Berkeley City Council
November 28, 2023

Tuesday, November 28, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, November 28, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1619253897. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 161 925 3897. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

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

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

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

Tuesday, November 28, 2023 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has comm enced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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

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

Consent Calendar

1. 2023 Conflict of Interest Code Update Report
From: City Manager
Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 70,074–N.S.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

2. 2023 Annual Commission Attendance and Meeting Frequency Report From: City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule, accepting the 2023 annual commission attendance and meeting frequency report, and rescinding Resolution No. 69,331-N.S.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

3. Environment and Climate Commission – Appointment of New Youth Members From: City Manager
Recommendation: Adopt a Resolution appointing two youth members to the Environment and Climate Commission recommended by the Berkeley Unified School District Board of Directors.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

4. Contract No. R9704 Amendment: City of Albany for Animal Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend an existing contract number R9704 and any amendments with the City of Albany to provide certain animal care services for which the City of Albany will pay the City of Berkeley $291,019 for services performed from FY2024 through FY2026, for a new not to exceed amount of $945,512.

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

Consent Calendar
Tuesday, November 28, 2023 AGENDA Page 4

5. Contract: Echo Cartagena, DVM to Provide On-site Relief Veterinary Coverage for Berkeley Animal Care Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Echo Cartagena, DVM, for temporary, on-site veterinary services for Berkeley Animal Care Services (BACS) for January 2024 to June 2024, which establishes a contract in an amount not to exceed $60,750.

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

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 28, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $6,880,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. Revenue Grant Agreement: Funding Support from Alameda County to Provide Public Health Nursing Services for Foster Care Children/Youth From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to provide public health nursing services for the Alameda County Foster Care Program, Services to Enhance Early Development (SEED) in the projected total amount of $673,179 for July 1, 2023 to June 30, 2026.

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

8. Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to enter into a lease for 830 University with Berkeley Free Clinic.

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

Consent Calendar
Tuesday, November 28, 2023 AGENDA Page 5

9. Contract No. 32300062 Amendment: Moreland Investigations for Applicant Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300062 with Moreland Investigations, to extend the existing capacity to perform background investigation services and amend the current contract from $50,000 to $200,000 from November 3, 2022, through November 2, 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

10. Contract No. 32200152 Amendment: Cindy K. Hull & Associates Forensic Consulting Services, LLC
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200152 and any necessary future amendments with Cindy K. Hull & Associates Forensic Consulting Services, LLC for the Police Department, increasing the contract amount by $150,000 for a total not to exceed the amount of $200,000 with the contract end date of October 1, 2026.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

Council Consent Items

11. Appoint Tracy Matthews to the Berkeley Housing Authority Board From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Tracy Matthews to serve as a Tenant Commissioner on the Berkeley Housing Authority Board of Commissioners for a two-year term.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

12. Civic Arts Referral for Memorial Wall to Councilmember Dona Spring and Budget Referral for Civic Arts Staffing
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2024/2025 Budget Process $162,000 from the General Fund and allocate one additional FTE for staffing for Civics Arts and refer to the Civic Arts Commission to commission a Memorial Wall to Dona Spring at the Animal Shelter.

Financial Implications: General Fund - $162,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Council Consent Items
Tuesday, November 28, 2023 AGENDA Page 6

13. Accept grant funding of $75,000 from San Francisco Foundation and amend Contract No. 32200161 with Creative Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to receive $75,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support for the Equitable Black Berkeley (EBB) initiative and execute an amendment to Contract No. 32200161 with Creative Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the EBB for a total contact amount not to exceed $200,000 and extending the contract term to September 30, 2024.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14. Designating Open Space Adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border as a Linear City Park Pursuant to BMC

6.42 From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a resolution designating open space adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border (Folger Ave) as linear City park space and formally dedicate this site for permanent recreational use pursuant to Berkeley Municipal Code 6.42.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

15. Healthy Black Families 10th Anniversary Celebration From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution approving the expenditure of funds, including $500 from Vice Mayor Ben Bartlett to the Healthy Black Families 10th Anniversary Celebration event. The funds should be relinquished to the City’s general fund for this purpose from the discretionary council office budget of Vice Mayor Ben Bartlett and any other council members who would like to contribute.

Financial Implications: Councilmember's Discretionary Fund - $500 Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

16. Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: Councilmember Harrison (Author)
Recommendation:

1. Refer to the City Manager to review and develop enhanced and enforceable City deconstruction and materials management regulations, including the following elements: a. Review of national and international best practices for regulating

Council Consent Items
Tuesday, November 28, 2023 AGENDA Page 7
deconstruction, diversion, recycling, and reuse of construction and demolition materials; b. Integrate deconstruction and construction and enhanced demolition debris management, tracking, and regulation into the Department of Public Works’ Zero Waste Strategic Plan and Transfer Station upgrade as appropriate; c. Policy options for (1) enforcing minimum State diversion and recycling requirements, (2) new deconstruction requirements applicable to all permitted Berkeley projects including defining specific building components that are potentially reusable and requiring an enforceable salvage survey provided by the City, a reuse organization, or other third party approved by the City, (3) potentially implementing a social cost of carbon fee on construction and demolition debris, (4) possible enhancements to minimum statewide diversion goals, (5) comprehensive tracking of the disposition of construction and demolition materials, (6) enhancing diversion from un-permitted projects, and (7) integrating salvageable material into developer project planning and budgeting process and permit application plan set (as opposed to at time of final permitting). d. Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.

2. Refer to December 2023 Budget AAO #1 Process $250,000 to conduct a nexus fee study (using the latest academic research, updated damage functions, and low discount rates) for a potential social cost of carbon fee to be applied e.g., to the impact of displacing existing embodied carbon (landfilled construction and demolition debris) and replacement with new embodied carbon. The purpose of the fee is to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

Policy Committee Recommendation: To refer the revised agenda material with a positive recommendation to Council with the following revisions to the recommendation:

1. Section C.3 to read as follows: “potentially implementing a social cost of carbon fee on construction and demolition debris”.

2. Section D to read as follows: “Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; and a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.”
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Action Calendar
Tuesday, November 28, 2023 AGENDA Page 8
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

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

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

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

Action Calendar – New Business

17. Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 From: City Manager
Recommendation: Adopt a Resolution adopting the Five Year Street Rehabilitation Plan for Fiscal Years 2024-2028.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300
Information Reports

18. Healthy Checkout Ordinance Update
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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

Tuesday, November 28, 2023 AGENDA Page 9
permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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

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

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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Tuesday, November 28, 2023 AGENDA Page 10
I hereby certify that the agenda for this m eeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 16, 2023.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communicatio ns are available for viewing at the City Clerk Department and through Records Online.

Item #17: Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028

1. Janice Murota

2. Bob Fabry

3. Bryce Nesbitt

4. Kenny Yip

5. Renate Crocker

6. Michelle Maguire

7. Laura Fujiii

8. Chris Baskett

9. Anne Boersman

10. Kay Englund

11. Susan Taylor

12. Cherie Hearne

13. Dorothea Dorenz

14. Jeanne Allan

15. Ross Bernet

16. Gail Todd

17. Helen Toy

18. Joel and Josie Gerst

19. Marc Jacobs

20. Peter Todd

21. Lisa Friedlander

Adopt Berkeley Municipal Code Chapter 13.89: Community/Tenant Opportunity to Purchase Act

22. Christ Schildt

23. Friends of Adeline

24. Andrea Mullarkey

25. Charlene Woodcock

26. Tram Hoang

Tuesday, November 28, 2023 AGENDA Page 11
Ashby BART Housing

27. John Holme

28. Nat Kane

29. Teresa Clarke

30. Laura Stevens

31. Abbie Turiansky

32. Vincent Casalaina

33. Charles Siegel, on behalf of Walk Bike Berkeley

34. Theo Posselt

35. Mikayla Weissman

36. Sam Wong

37. Susanna Tse

38. Kelly Hammargren (2)

39. Meredith Sadin

40. John Givens

41. Peace Esonwune

42. Lea Murray
Recycling Tennis Balls

43. Adrian McGilly (2)

44. Councilmember Harrison

Peralta Avenue Changes

45. Jeanne Friedman

Berkeley High School Safety Invitation

46. Dan Smuts

Golden Gate Horse Deaths

47. Tweed Conrad

48. Martha

49. Diane Mintz

50. Helen Cameron

51. Cassie King

52. Holly Scheider

53. Summer Brenner

54. Elizabeth Baker

55. Christopher Evans

56. Waltraud Buckland

57. 13 similarly-worded form letters (Deaths)

58. 28 similarly-worded form letters (Protect)

Chess Club

59. Jesse Sheehan, Chess Club Chairman (2)

60. Gerard Markham

Mari Mendonca Recommendation

Tuesday, November 28, 2023 AGENDA Page 12

61. Paul Lee

62. Berkeley Tenants Union

63. Catherine Huchting

Bike Lanes

64. AJ Romano

Safer Streets

65. Julia Moss
Hit & Run of Child

66. Shannon Mitchell

Cannabis Survey

67. Ryan Whitcare

Landlord Issues

68. Jesse Schwartz

Substance Abuse Issue

69. Eddie Bui

Crime

70. Elise Gipe (2)

Construction Tour

71. Michelle Williams, on behalf of Satellite Affordable Housing Associates

Sidewalk Safety

72. Sean McMahon

Budget Referral

73. Ariana Casanova

Rodent Issues at Encampments

74. Marianne Riddle

75. Julie Johnston

Firearms in Parked Vehicles

76. Owen Tran (2)

Climate Emergency

77. Karis Polfer

Healthcare Walkout/Gaza

78. Elizabeth Milos

79. Lanet Lynette

Tuesday, November 28, 2023 AGENDA Page 13

80. Sandra Morey

Holiday Gift Fair

81. Beth Roessner, on behalf of the Berkeley Chamber

Public Works Departure

82. Barbara Gilbert

Complaining Neighbors

83. Harrod Blank

APEC

84. Peter DuMont

Support Israel

85. Dorothea Dorenz (2)

Support Palestine

86. Angelica Laurel

87. 7 similarly-worded form letters

Ceasefire Now

88. 121 similarly-worded form letters

URL’s Only

89. Paul Lee

90. Vivian Warkentin (3)

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

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

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

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

Office of the City Manager

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Revised Conflict of Interest Code

RECOMMENDATION
Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 70,074–N.S.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND EFFECTS
The Political Reform Act requires all cities to adopt and promulgate a Conflict of Interest Code (Code) which specifies designated positions subject to financial disclosure and provides for specific levels of financial disclosure. It also requires amendments to the Code within designated time periods to reflect changed circumstances, including the creation of new positions which must be designated and relevant changes in duties assigned to existing positions (Government Code Sections 87100, et seq.).

The appendices of various departments have been updated to accurately reflect changes in departmental structure, including the inclusion of newly established classifications and the removal of classifications that have been eliminated. The Department Review Forms provide a comprehensive overview of the additional and eliminated job positions (Attachment 2).

The disclosure appendices for the following newly added and merged commissions have been revised to ensure their alignment with current regulations:
 Environment and Climate Commission (reorganization - Energy Commission and CEAC)
 Parks, Recreation and Waterfront Commission (reorganization - Animal Care Commission, Children, Youth, and Recreation Commission, and Parks and Waterfront Commission)
 Homeless Services Panel of Experts (reorganization - Homeless Commission and Homeless Services Panel of Experts)
 Transportation and Infrastructure Commission (reorganization - Transportation Commission and Public Works Commission)
The Joint Subcommittee on the Implementation of State Housing Laws commission has been dissolved.

Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley CONSENT CALENDAR and rescinding Resolution No. 70,074–N.S. November 28, 2023 The adopting resolution has been amended to add language that clarifies and codifies the relationship between the City and the Housing Authority with respect to the noticing, filing, and enforcement of Form 700s filed under the Authority’s conflict code.

Revisions to the Code were made in consultation with the City Attorney’s Office and Department Directors.

BACKGROUND
The City of Berkeley’s first Conflict of Interest Code was adopted on October 1, 1982 by Resolution No. 51,425–N.S. and has been amended as necessary over time to reflect changes in regulations, departmental organizational structure, designated positions within departments, and commissions. A revised Code was last adopted by the City Council on October 26, 2021 by Resolution No. 70,074–N.S.

The Code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to these positions require the disclosure of all investments, business positions, interests in real property and sources of income, which may foreseeably be affected materially by the decisions made by those designated positions. The Code includes all other provisions required by Government Code Section 87302 and incorporates by reference FPPC Regulation 2 Cal. Admin. Code Section 18730.

The City began allowing employees to complete their Statement of Economic Interests (Form 700) filings electronically in 2009 while still requiring that signed hard copies be submitted; fully electronic filing was certified by the State and became mandatory in 2015.

This has resulted in more on-time filings, fewer amendment requests, and a large reduction in staff time and paper usage.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Implementation of electronic filing of Form 700s has saved a substantial amount of paper and vehicle trips to 2180 Milvia Street.

RATIONALE FOR RECOMMENDATION
The City is required by state law to adopt a Conflict of Interest Code. Ongoing revisions are necessary to ensure that the Code accurately reflects the designated positions outlined in each department’s organizational structure.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS

1. Resolution
Exhibit A: Conflict of Interest Code – Department Appendices Exhibit B: Conflict of Interest Code – Commission Appendices Exhibit C: Conflict of Interest Code – Consultant Appendix Exhibit D: Conflict of Interest Code – Retired Annuitant Appendix Exhibit E: Listing of conflict of interest code – department, commission, consultant, and retired annuitant appendices

2. City’s Department Review Forms

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

ADOPTING A REVISED CONFLICT OF INTEREST CODE FOR THE CITY OF BERKELEY AND RESCINDING RESOLUTION NO. 69,152–N.S.

WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, state law as specified in the Political Reform Act (the Act) requires the City Council as the code-reviewing body to direct the review of its conflict of interest code; and WHEREAS, the Act further requires that such direction must occur by July 1 of each even numbered year; and
WHEREAS, the Act additionally requires the submission of a revised conflict of interest code for approval by the code-reviewing body or the notification of said body that no changes are necessary; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal.

Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act; and
WHEREAS, the City of Berkeley may incorporate in its Conflict of Interest Code, by reference, regulation, 2 Cal. Adm. Code Section 18730; and WHEREAS, on October 1, 1982, the City Council of the City of Berkeley adopted Resolution No. 51,425–N.S., Conflict of Interest Code, for the City of Berkeley; and WHEREAS, the Code has been amended over time to incorporate changes in regulations, departmental organizational structure, changes in job classifications, and the addition and deletion of certain boards and commissions; and
WHEREAS, the most recent amendment to the City of Berkeley’s Conflict of Interest Code, as set forth in Resolution No. 69,152–N.S, adopted October 29, 2019, requires minor amendments to reflect the current organizational structure of departments, their designated positions and level of disclosure; and
WHEREAS, the Council has determined that the attached Conflict of Interest Code accurately sets forth the current organizational structure of departments, their designated positions, and the respective categories of financial interests which should be made reportable and those boards and commissions which should be designated and the respective categories of financial interests which should be made reportable by their members; and
WHEREAS, state law allows the City to accept Form 700 electronically and designate the electronic filing as the filing of record, and the City has the ability to accept and process electronic filings.

NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley as follows:

Section 1. That Resolution No. 69,152–N.S. is hereby rescinded.

Section 2. That the City of Berkeley Conflict of Interest Code is hereby adopted, as attached, and includes the following:
(a) With the additions noted below, the terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and made a part of the Conflict of Interest Code of the City of Berkeley except that: (1) the term "investment" shall apply to financial interests in non- profit organizations as well as business entities; (2) the term "interest in real property" includes interests in berths at the Berkeley Marina regardless of when they expire; (3) the terms "non-profit organization" and "business entity" are limited to the jurisdiction in the same manner as the term "investment," i.e., they apply only if the non-profit organization, the business entity, or any parent, subsidiary or otherwise related entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has done business in the jurisdiction at any time during the two years prior to the time any statement or other action is required under this Code. (b) Designated Positions with Reporting Requirements.

Elected officials, legislative assistants, members of boards and commissions appointed by the City Council, consultants and City employees holding designated positions shall be considered designated positions subject to reporting requirements under the Conflict of Interest Code, and shall disclose financial interests as set forth in the appendices listing individual disclosure categories.

Section 3. Filing of Statements
Persons holding designated positions shall file Statements of Economic Interests with the City of Berkeley on Fair Political Practices Commission forms, in conformance with the individual disclosure categories and State guidelines, when requested by the City Clerk.

The City Clerk will retain custody of the statements and make the statements available for public inspection and reproduction. City Employees and Legislative Assistants in designated positions shall file electronic Statements of Economic Interests (e-file). The electronic filing will be the filing of record for City Employees and Legislative Assistants.

City Commissioners may file in paper or file electronic Statements of Economic Interests (e-file). Statements filed electronically by Commissioners will be the filing of record.

Section 4. Late Filings and Failure to File Statements
Any violation of any provision of this Code is subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 et seq. The following additional regulations shall apply to City of Berkeley (a) employees, (b) legislative assistants, (c) members of boards and commissions appointed by the City Council or by an existing City commission, and (d) consultants:

a. City Employees
If a City employee fails to e-file an Assuming Office or Annual Statement of Economic Interests within thirty days after the City Clerk has given specific written notice of non- filing, they shall be suspended without pay until such time as the required disclosure form has been e-filed. The employee’s supervisor shall comply with the provisions of the appropriate Memorandum of Understanding or City of Berkeley Personnel Rules and Regulations in imposing such suspension, in addition, the City Clerk shall impose late filing fees in accordance with Government Code Section 91013 and 91013.5. Prior to resuming active employment with the City of Berkeley, all outstanding statements must be filed and any outstanding fine, payable under Government Code Section 91013, shall be paid. No person shall resume active employment with the City of Berkeley if there are outstanding statements or fines.
b. Legislative Assistants
If a legislative assistant fails to e-file an Assuming or Annual Statement of Economic Interests within thirty days after the City Clerk has given specific written notice of non- filing, the legislative assistant shall be terminated until such time as the required disclosure form has been e-filed, in addition, the City Clerk shall impose late filing fees in accordance with Government Code Sections 91013 and 91013.5. Prior to being reappointed by a Councilmember, all outstanding statements must be filed and any outstanding fine, payable under Government Code Section 91013, shall be paid. No person shall resume employment as a legislative assistant if there are outstanding statements or fines.
c. Members of Boards and Commissions
If a member of any non-elected board or commission specified in the Code fails to file an Assuming Office Statement of Economic Interests within thirty days after their date of appointment, the commissioner’s term shall expire. Similarly, if an Annual Statement of Economic Interests is not filed within thirty days after the City Clerk has given specific written notice of non-filing, the member's term on the commission shall expire. The City Clerk shall notify the commissioner that their term has expired and the appointing councilmember that a vacancy exists on the commission; in addition, the City Clerk shall impose late filing fees in accordance with Government Code Sections 91013 and 91013.5.

If the commissioner has not taken the Oath of Office and not attended any meetings, the commissioner is deemed not to have accepted the appointment and is not subject to filing obligations.

Prior to being reappointed to any commission, all outstanding filings for all commission appointments must be filed and any outstanding fines, payable under Government Code Section 91013, shall be paid. No person shall be appointed to any commission if there are outstanding statements or fines; and no person shall be appointed to any commission for a period of one year if terminated from any commission more than once for failure to file statements.

d. Consultants
If a consultant, as defined in 2 Cal. Code Regs. Section 18701, fails to file any Statement of Economic Interests within thirty days after the City Clerk has given specific written notice of non-filing, they shall be advised by the City's project manager that no further payments shall be made by the City of Berkeley under the contract until such statement has been received by the City Clerk. The City Clerk shall also impose late filing fees in accordance with Government Code Sections 91013 and 91013.5.

Section 5. Interest and Positions in Non-Profit Organizations - Disclosure and Disqualification Whenever a disclosure category requires disclosure of specific financial interests or positions in business entities, disclosure of the equivalent financial interests or positions in non-profit organizations is required. Disqualification shall be required as to a disclosed interest or position in a non-profit organization whenever disqualification would have been required as a result of an equivalent financial interest or position in a business entity.

Section 6. Berkeley Housing Authority
The Berkeley City Clerk Department serves as the designated filing official for Berkeley Housing Authority (Authority) Form 700 Economic Disclosure Statements. The Authority is responsible for collecting these statements from all individuals required to submit them.

For individuals specified under Government Code Section 87200, such as Board Members and the Executive Director, the Authority will forward the original filings to the City Clerk Department while retaining a copy for their own records. The City Clerk Department will ensure compliance with the filing obligations for the 87200 filers.

Regarding other filers who do not fall under Government Code Section 87200, such as the Finance Manager, Management Analyst, Administrative Assistant, Accountant, Housing Specialist, and General Counsel, the Authority will retain the original statements and enforce the associated filing requirements internally. Additionally, the Authority is responsible for overseeing the administration of the Oath of Office for its members.

