interfere with fire or police protection, or public safety, including presenting a substantial or unwarranted traffic or safety hazard.

6.  The park event would involve a number of people exceeding the capacity of the park for which it is proposed or would involve amplified sound contrary to regulations promulgated by the City Manager for that park.

87.  The security arrangements that have been made are inadequate or the contractor that will be providing security is not qualified.

98.  One or more of the applicants, or persons, entity or organization whose name is shown on the application was also named on an application for a park event in Berkeley that resulted in a violation of this chapter as described in Section

6.46.120.B within the prior twelve (12)twenty-four (24) months or was responsible for an event in a park in any other jurisdiction that resulted in comparable problems prohibited by local law in that jurisdiction within the last twelve twenty-four (24)(12) months.

B.  The applicant shall be notified in writing of the action of the City Manager in granting or denying the permit at least one day prior to the date of the proposed event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

1.  If the permit is denied, the written notice briefly shall set forth reasons explaining the denial.

2.  If the permit is denied pursuant to the criteria set forth in this chapter, because the proposed time or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times and sites.

C.  The City Manager may issue regulations detailing the limitations for each park that implement this section, including regulations addressing park capacity, the permissibility and duration of amplified sound and requirements for the maintenance of accessibility during park events. (Ord. 6579-NS § 2, 2000)

6.46.060 Appeal procedure following denial or late filing of application.

Any decision by a designee of the City Manager to deny a permit under this chapter or to reject a late application may be appealed to the City Manager by letter within five (5) working days. The City Manager shall render a written decision on the appeal within one (1) working day thereafter, but in no event later than the time of the proposed event. If the initial decision was by the City Manager, it shall be final. (Ord. 6579-NS § 2, 2000)

6.46.070 Park event permit--Content--Restrictions--Limitations.

A.  A park event permit shall contain the information given in the application and may impose reasonable time, place, and manner restrictions to ensure that the park event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The restrictions shall be in conformity with the requirements of this chapter and shall provide only for such modification of the proposed park event as is necessary to achieve compliance with this chapter. Such restrictions may include, but are not limited to, requiring the applicant to:

1.  Maintain a twelve foot wide emergency access lane at all times;

2.  Provide first aid stations and teams within the closed-off area to provide emergency medical aid to participants;

3.  Provide portable sanitation facilities and other equipment and services;

4.  Provide barricades to close off streets or other areas;

5.  Provide sufficient signs and directional arrows to divert traffic and arrange for A.C. Transit and other public transit detours, subject to the approval of the City Traffic Engineer;

6.  Provide monitors for crowd control and security at the rate of one unarmed security person per twenty-five (25) attendees and establish liaison with the police department concerning security. Security shall only be required for major park events;

7.  Distribute flyers throughout the surrounding areas in advance of the park event, notifying the affected residents and business people of any street closure associated with the park event;

8. Provide well-marked receptacles for recyclable, compostable and trash materials as prescribed in the Zero Waste Plan prescribed in Chapter 6.46.030(C)(11), and monitor their use to ensure that materials are placed in the proper receptacles, and not placed in the City’s public refuse containers. For events with more than 300 total attendees, this Zero Waste Plan must be included in the event permit application and permit. Organizers of all park events, regardless of the number of attendees, must comply with the components required for an adequate Zero Waste Plan as specified in Chapter 6.46.030(C)(11);

98.  Clean all debris and litter from the park, street and sidewalk area and remove and properly handle recycling/composting/trash within four hours after the conclusion of the event;

10.  If an amplified sound permit is granted, provide and utilize a sound level meter to monitor compliance with Chapter 13.40 of the Berkeley Municipal Code;

11.  If alcoholic beverages are to be sold at the event, obtain the appropriate license from the State Department of Alcoholic Beverage Control, follow responsible beverage service practices and provide security adequate to maintain order, as determined by the Chief of Police.
121.  Include in all advertisements about the event a notice that parking in the area of the event is limited, encouraging attendees to take public transit, and notifying them of relevant public transit information.

13. The City Manager may require event organizers or contracted event greeners to submit documentation confirming that materials in the recycling/composting/trash receptacles have been properly handled, included but not limited to submitting sworn statements describing how these materials were handled, and/or submitting weight tickets and/or photo documentation verifying service levels. Organizers and/or greeners must confirm the amount of material generated by the event, and how much was sent to which transfer station or landfill, recycling facility and/or composting facility. For events with over 2,000 attendees, organizers shall provide documentation to the City per stipulations contained in Senate Bill 1383 (2016).

14. Failure to comply with these requirements may result in penalties provided in Chapter 6.46.120(F).

B.  Applicants shall carry the permit during the park event and shall show it, upon demand, to any City employee.

C.  The City Manager may require as a condition of a permit that park events involving over 100 persons may be monitored by City staff., provided that this condition is not imposed on the basis of any communicative characteristic of the proposed park event.

D.  Parks in which park events occur shall remain open to the public during the park event, to the extent consistent with the park’s capacity and to the maximum extent feasible given the nature of the park event. No park shall be closed to the public during a park event absent express permission to do so in a permit issued under this chapter.

E.  All park events shall end no later than 10:00 p.m.

F.  Permittees shall ensure that accessibility for persons with disabilities is not impaired by the park event. (Ord. 6579-NS § 2, 2000)

6.46.080 Cancellation and revocation of permits.

A.  The City Manager may revoke a permit at any time, if they determine that as a result of inclement weather conduct of a park event would unreasonably damage the park for which it is proposed.

B.  The City Manager may revoke a permit at any time, if they determine that any provision of this chapter or any condition of the permit has not been met or is being

violated, or if a person responsible for the promotion or conduct of the park event was not shown on the application. The applicant may appeal any revocation as provided in Section 13.45.060. (Ord. 6579-NS § 2, 2000)

6.46.090 Indemnification--Security deposits.

A.  The permit holder shall indemnify and hold harmless the City of Berkeley, its officers, agents, employees and volunteers, from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys’ fees) and any other liability for injuries or damage to persons or property resulting from the event which were caused by the omissions or authorized acts of the permittee’s officers, agents or employees.

B.  If City property is destroyed or damaged by reason of a park event, the permittee shall reimburse the City for the cost of those repairs deemed necessary by the City. The City may retain the security deposit as full or partial reimbursement for any such damage. (Ord. 6579-NS § 2, 2000)

6.46.100 Insurance--Exemption.

A.  For major park events , other than those which are major park events solely because of the number of attendees, the permittee must obtain insurance in the amount of one million dollars ($1,000,000) for the duration of the major park event, which names the City of Berkeley, its officers, agents, employees and volunteers as additional insured. For all other park events, the City Manager may will require insurance in an amount appropriate to the event. The amount of insurance required shall not be based on the existence or content of any expression involved in the event, or on the expected reactions of observers.

B.  No permit applicant shall be required to comply with the insurance requirement of this section if the proposed park event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed event from occurring.

C.  If insurance is required pursuant to this section, a certificate of insurance shall be provided to the City and must be approved as to form and sufficiency by the City no later than two days before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance, the City Manager may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost. (Ord. 6579-NS § 2, 2000)

6.46.110 Fees and Deposits.

A.  The City Council may establish by resolution the fees that shall be charged for permits issued under this chapter. Said fees may include the cost of monitoring events pursuant to Section 6.46.070.C.

B.  If a permittee is unable to hold or conduct an event because of inclement weather or due to some other cause not within the permittee’s control, and the permittee submits written request for the refund of such fees to the City Manager’s office within ten (10) days after the date that the event was to have been held or conducted, the City Manager may authorize the refund of any fees that are not necessary to reimburse the

City’s expenses of preparation for the park event, except for non-refundable application fees, if any.

C.  Any indigent person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee, shall not be required to pay the fee.

Applications for indigent status shall be made upon application for the permit and shall be accompanied by such relevant information and documentation as is reasonably necessary to verify indigence. For purposes of this section, an indigent person is one who is eligible for county relief pursuant to Sections 17000 et seq. of the Welfare and Institutions Code. (Ord. 6579-NS § 2, 2000)
D. The City Manager may impose a conditionally refundable deposit for permits issued under this Chapter., and The City Manager may condition refunding of deposits on event organizer’s compliance with the requirements of the permit, as provided in Chapter 6.46.120(F).