Section 7. Revisions to the City's Conflict of Interest Code The City Clerk will review the City's Conflict of Interest Code on an biennial basis and if changes are required will submit a revised code for Council approval, or if no changes are necessary so notify the City Council, by the applicable deadline specified in the Political Reform Act.

EXHIBIT A-1

AUDITOR'S DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Audit Manager 1
Auditor I, II 1
City Auditor 1
Deputy City Auditor for Payroll Management 1
Senior Auditor 1
Disclosure Categories
Category 1
All designated employees shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-2
CITY ATTORNEY’S OFFICE APPENDIX
Designated Employees Disclosure Categories
Administration
Assistant City Attorney 1
Assistant to the City Attorney 1
City Attorney 1
Deputy City Attorney I, II, III, IV 1
Paralegal 1
Disclosure Categories
Category 1
All designated employees shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-3

CITY CLERK DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1
Disclosure Categories
Category 1
All designated employees assigned to this category shall disclose all business entities, and non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-4

CITY MANAGER'S DEPARTMENT APPENDIX
Designated Employees Categories

ADMINISTRATION
Administrative Hearing Examiner 1
Assistant to the City Manager 1
City Manager 1
Community Services Specialist II 2
Deputy City Manager 1
Digital Communications Coordinator 1
Homeless Services Coordinator 1
Program Manager I, II 1
Senior Management Analyst 1

ANIMAL CARE SERVICES
Animal Services Manager 1
Registered Veterinary Technician 1

CODE ENFORCEMENT GROUP
Code Enforcement Officer 1
Code Enforcement Supervisor 1

DIVERSITY, EQUITY AND INCLUSION DIVISION
Diversity, Equity, and Inclusion Officer 1

OFFICE OF BUDGET AND FISCAL MANAGEMENT
Associate Management Analyst 1
Budget Manager 1
Senior Management Analyst 1

CITY MANAGER'S DEPARTMENT APPENDIX Page 2
Designated Employees Disclosure Categories

OFFICE OF ECONOMIC DEVELOPMENT
Assistant Management Analyst 1
Civic Arts Coordinator 1
Community Development Project Coordinator 1
Economic Development Project Coordinator 1
Manager of Economic Development 1
Senior Economic Development Project Coordinator 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities, and non-profit organizations in which they have an investment or in which they are a director officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities and non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by the division or program to which the designated employee is assigned.

Category 3
Designated employees assigned to this category shall disclose business entities and non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by any division or program in the Department of Health, Housing and Community Services.

EXHIBIT A-4

EXHIBIT A-5

DEPARTMENT OF INFORMATION TECHNOLOGY APPENDIX
Designated Employees Categories
Application Programmer Analyst II 1
Customer Service Manager 1
Database Administrator 1
Director of Information Technology 1
Information Security Manager 1
Information Systems Manager 1
Program Manager I, II 1
Senior Information Systems Specialist 1
Senior Management Analyst 1
Senior Systems Analyst 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities, and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any posi tion of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-6

FINANCE DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

ADMINISTRATION
Director of Finance 1
Senior Systems Analyst 1
Systems Accountant 1

ACCOUNTING DIVISION
Accounting Manager 1
Seni
or Accountant 2

TREASURY DIVISION
Revenue Development Specialist II 1
Rev
enue Development Supervisor 1
Treasury Manager 1

REVENUE COLLECTIONS DIVISION
Revenue Collection Manager 1

GENERAL SERVICES DIVISION
Buyer 1
Cont
ract Administrator 1
General Services Manager 1
Senior Buyer 1

EXHIBIT A-6

FINANCE DEPARTMENT APPENDIX (CONTINUED)
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-prof
it organizations in which they have an investment or in which are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities or non- prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) is a financial institution or is otherwise eligible under state law to have city funds, including pension, retirement and deferred compensation funds, depos
ited with it or invested in it;
(b) is of the type which has provided services, including but not limited to professional advice on investment, bond, tax or legal matters, to the Finance Department within the previous two years;
(c) is subject to a Cit
y of Berkeley licensing requirement; or
(d) provides real property sales or management services or owns or operates real property of the type leased or purchased by the City of Berkeley within the previous two years.

EXHIBIT A-7

FIRE AND EMERGENCY SERVICES DEPARTMENT PPENDIX
Designated Employees Disclosure Categories

FIRE - OFFICE OF THE CHIEF
Administrative & Fiscal Services Manager 1
Associate Management Analyst 3
Communications Specialist 4
Fire Chief 1
Principal Program Manager 1

TRAINING
Assistant Fire Chief 1
Fire Captain I, II 2, 3

OPERATIONS
Assistant Fire Chief 1
Battalion Chief 1
Deputy Fire Chief 1
Fire Captain I, II 2, 3

FIRE PREVENTION
Assistant Management Analyst 2, 4
Deputy Fire Marshal 1
Fire and Life Safety Plans Examiner 2, 4
Fire Marshal 1
Fire Prevention Inspectors 2

Fire and Emergency Services Department Appendix Page 2 Designated Employees Disclosure Categories

SPECIAL OPERATIONS DIVISION OFFICE OF EMERGENCY SERVICES Emergency Services Coordinator 4
Program Manager I, II 1

EMERGENCY MEDICAL SERVICES
Assistant Fire Chief 1
Emergency Medical Services Quality Improvement &
Education Coordinator 2, 3
Fire Captain I, II 2, 3
Paramedic Supervisor 2, 3

WILDLAND URBAN INTERFACE
Assistant Fire Chief 1
Fire Prevention Inspectors 2
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property, and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose any interest in commercial, industrial, or institutional real property; in residential rental property consisting of three or more units; or any other property subject to fire inspection. In addition, designated employees assigned to this category shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:

EXHIBIT A-7

Fire and Emergency Services Department Appendix Page 3 (a) owns, manages, or operates real property of the type subject to fire inspection; or
(b) is in the building and construction industry, including but not limited to architects, developers, contractors, sub-contractors, materials suppliers or consultants.

Disclosure Categories (Continued)
Category 3
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment, or services of the type utilized by the Fire and Emergency Services Department.

Category 4
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment or services of the type utilized by the division or program of the Fire and Emergency Services Department to which the designated employee is assigned.

EXHIBIT A-7

Exhibit A-8

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT APPENDIX Designated Employees Disclosure Categories

OFFICE OF THE DIRECTOR
Accounting Office Specialist Supervisor 4
Administrative & Fiscal Services Manager 1
Associate Management Analyst 2
Community Services Specialist I 4, 6
Community Services Specialist III 4, 6, 8
Deputy Director of Health, Housing & Community
Services 1
Director of Health, Housing & Community Services 1
Epidemiologist 8
Health Officer 1
Health Services Program Specialist 3
Principal Program Manager 1
Program Manager I, II 1
Public Health Program Physician/Deputy Health Officer 1, 6 Senior Health Management Analyst 4, 6
Senior Health Services Program Specialist 4, 6
Senior Management Analyst 2
Supervising Public Health Nurse 4, 6

AGING SERVICES DIVISION
Manager of Aging Services 1
Mental Health Clinical Supervisor 4, 6
Senior Citizen Center Director 4, 6
Senior Health Services Program Specialist 4, 6
Transportation Services Coordinator 4, 6

Health, Housing and Community Services Department Appendix Page 2 Exhibit A-8
Designated Employees Disclosure Categories

HOUSING AND COMMUNITY SERVICES DIVISION
Associate Management Analyst 6
Associate Planner 8
Building Inspector I (Certified) 1
Community Development Project Coordinator 1
Community Services Specialist II & III 8
Homeless Services Coordinator 8
Manager of Housing and Community Services 1
Senior Community Development Project Coordinator 1
Senior Management Analyst 2

ENVIRONMENTAL HEALTH DIVISION
Environmental Health Supervisor 1
Manager of Environmental Health 1
Registered Environmental Health Specialist 8
Senior Environmental Health Specialist 1
Vector Control Technician 8

MENTAL HEALTH DIVISION
Assistant Manager of Mental Health Services 1
Community Services Specialist II 4
Health Services Program Specialist 2
Manager of Mental Health Services 1
Mental Health Clinical Supervisor 4, 6
Mental Health Program Supervisor 2
Supervising Mental Health Nurse 4, 6
Supervising Psychiatrist 1

Health, Housing and Community Services Department Appendix Page 3 Designated Employees Disclosure Categories

PUBLIC HEALTH DIVISION
Community Services Specialist I 4, 8
Community Services Specialist III 4, 6
Epidemiologist 8
Health Nutrition Program Coordinator 4, 6
Health Services Program Specialist 3
Health Services Supervisor 1
Manager of Public Health Services 1
Senior Health Services Program Specialist 4, 6
Supervising Public Health Nurse 4, 6
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities and non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by any division or program in the Department of Health, Housing and Community Services.

Category 3
Designated employees assigned to this category shall disclose any interest in real property located within a Berkeley target area or neighborhood strategy area. In addition they shall also disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold Exhibit A-8

Health, Housing and Community Services Department Appendix Page 4 Exhibit A-8
any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is:
a) a building contractor or subcontractor of the type performing work under Berkeley Housing Rehabilitation Programs; or
b) is from individuals who have applied for or received housing rehabilitation assistance from the City of Berkeley within the previous two years.

Category 4
Designated employees assigned to this category shall disclose business entities and non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by the division or program in the Department of Health , Housing and Community Services to which the designated employee is assigned.

Category 5
Designated employees assigned to this category shall disclose business entities or non - profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non -profit organization or source of income:
a) manufactures, distributes, sells installs or otherwise markets equipment for energy conservation or alternative energy development; or b) provides services, including but not limited to design, repair, advocacy or consultation services, in the areas of energy conservation or alternative energy development.

Category 6
Designated employees assigned to this category shall disclose all business entities or non- profit organizations in which they have an investment, or in which they are a director, officer, partner, trustee, employee or hold any position of management and income, including gifts, loans and t ravel payments; if the business entity, non -profit organization or source of income is of the type which receives funds under contract with the City of Berkeley to:
a) Serve the social welfare needs of the people of Berkeley; or b) Provide health services, in cluding but not limited to emergency services, obstetric, gynecological or maternity care, care for chronic or communicable

Health, Housing and Community Services Department Appendix Page 5 diseases, and mental health; or
c) Provide services to the aging; or
d) Lease, own, or operate real property of the type suitable for the program or services under the supervision of the designated employee; or of the type suitable to be leased, owned, or operated by the City of Berkeley for health programs under the supervision of the designated employee.

Category 7
Designated employees assigned to this category shall disclose any interest in real property consisting in whole or in part of residential rental property. In addition, they shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity or source of income has an interest in, operates or manage s residential rental property.

Category 8
Designated employees assigned to this category shall disclose business entities or non - profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management and income, including gifts, loans and travel payments; if the business entity, non -profit organization or source of income:
a) is of the type whose contracts with the City of Berkeley are monitored by the Department of Health, Housing and Community Services or which receives funds under contract with the City of Berkeley to serve the social welfare needs of the people of the Berkeley; or
b) is of the type which manufactures, distributes, sells or otherwise provides goods or services of the type utilized by the designated employee’s division of the Department of Health, Housing and Community Services Category 9
Designated employees assigned to this category shall disclose all business entities or non-profit organizations in which they have an investment, or in which they are a director, officer, partner, trustee, employee or hold any position of management; any interest in real property within one-fourth mile of any Berkeley Senior Center and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income is of the type which receives funds under contract with the City of Berkeley to:

Exhibit A-8

Health, Housing and Community Services Department Appendix Page 6 Exhibit A-8
a) Serve the social welfare needs of the people of Berkeley; or b) Provide health services, including but not limited to emergency services, care for chronic or communicable diseases, and mental health; or c) Provide services to the aging; or
d) Lease, own, or operate real property of the type suitable for the program or services under the supervision of the designated employee; or of the type suitable to be leased, owned, or operated by the City of Berkeley for community services progra ms under the supervision of the designated employee.

Exhibit A-9

HUMAN RESOURCES DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Associate Human Resources Analyst (Recruitment /
Exams) 2
Director of Human Resources 1
Employee Relations Manager 1
Equal Employment, Opportunity & Diversity Officer 1
Human Resources Manager 1
Occupational Health and Safety Officer 2, 3
Occupational Health and Safety Specialist 3
Senior Human Resources Analyst 2, 3
Training Officer 2
Worker's Compensation Analyst 3

BENEFITS DIVISION
Associate Human Resources Analyst 3
Disclosure Categories
Category 1
Designated employees in this category shall disclose all business entities and non -profit organizations in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property and all sources of income, including gifts, loans and travel payments.

Human Resources Department Appendix Page 2
Exhibit A-9
Disclosure Categories (Continued)
Category 2
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity , non -profit organization or source of income:
(a) is a labor union; or
(b) is of the type which has provided the Human Resources Department within the previous two years with testing materials or services, or with services of any other kind including but not limited to consultant services or medical examination services; or
(c) provides training, organizational development or facilitator services.

Category 3
Designated employees assigned to this category shall disclose business entities or non - profit organizations in which they have an investment or are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non-profit organization or source of income is of the type which provides insurance of any kind, including but not limited to workers' compensation, health, life or liability insurance or related services.

LIBRARY DEPARTMENT APPENDIX
Designated Employees Categories

ADMINISTRATION SERVICES
Administrative & Fiscal Services Manager 1
Deputy Director of Library Services 1
Director of Library Services 1

CIRCULATION SERVICES DIVISION
Circulation Services Manager 1

CHILDREN'S / NEIGHBORHOOD SERVICES DIVISION
Library Services Manager 1

EQUITY, DIVERSITY, AND INCLUSION
Program Manager II 1

MAINTENANCE DIVISION
Senior Building Maintenance Supervisor 1

TECHNICAL SERVICES & INFOM

ATION TECHNOLOGY
Library Information Systems Administrator 1
Libr
ary Services Manager 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any pos ition of management; all interests in real
property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-10

EXHIBIT A-11

MAYOR AND COUNCIL DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Mayor 1
City Councilmembers 1
Chief of Staff 1
Assistant to the Mayor 1
Legislative Assistant/Administrative Assistant 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-12

OFFICE OF THE DIRECTOR OF POLICE ACCOUNTABILITY APPENDIX Designated Employees Categories
Associate Management Analyst (Administrative Analyst) 1 Associate Management Analyst (Data Analyst) 1
Associate Management Analyst (Policy Analyst) 1
Director of Police Accountability 1
Office of the Director of Police Accountability Investigator 1 Police Accountability Board Member 1
Disclosure Category
Category 1
Designated employees assigned to this category shall disclose any business entity or non-profit organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non -profit organization, or source of income:
(a) manufactures, distributes, sells or otherwise markets weapons, ammunition, or other law enforcement equipment;
(b) is of the type which offers law enfor cement training courses considered by the Police Accountability Board and Office of the Director of Police Accountability; or
(c) is a member of the Berkeley Police Department.

EXHIBIT A-13

PARKS, RECREATION & WATERFRONT DEPARTMENT APPENDIX
Designated Employees Categories

OFFICE OF THE DIRECTOR
Assistant Civil Engineer (Registered) 1
Associate Civil Engineer 1
Capital Improvement Programs Manager 1
Deputy Director 1
Director of Parks, Recreation and Waterfront 1
Senior Management Analyst 1
Supervising Civil Engineer 1

PARKS DIVISION
Building Maintenance Supervisor 2, 3
Parks Superintendent 1
Senior Building Maintenance Supervisor 2, 3
Senior Forestry Supervisor 2, 3
Senior Landscape Gardener Supervisor 2, 3

RECREATION DIVISION
Aquatics Coordinator 3
Aquatics Facilities Supervisor 3
Camp Manager 2, 3, 4
Recreation and Youth Services Manager 1
Recreation Coordinator 3
Recreation Program Supervisor 1

WATERFRONT DIVISION
Harbormaster 3, 5
Waterfront Manager 1
Waterfront Supervisor 2, 5

Parks, Recreation and Waterfront Department Appendix Page 2 EXHIBIT A-13
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business enti ties or
non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities or non- prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is of the type which manufactures, distributes, sells, leases or otherwise provides the Parks, Recreation & Waterfront Department with:
(a) goods of any kind, incl
uding but not limited to heavy equipment, vehicles,
machinery, tools, fuel products or other equipment; or
(b) services of any kind, including but not limi ted to building or construction services and consultant services.

Category 3
Designated employees assigned to this category, shall disclose business entities or non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment, machinery, supplies or services of the type used by the division or program of the Parks, Recreation & Waterfront Department to which the designated employee is assigned.

Category 4
Designated employees assigned to this category shal l disc lose all interests in real property. In addition, they shall disclose business entities or non- prof it organizations in
which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) owns, operates or manages real property; or
(b) is a utility; or
(c) is in the building or construction industry, including but not limited to architects, engineers, building construction contractors or subcontractors, materials suppliers, or consultants.

Parks, Recreation and Waterfront Department Appendix Page 3 EXHIBIT A-13
Disclosure Categories Conti
nuous
Category 5
Designated employees assigned to this category shall disclose:
(a) all interests in real property located on or within one-four th mile of the
Berkeley Waterfront, including any leasehold interest in berths at the Berkeley Marina; and
(b) any business entity or non-prof
it organization in which they have an investment
or in which they are a director, officer, partner, trustee or employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(i) is located on the Berkeley Waterfront;
(ii) has an interest in real property on the Berkeley Waterfront; or does business, has done business within the previous two years, plans to do business on the Berkeley Waterfront, including but not limited to architects, engineers, real estate developers, building contractors, lawyers and others involved in projects or proposals on the Berkeley Waterfront.

EXHIBIT A-14

PLANNING AND DEVELOPMENT DEPARTMENT APPENDIX
Designated Employees Designated Employees

BUILDING AND SAFETY DIVISION
Assistant Building and Safety Manager 1
Building and Safety Manager 1
Building Inspector I, II (Certified) 2, 4
Building Plans Engineer 2, 4
Building Plans Examiner 2, 4
Community Services Specialist I, II 2, 4
Resilient Buildings Program Manager 1
Senior Building Inspector 2, 4
Senior Building Plans Engineer 2, 4
Supervising Building Inspector 2, 4

HOUSING CODE ENFORCEMENT DIVISION
Assistant Inspector 1
Assistant Management Analyst 1
Housing Inspector I, II (Certified) 1
Senior Housing Inspector (Certified) 1

LAND USE PLANNING DIVISION
Assistant Planner 1
Associate Planner 1
Land Use Planning Manager 1
Planning Technician 1
Principal Planner 1
Senior Planner 1

Planning and Development Department Appendix Page 2 EXHIBIT A-14
Designated Employees Designated Employees

OFFICE OF ENERGY AND SUSTAINABLE DEVELOPMENT
Associate Management Analyst 2, 4
Community Services Specialist I, II, III 2, 4
Energy Program Manager 1

OFFICE OF THE DIRECTOR / ADMINISTRATION
Administrative and Fiscal Services Manager 1
Assistant Management Analyst 1
Associate Management Analyst 1
Community Services Specialist II 2, 4
Deputy Director of Planning and Development 1
Director of Planning and Development 1

PERMIT SERVICE CENTER
Permit Center Coordinator 1
Permit Specialist 2, 4
Senior Permit Specialist 2, 4

TOXICS MANAGEMENT DIVISION
Hazardous Materials Manager 1
Hazardous Materials Specialist I, II 3

Planning and Development Department Appendix Page 3 EXHIBIT A-14
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities or non-profit organizations in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose all interests in real property.

In addition, they shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income has an interest in real property or is in the building and construction industry, including but not limited to architects, developers, contractors, sub-contractors, materials suppliers or consultants.

Category 3
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non -profit organization or source of income:
(a) produces, uses, collects or disposes of hazardous and toxic materials; or (b) provides consulting services in the areas of source reduction and recycling, and the management, treatment and disposal of hazardous wastes and materials.

Category 4
Designated employees assigned to this category shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) manufactures, distributes, sells installs or otherwise markets equipment for energy conservation or alternative energy development; or (b) provides services, including but not limited to design, repair, advocacy or consultation services, in the areas of energy conservation or alternative energy development.