6.46.120 Violation--Penalty.

A.  Violation of this chapter is a misdemeanor punishable as set forth in Chapter 1.20 of this code, but may be charged, in the discretion of the prosecutor, as an infraction.

B.  In addition to any other remedy, the City Manager or Director of Parks & Waterfront may impose an administrative penalty of up to $10,000 on any person, whether or not they have obtained a permit under this ordinance:

1.  who conducts a park event in such a manner that it results in a disturbance of any kind that requires the assignment of six Berkeley Police Department patrol officers after 11:00 a.m. and before 2:00 a.m., or three Berkeley Police Department patrol officers at any other time, to quell such disturbance.

2.  makes any material misrepresentation or omission on their application which bears on security, management or crowd control in such a manner as to contribute to a disturbance described in paragraph B.1. of this section; or

3.  violates any condition of their permit which bears on security, management or crowd control in such a manner as to contribute to a disturbance described in paragraph B.1. of this section.

C.  No penalty may be imposed under this section without affording the person or persons on which the penalty is to be imposed reasonable notice and an opportunity to be heard by the City Manager or their designee.

D.  1.  Any penalty imposed under this section may be appealed to the City Council within 10 days of the date written notice of that penalty is mailed to or otherwise provided to the person who is the subject of the penalty. An appeal must be in writing and must state all of the reasons for the appeal. Failure to appeal the City Manager’s

decision to impose a penalty shall be deemed consent to the penalty and a waiver of all rights to challenge it.

2.  The appeal shall be placed on the Council agenda at the earliest feasible date.

The Council may affirm or reverse the City Manager’s decision on the basis of the written record before it, or may set the matter for hearing. If the Council takes no action within 30 days after the appeal first appears on its agenda, the City Manager’s decision shall be deemed affirmed.

E.  No penalty may be imposed under this section based on the behavior of persons not attending the event or based on the reactions of observers or bystanders to any communicative aspect of the event. (Ord. 6579-NS § 2, 2000) F. Notwithstanding the preceding subsections of this section, the City Manager may impose administrative penalties for violations of permit requirements, including but not limited to: (i) forfeiture of all or a portion of a permit deposit; (ii) imposition of additional requirements for subsequent permits (such as mandating a third-party greener contractor to perform recycling/composting/trash collection services); (iii) denial of subsequent permits for repeated violations. The City Manager or his/her designee may impose a penalty in his/her discretion, based on the severity and/or frequency of the violation or size of the event. An event organizer may appeal to the City Manager a penalty imposed by a designee of the City Manager. The City Manager shall act upon said appeal promptly. The City Manager’s decision shall be final.

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

ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 13.44 – PERMITS FOR

STREET EVENTS AND BLOCK PARTIES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 13.44 is amended to read as follows:

Chapter 13.44
PERMITS FOR STREET EVENTS AND BLOCK PARTIES*
Sections:

13.44.010 Applicability.

13.44.020 Definitions.

13.44.030 Block parties--Standards for issuance of permit--City Manager authorized to issue regulations.

13.44.040 Street event permits--Application--Information required--Timing-- Issuance.

13.44.050 Late applications.

13.44.060 Permits--Standards for issuance or denial--Notification.

13.44.070 Appeals.

13.44.080 Street event permit--Content and possession--Rules and regulations.

13.44.090 Revocation of permit--Addition of conditions.

13.44.100 Indemnification.

13.44.110 Insurance--Exemption.

13.44.120 Fees.

13.44.130 Violation--Penalty.

13.44.140 Removal.

13.44.150 City Manager authority.
* For vehicles and traffic generally, see Title 14 of this code. 1 13.44.010 Applicability.

A.  No person shall conduct, cause to be conducted, participate in, engage in, hold, manage, employ, permit or allow another to conduct an event which requires street closure or other traffic control measures on any public street, sidewalk or alley within the City, without first obtaining a permit from the City Manager or their designated representative.

B.  This Chapter does not apply to park events regulated by Chapter 6.46 or filming regulated by Chapter 9.78. (Ord. 7062-NS § 1 (part), 2008: Ord. 6647-NS § 2, 2001)

1 13.44.020 Definitions.

A.  "Block party" means a gathering, sponsored solely by owners, residents or tenants of properties fronting a street, which causes a closure of the entire street, or a portion thereof, to vehicular traffic and use of the street for the gathering.

B.  "Certified Farmers’ Market" means a market operated in accordance with regulations established by the California Department of Food and Agriculture, Sections 47000-47026, and California Code Title III, Division 3, Chapter 1, Subchapter 4, Article

6.5, Direct Marketing; and those sections of the Health and Safety Code applicable to Certified Farmers’ Markets.

C.  "City Manager" shall mean the City Manager of the City of Berkeley and any designee of the City Manager, except as context dictates otherwise.

D.  "Downtown Berkeley BART Plaza" means the portion of the public right-of-way on the western portion of Shattuck Avenue between Center Street and Allston Way, bounded on its north by the sidewalk curb face on the south side of Center Street, on its east by the sidewalk curb face on the west side of Shattuck Avenue, on its south by the sidewalk curb face on the north side of Allston Way, and on its west by the eastern edge of the parcels fronting the west side of Shattuck Avenue.

E.  "High impact event" means an event (1) occupying all or a portion of a major street, collector or scenic route street, or (2) occupying more than two adjacent blocks of a local street, where a detour, including a temporary detour during only part of the event, is required, and/or (3) where AC Transit, UCB or LBNL buses would need to be re- routed.

F.  "Local streets" means those streets defined in the circulation element of the Berkeley General Plan as local streets.

G.  "Low impact event" means an event occupying all or a portion of not more than two adjacent blocks of a local street (other than a major, collector or scenic route street) where a formalized detour is not required, and where AC Transit, University of California-Berkeley (UCB) or Lawrence Berkeley National Laboratory (LBNL) buses would not have to be re-routed.

H.  "Street event" includes any march, demonstration, assembly, parade, festival, street fair, concert or any other gathering which takes place in the public street or right-of-way, and which is likely to impede, obstruct, or interfere with the normal flow of vehicular or pedestrian traffic. "Street event" does not include "block party". ( Ord. 7594-NS § 2, 2018: Ord. 7062-NS § 2 (part), 2008: Ord. 6871-NS § 1 (part), 2005: Ord. 6647-NS § 2, 2001)

1 13.44.030 Block parties--Standards for issuance of permit--City Manager authorized to issue regulations.

A.  Local streets not exceeding one City block or one intersection may be temporarily closed for block parties provided that the following requirements are met:

1.  At least two-thirds of the area abutting the street or intersection to be closed is residentially zoned and the purpose of the block party is consistent with residential zoning regulations;

2.  A valid permit has been obtained from the City Manager;

3.  The applicant agrees to indemnify and hold harmless the City of Berkeley, its officers, agents and employees, from any and all claims, damages, or suits that may arise or in any way be occasioned by the willful or negligent acts or omissions of the applicant or the applicant’s agents; and

4.  The applicant agrees to clean all debris and litter from the street and sidewalk within four hours after the event. The applicant shall either: (i) provide sufficient and well-marked receptables for collecting trash, recyclable and compostable materials, and arrange for the proper handling of such material after the event, or (ii) ensure that such materials are removed by attendees. The City’s public litter containers shall not be used during the event or during clean-up. If the applicant violates the clean up requirement, the City may choose to undertake the clean up and bill the applicant for the cost of the clean up.

B.  The City Manager is authorized to issue administrative guidelines to further the purposes of this section, as well as to establish a non-refundable permit application fee. (Ord. 7062-NS § 3 (part), 2008: Ord. 6647-NS § 2, 2001) 1 13.44.040 Street event permits--Application--Information required--Timing-- Issuance.

A.  Application for a permit for a street event shall be made to the City Manager, or to their designee.

B.  Application for (1) high impact events, (2) street events that involve the use of pyrotechnics, (3) Certified Farmers’ Markets, or (4) street events that involve the use of the Downtown Berkeley BART Plaza shall be made at least 309045 business days prior to the street event.