Exhibit A-15

POLICE DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Admi
nistrative & Fiscal Services Manager 1
Chief of Police 1
Deputy Police Chief 1
Police Captain 1
Disclosure Categories
Category 1
Designated employees assigned to this
category shall disclose all business entities or
non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

EXHIBIT A-16

PUBLIC WORKS DEPARTMENT APPENDIX
Designated Employees Categories

ENGINEERING DIVISION
Assistant Civil Engineer (Registered) 2, 4
Assistant Management Analyst 3
Assistant Public Works Engineer 2
Associate Civil Engineer 2, 4
Building Inspector 1, 6
Chief of Party 2
Engineering Inspector 2, 6
Engineering Technician 2, 4
Environmental Compliance Specialist 2, 4
Junior Public Works Engineer 2
Manager of Engineering 1, 4
Senior Building Inspector 2, 6
Senior Drafting Technician 2, 4
Senior Engineering Inspector 2, 6
Supervising Civil Engineer 1, 4, 6

EQUIPMENT MAINTENANCE DIVISION
Equipment Maintenance Superintendent 2, 4
Senior Equipment Supervisor 3

FACILITIES MANAGEMENT DIVISION
ADA Program Coordinator 2, 4
Building Maintenance Supervisor 3, 6
Communications Supervisor 1
Electrical Supervisor 1, 4

Public Works Department Appendix Page 2
EXHIBIT A-16
Designated Employees Categories

FACILITIES MANAGEMENT DIVISION (CONTINUOUS)
Environmental Compliance Specialist 3, 7
Facilities Maintenance Superintendent 2, 6
Lead Communications Technician 1
Senior Building Maintenance Supervisor 3, 6
Senior Electrical Supervisor 1, 4

OFFICE OF THE DIRECTOR
Administrative & Fiscal Services Manager 1
Assistant Management Analyst 2
Associate Management Analyst 2
Community Development Project Coordinator 1, 4
Deputy Director of Public Works 1
Director of Public Works 1
Disability Services Specialist 2, 4
Occupational Health and Safety Officer 2, 3
Public Works Operations Manager 1, 4
Senior Management Analyst 2
Solid (Zero) Waste and Recycling Manager 1, 5

STREETS DIVISION
Assistant Management Analyst 2, 4
Public Works Maintenance Superintendent 2
Public Works Supervisor 3
Senior Public Works Supervisor 3
Sewer Maintenance Assistant Supervisor 3

Public Works Department Appendix Page 3
EXHIBIT A-16
Designated Employees Categories

TRANSPORTATION DIVISION
Assistant Management Analyst 2
Assistant Planner 2, 4
Assistant Transportation Engineer 2, 4
Associate Civil Engineer 2, 4
Associate Planner 1
Associate Transportation Engineer 2, 4
Deputy Director of Public Works 1
Parking Meter Maintenance and Collection Supervisor 2
Parking Services Manager 2
Principal Planner 1
Senior Planner 1
Senior Public Works Supervisor 3
Supervising Traffic Engineer 1, 4
Traffic Maintenance Supervisor 2

ZERO WASTE DIVISION
Associate Management Analyst 2
Environmental Compliance Specialist 1
Field Representative 2
Public Works (Zero Waste) Operations Manager 1, 4, 5
Recycling Program Manager 3, 5
Senior Solid (Zero) Waste Supervisor 2
Solid (Zero) Waste and Recycling Manager 1, 5
Solid (Zero) Waste Supervisor 3, 5

Public Works Department Appendix Page 4
EXHIBIT A-16
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose entities or non -profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non -profit organization or source of income is of the type which manufactures, distributes, sells, leases or otherwise provides goods or services of the type used by any division or program of the Public Works Department.

Category 3
Designated employees assigned to this category shall disclose business entities or non - profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non -profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment, machinery, supplies or servi ces of the type used by the division or program of the Public Works Department to which the designated employee is assigned.

Category 4
Designated employees assigned to this category shall disclose all interests in real property. In addition, they shall disclose business entities or non -profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) owns, operates or manages real property; or
(b) is a utility; or
(c) is in the building or construction industry, including but not limited to architects, engineers, building construction contractors or subcontractors, materials suppliers, or consultants.

Public Works Department Appendix Page 5
EXHIBIT A-16
Disclosure Categories Continuous
Category 5
Designated employees assigned to this category shall disclose business entities or non - profit organizations in which they have an investm ent or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity , non-profit organization or source of income is of the type which:
(a) collects or hauls solid waste;
(b) builds or operates any solid waste disposal facility, transfer or processing station or resource recovery facility;
(c) engages in solid waste recycling activities; or
(d) acts as a consultant to entities or organizations engaged in the above activities.

Category 6
Designated employees assigned to this category shall disclose any interest in real property located in an area of Berkeley in which the utility lines have not been undergrounded. In addition, the y shall disclose business entities, or non -profit organizations, in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payment s; if the business entity or source of income is a public utility company which does any work related to the provision of utility services, is a construction company or subcontractor of such company or has an interest in real property in an area of Berkeley in which the utility lines have not been undergrounded.

Category 7
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non -profit organization or source of income:
(a) produces, uses, collects, stores, or disposes of hazardous or toxic materials; or
(b) provides consulting services in the areas of source reduction or recycling, or the management, treatment or disposal of hazardous wastes or materials.

EXHIBIT A-17

RENT STABILIZATION BOARD APPENDIX

DESIGNATED OFFICIALS - BOA

RD MEMBERS CATEGORIES
Commissioners (Board Members) 1, 2, 3

DESIGNATED EMPLOYEES CATEGORIES
Administrative and Fiscal Services Manager 2,3
Assistant Management Analyst 2, 3
Associate Management Analyst 2, 3
Associate Planner 2, 3
Community Services Specialist II, III 2, 3
Executive Director 1, 2, 3
General Counsel 1, 2, 3
Hearing Examiners 2, 3
Senior Hearing Examiner 2, 3
Senior Management Analyst 2, 3
Senior Planner 2, 3
Staff Attorneys II & III 1, 2, 3

RENT STABILIZATION BOARD APPENDIX Page 2
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose:
(a) All investment and interest in, and all sources of income from real property including but not limited to ownership, sale, management, transfer or exchange.
(b) All investments in and sources of income, including gifts, loans and travel payments from entities which own, sell, manage, transfer or exchange real property.
(c) Any management position including but not limited to a director, officer, partner or trustee in any business entity or non- prof
it organization subject
to or potentially affected by the regulatory authority of the Rent Board. (d) The assuming office statement shall disclose all interests and dealings in real property, including but not limited to ownership, sale, management, transfer or exchange, and interests in entities whose primary purpose is the ownership, sale, management, transfer or exchange of real property, during the previous three years.

Category 2
Designated employees assigned to this category shall disclose:
(a) All investments and interests in and all sources of income from real property, including but not limited to ownership, sale, management, transfer or exchange, subject to the regulatory authority of the Rent Board. (b) All inves
tments and business positions in and sources of income, including gifts, loans and travel payments from entities which own, sell, manage, transfer or exchange real property, subject to the regulatory authority of the Rent Board.

Category 3
Designated employees assigned to this category shall disclose investments and business positions in business entities, non- profit organizations and sources of income, including gifts, loans and travel payments of the type which, within the past two years, have contracted with the City of Berkeley to provide services, supplies, materials, machinery or equipment to the Board.

EXHIBIT A-17

BOARD OF LIBRARY TRUSTEES APPENDIX
Designated Officials
Members of the Board
Disclosure Category
Members of the Board shall disclose any interest in real property within a 1/2 mile of any Berkeley municipal library. In addition, members of the Board shall disclose business entities or non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any positi on of management; and income, including gifts, loans, and travel -payments; if the business entity, non- profit organization, or source of income is of the type which:
1) manufactures, repairs, distributes, sells, leases or otherwise markets library materials and equipment including, but not limited to, books, periodicals, art slides or prints, records, and cataloguing equipment or systems; or 2) has contracted with the Berkeley Library Department within the previous two years to provide any other kinds of goods or services to the Department.

EXHIBIT B-1

CANNABIS COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose:
1) All interests in real property located in the City of Berkeley; or 2) Any business entity or non-prof
it organization in which they have an investment or
in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization or source of income is of the type which:
a) manufactures, distributes, sells, installs, or otherwise markets equipment or supplies
for cultivation or consumption of the plant Cannabis sativa L. or any of its derivatives; or
b) operates any cannabis business or organi
zation, including collectives and
dispensaries; or
c) engages in activities or provides services that involve planting, cultivating, harvesting, transporting, dispensing, delivering, selling at retail or wholesale, manufacturing, compounding, converting, processing, preparing, storing, packaging, or testing, any part of the plant Cannabis sativa L. or any of its derivatives.

EXHIBIT B-2

CIVIC ARTS COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities, and non- pro fit
organizations in which they have an investment, or in which they are a director, officer, partner, employee, or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non- profit organization, or source of income:
1) has applied for, is receiving, or within the previous two years has received, funds through the City to advance the Arts in Berkeley; or
2) has profited from the creation, production, sale, or display of any artistic endeavor; or
3) has provided services, goods, or equipment to artistic endeavors.

EXHIBIT B-3

COMMISSION ON AGING APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization or source of income has applied for, is receiving or within the previous two years has received funds through the City of Berkeley to provide services to the aging. In addition, members of the Commission shall disclose any interest in real property located within 1/4 mile of any of the Berkeley Senior Centers.

EXHIBIT B-4

COMMISSION ON DISABILITY APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they hold an investment or in which they are a director, officer, partner, trustee, employee or have any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income within the previous two years has provided services, goods, or equipment to disabled persons.

EXHIBIT B-5

COMMISSION ON LABOR APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities or non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income:
1) is a union or other organization which represents or has sought to represent employees or management in collective bargaining; or
2) has applied for, is receiving, or within the previous two years has received funds through the City of Berkeley to provide services to organizations whose purpose is to serve the legal rights and economic interests of labor.

EXHIBIT B-6

COMMUNITY HEALTH COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities or non- pro fit
organizations in which they have an investment or are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity or non- profit organization provides goods or services relating in any way to the provision, administration or financing of health care or health planning, education and information.

EXHIBIT B-7

DESIGN REVIEW COMMITTEE APPENDIX
Designated Officials
Members of the Committee
Disclosure Category
All members of the committee shall disclose any interest in real property consisting in whole or in part of a building located in any commercially zoned area in the City of Berkeley. In addition, members of the Committee shall disclose any business entity or non-prof
it organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income has an interest in real property consisting in whole or in part of a building located in a commercially zoned area; derives income from the sale of construction supply materials; or performs construction services or renovation services including landscaping, architectural, and interior decorating.

EXHIBIT B-8

DISASTER AND FIRE SAFETY COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose all interests in real property located in the City of Berkeley.

In addition, m embers of the Commission shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee, or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-prof it organization, or source
of income is of the type which:
1) manufactures, distributes, sells, leases, or otherwise provides goods or services that may be used in planning, preparing for or responding to a disaster or emergency as defined in BMC Ch. 2.88.020; or
2) provides consulting services in the areas of disaster management or disaster preparedness; or
3) offers disaster preparedness, fir
e service, or emergency medical services training
courses; or
4) acts as a consultant to organizations engaged in fire inspection, fire prevention, code enforcement, chipper and debris removal, landscaping or any other fire preparedness service; or
5) provides architectural, engineering or construction work in the areas o f seismic retrofitting, upgrades or disaster recovery.

EXHIBIT B-9

EXHIBIT B-9

ELMWOOD BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX
Designated Officials
Members of the Board
Disclosure Category
All members of the Board shall disclose all interests in real property located in or within one mil
e of the Elmwood Business Improvement District as defined in Attachment A to this Appendix, and any business entity or non- profit organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income; if the business entity, non- profit organization, or source of income is:
1) located in or within one m
ile of the Elmwood Business Improvement District; or
2) has an interest in real property located in or within one mi le of the Elmwood
Business Improvement District; or
3) does business, has done business within the previous two years, or plans to do business in or within one mile of the Elmwood Business Improvement District , including but not limited to architects, engineers, real estate developers, building contractors, lawyers and others involved in projects or proposals located in or w
ithin one mile of the Elmwood Business Improvement District.

EXHIBIT B-10

ATTACHMENT A

ELMWOOD BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX

7.84.030 Boundaries of district.

The boundaries of the District are as specified in this section and in the District’s Boundary Map attached to the ordinance codified in this chapter and on file with the office of the City Clerk.

Western Boundary. A line connecting the western edge of all parcels fronting on the western side of College Avenue in the C-E zoning district from 2832 College to 2992 College but including the City-owned Elmwood parking lot that is accessed from Russell Street, and addresses on Ashby from 2629 to 2648. The parcels along the western boundary are as follows:

Assessor’s Book 053:

Block 1695: Parcels 11, 12-1, and 12-2.

Assessor’s Book 052:

Block 1568: Parcels 3, 4-1, 5-1, 5-2, 6-2, 7, 9, 11-1, 12-1, 49, 50, 51, 52, 53, 55, and

56. Block 1573: Parcels 2, 4-1, 6, 14, 15, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103.

Eastern Boundary. A line connecting the eastern edge of all parcels fronting on the eastern side of College Avenue from 2887 College Avenue to 2999 College Avenue and 2701 Webster Street. The parcels along the eastern boundary are as follows:

Assessor’s Book 053:

Block 1696: Parcel 15.

Assessor’s Book 052:

Block 1567: Parcels: 16, 17, 18, 19, 20, 21, 22, 23, 24, 62, 63, 64, 66, 67, 68, 87, 88, 89, 90, and 91.

Southern Boundary. Webster Street.

Northern Boundary. A line connecting the northern edge of parcel 053-1695-011 (2832 College) on the western side of College and the northern edge of parcel 053- 1696-015 (2887 College) on the eastern side of College. (Ord. 7317-NS § 3 (part), 2013)

EXHIBIT B-10

EXHIBIT B-10

EXHIBIT B-10

ENVIRONMENT AND CLIMATE COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee, or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income is of the type which:
1) is engaged in the building construction trades; or
2) manufactures, distributes, sells, installs, or otherwise markets equipment for energy conservation or alternative energy development; or 3) provides services, including but not limited to design, repair, advocacy, financial, or consultation services, in the areas of energy conservation or alternative energy development; or
4) produces, uses, collects or disposes of hazardous and toxic materials; or 5) provides consulting services in the areas of source reduction and recycling, and the management, treatment and dispersal of hazardous wastes and materials.

EXHIBIT B-11

FAIR CAMPAIGN PRACTICES COMMISSION APPENDIX

OPEN GOVERNMENT COMMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose any business entity or non- pro fit
organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income is required to file campaign reports under the Berkeley Election Reform Act of 1974, acts as a consultant on campaign matters, or is subject to regulation under the Lobbyist Registration Act.

EXHIBIT B-12

HOMELESS SERVICES PANEL OF EXPERTS
Designated Officials
Members of the Commission
Disclosure Category
All members of the commission shall disclose all interests in real property located in the City of Berkeley.

In addition, members of the commission shall disclose any business entity or non- pro fit
organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income:
1) is engaged in serving the housing or social welfare needs of the homeless in the City of Berkeley; or
a. (2) owns or manages real property in Berkeley; or
b. (3) derives income from the sale of construction materials, or performs construction or renovation services, including landscaping, architectural, and interior decorating.

EXHIBIT B-13

HOUSING ADVISORY COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Board shall disclose all business entities and non- prof it
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-14

HUMAN WELFARE AND COMMUNITY ACTION COMMISSION

APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they have an investment or are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non- profit organization or source of income is of the type which receives funds under contract with the City of Berkeley to serve the social welfare needs of the people of Berkeley.

EXHIBIT B-15

INDEPENDENT REDISTRICTING COMMISSION
Designated Officials
Members of the Commission
Disclosure Categories
Members of the C omm ission shall disclose all business entities and non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-16

JOINT POWERS FINANCING AUTHORITY APPENDIX
Designated Officials
Members of the Authority
Disclosure Category
Members of the Authority shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-17

LANDMARKS PRESERVATION COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose any interest in real property located in the City of Berkeley consisting in whole or in part of a building more than 40 years old. In addition, members of the Commission shall disclose any business entity or non- pro fit
organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income has an interest in real property located in the City of Berkeley consisting in whole or in part of a building more than 40 years old.

EXHIBIT B-18

LOAN ADMINISTRATION BOARD APPENDIX
Designated Officials
Members of the Board
Disclosure Category
All members of the Board shall disclose all business entities or non -profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-19

MENTAL HEALTH COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they have an investment or are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non- profit organization, or source of income is of the type which has received mental health funds administered by the City of Berkeley.

In addition, members of the Commission shall disclose any interest in real property located within 1/4 mile of any clinical mental health site operated by the City of Berkeley or supported in whole or in part by funds administered by the City of Berkeley.

EXHIBIT B-20

PARKS, RECREATION AND WATERFRONT COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose any business entity or non- pro fit
organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income is of the type which:
1) is engaged in park design, construction, maintenance or renovation or in the manufacture, distribution or repair of park, recreation or playground equipment; or 2) is related to the work in the field of early childhood development, education, childcare, recreational programs and activities; or
3) is located on the Berkeley Waterfront; or
4) has an interest in real property on the Waterfront; or 5) provides services, goods, or equipment related to the care, treatment or control of animals; or
6) does business, has done business within the previous two years, or plans to do business with any city owned animal shelter, including but not limited to architects, engineers, building contractors, lawyers and others involved in projects or proposals connected with the building or modification of any City owned animal shelter; or
7) all interests in real property within ¼ mile of any Berkeley park, mini -park or municipal recreation facility or within ¼ mile of any open space suitable for development into a park or mini-park; or
8) all interests in real property located on or within 1/4 mile of the Berkeley Waterfront, including any leasehold interest in berths at the Berkeley Marina; or 9) does business, has done business within the previous two years, or plans to do business on the Berkeley Waterfront, including but not limited to architects, engineers, real estate developers, building contractors, lawyers and others involved in projects or proposals on the Berkeley Waterfront.

EXHIBIT B-21

PEACE AND JUSTICE COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities, non-prof it organizations,
and financial institutions in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income:
1) has applied for, is receiving or within the previous two years has received funds through the City of Berkeley to serve the goal of creating a world community in which the relations between people are based on equality and respect for human rights, or the abhorrence of exploitation and oppression; or 2) has profited from the manufacture, sale, development, or testing of any weapon, or any device, substance, chemical, or geological agent, which is designed or used principally as a means of individual or mass destruction; or 3) is from individuals who control or serve as directors of financial institutions.

EXHIBIT B-22

PERSONNEL BOARD APPENDIX
Designated Officials
Members of the Board
Disclosure Category
All members of the Board shall disclose business entities or non- prof it organizations in
which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non- profit organization, or the source of income is:
1) a union or other organization which represents or has sought to represent employees in collective bargaining; or
2) a health plan, an insurance company, or a financial institution offering services of the type made available as fringe benefits to unrepresented employees of the City
of Berkeley.

EXHIBIT B-23

PLANNING COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose all business entities and non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-24

POLICE ACCOUNTABILITY BOARD APPENDIX
Designated Officials
Members of the Board
Disclosure Category
All members of the Boar
d shall disclose any business entity or non-profit organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income:
1) manufactures, distributes, sells or otherwise markets weapons, ammunition, or other law enforcement equipment; or
2) is of the type which offers law enforcement training courses considered by the Commission; and
3) is a member of the Berkeley Police Depart
ment.

EXHIBIT B-25

REIMAGINING PUBLIC SAFETY TASK FORCE
Designated Officials
Members of the Task Force
Disclosure Categories
All members of the Task Force shall disclose all business entities and non- prof it
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-26

SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX
Designated Officials
Board Members
Disclosure Category
All members of the Board shall disclose all interests in real property located on or within one mile of the Solano Avenue Business Improvement District as defined in Attachment A to this Appendix, and any business entity or non-prof it organization in which they have
an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income; if the business entity, non- profit organization, or source of income is:
1) located in or within one mile of the Solano Avenue Business Improvement District; or
2) has an interest in real property located in or within one mile of the Solano Avenue
Business Improvement District; and
3) does business, has done business within the previous two years, or plans to do business in or within one mile of the Solano Avenue Business Improvement District, including but not limited to architects, engineers, real estate developers, building contractors, lawyers and others involved in projects or proposals located in or within one mile of the Solano Avenue Business Improvement District.

EXHIBIT B-27

ATTACHMENT A

SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX

Boundaries of the Solano Avenue Business Improvement District

ZONE A
Includes all businesses on real estate parcels with frontage on Solano Avenue or in the C-SO zone between The Alameda and the Berkeley/Albany line.