C.  Applications for all other street events shall be made at least 106030 business days prior to the street event.

D.  The application for such permit shall be made in writing on a form approved by the City Manager. In order that adequate arrangements may be made for the proper policing of the street event, including the security of participants, and to ensure that the event is conducted in a lawful manner, the application shall contain the following information, as applicable:

1.  The name, address and telephone number of the applicant, including photo identification. If the street event will be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization shall also be supplied.

Where a street event will be conducted for, on behalf of or by an organization, the organization will be considered a co-applicant;

2.  The name, address and telephone number of all persons who are or will be responsible for the conduct of the street event, including a photo identification of each and effective means by which to reach them during the event, such as cell phone and pager numbers and likely location during the street event;

3.  A description of the street event, including its purpose. These requirements are intended to allow the City to anticipate and provide for additional police and other services, if necessary, to protect the safety of participants and bystanders;

4.  The date(s) of the street event;

5.  The estimated times that the street event will start and terminate, including assembly and disassembly involving the use of public property;

6.  The route of the street event, if applicable, the maximum length of any parade and whether the street event will occupy all or only a portion of the streets proposed to be traveled, if applicable;

7.  The locations, if any, of the assembly area and dispersal areas of any street event;

8.  If the dispersal area of a street event is located in another city, the location of such dispersal area, and if the required permit has not been issued by such other city, an alternate route and alternate dispersal area in the City of Berkeley;

9.  As far as is reasonably practicable, the approximate number of persons; the number and kind of vehicles, animals, musical instruments, sound units, and any other equipment that produces sound or noise during the street event that will be involved in the street event, and whether amplified sound is proposed. In the event the applicant seeks or needs an amplified sound permit, a temporary food permit or a temporary liquor license, the application for the street event should be accompanied by copies of applications for such permits and/or licenses;

10.  The number and location of portable sanitation facilities and other equipment and services necessary to conduct the street event and other equipment and services proposed for participants, if applicable, with due regard for participant and public health and safety;

11.  A description of arrangements that have been made for first aid or emergency medical services, or both, if applicable;

12.  A description of arrangements that have been made for security, including the name and telephone number of the lead contact person for the security contractor;

13. For events with more than 300 total attendees, applicants must submit a waste reduction, recycling and composting plan (“Zero Waste Plan”). This plan must be submitted to the Zero Waste Division of the Public Works Department and to the permitting agency issuing the permit at least 45 days before the event. The Zero Waste Plan must include the following, and such other components that the City Manager may require:
a. Containers:

I. Zero Waste Stations for Attendees: Plans must include affirmation that reservations have been made for lightweight, collapsible bins (e.g., ClearStream units or similar) that promote source separation;
II. Zero Waste Discard Service for Event: Documented, appropriate use of State of California compliant color-coded bins for zero waste event stations. All recyclables, and only recyclables, are to be placed in the blue recycling bin(s). All compostables, and only compostables, are to be placed in the green organics bin.

All trash, and only trash, is to be placed in the black trash bin. Include brief description of services and proper handling for removal of recyclables, compostables and trash;
b. Education: Adequate and appropriate signage regarding proper use of the bins related to the event;
c. Event Greener: If an event greener is used, event greener’s name, organization, email, phone number;
d. Recyclable, Compostable or Reusable Foodware: Affirmation that all food vendors will be informed that all foodware must be recyclable, certified compostable, or reusable, in accordance with City and State requirements; e. Plastic Waste Reduction: Affirmation that all food and beverage vendors will be informed that plastic stirrers, plastic toothpicks, plastic straws, and other plastic- based beverage accessories are prohibited;

f. Waste Reduction: Affirmation that all food vendors will be encouraged to dispense food condiments in bulk containers;
g. Hydration Stations: Description of type and number of water bottle refilling dispensers for attendees;
h. Use of Reusables: Affirmation that all food and beverage vendors will be encouraged to use reusable food and beverage containers, and/or that attendees will be encouraged to bring their own reusable food and beverage containers; i. Edible Food Rescue: Acknowledgement that if the event has over 2,000 attendees, State law (per CA Senate Bill 1383, also known as the Short-Lived Climate Pollutants Reduction Act of 2016) requires events to donate surplus edible food. If applicable, indicate which organization the applicant will work with to rescue the event’s surplus edible food;
j. Non-Foodware Supplies: Affirmation that non-reusable, non-recyclable and/or non-compostable supplies, such as ballons and other decorations, table coverings, signage and party favors, shall not be used to the extent feasible. Include brief description of such items and their usage, along with description of efforts to minimize such usage.

14. For street events with 300 or fewer total attendees, event organizers must comply with the requirements outlined in the previous subsection, Chapter

13.44.040(D)(13), but need not submit a Zero Waste Plan described above in their permit application.
1415  Any proposed reasonable rules and regulations necessary for the safe and orderly conduct of the street event and the movement of persons, in furtherance of the goals and purposes of the street event. Such proposed rules may include, but are not limited to, prohibition or other regulation of the use of skates and wheeled vehicles, other than wheelchairs, if necessary for the safety or orderly circulation of persons attending the street event. For purposes of this subdivision, "wheeled vehicles" includes, but is not limited to, bicycles, tricycles, scooters, skateboards or any motorized vehicles of any sort. For purposes of this subdivision, "skates" includes roller skates, roller blades and in-line skates; 1516  Insurance information, if applicable; and
1617  Such other information, in conformity with the requirements of this Chapter, as the City Manager may reasonably require. (Ord. 7594-NS § 3, 2018: Ord. 7062- NS § 4 (part), 2008: Ord. 6871-NS § 2 (part), 2005: Ord. 6647-NS § 2, 2001)

1 13.44.050 Late applications.

A.  Any application received after the deadlines established in Section 13.44.040 is a late application. The City Manager shall accept a late application if they find that:

1.  The proposed street event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and

2.  The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

B.  When the City Manager finds both of the above conditions to exist, they shall accept the application and process it in accordance with this chapter, unless it does not meet the criteria set forth in Section 13.44.040 or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date. (Ord. 6647-NS § 2, 2001)
1 13.44.060 Permits--Standards for issuance or denial--Notification.

A.  The City Manager shall issue a permit for a street event unless one or more of the following conditions exist:

1.  The application is incomplete for failure to provide the information required by Section 13.44.040;

2.  The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the street event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit;

3.  A prior application for a street event to be held at the same time and place has been received or granted;

4.  The street event will unduly interfere with pedestrian access or with vehicular ingress to, egress from, or travel on a freeway, state designated highway, public transit stop, or major arterial or collector street of the City;

5.  The street event will unreasonably interfere with fire or police protection; or

6.  The event applicant, whether an individual or an organization, has substantially failed to comply with the terms and/or conditions of prior events, of any type, permitted by the City, as set forth in Subsection 13.44.130 (Violation—Penalty) below.

B.  The applicant shall be notified in writing of the action of the City Manager with respect to the application as early as possible, but no less than two days prior to the date of the proposed event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

C.  If a permit is denied, the written notice shall set forth reasons explaining the denial.

D.  If a permit is denied pursuant to the criteria set forth in this chapter, because the proposed time, route, or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times, routes and sites. (Ord. 7594-NS § 4, 2018: Ord. 7439-NS § 1, 2015: Ord. 7062-NS § 5 (part), 2008: Ord. 6647-NS § 2, 2001)
1 13.44.070 Appeals.

An applicant may appeal the denial of an application made pursuant to this chapter by a designee of the City Manager to the City Manager. The City Manager shall act upon said appeal promptly. The City Manager’s decision shall be final. (Ord. 6647-NS § 2, 2001)
1 13.44.080 Street event permit--Content and possession--Rules and regulations.

A.  A street event permit shall contain the information given in the application and shall impose reasonable time, place, and manner conditions such that the street event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The conditions imposed shall be in conformity with the requirements of this chapter and shall provide only for such modification of the application’s proposed street event as is necessary to achieve compliance with this chapter. Such conditions may include, but are not limited to the following:

1.  Maintain a 20-foot wide emergency access lane at all times.

2.  Provide first aid stations and teams within the closed-off area to provide emergency medical aid to participants.

3.  Provide barricades of the specified type to close off the involved areas or streets.

4.  Provide sufficient signs and directional arrows as specified by the City to divert traffic and arrange for AC Transit and other public transit detours, subject to the approval of the traffic engineer.