Northern Boundary:

A line connecting the northern edges of all parcels fronting on the northern side of Solano Avenue or in the C -SO zone from the Albany Town Line to The Alameda. The parcels along the northern boundary are as follows:

Assessor's Map 62:

Block 2848: Parcels 13 and 14
Block 2870: Parcels 16,17-2, 18,19 and 20
Block 2872: Parcels 17,18,19, 20, 21, 22, 23, 24, 25 and 26 Block 2871: Parcels 7-2, 10, 11, 12-1, 15-1, 16-1, 19, 20, 21 and 22 Assessor's Map 61:

Block 2602: Parcels 2, 3-1, 3-2, 4, 5, 5-1, 6, 8, 9, 33-1, 35-4, 37, 38, 40-1, 43- 1,44-1, 45, 46, 47, 48, 49, 50 and 51

Eastern Boundary
The western edge of The Alameda

Southern Boundary

1. A line connecting the southern edges of all parcels fronting on the southern side of Solano Avenue or in the C-SO zone from The Alameda to the Albany Town Line. The parcels along the southern boundary are as follows:

Assessor's Map 61
Block 2603: Parcels 1,3-3 and 4
Block 2611: Parcels 1-2, 4, 25-3, 25-4 and 28-1
Block 2612: Parcels 1 and 2
Block 2613: Parcels 1-1, 5-1 and 6
Block 2614: Parcels 1, 2, 3, 4 and 22 through 28

2. The northern edge of Solano Avenue from Tulare Avenue to a point approximately 100 feet west of Neilson Street.

EXHIBIT B-27

ATTACHMENT A

SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX

Western Boundary
The Albany Town Line

ZONE B
Includes all businesses within the boundaries of the District on parcels not fronting on Solano Avenue between The Alameda and the Berkeley/Albany line or in the C-SO zone.

The boundaries of the Zone B areas are as follows:

Area 1
A line around the three parcels immediately south of Zone A on the western edge of The Alameda. This area includes the following parcels:

Assessor's Map 61
Block 2603: Parcels 5, 6, and 7

Area 2
A line around the block enclosed by the eastern edge of The Alameda, the southern edge of Solano Avenue, the western edge of Contra Costa Avenue and the northern Edge of Los Angeles Avenue. This area includes the following parcels:

Assessor's Map 61
Block 2575: Parcels 40-1, 41, 42, 43 and 44

Area 3
A line around Parcel 3-7, Block 2571, Assessor's Map 61

EXHIBIT B-27

EXHIBIT B-27

SUCCESSOR AGENCY APPENDIX
Designated Officials and Employees Di
sclosure Categories
Members of the Successor Agency 1
Staff of the Agency 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Ber keley; and all sources of income, including gifts, loans and travel payments.

EXHIBIT B-28

SUGAR-SWEETENED BEVERAGE PRODUCT PANEL OF EXPERTS

APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities or non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization or source of income:
1) provides services related to youth food and nutrition programs or school -based food and nutrition programs; or
2) provides childhood nutrition education; or
3) employment by or income from Berkeley Unified School Distr ict; or
4) provides health care services that address diabetes, weight or other conditions that result from consumption of sugar; and
5) conducts public health research related to categories 1, 2 or 3 above.

EXHIBIT B-29

TRANSPORTATION AND INFRASTRUCTURE COMMISSION

APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose all business entities and non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all sources of income, including gifts, loans, and travel payments; and all interests in real property located in the City of Berkeley.

EXHIBIT B-30

ZERO WASTE COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
Members of the Commission shall disclose any business entity or non-prof it organization
in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non- profit organization, or source of income is of the type which:
1) collects or hauls solid waste; or
2) builds or operates any solid waste disposal facility, transfer or processing station or resource recovery facility; or
3) engages in solid waste recycling activities; and
4) acts as a consultant to entities or organizations engaged in the above activities.

EXHIBIT B-31

ZONING ADJUSTMENTS BOARD APPENDIX
Designated Officials
Members of the Board
Disclosure Categories
All members of the Board shall disclose all business entities and non-prof it organizations
in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property located in the City of Berkeley; and all sources of income, including gifts, loans, and travel payments.

EXHIBIT B-32

CONSULTANTS APPENDIX1
Designated Employees Disclosure Categories
Consultants who make (not just
recommend) governmental decisions,
such as whether to approve a rate, rule, or
regulation, whether to issue, deny, suspend,
or revoke any permit, license, application,
certificate or similar authorization, adopt or
grant City approval to a plan, design, report,
study, or adopt or grant City approval of
policies, standards, or guidelines for the City
or an
y subdivision thereof
1 Consultants who act in a staff capacity
with the City, and in that capacity perform
the same or substantially all the same duties
for the City that would otherwise be
performed by an individual holding a
designated position in the City’s Conflict of
Interest Code.

Disclosure required at the same level as the
comparable designated position identified
elsewhere in this Code.

Category 1
Designated consultants assigned to this category shall disclose:
(a) All business entities or non- profit corporations in which they are a director, officer, partner, trustee, employee or hold a position of management; interests in real property, investments; and income, including gifts, loans and travel payments. 2 (b) When the consultant is a corporation or partnership, only individuals from the firm that participate in City decisions or act in a staff capacity must file disclosure state ments.
1 Only consultants who make a governmental decision or act in a staff capacity as defined in 2 Cal. Code Regs. Section 18701, as amended from time to time, shall be subject to economic disclosure requirements. 2 Consultants who make governmental decisions shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:

The chief executive officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in
scope and thus is not required to full y comply with the disclosure requirements described in the section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The chief ex ecutive officer’s determination is a public record
and shall be retained for publi
c inspection in the same manner and location as this Conflict of Interest Code.

EXHIBIT C-1

EXHIBIT D-1

RETIRED ANNUITANT APPENDIX
Designated Employees Disclosure Categories
Retired Annuitants who perform the same or substantially all * the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code.

Disclosure Categories
*Disclosure required at the same level as the comparable designated position identified elsewhere in this Code.

EXHIBIT E - LISTING OF ALL BERKELEY CONFLICT OF INTEREST CODE

DEPARTMENT, COMMISSION, CONSULTANT, AND RETIRED ANNUITANT APPENDICES

EXHIBIT E

EXHIBIT DEPARTMENT
A-1 Auditor Department
A-2 City Attorney Office
A-3 City Clerk Department
A-4 City Manager Office
A-5 Department of Information Technology
A-6 Finance Department
A-7 Fire and Emergency Services
A-8 Health, Housing & Community Services Department
A-9 Human Resources Department
A-10 Library Department
A-11 Mayor and Council
A-12 Office of the Director of Police Accountability
A-13 Parks, Recreation and Waterfront Department
A-14 Planning and Development Department
A-15 Police Department
A-16 Public Works Department
A-17 Rent Stabilization Board

EXHIBIT E - LISTING OF ALL BERKELEY CONFLICT OF INTEREST CODE

DEPARTMENT, COMMISSION, CONSULTANT, AND RETIRED ANNUITANT APPENDICES

EXHIBIT E

EXHIBIT BOARDS & COMMISSIONS
B-1 Board of Library Trustees
B-2 Cannabis Commission
B-3 Civic Arts Commission
B-4 Commission on Aging
B-5 Commission on Disability
B-6 Commission on Labor
B-7 Community Health Commission
B-8 Design Review Committee
B-9 Disaster and Fire Safety Commission
B-10 Elmwood Business Improvement District Advisory Board B-11 Environment and Climate Commission
B-12 Fair Campaign Practices Commission - Open Government Commission B-13 Homeless Services Panel of Experts
B-14 Housing Advisory Commission
B-15 Human Welfare and Community Action Commission
B-16 Independent Redistricting Commission
B-17 Joint Powers Financing Authority
B-18 Landmarks Preservation Commission
B-19 Loan Administration Board
B-20 Mental Health Commission
B-21 Parks, Recreation and Waterfront Commission
B-22 Peace and Justice Commission
B-23 Personnel Board
B-24 Planning Commission

EXHIBIT E - LISTING OF ALL BERKELEY CONFLICT OF INTEREST CODE

DEPARTMENT, COMMISSION, CONSULTANT, AND RETIRED ANNUITANT APPENDICES

EXHIBIT E

EXHIBIT BOARDS & COMMISSIONS CONTINEOUS

B-25 Police Accountability Board
B-26 Rei
magining Public Safety Task Force
B-27 Solano Avenue Business Improvement District Advisory Board B-28 Su
ccessor Agency
B-29 Sugar-Sweetened Beverage Product Panel of Experts
B-30 Transportation and Infrastructure Commission
B-31 Zero Waste Commission
B-32 Zoning Adjustments Board

EXHIBIT CONSULTANT
C-1 Consultant

EXHIBIT RETIRED ANNUITANT
D-1 Retired Annuitant

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES Audit Manager 1
Auditor I & II 1
City Auditor 1
Deputy City Auditor for Payroll
Management 1
Senior Auditor 1

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved:

The Form Requires No Amendments: x
Name:

Dept. Director's Affirmation:

Date: 9-Aug-23
I hereby affirm that I personally reviewed this report
Jenny Wong
2023 Auditor Department Review FormPage 93 of 130

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES Assistant City Attorney 1
City
Attorney 1
Deputy City Attorney I, II, III 1
Paralegal 1

POSITIONS ADDED TO
DEPARTMENT SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Assistant to the City Attorney 1 Council Meeting 10/11/2022; Resolution No. 70,561–N.S.

Deputy City Attorney IV 1 Council Meeting 11/15/2022; Resolution No. 70,597–N.S.

Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: X Added disclosure categories for new positions added since 6/1/2021 The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date: Sep. 6, 2023
I hereby affirm that I personally reviewed this report

DEPARTMENT HEAD AUTHORIZATION
Samuel Harvey
2023 City Attorney Department Review Form

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES Assistant City Clerk 1
Ass
istant Management Analyst 1 X
City Clerk 1
Deputy City Clerk 1

POSITIONS ADDED TO
DEPARTMENT SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
None

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: X
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date: 7/28/2023
I hereby affirm that I personally reviewed this report
Mark Numainvile
2023 City Clerk Department Review FormPage 95 of 130

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

ADMINISTRATION
Administrative Hearing Examiner 1
Assistant City Manager X Not Listed for CMO Positions
Assistant Management Analyst X There is only one Asst Mgmt Analyst positoin; which is under Office of Economic Development below
Assistant to the City Manager 1
Associate Management Analyst 1 Moved to Office of Budget and Fiscal Management below City Manager 1
Community Services Specialist II 2
Deputy City Manager 1
Digital Communications Coordinator 1
Health Services Program Specialist 3 X Removed from position list for FY23/24 Senior Management Analyst 1
2023 City Manager Department Review FormPage 96 of 130

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

ANIMAL CARE SERVICES
Animal Services Manager 1
Registered Veterinary Technician 1

CODE ENFORCEMENT GROUP
Code Enforcement Officer 1
Code Enforcement Supervisor 1

OFFICE OF ECONOMIC

DEVELOPMENT
Assistant Management Analyst 1
Civ
ic Arts Coordinator 1
Community Development Project
Coordinator 1
Economic Development Project
Coordinator 1
Manager of Economic Development 1

OFFICE OF BUDGET AND FISCAL

MANAGEMENT
Budget Manager 1
Ass
ociate Management Analyst 1 Moved from Administration above Senior Management Analyst 1
2023 City Manager Department Review FormPage 97 of 130

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

POSITIONS ADDED TO
DEPARTMENT SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Senior Economic Development
Project Coordinator 1 Council Meeting 6/14/2022; Resolution No. 70,408–N.S.

Prog
ram Manager I and II 1 Council Meeting 10/12/2021; Resolution No. 70,064-N.S.

Diversity, Equity, and Inclusion
Officer (Also created new Diversity,
Equity and Inclusion Division within
the City Manager’s Office)
1 Council Meeting 10/11/2022; Resolution No. 70,560–N.S.

Homeless Services Coordinator 1 This position was transferred from HHCS to the CM’s Office (Neogov req# Requisition# 2021-00369)
The Department Appendix, as
Amended, is Approved: X
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date: 9/1/2023
I hereby affirm that I personally reviewed this report
Dee Williams-Ridley

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
2023 City Manager Department Review FormPage 98 of 130

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])
EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES Application Programmer Analyst II 1
Cus
tomer Service Manager 1
Database Administrator 1
Director of Information Technology 1
Information Security Manager 1
Information Systems Manager 1
Senior Information Systems Specialist 1
Senior Management Analyst 1
Senior Systems Analyst 1
2023 Department of Information Technology Review Form

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Program Manager I and II Council Meeting 10/12/2021; Resolution No. 70,064-N.S.

The Department Appendix, as Amended, is
Approved:

The Form Requires No Amendments: X
Name:

Dept. Director's Affirmation:

Date:

I hereby affirm that I personally reviewed this report
6-Sep-23

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
Kevin Fong
2023 Department of Information Technology Review Form
1

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES , COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES , NOTE THE CHANGES ON THE WORKSHEE T, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT (Commiss ion@berkeleyca .gov)

EXISTING DEPARTMENT

POSITIONS

ADMINISTRATION
Director of Finance
Senior Systems Analyst
Systems Accountant

ACCOUNTING DIVISION
Accounting Manager
Senior Accountant

TREASURY DIVISION
Revenue Development Specialist II
Revenue Development Supervisor
Treasury Manager

REVENUE COLLECTIONS DIVISION
Revenue Collection Manager

CATEGORY
1 1
1 1
2 1
1 1
1 � �� ·o�t::> 'Ji.��
r:,\� t'( c; �'\
�eo. �
o
�<:l:)� . � �o\� o\e":J'\
-��
'ti,
c� o"<'\� � ,� �
�e e\� ��� r;,?>\e g �\':,\O ��elf>
�� 0e\e; '!voe:, �e� �;� .. � �e�
fO�\) \0�'\ t;)\':Jv �<::>\ '\�\; �<::>\ NOTES
Vacant since April 2021

EXISTING DEPARTMENT

POSITIONS

GENERAL SERVICES DIVISION
Buyer
Contract Administrator
General Services Manager
Senior Buyer

POSITIONS ADDED TO
DEPARTMENT SINCE 61112021

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement

CATEGORY
1 1

CATEGORY
(REQUIRED)
The Department Appendix, as Amended, is
Approved: X --------
The Form Requires No Amendments: ___ __,._.

Name:

Dept. Director's Affirmation: I hereby affirm that I personally reviewed this report ------5
-,-.
/ I 5
----i
l!'--';)()-----d 3---Date:

NOTES
NOTES

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected]) INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE
EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

FIRE - OFFICE OF THE CHIEF
Administrative & Fiscal Services Manager 1
Associate Management Analyst 3
Fire Captain I/II 2, 3 X This classificaiton does not live within this Division Fire Chief 1

TRAINING
Assistant Fire Chief 1
Fire Captain I/II 2, 3
Paramedic Supervisor 2, 3 X This classificaiton does not live within this Division

OPERATIONS
Assistant Fire Chief 1
Battalion Chief 1
Deputy Fire Chief 1
Fire Captain I/II 2, 3

FIRE PREVENTION
Assistant Management Analyst 2, 4
Deputy Fire Marshal 1
Fire and Life Safety Plans Examiner 2, 4
Fire Marshal 1
Fire Prevention Inspectors 2

SPECIAL OPERATIONS DIVISION OFFICE OF EMERGENCY
SERVICES/EMERGENCY MEDICAL SERVICES These divisions are not tied together Assistant Fire Chief 1 X This classificaiton was replaced with a Program Manager II Emergency Services Coordinator 4
EMERGENCY MEDICAL SERVICES This division was separated and is now stand-alone Assistant Fire Chief 1
Fire Captain I/II 2, 3 one existing, one new FTE
Paramedic Supervisor 2, 3
2023 Fire and Emergency services Department Review FormPage 103 of 130

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES WILDLAND URBAN INTERFACE This division is new
Assistant Fire Chief 1
Fire Prevention Inspectors 2
POSITIONS ADDED TO DEPARTMENT SINCE 6/1/2021 CATEGORY
(REQUIRED) NOTES
Program Manager I and II 1 Council Meeting 10/12/2021; Resolution No. 70,064–N.S. [Add to OES, replace the Assistant Chief] Principal Program Manager 1 Council Meeting 10/11/2022; Resolution No. 70,559–N.S. [Add to the Office of the Fire Chief] Communications Specialist 4 Council Meeting 9/14/2021; Resolution No. 70,019–N.S. [Add to the Office of the Fire Chief] Limited Term Emergency Medical Technician n/a Council Meeting 1/18/2022; Resolution No. 70,185–N.S .[Add to Operations Division - I do not believe they would be required to report.] Single Function Paramedic n/a Council Meeting 1/18/2022; Resolution No. 70,186–N.S. [Add to Operations Division - I do not believe they would be required to report.] Emergency Medical Services Quality Improvement & Education Coordinator 2, 3 Council Meeting 1/18/2022; Resolution No. 70,187–N.S. [Add to EMS Division] The Department Appendix, as Amended, is Approved: X
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date: 8/25/2023

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
David Sprague
I hereby affirm that I personally reviewed this report
2023 Fire and Emergency services Department Review FormPage 104 of 130

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected]) EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

OFFICE OF THE DIRECTOR
Accounting Office Specialist Supervisor 4
Administrative & Fiscal Services Manager 1
Associate Management Analyst 2
Community Services Specialist I 4, 6
Community Services Specialist III 4, 6, 8
Deputy Director of Health, Housing &
Community Services 1
Director of Health, Housing & Community
Services 1
Epidemiologist 8
Health Officer 1
Health Services Program Specialist 3
Public Health Program Physician/Deputy
Health Officer 1, 6
Senior Health Management Analyst 4, 6
Health, Housing and Community Services Department Review Form

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES OFFICE OF THE DIRECTOR (CONT.)
Senior Health Services Program Specialist 4, 6
Senior Management Analyst 2
Supervising Public Health Nurse 4, 6

AGING SERVICES DIVISION
Manager of Aging Services 1
Mental Health Clinical Supervisor 4, 6
Senior Citizen Center Director 4, 6
Senior Health Services Program Specialist 4, 6
Transportation Services Coordinator 4, 6

HOUSING AND COMMUNITY SERVICES

DIVISION
Associate Management Analyst 6
Associate Planner 8
Building Inspector I (Certified) 1
Community Development Project
Coordinator 1
Health, Housing and Community Services Department Form Review

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

HOUSING AND COMMUNITY SERVICES
DIVISION (CONT.)
Community Services Specialist II & III 8
Homeless Services Coordinator 8
Manager of Housing and Community
Services 1
Senior Community Development Project
Coordinator 1
Senior Management Analyst 2

ENVIRONMENTAL HEALTH DIVISION
Environmental Health Supervisor 1
Manager of Environmental Health 1
Registered Environmental Health Specialist 8
Senior Environmental Health Specialist 1
Vector Control Technician 8

MENTAL HEALTH DIVISION
Assistant Manager of Mental Health
Services 1
Community Services Specialist II 4
Health, Housing and Community Services Department Form Review

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES MENTAL HEALTH DIVISION (CONT.)
Health Services Program Specialist 2
Manager of Mental Health Services 1
Mental Health Clinical Supervisor 4, 6
Mental Health Program Supervisor 2
Supervising Mental Health Nurse 4, 6
Supervising Psychiatrist 1

PUBLIC HEALTH DIVISION
Community Services Specialist I 4, 8
Community Services Specialist III 4, 6
Epidemiologist 8
Health Nutrition Program Coordinator 4, 6
Health Services Program Specialist 3
Health Services Supervisor 1
Manager of Public Health Services 1
Senior Health Services Program Specialist 4, 6
Supervising Public Health Nurse 4, 6
Health, Housing and Community Services Department Form Review

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Program Manager I and II 1 Council Meeting 10/12/2021; Resolution No. 70,064-N.S.

Principal Program Manager 1 Council Meeting 10/11/2022; Resolution No. 70,559-N.S.

Medical Doctor excluded Council Meeting 1/17/2023; Resolution No. 70,660–N.S.

The Department Appendix, as Amended, is
Approved:

The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date:

Date:

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
I hereby affirm that I personally reviewed this report
Amy Davidson
8/17/2023
Health, Housing and Community Services Department Form Review

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

DEIGNATED EMPLOYEES
Director of Human Resources 1
Employee Relations Manager 1
Equal Employment, Opportunity &
Diversity Officer 1
Human Resources Manager 1
Occupational Health and Safety Officer 2, 3 `
Occupational Health and Safety
Specialist 3
Senior Human Resources Analyst 2, 3
Training Officer 2
Worker's Compensation Analyst 3

BENEFITS DIVISION
Associate Human Resources Analyst 3
Human Resources Department Review FormPage 110 of 130

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

POSITIONS ADDED TO
DEPARTMENT SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Associate Human Resources Analyst
(Recruitment / Exams) 2
These positions are not newly added, but changes to recruitment and testing practices necessitate their inclusion.

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: x
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date:

Aram Kouyoumdjian
I hereby affirm that I personally reviewed this report
9/6/2023
Human Resources Department Review FormPage 111 of 130

Library Department Review Form
INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])
EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

ADMINISTRATION SERVICES
Administrative & Fiscal Services Manager 1
Deputy Director of Library Services 1
Director of Library Services 1

CIRCULATION SERVICES DIVISION
Circulation Services Manager 1

CHILDREN'S / NEIGHBORHOOD

SERVICES DIVISION
Library Services Manager 1

TECHNICAL SERVICES & INFOMATION

TECHNOLOGY
Library Information Systems Administrator 1
Library Services Manager 1

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

MAINTENANCE DIVISION
Senior Building Maintenance Supervisor 1

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Program Manager II 1 New Equity, Diversity, and Inclusion PM position

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: TM
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date: 9.6.23
I hereby affirm that I personally reviewed this report
Tess Mayer
Library Department Review Form

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2021 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE SIGNATURE AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES Director of Police Accountability 1
Office of the Director of Police
Accountability Investigator 1
Police Accountability Board Member 1

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Associate Management Analyst (Policy
Analyst) 1
Associate Management Analyst (Data
Analyst) 1
Associate Management Analyst
(Administrative Analyst) 1

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: X
The Form Requires No Amendments:

Name:

Hansel Aguilar
Dept. Director's Affirmation:

Date:

I hereby affirm that I personally reviewed this report
9/6/2023

PARKS, RECREATION AND WATERFRONT DEPARTMENT REVIEW FORM INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

OFFICE OF THE DIRECTOR
Assistant Civil Engineer (Registered) 1
Associate Civil Engineer 1
Capital Improvement Programs Manager 1
Deputy Director 1
Director of Parks, Recreation and
Waterfront 1
Senior Management Analyst 1
Supervising Civil Engineer 1

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

PARKS DIVISION
Building Maintenance Supervisor 2, 3
Parks Superintendent 1
Senior Building Maintenance Supervisor 2, 3
Senior Forestry Supervisor 2, 3
Senior Landscape Gardener Supervisor 2, 3

RECREATION DIVISION
Aquatics Coordinator 3
Aquatics Facilities Supervisor 3
Camp Manager 2, 3, 4
Recreation and Youth Services Manager 1
Recreation Coordinator 3
Recreation Program Supervisor 1

PARKS, RECREATION AND WATERFRONT DEPARTMENT REVIEW FORM

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

WATERFRONT DIVISION
Harbormaster 3, 5
Waterfront Manager 1
Waterfront Supervisor 2, 5

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved:

The Form Requires No Amendments: X
Name:

Dept. Director's Affirmation:

Date:

F. Scott Ferris
I hereby affirm that I personally reviewed this report
9/11/2023

PARKS, RECREATION AND WATERFRONT DEPARTMENT REVIEW FORM

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT

POSITIONS

CATEGORY
DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes) TITLE REVISION(List new titles in notes)
NOTES

OFFICE OF THE DIRECTOR /

ADMINISTRATION
Administrative and Fiscal Services
Manager 1
Assistant Management Analyst 1
Associate Management Analyst 1
Community Services Specialist II 2, 4
Deputy Director of Planning and
Development 1
Director of Planning and Development 1

PERMIT SERVICE CENTER
Permit Center Coordinator 1
Permit Specialist 2, 4
Senior Permit Specialist 2, 4
Planning and Development Department Review FormPage 118 of 130

EXISTING DEPARTMENT

POSITIONS

CATEGORY
DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes) TITLE REVISION(List new titles in notes)
NOTES

LAND USE PLANNING DIVISION
Assistant Planner 1
Associate Planner 1
Land Use Planning Manager 1
Planning Technician 1
Principal Planner 1
Senior Planner 1

BUILDING AND SAFETY DIVISION
Assistant Building and Safety Manager 1
Building and Safety Manager 1
Building Inspector I & II (Certified) 2, 4
Building Plans Engineer 2, 4
Building Plans Examiner 2, 4
Community Services Specialist I & II 2, 4
Resilient Buildings Program Manager 1
Planning and Development Department Review FormPage 119 of 130

EXISTING DEPARTMENT

POSITIONS

CATEGORY
DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes) TITLE REVISION(List new titles in notes)
NOTES

BUILDING AND SAFETY DIVISION
(CONT.)
Senior Building Inspector 2, 4
Sen
ior Building Plans Engineer 2, 4
Supervising Building Inspector 2, 4

TOXICS MANAGEMENT DIVISION
Hazardous Materials Manager 1
Hazardous Materials Specialist I & II 3

OFFICE OF ENERGY AND

SUSTAINABLE DEVELOPMENT
Associate Management Analyst 2, 4
Community Services Specialist I, II, III 2, 4
Energy Program Manager 1

HOUSING CODE ENFORCEMENT

DIVISION
Assistant Management Analyst 1
Housing Inspector 1 x
Housing Inspector (Certified) 1 x
Housing Inspector Supervisor 1 x
These positions were replaced by the new Housing Inspector classifications below. We don't have anyone in these classificaitons and they won't be used in the future..

Planning and Development Department Review FormPage 120 of 130

EXISTING DEPARTMENT

POSITIONS

CATEGORY
DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes) TITLE REVISION(List new titles in notes)
NOTES

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED)
Assistant Inspector 1 Cou ncil Meeting 10/26/21; Resolution No. 70,083 –N.S.

Housing Inspector I (Certified) 1 Council Meeting 10/26/21; Resolution No. 70,083 –N.S.

Housing Inspector II (Certified) 1 Council Meeting 10/26/21; Resolution No. 70,083 –N.S.

Senior Housing Inspector (Certified) 1 Council Meeting 10/26/21; Resolution No. 70,083 –N.S.

Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: x
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date: 9/5/2023
Jordan Klein
I hereby affirm that I personally reviewed this report

DEPARTMENT HEAD AUTHORIZATION
Planning and Development Department Review FormPage 121 of 130

POLICE DEPARTMENT REVIEW FORM
INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT (Commission@berkeleyca .gov)

EXISTING DEPARTMENT

POSITIONS CATEGORY
Administrative & Fiscal Services 1 Manager
Chief of Police 1
Police Captain 1

POSITIONS ADDED TO CATEGORY
DEPARTMENT SINCE 6/1/2021 (REQUIRED)
Deputy Police Chief i

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
1 ne uepanmem Appena1x, as Amenaea,
� is Approved:

The Form Requires No Amendments:

Name: -:r . Lcll,S"
Date:
. o�r,,\ �'r�r.,<t;.
5�'1 �C, r,,;\ �o � �e ;\ �eo <c,r.,O ·� �o �e'"<>
·i'�
'I)
<:,�'\ oct 'I � \�
�o
�e e\>1 ��<,;,. i:,'l>'-eC8 "N.,s,o ��e'""
<,;,.'\<c, 0e\e �oCJ �e� <t;,. �� �e� <v<t;,.V \0�'\ <v\e:,G \'-''""'- '\�V �,r,,'- NOTES NOTES
Council Meeting 7/25/2023; Resolution No. 70,993-N.S.

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])
EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

OFFICE OF THE DIRECTOR
Administrative & Fiscal Services Manager 1
Assistant Management Analyst 2
Associate Management Analyst 2
Community Development Project
Coordinator 1, 4
Deputy Director of Public Works 1
Director of Public Works 1
Disability Services Specialist 2, 4
Occupational Health and Safety Officer 2, 3
Public Works Operations Manager 1, 4
Senior Management Analyst 2
Solid (Zero) Waste and Recycling Manager 1, 5
Public Works Department Review Form

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

ENGINEERING DIVISION
Assistant Civil Engineer (Registered) 2, 4
Assistant Management Analyst 3
Assistant Public Works Engineer 2
Associate Civil Engineer 2, 4
Building Inspector 1, 6
Chief of Party 2
Engineering Inspector 2, 6
Environmental Compliance Specialist 2, 4
Junior Public Works Engineer 2
Manager of Engineering 1, 4
Senior Building Inspector 2, 6
Senior Drafting Technician 2, 4
Senior Engineering Inspector 2, 6
Supervising Civil Engineer 1, 4, 6
Public Works Department Review Form

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

TRANSPORTATION DIVISION
Assistant Management Analyst 2
Assistant Planner 2, 4
Assistant Transportaion Engineer 2, 4
Associate Civil Engineer 2, 4
Associate Planner 1
Associate Transportation Engineer 2, 4
Deputy Director of Public Works 1
Parking Meter Maintenance and Collection
Supervisor 2
Parking Services Manager 2
Principal Planner 1
Senior Planner 1
Senior Public Works Supervisor 3
Supervising Traffic Engineer 1, 4
Traffic Maintenance Supervisor 2
Public Works Department Review FormPage 125 of 130

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

ZERO WASTE DIVISION
Associate Management Analyst 2
Environmental Compliance Specialist 1
Field Representative 2
Public Works (Zero Waste) Operations
Manager 1, 4, 5
Recycling Program Manager 3, 5
Senior Solid (Zero) Waste Supervisor 2
Solid (Zero) Waste and Recycling Manager 1, 5
Solid (Zero) Waste Supervisor 3, 5

FACILITIES MANAGEMENT DIVISION
Building Maintenance Supervisor 3, 6
Environmental Compliance Specialist 3, 7
Facilities Maintenance Superintendent 2, 6
Lead Communications Technician 1
Senior Building Maintenance Supervisor 3, 6
Senior Electrical Supervisor 1, 4
Public Works Department Review FormPage 126 of 130

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

EQUIPMENT MAINTENANCE DIVISION
Equipment Maintenance Superintendant 2, 4
Senior Equipment Supervisor 3

STREETS DIVISION
Assistant Management Analyst 2, 4
Public Works Maintenance Superintendent 2
Public Works Supervisor 3
Senior Public Works Supervisor 3
Sewer Maintenance Assistant Supervisor 3

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
ADA Program Coordinator 2, 4 Council Meeting 12/6/2022; Resolution No. 70,624–N.S.

Electrical Supervisor 1, 4 Council Meeting 5/9/2023; Resolution No. 70,820–N.S. (The Facilities Division of Public Works)
Communications Supervisor 1 Council Meeting 5/9/2023; Resolution No. 70,821–N.S. (The Facilities Division of Public Works)
Engineering Technician 2, 4 Personnel Board 6/2023, approved by CMO 8/1/2023 Public Works Department Review FormPage 127 of 130

EXISTING DEPARTMENT POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: X
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date:

Liam Garland
I hereby affirm that I personally reviewed this report
8/21/2023
Public Works Department Review FormPage 128 of 130

INSTRUCTIONS FOR CONFLICT OF INTEREST CODE 2023 UPDATE

1. IF THERE ARE NO CHANGES, COMPLETE ONLY THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO CITY CLERK DEPARTMENT

2. IF THERE ARE CHANGES, NOTE THE CHANGES ON THE WORKSHEET, COMPLETE THE AFFIRMATION AT THE END OF THE WORKSHEET AND RETURN TO THE CITY CLERK DEPARTMENT ([email protected])

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES

DESIGNATED OFFICIALS - BOARD

MEMBERS
Commissioners (Board Members) 1, 2, 3

DESIGNATED EMPLOYEES
Assistant Management Analyst 2, 3
Associate Management Analyst 2, 3
Associate Planner 2, 3
Community Services Specialist II 2, 3
Community Services Specialist III 2, 3
Deputy Director 1, 2, 3 X Position eliminated from Rent Board staffing model
Executive Director 1, 2, 3
General Counsel 1, 2, 3
Hearing Examiners 2, 3
Rent Stabilization Board Review FormPage 129 of 130

EXISTING DEPARTMENT
POSITIONS CATEGORY DELETE (Only delete eliminated positions)DISCLOSURE CATEGORY CHANGE (List new category in notes)TITLE REVISION(List new titles in notes) NOTES DESIGNATED EMPLOYEES (CONT.)
Senior Hearing Examiner 2, 3
Senior Management Analyst 2, 3
Senior Planner 2, 3
Staff Attorneys II & III 1, 2, 3

POSITIONS ADDED TO DEPARTMENT
SINCE 6/1/2021

CATEGORY
(REQUIRED) NOTES
Administrative and Fiscal Services
Manager 2,3 AKA- Finance Director- Added 4/2023

DEPARTMENT HEAD AUTHORIZATION
Mark the appropriate statement
The Department Appendix, as Amended, is
Approved: X
The Form Requires No Amendments:

Name:

Dept. Director's Affirmation:

Date:

DeSeana Williams
I hereby affirm that I personally reviewed this report
5-Sep-23
Rent Stabilization Board Review FormPage 130 of 130

City Clerk Department
1 CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: 2023 Annual Commission Attendance and Meeting Frequency Report

RECOMMENDATION
Adopt a Resolution approving a revised commission meeting frequency schedule, accepting the 2023 annual commission attendance and meeting frequency report, and rescinding Resolution No. 69,331-N.S.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
Each of the City’s commissions that were active during the reporting period submitted an annual attendance report covering the period of September 1, 2022 through August 31, 2023 (Attachment 2). These reports include the number of meetings, meeting cancellations, commissioners in attendance, length of meetings, number of speakers, and members of the public present. The reports also reflect the number of vacant positions on the commission as of August 31, 2023.

On February 28, 2023, the Governor concluded the Declaration of Emergency by the State of California for COVID-19. Consequently, the previously granted exemptions to the Brown Act, which permitted virtual-only meetings of legislative bodies were rescinded. As a result of this change in state law, beginning March 1, 2023 City commissions were required to return to in-person meetings. This information was outlined in the “Return to In-Person Meetings” memorandum issued to commissions on January 19, 2023.

Resolution No. 69,331-N.S which established meeting format requirements during the state-declared emergency can be rescinded.

A new resolution is submitted to set the meeting frequency for all commissions that reflects current state law, and reinstates the meeting frequency categories previously adopted by Council. Consistent with the proposed resolution, commissions are divided into four categories (A, B, C, and D) depending on their meeting the criteria of having time-sensitive, legally mandated business to complete. The meeting activity for the reporting period of September 1, 2022, through August 31, 2023, has been broken down by category below.

2023 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 28, 2023
2 Category A – These commissions will meet on their own schedule.

Commission Meetings
Held
Meetings
Cancelled
Board of Library Trustees 14 0
Design Review Committee 11 1
Fair Campaign Practices Commission Report not received
Housing Advisory Commission 9 1
Landmarks Preservation Commission 12 0
Open Government Commission Report not received
Personnel Board 12 0
Planning Commission 9 2
Police Accountability Board 26 1
Zoning Adjustments Board 15 1
Category B – These commissions will have a maximum of ten meetings per year.

Commission Meetings
Held
Meetings
Cancelled
Civic Arts Commission 10 0
Commission on Aging 10 0
Commission on Disability 8 4
Commission on Labor 6 1
Commission on the Status of Women 9 1
Community Health Commission 10 0
Disaster and Fire Safety Commission 10 0
Environment and Climate Commission 10 0
Homeless Services Panel of Experts 13 2
Human Welfare and Community Action Commission 5 6
Mental Health Commission 9 0
Parks, Recreation and Waterfront Commission 11 1
Peace and Justice Commission 8 2
Sugar-Sweetened Beverage Product Panel of
Experts 10 2
Transportation and Infrastructure Commission 10 0
Youth Commission 9 0
Zero Waste Commission 9 0

2023 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 28, 2023
3 Category C – These commissions will meet as necessary to fulfil their legal requirements as determined by the board chair and/or staff.

Commission Meetings
Held
Meetings
Cancelled
Elmwood Business Improvement District Advisory
Board 2 0
Loan Administration Board 3 0
Solano Avenue Business Improvement District
Advisory Board 4 0
Category D – These commissions will have a maximum of six meetings per year.

No commissions currently in Category D

BACKGROUND
On June 14, 2005, the City Council discussed the reduction of commission meetings as a cost-savings measure, and adopted a proposal which created three categories of commission meeting schedules, a process for requesting Council approval of any extra meetings, direction to commission secretaries to submit an information report whenever a commission cancels two consecutive meetings for lack of quorum, and an annual attendance report.

On January 15, 2008, Council adopted Resolution No. 63,949–N.S., which updated the commission meeting frequency schedule to include a fourth category of meeting frequency.

On March 17, 2020, the council adopted Resolution No. 69,331–N.S. with the purpose of reducing the number of commission meeting schedules from four categories to two categories. This decision was made in response to the mandatory Shelter-in-Place order imposed as a result of the COVID-19 pandemic. Consequently, most commissions significantly reduced or completely halted their activities in March of 2020.

The proposed resolution aims to restore the meeting frequency categories to their previous count of four categories, as initially adopted by the council prior to the pandemic.

The resolution encompasses all modifications resulting from the recent commission reorganization, Charter amendments, and sunset dates.

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

2023 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 28, 2023
4 RATIONALE FOR RECOMMENDATION
The annual commission attendance report informs the Council of commission activity and allows for comparison with the meeting frequency schedule. The annual attendance report documents increased demand on or under-utilization of commissions, and allows Council to make changes to the meeting frequency schedule accordingly.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
ATTACHMENTS:
1: Resolution
2: 2023 Annual Commission Attendance Reports
Exhibit 2a – Category A
Exhibit 2b – Category B
Exhibit 2c – Category C
3: 2023 Approved Leaves of Absence by Commission Report

2023 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 28, 2023
5 RESOLUTION NO. XX,XXX–N.S.
2023 COMMISSION MEETING FREQUENCY SCHEDULE
WHEREAS, on June 13, 2005, the City Council adopted a plan which created three categories of meeting schedules and a process for requesting Council or Agenda Committee approval of any extra meetings; and
WHEREAS, Council also directed commission secretaries to submit an information report whenever a commission cancels two consecutive meetings for lack of quorum and an annual attendance report; and
WHEREAS, on January 15, 2008, the City Council adopted a plan which created a fourth category of meeting frequency; and
WHEREAS, adopting a commission meeting schedule will provide commissions with direction to set their respective regular meeting schedules for subsequent years.

WHEREAS, on March 17, 2020, during pandemic, the council adopted a plan which dividing the commissions into two categories, due to the Shelter-in-Place order necessitated by the COVID-19 pandemic, most commissions ceased or greatly scaled back their activities in March of 2020; and
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley directs that commission secretaries shall submit an information report to Council whenever a commission cancels two consecutive meetings for lack of quorum.

BE IT FURTHER RESOLVED that commissions may request that the Council approve extra meetings by placing a report on the City Council agenda for consideration.

BE IT FURTHER RESOLVED that commissions will meet according to the following categories:

Category A. These commissions will meet on their own schedule.

Board of Library Trustees
Design Review Committee
Fair Campaign Practices Commission/Open Government Commission Housing Advisory Commission
Landmarks Preservation Commission
Personnel Board
Planning Commission
Police Accountability Board
Zoning Adjustments Board

2023 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 28, 2023
6 Category B. These commissions will have a maximum of ten meetings per year.

Civic Arts Commission
Commission on Aging
Commission on Disability
Commission on Labor
Commission on the Status of Women
Community Environmental Advisory Commission
Community Health Commission
Disaster and Fire Safety Commission
Environment and Climate Commission
Homeless Services Panel of Experts
Human Welfare and Community Action Commission
Mental Health Commission
Parks, Recreation and Waterfront Commission
Peace and Justice Commission
Sugar-Sweetened Beverage Product Panel of Experts
Transportation and Infrastructure Commission
Youth Commission
Zero Waste Commission
Category C. These commissions will meet as necessary to fulfill their legal requirements as determined by the board chair and/or staff.

Elmwood Business Improvement District Advisory Board
Loan Administration Board
Solano Avenue Business Improvement District Advisory Board Category D. These commissions will have a maximum of six meetings per year.

None
BE IT FURTHER RESOLVED that commission secretaries will submit a commission attendance and meeting frequency report for the period September 1st through August 31st to the City Clerk in September of each year.

BE IT FURTHER RESOLVED that a report presenting commission attendance and meeting frequency will be submitted to the City Council for review in November of each year.

BE IT FURTHER RESOLVED that the meeting frequency schedule contained herein shall remain in effect until superseded by Council Resolution.

BE IT FURTHER RESOLVED that Resolution No. 69,331-N.S. is hereby rescinded.

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Board of Library Trustees
Commission Secretary: Tess Mayer
Example:

Scheduled Meeting Date
Cancelled?
If Yes, Provide
Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled Meeting Date
Cancelled?
If Yes, Provide
Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/1/2022 Special Meeting via Zoom 5 of 5 0 0 1 hr 57 min 9/7/2022 Regular Meeting via Zoom 5 of 5 12 1 1 hr 51 min 10/19/2022 Regular Meeting via Zoom 5 of 5 3 0 1 hr 25 min 11/2/2022 Regular Meeting via Zoom 4 of 5 2 0 2 hrs 8 min 11/2/2022 Regular Meeting via Zoom 5 of 5 3 0 1 hr 20 min 1/4/2023 Regular Meeting via Zoom 4 of 5 0 0 1 hr 59 min 2/1/2023 Regular Meeting via Zoom 5 of 5 2 0 18 min
2/1/2023 Special Meeting (BOLT Retreat) via
Zoom
5 of 5 3 0 1 hr 33 min
3/1/2023 Regular Meeting in Person 4 of 5 1 1 hr 45 min 4/19/2023 Regular BOLT Meeting 4 of 5 3 1 1 hour
5/3/2023 Regular BOLT Meeting 4 of 5 8 0 1 hr 38 min
5/17/2023 Special BOLT Meeting 4 of 4 0 0 34 min.
6/7/2023 Regular BOLT Meeting 4 of 4 3 0 1 hr 58 min
7/5/2023 Regular BOLT Meeting 3 of 4 7 2 1 hr 19 min
Vacant seats: 1
(as of August 31, 2023
Exhibit 2a. Category A

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023

Commission: Design Review Committee

Commission Secretary: Anne Burns

Scheduled Meeting
Date

(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present

(include temporary
appointees; names are
not required)
Public Present

(names are not
required)
Public
Speakers

(names are not
required)

Meeting
Length
9/15/2022 No 7 of 7 22 20 5 hrs.
10/20/2022 No 7 of 7 11 7 2.5 hrs.
11/17/2022 Yes – no agenda items - - - -
12/15/2022 No 7 of 7 12 4 2 hrs.
1/19/2023 No 7 of 7 23 11 3.75 hrs.
2/16/2023 No 7 of 7 32 15 4 hrs.
3/16/2022 No 6 of 7 18 12 3.5 hrs.
4/20/2022 No 7 of 7 35 19 4 hrs.
5/28/2022 No 7 of 7 17 12 3 hrs.
6/15/2023 No 6 of 6 11 9 3 hrs.
7/20/2023 No 4 of 6 4 3 1 hrs.
8/17/2023 No 6 of 7 20 12 3 hrs.

Vacant seats: ___0_____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Housing Advisory Commission
Commission Secretary: Anna Cash/Mariela Herrick
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names
are not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
09/01/2022 No 9 of 9 8 7 3.75 hrs.
10/06/2022 No 7 of 8 2 2 2 hrs.
11/09/2022 No 8 of 9 3 1 .5 hrs.
01/05/2023 Yes – no agenda items from
Commissioners or staff
02/02/2023 No 6 of 7 9 8 1.5 hrs.
03/02/2023 No 7 of 8 3 2 2.5 hrs.
04/10/2023 No 6 of 7 1 1 2 hrs.
05/04/2023 No 6 of 7 10 3 1.5 hrs.
06/01/2023 No 5 of 7 8 7 1.5 hrs.
07/17/2023 No 7 of 8 7 5 3.5 hrs.

Vacant seats: ____0____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023

Commission: Landmarks Preservation Commission

Commission Secretary: Fatema Crane

Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date

(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present

(include temporary
appointees; names are
not required)
Public Present

(names are not
required)
Public
Speakers

(names are not
required)

Meeting
Length
9/1/2022 7 of 9 5 3 2 hrs.
10/6/2022 6 of 9 13 8 2.5 hrs.
11/3/2022 9 of 9 21 8 3 hrs.
12/1/2022 9 of 9 35 23 4 hrs.
1/5/2023 8 of 9 8 4 2.5 hrs.
2/2/2023 8 of 9 20 6 3 hrs.
3/2/20223 5 of 9 25 8 2.5 hrs.
3/30/2023 6 of 9 27 10 4 hrs.
5/4/2023 9 of 9 18 11 2 hrs.
6/1/23 8 of 9 21 8 2.5 hrs.
7/6/23 8 of 9 53 30 3.5 hrs.
8/3/2023 7 of 9 9 5 2.5 hrs.

Vacant seats: ____1___
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023

Commission: Personnel Board

Commission Secretary: Aram Kouyoumdjian

Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date

(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present

(include temporary
appointees; names are
not required)
Public Present

(names are not
required)
Public
Speakers

(names are not
required)

Meeting
Length
9-6-2022 No 7 of 7 0 0 1.5 hrs
10-3-2022 No 6 of 7 0 0 32 mins
11-7-2022 No 6 of 7 0 2 1.5 hrs
12-5-2022 No 7 of 7 0 0 37 mins
1-9-2023 No 7 of 7 0 0 1.5 hrs
2-6-2023 No 7 of 7 0 0 44 mins
3-6-2023 No 6 of 7 0 0 1 hr
4-3-2023 No 5 of 7 0 0 1 hr
5-1-2023 No 7 of 7 0 0 1 hr
6-5-2023 No 5 of 7 0 0 1 hr
7-10-2023 No 4 of 7 0 0 45 mins
8-7-2023 No 6 of 7 0 0 1.75 hrs

Vacant seats: ___2____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission:

Commission Secretary:

Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
Vacant seats: ________
(as of August 31, 2023)
Planning Commission
Grace Wu and Alisa Shen
9/7/2022 No 8 of 9 5 1 1 hr.
10/19/2022 No 8 of 8 14 9 2.25 hrs.
11/2/2022 No 8 of 8 7 7 1.5 hrs.
12/7/2022 7 of 8 12 10 2.5 hrs.
1/18/2023
No
Yes, Staff conflict with Council special meeting
2/1/2023 9 of 9 38 13 3 hrs.
3/1/2023 9 of 9 24 16 3.5 hrs.No
4/19/2023 9 of 9 24 13 2.25 hrs.No
5/3/2023 7 of 9 2 2 2.25 hrs.No
6/7/2023 8 of 9 8 8 3.5 hrs.No
7/5/2023 Yes - workflow timing
0 No

Commission: Vacant Seats: 5 of 10
Commission Secretary: (As of August 31, 2023)
Scheduled Meeting Date Cancelled? Commissioner's Present Public Present Public Speakers Meeting Length (Hours) Wednesday, September 14, 2022 No 8 18 8 2.367
Wednesday, September 28, 2022 No 7 7 2 1.583
Friday, September 30, 2022 No 6 4 1 1.417
Wednesday, October 12, 2022 No 7 13 6 2.22
Tuesday, October 25, 2022 No 8 35 11 3.63
Wednesday, November 09, 2022 No 7 26 8 4.233
Tuesday, November 15, 2022 No 7 75 33 1.717
Monday, November 21, 2022 No 7 15 7 1.967
Wednesday, December 07, 2022 No 8 15 7 3.5
Wednesday, January 11, 2023 No 7 21 4 3.033
Tuesday, January 31, 2023 No 7 10 2 2.97
Wednesday, February 08, 2023 No 6 18 3 1.583
Wednesday, February 22, 2023 No 6 20 3 3
Wednesday, March 08, 2023 No 5 1 5 2
Wednesday, March 15, 2023 No 6 11 4 2
Saturday, March 25, 2023 No 6 1 0 7.533
Wednesday, March 29, 2023 No 6 19 4 3.02
Tuesday, April 11, 2023 No 5 11 5 3.367
Wednesday, April 26, 2023 No 4 7 1 2.35
Wednesday, May 10, 2023 No 5 20 10 2.933
Wednesday, May 24, 2023 No 5 10 2 2.716
Wednesday, June 07, 2023 No 5 7 1 2.283
Friday, June 16, 2023 No 3 9 12 1.583
Wednesday, June 21, 2023 No 5 16 1 3.45
Wednesday, July 12, 2023 No 4 18 3 2.583
Monday, July 24, 2023 No 4 19 3 2.583
Tuesday, July 25, 2023 Yes* N/A N/A N/A N/A
Approved by:

Hansel A. Aguilar
Secretary & Director of Police Accountability
Hansel A. Aguilar
2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Police Accountability Board
Notes:
* - The meeting date conflicted with a regular meeting of the City Council which required PAB participation.

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Zoning Adjustments Board
Commission Secretary: Samantha Updegrave / Claudia Garcia Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/8/2022 No 7 of 9 18 9 2.5 hrs
9/22/2022 No 7 of 8 32 16 2.5 hrs
10/13/2022 No 8 of 8 41 15 1.5 hrs
12/8/2022 No 9 of 9 38 12 3.25 hrs
1/12/2023 No 8 of 8 52 18 3.5 hrs
2/9/2023 No 7 of 9 27 2 .75 hrs
2/23/2023 No 8 of 9 23 3 1 hr
3/9/2023 No 9 of 9 21 4 1.75 hrs
3/30/2023 No 7 of 9 25 17 3 hrs
4/27/2023 No 9 of 9 79 27 4.75 hrs
5/11/2023 No 9 of 9 39 29 4.25 hrs
6/8/2023 No 9 of 9 35 14 2.25 hrs
6/22/2023 No 7 of 9 7 1 1 hr
7/13/2023 Yes – no agenda items
7/27/2023 No 8 of 9 13 3 .75 hrs
8/10/2023 No 8 of 9 14 6 2.25 hrs
Vacant seats: _0_______
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Civic Arts Commission
Commission Secretary: Jennifer Lovvorn
Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/28/22 8 of 8 7 7 2.03 hrs
10/19/22 8 of 8 4 4 2.43 hrs
12/7/22 9 of 9 32 18 2.85 hrs
1/18/23 9 of 9 3 3 1.9 hrs
2/22/23 9 of 9 2 1 1.95 hrs
3/15/23 9 of 9 2 1 1.67 hrs
4/26/23 9 of 9 2 2 2.15 hrs
5/24/23 8 of 9 2 3 2.23 hrs
6/21/23 7 of 9 5 4 1.6 hrs
7/19/23 9 of 9 6 4 2.06 hrs
Vacant seats: 0
(as of August 3 1, 2023)
Exhibit 2b. Catogery B

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Commission on Aging
Commission Secretary: Tanya Bustamante
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/21/2022 No 3 of 4 0 0 2 hrs.
10/19/2022 No 3 of 4 0 0 2 hrs.
11/16/2022 No 3 of 4 4 4 2 hrs.
1/18/2023 No 4 of 5 45 5 1 hr. 50 min.
2/15/2023 No 5 of 5 2 1 2 hrs.
3/15/2023 No 4 of 5 1 0 2 hrs.
4/19/2023 No 5 of 6 1 0 2 hrs.
5/17/2023 No 6 of 7 6 5 2 hrs. 5 min.
6/21/2023 No 6 of 7 8 2 2 hrs. 10 min.
7/19/2023 No 7 of 8 9 4 2 hrs. 7 min.

Vacant seats: __1______
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Commission on Disability
Commission Secretary: Andrew Brozyna, then Thomas Gregory as of 5/15/23 Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
09/07/22 NO 2 of 3 0 3 1 hr. 18 mins.
10/05/22 YES - Jewish Holiday N/A N/A N/A N/A
10/26/22 NO 2 of 3 2 2 2 hrs. 19 mins.

No Mtg in NOV. N/A N/A N/A N/A N/A
12/21/22 YES – No Quorum N/A N/A N/A N/A
01/11/23 NO 2 of 2 4 6 2 hrs., 55 mins.
01/18/23 NO 2 of 2 18 22 3 hrs., 12 mins.
02/01/23 NO 2 of 2 5 5 2 hrs., 55 mins.
03/01/23 YES – No Quorum N/A N/A N/A N/A
No Mtg in APR. N/A N/A N/A N/A N/A
05/03/23 YES – No Quorum N/A N/A N/A N/A
06/07/23 NO 4 of 5 0 1 2 hrs., 42 mins
07/12/23 NO 3 of 5 2 2 2 hrs., 30 mins.
08/09/23 NO 3 of 5 1 1 2 hrs., 40 mins.

Vacant seats: 4
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Commission on Labor
Commission Secretary: Emily Rose, CDPC
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/21/22 No 5 of 6 2 0 1 hr.
11/16/22 Yes – no quorum
11/30/22 No 5 of 6 0 0 1.5 hrs.
1/25/23 No 6 of 6 1 1 1.75 hrs.
3/15/23 No 5 of 6 1 0 1.5 hrs.
5/17/23 No 6 of 7 1 1 2.25 hrs.
7/19/23 No 4 of 7 0 0 1.5 hrs.

Vacant seats: ___3____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Commission on the Status of Women
Commission Secretary: Okeya Vance-Dozier
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/21/2022 4 of 5 1 1 1 hr. 10 mins.
10/19/2022 3 of 4 1 hr. 50 mins.
1/18/2023 3 of 4 1 1 50 mins.
2/15/2023 5 of 5 4 0 1 hr. 34 mins.
3/15/2023 3 of 6 1 1 2 hrs. 29 mins.
4/19/2023 3 of 7 44 mins.
5/17/2023 7 of 9 1 1 2 hrs. 48 mins.
6/21/2023 Yes- posting deadline
7/26/2023 5 of 7 2 hrs. 1 min.
8/30/2023 6 of 7 3 2 2 hrs. 13 mins.

Vacant seats: ___1_____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Community Health Commission
Commission Secretary: Kellie Knox
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/22/22 No 7 0 0 2.3 hours
10/27/22 No 7 3 1 2.3 hours
11/29/22 No 6 3 3 2.75 hours
1/26/23 No 7 1 1 2.5 hours
2/23/23 No 6 0 0 2.5 hours
3/23/23 No 7 0 0 2.3 hours
4/27/23 No 7 0 0 2.5 hours
5/25/23 No 7 7 7 2 hours
6/22/23 No 4 1 1 2.2 hours
7/27/23 No 4 0 0 1.75 hours
Vacant seats: _____2___
(as of August 31, 2023)

2023 Annual Commission Attendance Rep
Reporting Period: September 1, 2022 through August 31, 2023 Commission:

Commission Secretary:

Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
Vacant seats: ________
(as of August 31, 2023)
Disaster and Fire Safety Commission
Chief Keith May
9/28/2022 7 of 8 12 3 2.5 hours
10/26/22 6 of 8 6 5 2 hours
12/7/22 5 of 8 16 4 2 hours
1/25/23 7 of 8 23 16 2.5 hours
2/22/23 4 of 6 8 3 2 hours
3/22/23 6 of 7 5 3 2.25 hours
5 of 74/26/23 4 0 2.5 hours
5/24/23 6 of 8 3 2.75
6/28/23 Rescheduled to 7/13 due to date of religious significance 7/13/23 5 of 7 3 1.5 hours
8/2/23 6 of 7 6 2 hours
2

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Environment and Climate Commission
Commission Secretary: Billi Romain
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/28/2022 No 8 of 8 5 1 2.5 hrs
10/19/2022 No 8 of 8 5 0 2.5 hrs
11/30/2022 No 9 of 9 2 1 1.25 hrs
1/18/2023 No 8 of 9 2 1 2 hrs
2/22/2023 No 9 of 9 8 0 2 hrs
3/29/2023 No 7 of 9 1 1 2 hrs
4/26/2023 No 8 of 9 0 0 1.5 hrs
5/24/2023 No 6 of 9 4 3 2 hrs
6/21/2023 No 9 of 9 3 3 2 hrs
7/19/2023 No 8of 9 2 0 1.75 hrs
Vacant seats: ___0____
(as of August 31, 2023)

2023 Annual Commission Attendance Rep
Reporting Period: September 1, 2022 through August 31, 2023 Commission:

Commission Secretary:

Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
Vacant seats: ________
(as of August 31, 2023)
Homeless Services Panel of Experts 1
Josh Jacobs

9.7.22 No 6 of 7 4 0 2 hrs.

10.12.22 No 6 of 7 5 0 2 hrs.

11.2.22 No 7 of 7 5 1 2 hrs.

1.4.23 No 6 of 7 12 0 2.5 hrs

2.1.23 No 6 of 7 11 0 2 hrs.

3.1.23 Yes, agenda posting error n/a n/a n/a n/a

3.8.23 No 5 of 7 0 0 2 hrs

4.12.23 Yes, rescheduled for guest speaker n/a n/a n/a n/a

4.18.23 No
No
8 of 9 4 2 2 hrs.

4.26.23 7 of 8 7 5 2 hrs

5.3.23 5.10.23

5.31.23 6.7.23

7.13.23 No
No
No
No
No
5 of 8 1 0 2.5 hrs
5 of 8 2 0 2 hrs
6 of 8 2 0 2 hrs.
5 of 8 3 1 2 hrs.
8 of 8 1 0 2 hrs.

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Human Welfare and Community Action Commission Commission Secretary: Mary-Claire Katz
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/21/22 Cancelled – no quorum
10/19/22 No 4 of 15 1 1 2 hrs
11/16/23 Cancelled – no quorum
1/18/23 No 5 of 15 0 0 2 hrs
2/8/23 No 3 of 15 0 0 1 hr
3/15/23 Cancelled – no quorum
4/19/23 No 2 of 15 0 0 2 hrs
5/17/23 Cancelled – no quorum
6/21/23 No 2 of 15 2 2 1 hr
7/19/23 Cancelled – no quorum
9/23/23 Cancelled – no quorum
Vacant seats: 13
(as of August 3 1, 2023)

2023 Annual Commission Attendance Rep
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Mental Health Commission
Commission Secretary: Jamie Works-Wright
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/23/22 No 6 of 8 18 0 1 hr. 53 min
10/28/22 No 6 of 9 13 7 2 hrs. 10 min
1/28/23 No 7 of 9 3 2 4 hrs. 08 min
2/23/23 No 6 of 8 4 1 1 hr. and 57 min
3/16/23 No 6 of 8 0 2 1 hr. 51 min
4/20/23 No 6 of 8 2 2 2 hrs.
5/18/23 No 6 of 8 2 1 1 hr. 49 min
6/15/23 No 5 of 8 3 4 2 hrs. 6 min
7/20/23 No 5 of 7 4 2 1 hr. 55 min
Vacant seats: 6
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Parks, Recreation, and Waterfront
Commission Secretary: Roger Miller
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/14/2022 7 of 9 15 10 2.5 hrs
10/12/2022 7 of 9 5 4 2.0 hrs
11/9/2022 6 of 9 13 7 2.0 hrs
12/14/2022 9 of 9 7 5 3.0 hrs
1/11/2023 7 of 9 11 12 3.0 hrs
2/8/2023 8 of 9 7 3 2.0 hrs
3/8/2023 7 of 9 11 7 2.5 hrs
4/12/2023 8 of 9 45 18 3.5 hrs
5/10/2023 9 of 9 12 13 3.0 hrs
6/21/2023 7 of 8 8 10 2.5 hrs
7/12/2023 9 of 9 24 17 2.5 hrs
Aug ’23 – not scheduled
Vacant seats: __0_____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Peace and Justice
Commission Secretary: Okeya Vance-Dozier
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/19/2022 7 of 9 3 3 2 hrs. 5 mins
10/17/2022 7 of 9 5 2 2 hrs. 20 mins.
11/7/2022 9 of 9 3 2 2 hrs. 20 mins.
1/9/2023 8 of 9 3 3 3 hrs. 10 mins.
2/6/2023 6 of 8 2 2 3 hrs
3/6/2023 7 of 8 0 0 2.5 hrs.
4/17/2023 Yes- schedule conflict
5/1/2023 5 of 7 3 2 1 hr. 45 mins.
6/5/2023 3 of 5 1 1 2 hrs. 45 mins.
7/10/2023 Yes- schedule conflict
Vacant seats: __10___
(as of August 3 1, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission Secretary: Roberto Terrones
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled
Meeting Date
(include both regular
and special
meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names
are not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
09/15/2022 No 7 of 8 0 0 1.92 hrs.
10/20/2022 No 5 of 8 6 0 1.82 hrs.
11/17/2022 No 6 of 8 0 0 2.0 hrs.
01/19/2023 No 7 of 8 0 0 1.88 hrs.
02/16/2023 No 5 of 5 0 0 1.5 hrs.
03/02/2023
(Special)
No 5 of 7 1 0 1.3 hrs.
03/16/2023 No 2 of 4 0 0 0.58 hrs.
04/20/2023 No 4 of 6 0 0 1.25 hrs.
05/18/2023 No 5 of 6 0 0 1.75 hrs.
06/05/2023
(Special)
No 5 of 6 0 0 2.0 hrs.
06/15/2023 Yes; Cancelled in order not to
exceed maximum number of
Commission meetings per year.

N/A N/A N/A N/A
07/20/2023 Yes; Cancelled in order not to
exceed maximum number of
Commission meetings per year.

N/A N/A N/A N/A
Vacant seats: ___4_____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Transportation and Infrastructure Commission Commission Secretary: Hamid Mostowfi, Ron Nevels
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9-15-22 No 8 of 8 5 4 2:30
10-22-22 No 6 of 8 30 8 3:40
11-17-22 No 8 of 8 0 0 3:15
December 2022 No meeting scheduled n/a n/a n/a n/a
1-19-23 No 9 of 9 101 58 5:50
2-16-23 No 9 of 9 5 3 3:00
3-16-23 No 8 of 9 3 2 2:40
4-20-23 No 9 of 9 3 2 2:30
5-18-23 No 8 of 9 6 2 2:50
6-15-23 No 9 of 9 6 3 3:05
7-20-23 No 7 of 9 1 1 2:50
Vacant seats: _0_____
(as of A ugust 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Youth Commission
Commission Secretary: Ginsi Bryant
Example:

Scheduled Meeting
Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/12/22 No 5 of 5 0 30 min
10/11/22 No 4 of 5 3 1hr 21 min
11/14/22 No 3 of 5 1 40 min
12/12/22 No 4 of 5 2 56 min
1/9/23 No 5 of 6 0 56 min
2/14/23 No 6 of 6 1 44 min
3/13/23 No 6 of 7 0 40 min
4/10/23 No 7 of 8 0 38 min
5/8/23 No 8 of 9 2 27 min
June – No Meeting
July- No Meeting
August – No Meeting
Vacant seats: ___4___
(as of August 3 1, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Zero Waste Commission
Commission Secretary: Julia Heath (effective Jan 2, 2023) Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
(include both
regular and special
meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/26/2022 Yes – Rosh Hashanah
10/24/2022 7 of 7 11 0 1 hrs
11/29/2022 6 of 7 5 1 2 hrs
1/24/2023 5 of 6 9 5 2 hrs
2/28/2023 6 of 6 9 5 2 hrs
3/28/2023 6 of 7 5 5 2 hrs
4/25/2023 5 of 7 5 6 2 hrs
5/23/2023 5 of 7 7 3 2 hrs
6/27/2023 6 of 8 5 2 2 hrs
7/25/2023 6 of 8 5 1 2 hrs
August – no
meeting
Commission on recess
Vacant seats: 1
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Elmwood Business Improvement District Advisory Board Commission Secretary: Kieron Slaughter
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/30/2022 2 0.5 hrs
9/8/23 4 1 1 hrs
Vacant seats: ____6____
(as of August 31, 2023)
Exhibit 2c. Category C

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Loan Administration Board
Commission Secretary: Kieron Slaughter
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
9/8/2022 5 3 3 1.5 hrs
1/31/23 6 0.5 hrs
3/29/23 3 0.75 hrs
Vacant seats: ____5____
(as of August 31, 2023)

2023 Annual Commission Attendance Report
Reporting Period: September 1, 2022 through August 31, 2023 Commission: Solano Business Improvement District
Commission Secretary: Vincent McCoy
Example:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present Public Present
Public
Speakers
Meeting
Length
10/10/2022 No 8 of 9 5 3 2.5 hrs.
1/19/2023 Yes – no quorum 9 of 9 3 1 3 hrs.

Scheduled Meeting
Date
(include both regular and
special meetings)
Cancelled?
If Yes, Provide Reason
Commissioners
Present
(include temporary
appointees; names are
not required)
Public Present
(names are not
required)
Public
Speakers
(names are not
required)
Meeting
Length
09/22/2022 No 3 of 3 Yes No 30 minutes
04/25/2023 No 3 of 3 Yes No 35 minutes
06/27/2023 No 4 of 4 Yes No One hour
08/29/2023 No 4 of 4 Yes No 95 minutes
Vacant seats: __5_____
(as of August 31, 2023)

Approved Leaves of Absence Granted During the Period
September 1, 2022 - August 31, 2023
Commission # Leaves granted
Board of Library Trustees 0
Civic Arts Commission 1
Commission on Aging 6
Commission on Disability 1
Commission on Labor 2
Commission on the Status of Women 5
Community Health Commission 11
Design Review Committee 0
Disaster and Fire Safety Commission 6
Elmwood Business Improvement District Advisory Board 1
Environment and Climate Commission 8
Fair Campaign Practices Commission 2
Homeless Services Panel of Experts 3
Housing Advisory Commission 8
Human Welfare and Community Action Commission 1
Landmarks Preservation Commission 14
Loan Administration Board 2
Mental Health Commission 0
Open Government Commission 0
Parks, Recreation and Waterfront Commission 15
Peace and Justice Commission 8
Personnel Board 7
Planning Commission 7
Police Accountability Board 5
Solano Avenue Business Improvement District Advisory Board 0 Sugar-Sweetened Beverage Product Panel of Experts 5
Transportation and Infrastructure Commission 6
Youth Commission 1
Zero Waste Commission 10
Zoning Adjustments Board 10

Office of the City Manager

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Environment and Climate Commission – Appointment of New Youth Members

RECOMMENDATION
Adopt a Resolution appointing two youth members to the Environment and Climate Commission recommended by the Berkeley Unified School District Board of Directors.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
At the March 14, 2023 City Council meeting, the Council adopted Ordinance No. 7,856 N.S. amending Berkeley Municipal Code Chapter 3.82 to modify the membership and appointment procedures for the Environment and Climate Commission (ECC) to add two youth members.

Ordinance No – 7,856 N.S. states:

Two members of the Commission shall be appointed by the Berkeley City Council as a body with candidates recommended by the Berkeley Unified School District Board of Directors and subject to the following:

1. The following desirable criteria may guide, but not restrict, the Council in appointing candidates to the Commission:
(i) Appointees to be residents of the City;
(ii) Appointees to be between the ages of sixteen and twenty-five;

2. Appointees shall have demonstrated commitment or interest in the areas outlined in Section 3.82.040.

Environment and Climate Commission – Appointment of New Youth Members CONSENT CALENDAR November 28, 2023
Currently, the two youth commissioner positions are vacant on the ECC. The Berkeley Unified School District Board of Directors has recommended Mabel Athanasiou and Shanza Syed as eligible youth appointees for the ECC. They meet the eligibility criteria in the City Charter and may be appointed by a majority vote of the Council.

Commissioner Nominated By
Vacant (Youth) Council
Vacant (Youth) Council
Igor Tregub Mayor Arreguin
Sarah Ranney Councilmember Kesarwani
Marc Hedlund Councilmember Taplin
Brianna McGuire Councilmember Bartlett
Daniel Tahara Councilmember Harrison
Shannon Allen Councilmember Hahn
Leslie (Les) Guliasi Councilmember Wengraf
Cecilia Lunaparra Councilmember Robinson
Vacant Councilmember Humbert

BACKGROUND
All applicants are reviewed and their eligibility is verified by city staff against the requirements of the Municipal Code.

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

RATIONALE FOR RECOMMENDATION
The appointment is provided for by the Municipal Code and pursuant to the nominations submitted by the Berkeley Unified School District Board of Directors.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS
1: Resolution
2: Commission Applications for Mabel Athanasiou and Shanza Syed

Environment and Climate Commission – Appointment of New Youth Members CONSENT CALENDAR November 28, 2023
RESOLUTION NO. -N.S.

APPOINTMENT OF MABEL ATHANASIOU AND SHANZA SYED TO THE

ENVIRONMENT AND CLIMATE COMMISSION
WHEREAS, Ordinance No. 7,856 N.S. was adopted on March 14, 2023 by the City Council amending Berkeley Municipal Code Chapter 3.82 modifying membership and appointment procedures for the Environment and Climate Commission; and WHEREAS, Berkeley Municipal Code Chapter 3.82 creates two youth member seats on the Commission, which are appointed by the Berkeley City Council as a body with candidates recommended by the Berkeley Unified School District Board of Directors; and WHEREAS, the Berkeley Unified School District Board of Directors submitted recommendations for appointment by the full council; and NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the following applicants are hereby appointed to the Environment and Climate Commission:

Nominee Nominated By
Mabel Athanasiou Berkeley Unified School District Board of Directors Shanza Syed Berkeley Unified School District Board of Directors

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

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract No. R9704 Amendment: City of Albany for Animal Services

RECOMMENDATION
Adopt a resolution authorizing the City Manager to amend an existing contract number R9704 and any amendments with the City of Albany to provide certain animal care services for which the City of Albany will pay the City of Berkeley $291,019 for services performed from FY2024 through FY2026, for a new not to exceed amount of $945,512.

FISCAL IMPACTS OF RECOMMENDATION
The FY2023 budget currently reflects revenues of $88,445 from the City of Albany for animal care services. The City of Berkeley ‘s estimated cost of providing shelter operations and field service for the City of Albany for FY2024 is $88,445, FY2025 is FY2024 rate plus $5,000 plus the 5-year CPI average of 3.7% for a total of $96,902, and FY2026 is FY2025 rate plus $5,000 plus the 5-year CPI average of 3.7% for a total of $105,672, for a total NTE of $291,019 for the three year period, and for a new NTE total contract amount of $945,512. The City of Albany will reimburse the City of Berkeley for these additional estimate costs, and revenues will be deposited into the General Fund account (010-0704-345-4206).

CURRENT SITUATION AND ITS EFFECTS
The City of Berkley has provided certain animal care services to the City of Albany for many years. The current contract between the City of Berkeley and the City of Albany expires on 12/31/2023, which now gives the City an opportunity to renegotiate the terms of the contract to cover the additional estimated costs.

Upon request by the Albany Police Department, the City of Berkeley performs the following services:

1. Quarantine biting animals.

2. Hearing for vicious and dangerous dogs

3. Impound stray domestic animals, at large or confined.

4. Rescue and seek veterinary treatment for injured animals.

5. Collect and dispose of deceased animals.

Animal Services Contract with the City of Albany CONSENT CALENDAR NOVEMBER 28, 2023
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

6. Investigate, quarantine and report upon vicious animals endangering the public or causing a traffic hazard.

7. Ensuring that a dog or cat that is not sprayed or neutered that is impounded shall be sprayed or neutered at the owner/guardian’s expense before being returned to the owner or/guardian, per the provisions of Albany Municipal Code Section 10-4.6, and that the City Administrator designates City of Berkeley Animal Control Supervisor as the Hearing Officer per AMC Section 10-4.6(D).

The City of Berkeley also provides the following shelter services to impounded City of Albany animals:

1. Veterinary attention when deemed necessary by the City of Berkeley.

2. The orderly and humane administration of euthanasia of animals not adopted, redeemed or otherwise transferred from the custody of the Berkeley animal shelter.

3. The disposal of deceased animals.

The City of Berkeley is responsible for maintaining current and accurate records of all animals received in or from the City of Albany.

BACKGROUND
The city of Albany does not have its own Animal Shelter nor does it employ Animal Control Officers and therefore requires assistance in providing care and shelter for small animals within its City that are in need by reason of accident, sickness or being lost, stray or abandoned. In 2022, the City of Berkeley Animal Care Services handled 1562 live animals 4% of these animals came from Albany. That same year, 189 dead animals were collected for disposal 4% were from Albany. Berkeley Animal Care Officers spend approximately 14 hours each week working for Albany, and the manager investigates and holds hearings for potentially vicious and dangerous dogs from Albany.

RATIONALE FOR RECOMMENDATION
The City of Berkeley is well equipped to and capable of providing the services outlined above for the City of Albany.

ALTERNATIVE ACTIONS CONSIDERED
None

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

CONTACT PERSON
Michael St. Pierre, Animal Care Services Manager, 510-981-6603.

Animal Services Contract with the City of Albany CONSENT CALENDAR NOVEMBER 28, 2023
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 Attachments:

1. Resolution

2. Amendment to Contract

ATTACHMENT 1
RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE CITY MANAGER TO AMEND EXISTING CONTRAT NO. R9704

AND ANY AMMENDMENTS WITH THE CITY OF ALBANY FOR ANIMAL CARE SERVICES FOR FY2024-FY2026 IN THE AMOUNT OF $291,019, FOR A NEW NOT TO EXCEED (NTE) TOTAL CONTRACT AMOUNT OF $945,512.

WHEREAS, The City of Albany requires field services and law enforcement for animal matters in their jurisdiction: and
WHEREAS, The City of Albany requires assistance in providing care and shelter for small animals within its City that are in need by reason of accident, sickness or being lost, stray or abandoned: and
WHEREAS, The City of Berkeley is well equipped to and capable of providing these services to the City of Albany.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to amend Contract No. R9704 and execute any necessary amendments thereafter with the City of Albany for animal care services for FY2024- FY2026 in the amount of $291,019, for a new Not to Exceed (NTE) total contract amount of $945,512.

ATTACHMENT 2
Contract# R9704 (ERMA# 42100009)

AMENDMENT TO CONTRACT
THIS CONTRACT is entered into on July 1, 2023 between the CITY OF BERKELEY ("City"), a Charter City organized and existing under the laws of the State of California, and the City of Albany ("Contractor") a Charter City, doing business at 1000 San Pablo Avenue, Albany CA 94706.

WHEREAS, City and Contractor previously entered into Contract Number R9704 (ERMA# 42100009), dated July 1, 2014, which Contract was authorized by the Berkeley City Council and the City Manager of the City of Berkeley.

WHEREAS, on July 1, 2017, both parties agree to amend Exhibit B to incorporate pricing for various urgent projects, by Contract Amendment Number A3IWC, by the Berkeley City Council by Resolution No. 67,987-N.S., and
WHEREAS, on July 1, 2020, both parties agree to amend Exhibit B to incorporate pricing for various urgent projects, by Contract Amendment Number R9704A, by the Berkeley City Council by Resolution No. 69,423-N.S., and
WHEREAS, on May 25, 2023, the City Manager of the City of Berkeley written an extensions letter to extend the term of the contract from June 30, 2023 to December 31, 2023 WHEREAS, on November 28, 2023, by Resolution No.-------N.S., the Berkeley City Council authorized amendment of said Contract as set forth below.

THEREFORE, City and Contractor mutually agree to amend said Contract as follows:

1. Section 2 is amended to read as follows:

PAYMENT
For services referred to in Exhibit A, Scope of Services. The City of Albany shall pay the City of Berkeley for all services rendered under the agreement and additional amount of $88,445 for FY 2024, for FY2025 is FY2024 rate plus $5,000 plus the 5-year CPI average of 3.7% for a total of $96,902, and for FY2026 is FY2025 rate plus $5,000 plus the 5-year CPI average of 3.7% for a total of $105,672, for a total NTE of $291,019 for the three year period, and for a new NTE total contract amount of $945,512, regardless of fees and charges of any kind, which the City of Berkeley receives pursuant to the aforementioned schedule for animal shelter services.

2. Section 3.a. is amended to read as follows:

TERM
This Contract shall begin on July 1, 2023 and end on June 30, 2026. The City Manager of the City of Berkeley may extend the term of this Contract by giving written notice.

3. Further, this Contract is amended to include the following language regarding the City’s Sanctuary Contracting Ordinance:

SANCTUARY CITY CONTRACTING
Contractor hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Contractor agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include:
i. The City’s computer-network health and performance tools; ii. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer- based activity.

In all other respects, the Contract dated July 1, 2014 shall remain in full force and effect.

IN WITNESS WHEREOF, City and Contractor have executed this Contract as of the date written in the first paragraph of this Contract.

CITY OF BERKELEY
By_____________________
City Manager
THIS CONTRACT HAS BEEN Registered on behalf of the City Auditor by:

APPROVED AS TO FORM BY

THE CITY ATTORNEY FOR
THE CITY OF BERKELEY _______________________________
02/2022 Finance Department
Attest:
____________________________
Deputy City Clerk

CONTRACTOR
________________________________
Name (Printed)
By________________________________
Signature and Title

EXHIBIT B

PAYMENT
GENERAL: Contract Amendment is $288,978 for services between FY2024 and FY2026, for a new Not to Exceed (NTE) total contract amount of $945,512.

BILLING: The City of Berkeley shall invoice the City of Albany by July 31st of each calendar year and the invoice shall be due and payable to the City of Berkeley by August 31st of each calendar year.

INVOICES: The City of Berkeley shall email invoices to [email protected] and cc’ [email protected] and mail invoices to the address mentioned below by reference contract number R9704.

City of Albany
Attn: Jon Clowes
1000 San Pablo Avenue
Albany, CA 94706
Email: [email protected]
Phone: 510-528-5710
PAYMENTS: The City of Albany shall make payment to the City of Berkeley by August 31st of each calendar year.

City of Albany
Proposed Budget Request
FY2024-FY2026
City of Berkeley Animal Care Services
Shelter Operations Costs and Field Services per year
Animal Services Assistants (2 + benefits) $263,595
Animal Food $21,769.30
Vet Fees $254,040.18
Miscellaneous Supplies $59,835.44
$599,239.92 x 4% = $23,969.60
Dead Disposal $20,400 x 4% = $816
Overhead
Clerk Salary (1 +benefits) $140,073
Water $24,920.52
Gas/Electricity $52,100
Facilities maintenance $57,622.41
Refuse $9,000
$283,715.93 x 4% = $11,348.64
Field Services
Vehicle Replacement $23,873.40
Truck Fuel & Maintenance $23,643
Field Supplies $8,258.18
$55,774.18 x 6% = $3,346.45

Animal Control Officer @ $67.34 x 14 hrs/wk x52 = $49,023.52 Manager as hearing officer for V&D dogs @ $132.22 x 0 hrs = $0 = $88,504.21
TOTAL FY2024 = $88,445
TOTAL FY2025 = $96,902
TOTAL FY2026 = $105,672
TOTAL FY2024 - FY2026 = $291,019

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

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract: Echo Cartagena, DVM to Provide On-site Relief Veterinary Coverage for Berkeley Animal Care Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Echo Cartagena, DVM, for temporary, on-site veterinary services for Berkeley Animal Care Services (BACS) for January 2024 to June 2024, which establishes a contract in an amount not to exceed $60,750.

FISCAL IMPACTS OF RECOMMENDATION
Berkeley Animal Care Services contracts with a Doctor of Veterinary Medicine (DVM) to provide veterinary services three days per week onsite at the Dona Spring Animal Shelter. This contract will be for six months, from January 11, 2024, to June 30, 2024, while our current contracted veterinarian is on maternity leave. The total contract cost of $60,750 will be appropriated into the Animal Services’ budget as part of the First Amendment to the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Orsolya Kuti, DVM, has been the contracted veterinarian with Berkeley Animal Care Services since 2020. In 2021, Council approved increasing Dr. Kuti’s hours from 16 to 24 per week, recognizing the growing need for care at the shelter. Beginning January 2024, Dr. Kuti will be on a 6 month leave/ The purpose of this proposed contract is to provide relief veterinary services during that time.

BACS is a full-service municipal animal care and control agency, enforcing local and state laws throughout the City of Berkeley (COB), the City of Emeryville, and the City of Albany. BACS is also contracted to shelter animals for the city of Piedmont. BACS is an open-admission facility on track to accept 2,000 stray and homeless animals in 2023, the most intakes since 2017.

BACS has a constant influx of animals that need veterinary care, treatment, and spay/neuter services. The BACS shelter is open to the public seven days a week to receive stray, surrendered, and confiscated animals. Additionally, field services are provided seven days a week, during which Animal Control Officers impound stray, surrendered, and confiscated animals. Many animals arrive at the shelter sick or injured

Contract: Cartagena, Echo, DVM for On-site temporary veterinary services CONSENT CALENDAR November 28, 2023
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 and need immediate veterinary care. On-site veterinary services include but are not limited to examining and diagnosing shelter animals, treating sick or injured animals, performing spay/neuter surgeries, and performing other routine surgeries.

To prevent unnecessary euthanasia and to maintain the current high live release rate above 90%, sick or injured animals must obtain necessary treatment so that they have a much better chance of rescue or adoption.

BACKGROUND
We contacted several veterinarians about the temporary position, and there were four responding veterinarians to consider. Echo Cartagena, DVM, is the recommended choice from among the respondents due to her shelter medicine and surgery experience.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Echo Cartagena is a local veterinarian who has practiced veterinary medicine since 2010 and is well respected for her work in shelter medicine and as a spay/neuter surgeon. Dr. Cartagena can be consistently available to the animal shelter and provide a wide range of general and specialized services at an hourly rate consistent with the local market.

If the recommendation is not approved, the city will be unable to provide essential veterinary care services at Berkeley animal shelter, such as State and Berkeley Municipal Code-mandated spay and neutering for stray or adopted animals; prescription or use of medication or anesthesia; and suturing of wounds. All necessary procedures would likely be referred to an emergency vet clinic, which is prohibitively expensive.

ALTERNATIVE ACTIONS CONSIDERED
An alternative to engaging in a contract with Dr. Cartagena is to outsource all veterinary services to local veterinarians and hospitals. Berkeley Animal Care Services performed 350 spay or neuter surgeries 2023 from January 11 to June 30. We have a contract with Animal Fix Clinic, a high-volume spay and neuter clinic in Richmond, where we have five standing appointments every Monday for community or shelter animals to be altered at the much-reduced cost of $200 per animal. If we could use Animal Fix Clinic for all needed spays and neuters at the shelter, the cost would be $70,000, nearly $10,000 more than Dr. Cartagena’s contract, and we would still need to contract out non-surgical care for an even higher cost. Therefore, this alternative action is not recommended.

CONTACT PERSON
Mike St. Pierre, Animal Services Manager, (510) 981-6603

Contract: Cartagena, Echo, DVM for On-site temporary veterinary services CONSENT CALENDAR November 28, 2023
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 Attachments:
1: Resolution

ATTACHMENT 1
RESOLUTION NO. ##,###-N.S.

CONTRACT: ECHO CARTAGENA, DVM, FOR ONSITE VETERINARY

SERVICES FOR BERKELEY ANIMAL CARE SERVICES
WHEREAS, BACS has a constant influx of animals that need to receive immediate and affordable veterinary care and treatment; and
WHEREAS, sick or injured animals that obtain necessary procedures and/or treatment/s have a much better chance of rescue or adoption; and
WHEREAS, to prevent unnecessary euthanasia and to maintain the City’s current high live release rate above 90%, sick or injured animals must obtain necessary treatment so that they have a much better chance of rescue or adoption.

WHEREAS, it is necessary to provide veterinary care and oversight on the premises for 16-18 hours per week; and
WHEREAS, Dr. Echo Cartagena submitted a highly qualified bid to provide on-site veterinary services at the Dona Spring Animal Shelter; and WHEREAS, the contract will be funded by approved AAO1 funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to establish a contract and any necessary amendments with Dr. Echo Cartagena, DVM, for on-site veterinary services for Berkeley Animal Care Services (BACS). The contract will be for $125 per hour for January 11, 2024, to June 30, 2024, with a total amount not to exceed $60,750.

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

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 28, 2023

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $6,880,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Sacramento Street
Pedestrian Safety
Project: Oregon Street
to Fairview Street
306
135
130
State Capital Grants
Measure BB – Bike & Ped
Measure B – Local Streets & Roads
$880,000
Berkeley Marina
Dredging Project
606 State Coastal Conservancy Grant Fund $6,000,000
Total: $6,880,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council November 28, 2023 Approval on November 28, 2023
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 28, 2023
a. Sacramento Street Pedestrian Safety Project: Oregon Street to Fairview Street b. Berkeley Marina Dredging Project
Note: Original of this attachment with approval of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: NOVEMBER 28, 2023
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11643-C Sacramento Street
Pedestrian Safety
Project: Oregon
Street to Fairview
Street
2/1/2024 2/27/2024 Pedestrian Safety Improvements  $880,000 (includes 10% construction
contingency)
Breakdown below:
$250,000
$146,051 (includes
$36,005 for
construction
contingency)
$483,949 (includes
$43,995 for
construction
contingency)
ERMA project code:
(PWTRBP2202)
306 State Capital Grants:
306-54-622-668-0000-
000-431-665110-
135 Measure BB Bike &
Ped:
135-54-622-668-0000-
000-431-665110-
130 Measure B Local
Streets & Roads:
130-54-622-668-0000-
000-431-665110-
Public Works – Transportation
DEPT. TOTAL $ 880,000.00
24-11644-C Berkeley Marina
Dredging Project
12/5/2023 1/9/2024 Project consists of maintenance
dredging at the Berkeley Marina
harbor and entrances, which will
provide unimpeded access to the
Berkeley Marina for vessels of all
sizes and depths, even during low
tide conditions
$6,000,000
606-52-545-000-0000-
000-461-663110-
PRWWF22002
PRW/Waterfront Nelson Lam
981-6395
DEPT. TOTAL $ 6,000,000.00
TOTAL $ 6,880,000.00
1 of  1

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

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Revenue Grant Agreement: Funding Support from Alameda County to Provide Public Health Nursing Services for Foster Care Children/Youth

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to provide public health nursing services for the Alameda County Foster Care Program, Services to Enhance Early Development (SEED) in the projected total amount of $673,179 for July 1, 2023 to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the estimated total amount of $673,179 from Alameda County for the period FY 2024 through FY 2026, receiving $224,393 for each fiscal year. The contract will be assigned a contract number and the revenue deposited in Fund 326 (Health Fund). $224,393 will be recommended for appropriation through the second amendment in the FY2024 Appropriations Ordinance in the Health Fund (Fund 326). Funding in the amount of $224,393 per fiscal year will be subject to appropriation in the FY2025 through FY2026 budgets in the Health Fund (Fund 326) for a projected total amount $673,179 for July 1, 2024 to June 30, 2026.

Spending of these grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances each fiscal year. There is no local match required for this grant.

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health program services to the community, with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death.

The Foster Care grant serves a specific purpose in the Department’s work towards improving the health of our community. The Foster Care Program, which includes Early

Revenue Grant Agreement: Funding Support from Alameda County CONSENT CALENDAR to Provide Public Health Nursing Services for Foster Care Children/Youth November 28, 2023

Periodic Screening, Diagnosis, and Treatment (EPSDT) services, assures access to complete health assessments for the early detection and prevention of disease and disabilities for low-income children and youth in the foster care system. The County Foster Care grant is a long standing multidisciplinary collaborative partnership through the County Department of Children and Family Services and Public Health Nursing (PHN).

Public Health Nursing services include health consultation, service provision, liaison services and the creating and keeping of medical passports/records for the children/youth in the PHN’s caseload.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City is entitled to specific funding from Alameda County to meet core public health objectives. The Division is committed to providing essential services to the community to prevent the spread of disease and to promote healthy environments.

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

RATIONALE FOR RECOMMENDATION
These funds support vital services related to our mandates as a public health jurisdiction and local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. This non-competitive grant supports the Department’s mission and provides the City with funding to continue working to protect and improve the health of the community.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action consistent with the City’s goals of advancing public health and social and racial equity.

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS, (510) 981-5121 Attachments:

1. Resolution

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE FOSTER CARE

PROGRAM TO PROVIDE PUBLIC HEALTH NURSING SERVICES FOR CHILDREN IN

FOSTER CARE PROGRAMMING
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/ PHD), is committed to assuring access to complete health assessments for the early detection and prevention of disease and disabilities for low- income children and youth including children in the foster care system; and WHEREAS, HHCS provides a broad range of needed public health program services to the community; and
WHEREAS, HHCS works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, HHCS seeks to achieve health equity; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to accept Alameda County funding for fiscal years 2024 through 2026 for the Foster Care Program, Services to Enhance Early Development (SEED): to provide Public Health Nursing services for low-income children and youth including children in the foster care system; execute any resultant revenue agreements; and conduct the services and appropriation of funding in the estimated amount of $673,179 for July 1, 2023 to June 30, 2026 for related expenses. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to enter into a lease for 830 University with Berkeley Free Clinic.

FISCAL IMPACTS OF RECOMMENDATION
Berkeley Free Clinic will pay $2,000 per month in facility costs for the duration of the lease. Revenue will be deposited into Fund 673, a building maintenance fund, so that these funds can be available for maintenance and repairs to this historic building.

CURRENT SITUATION AND ITS EFFECTS
The Council approved a lease with Lifelong Medical Care (Lifelong) on September 19 and October 5, 2023 with Ordinance 7,887. Lifelong will operate a Trust Clinic at the site with the primarily intent to provide culturally responsive healthcare services for people experiencing homelessness.

Berkeley Free Clinic will be losing the site that they have occupied for years, due to redevelopment plans at that property, and proposes to relocate their services to 830 University as well. The Berkeley Free Clinic is a worker-run collective that works to ensure that comprehensive, private health services are available to everyone.

Lifelong and Berkeley Free Clinic worked together to plan for use of the building, and will enter into an agreement regarding mutual responsibilities for this project prior to executing this lease. They are planning to make limited interior updates and renovations. This lease will run for five years with an option to renew.

BACKGROUND
The City has owned and operated the building at 830 University as a public health clinic since 1916. Ann Chandler (1941-2012) was a director of the Alameda County Public Health Laboratory for 25 years and a Berkeley City Council member from 1984 to1992.

She backed the creation of a teen health clinic at Berkeley High School, advocated for people with HIV/AIDS, pressed for increased TB testing, and expanded mental health services, and the facility was named after her (the Ann Chandler Public Health Center).

Authorizing a Lease of 830 University Avenue CONSENT CALENDAR to Lifelong Medical Care November 28, 2023

In recent years the Department of Health, Housing, and Community Services Public Health Division (HHCS/PH) operated out of this site. Services included sexual and reproductive health, immunizations, Black Infant Health, and the Women, Infant, and Children (WIC) nutrition program. With changes in health insurance provision and benefits, demand for services decreased at this clinic over time. In 2022, HHCS/PH consolidated its sexual and reproductive health services at the High School Health Center and moved other services to the West Berkeley Family Center at 1900 Sixth Street, with a goal of creating a welcoming environment for children and families.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts associated directly with the subject matter of this report.

RATIONALE FOR RECOMMENDATION
Leasing the 830 University site to Berkeley Free Clinic and Lifelong will ensure that a robust array of health care services, reaching both people experiencing homelessness and people who are not well-served or served at all by other health care options, will continue to be available in Berkeley. Berkeley Free Clinic and Lifelong will expand and carry on Berkeley’s more than 100 year tradition of providing health services at this site.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify another use of the site which would continue the legacy of the Ann Chandler Health Center and make full use of a site designed for clinic services.

CONTACT PERSON
Amy Davidson, Deputy Director, HHCS, 510-981-5406
Attachments:
1: Ordinance
Exhibit A: Lease by and between City of Berkeley and Berkeley Free Clinic

ORDINANCE NO. -N.S.

LEASING THE ANN CHANDLER HEALTH CENTER AT 830 UNIVERSITY

TO BERKELEY FREE CLINIC
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS:

1. The City of Berkeley acquired 830 University Avenue in 1933 for use as a health clinic.

2. The Department of Health, Housing, and Community Services’ Public Health Division ceased operating clinic services in 830 University Avenue in early 2023.

3. Berkeley Free Clinic has proposed to move their current operations to this location.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A LEASE FOR 830 UNIVERSITY.

The City Manager is hereby authorized to enter into a five-year lease agreement with the option for a five-year extension with Berkeley Free Clinic for real property located at 830 University and known at the Ann Chandler Health Center. Such lease shall be on substantially the terms set forth in Exhibit A.

Section 3. 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.

LEASE
By and Between

CITY OF BERKELEY
a Charter City organized and existing under the laws of the State of California ("Landlord")
and

BERKELEY COMMUNITY HEALTH PROJECT DBA BERKELEY FREE CLINIC a non-profit corporation
("Tenant")
Dated:_________________, 2023

i

TABLE OF CONTENTS
Page
[TOC]

EXHIBITS
Exhibit A-1 Legal Description of Property
Exhibit A-2 Depiction of the Premises
Exhibit B May 20, 2022 Building Inspection Report by E. A. Davidovits & Co., Inc.

LEASE

BASIC LEASE INFORMATION

1. Landlord: City of Berkeley, a Charter City organized and existing under the laws of the State of California
2180 Milvia Street, 2nd Floor
Berkeley, CA 94704
Attn: Deputy Director, Health, Housing, and Community Services Telephone: 510-981-5400

2. Tenant: Berkeley Community Health Project dba Berkeley Free Clinic, a non- profit corporation
2339 Durant Avenue
Berkeley, CA 94704
Phone: 510-548-2570

3. Effective Date: _______________, 2023

4. Premises: Approximately ten thousand (10,000) rentable square feet of space in the building commonly known and referred to as 830 University Avenue, Berkeley, California 94710 (the "Premises").

5. Permitted Uses: Medical office and clinical operations to serve low income and unhoused residents of the City of Berkeley. Any other associated or related legal uses shall be permitted.

6. Initial Term: Five (5) years, commencing as of the "Commencement Date " as that term is defined in the Lease.

7. Rent: In lieu of base rent, a monthly Maintenance Fee of two thousand dollars ($2,000) (hereinafter “Maintenance Fee” or “Rent”) shall be paid due during the Initial Term and during any Additional Term.

The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. In the event of any conflict between the Basic Lease Information and terms of the Lease, the terms of the Lease shall control.

LANDLORD'S INITIALS_______ TENANT'S INITIALS_______

1 LEASE
This Lease Agreement ("Lease") is made and entered into as of the effective date specified in Section 3 of the Basic Lease Information, above ("Effective Date"), by and between City of Berkeley, a Charter City organized and existing under the laws of the State of California ("Landlord" or "City"), and Berkeley Community Health Project dba Berkeley Free Clinic, a non-profit corporation ("Tenant").

1. PREMISES.

1.1. Premises. Landlord is the owner of the land parcel(s) on which the Premises are located (the "Property"). A legal description of the Property is attached hereto and incorporated by reference as Exhibit A-1. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises together with Tenant Improvements (defined below), if any. A drawing depicting the general location and layout of the demised Premises is attached hereto and incorporated by reference as Exhibit A-2. Any improvements or alterations existing in the Premises, or otherwise constructed by Tenant or on Tenant's behalf therein pursuant to Section 9 of this Lease are referred to in this Lease as "Tenant Improvements."

1.2. Commencement Date: [ ], 2023

1.3. Delivery Condition. Except as otherwise expressly provided, Tenant shall accept the Premises "as is."

1.4. Premises Name. Tenant acknowledges that the Premises has been known as the Ann Chandler Public Health Clinic, and agrees that any name Tenant gives to its operations at the Premises shall include the term "Ann Chandler." By way of example, Tenant may use the name "Berkeley Free Clinic at the Ann Chandler Health Center."

2. TERM.

2.1. Initial Term. The "Initial Term" of this Lease shall be as set forth in Section 6 of the Basic Lease Information and shall commence as of the Commencement Date set forth in Section 1.2 of the Lease. The Initial Term together with any Renewal Term(s), if any, are collectively referred to herein as the "Term."

2.2. Renewal Term. Tenant shall have one (1) option to renew this Lease for a term of five (5) years (the "Renewal Term").

2.2.1 Right to Exercise. Tenant may exercise the option to renew this Lease only if it is fully compliant and current with all obligations after any applicable notice and cure periods as provided for under the Lease.

2.2.2 Notice. Tenant will provide Landlord with written notice of its election to renew the Lease with no less than six (6) months, prior to the end of the Term. If Tenant fails to provide such notice, its right to renew the Lease will not expire until fifteen (15) working days after the Tenant's receipt of Landlord's written demand that the Tenant exercise or forfeit the option to renew.

2 2.2.3 Extension of Term. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section 2.2.

3. RENT

3.1. Maintenance Fees in Lieu of Base Rent. In lieu of base rent, Tenant shall pay Maintenance Fees as set forth in Section 7 of the Basic Lease Information. Maintenance Fees under this Lease shall become due as of the Commencement Date. Maintenance Fees shall be paid as set forth in Section 7 of the Basic Lease Information and this Section 3. Tenant shall pay to Landlord, at Landlord's address designated in Section 1 of the Basic Lease Information, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Maintenance Fees, the Maintenance Fees designated in Section 7 of the Basic Lease Information, without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. Upon execution of this Lease, Tenant shall pay to Landlord the first month's Maintenance Fees. If Maintenance Fees are due for a period of less than a full month, the amount due shall be prorated for such partial month on the basis of a 30-day month.

3.1.1 Application of Payments. All payments received by Landlord from Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect.

4. UTILITIES.

4.1. Tenant Utility and Service Costs. Tenant shall pay for all utilities and services required or desired by Tenant in connection with its use or occupancy of the Premises, including:
(i) heat and air conditioning; (ii) water; (iii) gas, if applicable; (iv) elevator or lift service, if any; (v) electricity; (vi) telephone, computer, communications; (vii) trash pick-up; and (viii) any other materials, services, or utilities (individually and collectively, the "Services").

4.2. Conservation and Use Policies. Tenant, at its expense, shall comply with federal, state, or local governmental controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the Term.

5. TAXES .

5.1. Taxes. Tenant represents and warrants that Tenant is a not for profit organization and is exempt from possessory interest tax.

6. INSURANCE.

6.1. Landlord. Landlord shall maintain insurance or an insurance equivalent insuring the Premises (excluding Tenant's Property and any Tenant Improvements) on an occurrence basis against fire and extended coverage (including, "all risk" coverage, earthquake/volcanic action, flood and/or surface water insurance) similar in type and coverage limits to that carried by Landlord on its other properties. At Landlord's option, such insurance or insurance equivalent

3 may be carried under any blanket or umbrella policies or other insurance or insurance equivalent which Landlord has in force for other buildings or projects. Landlord may also carry such other insurance as Landlord may deem prudent or advisable, in such amounts and on such terms as Landlord shall determine. All such insurance or insurance equivalent maintained by Landlord pursuant to this Section

6.1 is referred to herein as "Landlord's Insurance."

6.2. Tenant.

6.2.1 Tenant at its cost shall maintain public liability and property damage insurance with a single combined liability limit of $2,000,000, and property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision, including glass insurance and property damage limits of not less than $200,000 insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All such insurance shall insure performance by Tenant of the indemnity provisions set forth in Section 7. All insurance shall name the City of Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City. All such insurance or insurance equivalent maintained by Tenant pursuant to this Section 6.2 is referred to herein as "Tenant's Insurance."

6.2.2 If the insurance referred to in this Section 6.2 is written on a Claims Made Form, then following termination of this lease, coverage shall survive for a period of not less than five years. Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this lease.

6.2.3 Tenant at its cost shall maintain on all its personal property, tenant's improvements, and alterations, in on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant's improvements or alterations.

6.2.4 If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord.

The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord (or, if the insurer will not agree to give such notice, Tenant must promptly notify the City of any such cancellation, termination or modification of coverage); provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager, such approval not to be unreasonably withheld, conditioned or delayed.

6.2.5 Tenant shall forward copies of all insurance documents to: Department of Public Works, Real Property Division, 1947 Center Street, Fifth Floor, Ste. 521, Berkeley, California, 94704.

4 6.2.6 Waivers of Subrogation. Notwithstanding every other provision of this Lease to the contrary, Landlord shall not be liable (by way of subrogation or otherwise) to Tenant (or to any insurance company insuring Tenant), and Tenant shall not be liable (by way of subrogation or otherwise) to Landlord (or to any insurance company insuring Landlord), for any loss or damage to any of the property of Landlord or Tenant, as applicable, with respect to the Building, the Property or the Premises or any addition or improvements thereto, or any contents therein, to the extent covered by insurance carried or required to be carried by Landlord or Tenant, as applicable, even though such loss might have been occasioned by the negligence or willful acts or omissions of Landlord or Tenant, as applicable, or their respective employees, agents, contractors or invitees. Landlord and Tenant shall give their respective insurance providers which issue policies of insurance, with respect to the items covered by this waiver, written notice of the terms of this mutual waiver, and shall have such insurance policies properly endorsed, if necessary, to prevent the invalidation of any of the coverage provided by such insurance policies by reason of such mutual waiver. For the purpose of the foregoing waiver, the amount of any deductible applicable to any loss or damage shall be deemed covered by, and recoverable by Landlord or Tenant, as applicable, under the insurance policy to which such deductible relates.

7. INDEMNITY; LIABILITY EXEMPTION .

7.1. Indemnity. Except to the extent claims are caused by Landlord's negligence or willful misconduct, Tenant shall indemnify, protect, defend, and hold harmless Landlord and its elected officials, officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (i) any default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, where the same continues beyond applicable notice and cure periods; (ii) Tenant's use of the Premises, the conduct of Tenant's business or any activity, work or thing done, permitted or suffered by Tenant in or about the Premises or the Property; (iii) all damages, liability, fines, penalties, and any other consequences arising from any noncompliance or violation of any laws, Ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of 1979 and the Americans with Disabilities Act of 1990; or (iv) any act, error or omission of Tenant in or about the Property or any portion thereof (collectively, the "Indemnification"). Tenant shall provide such Indemnification by and through counsel reasonably acceptable to Landlord; provided, additionally, that the Berkeley City Attorney’s Office may participate in the response to or defense of any Indemnification claim under this Section 7.1 at the City’s sole expense. Without limiting Tenant's Indemnification obligations, Landlord shall be entitled to participate in the defense of any third party claim that is reasonably likely to give rise to Indemnification claim under this Section 7.1.

Landlord shall indemnify, protect, defend, and hold harmless Tenant and its officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time

5 during or after the Term as a result (directly or indirectly) of or in connection (1) the active negligence or willful misconduct of Landlord, or its officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns, and (2) any default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease. The obligations of Tenant and Landlord under this Section 7.1 shall survive the expiration or other termination of this Lease with respect to any claims or liability arising prior to such expiration or other termination.

7.2. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises or the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord's active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant's officers, agents, or employees, or any other person in or about the Premises or the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises or the Property or from other sources or places, except damage or injury caused by Landlord's active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises or the Property except to the extent such damages are caused by Landlord's failure to enforce the terms of any agreements or any applicable law with parties other than Tenant.

8. REPAIRS AND MAINTENANCE.

8.1. Landlord's Repair and Maintenance. During the Term, Landlord shall be responsible for maintaining in good order, condition, and repair the following elements of the Premises: the foundations and footings of the Premises; all structural elements of the Premises, including roof structure, exterior walls, and interior bearing walls. Landlord's repair and maintenance requirements under this Section 8.1 shall include the necessary replacement of any of the listed elements of the Premises; provided, however, the scope of such requirements shall be subject to whether landlords of comparable buildings in the City of Berkeley would make the replacements of the listed elements of the Premises.

8.1.1 Performance by Tenant. If Tenant determines that any elements of the Premises subject to this Section 8.1 require maintenance, repair, or replacement, Tenant shall provide written notice of such to Landlord. Should Landlord fail to perform, within a reasonable time after such notice by Tenant, any maintenance, repairs, or replacements subject to this Section 8.1 (and expressly including Landlord's reasonably discretion hereunder), Tenant shall have the right (but not the obligation) to undertake such actions as may reasonably be required to effect a cure of Landlord's failure to so perform. Prior to undertaking any such actions, however, Tenant shall consult with Landlord's Director of Public Works or their designee to determine the appropriate scope and cost of