5.  Provide monitors for crowd control and security and establish liaison with the police department concerning the role of the monitors.

6.  Distribute flyers throughout the surrounding areas in advance of the event, notifying the affected residents and business people of the street closure.

7. Provide well-marked receptables for recyclable, compostable and trash materials as described in the Zero Waste Plan prescribed in Chapter

13.44.040(D)(13), and monitor their use to ensure that materials are placed in the proper receptacles, and not placed in City refuse containers. For events with more than 300 total attendees, this Zero Waste Plan must be included in the event permit application and permit. Organizers of all events, regardless of the number of attendees, must comply with the components required for an adequate Zero Waste Plan as specified in Chapter 13.44.040(D)(13).

8.  Clean all debris and litter from the street and sidewalk area and remove and properly handle recycling/composting/trash receptacles within four hours after the conclusion of the event.

9.  Obey all applicable local, state and federal laws, including but not limited to the requirement for a sound permit under Chapter 13.40 of the Berkeley Municipal Code. However, notwithstanding anything to the contrary in Chapter 13.40, a permit issued under this Chapter may extend the hours for a sound amplification permit issued under Chapter 13.40 at a street event (a) for more than four hours, and (b) until 10:00 p.m.

10.  If alcohol is to be served at the event, responsible beverage service practices shall be followed, and the applicant shall provide security adequate to maintain order, as determined by the Chief of Police.

11. The City Manager may require event organizers or contracted event greeners to submit documentation confirming that materials in the recycling/composting/trash receptacles have been properly handled, included but not limited to submitting sworn statements describing how these materials were handled, and/or submitting weight tickets and/or photo documentation verifying service levels. Organizers and/or greeners must confirm the amount of material generated by the event, and how much was sent to which transfer station or landfill, recycling facility and/or composting facility. For events with over 2,000 attendees, organizers shall provide documentation to the City per stipulations contained in SB1383 (2016).

12. Failure to comply with these requirements may result in penalties provided in Chapter 13.44.130.

B.  City staff will assist applicants in meeting the conditions imposed by this section.

C.  Applicants shall carry the permit during the street event and shall show it, upon demand, to any City employee.

D.  Applicants may not limit the free distribution of literature at the street event by members of the public who have no formal or direct relationship with the applicant with respect to the presentation of the street event. (Ord. 7062-NS § 6 (part), 2008: Ord. 6871-NS § 3 (part), 2005: Ord. 6647-NS § 2, 2001)
1 13.44.090 Revocation of permit--Addition of conditions.

A.  The City Manager shall have the authority to revoke a permit, in conformity with the criteria articulated in this Chapter, if they determine that any condition of the permit has not been met or is being violated. A decision by the City Manager or their designee to revoke a permit is final.

B.  The City Manager may add conditions to a permit for a recurring Street Event if it is necessary or appropriate to do so in order to ensure compliance with subdivision

13.44.060.A. (Ord. 7439-NS § 2, 2015: Ord. 7062-NS § 7 (part), 2008: Ord. 6647-NS § 2, 2001)
1 13.44.100 Indemnification.

A.  The permit holder shall indemnify and hold harmless the City of Berkeley, its officers, agents and employees, from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys’ fees) and any other liability for injuries or damage to persons or property which were caused by the willful or negligent acts or omissions of the permittee or the permittee’s officers, agents or employees.

B.  If City property is destroyed or damaged by reasons of permittee’s use, event or activity, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed property.

C.  Any damage or injury caused solely by the reaction to the permitted expressive activities is excluded from the indemnity and reimbursement provisions in this Section. (Ord. 7062-NS § 8 (part), 2008: Ord. 6647-NS § 2, 2001) 1 13.44.110 Insurance--Exemption.

A.  If a street event involves one of the following conditions, the permittee must obtain insurance in the amount of two one million dollars for the duration of the event, which names the City of Berkeley, its officers, agents and employees as additional insured: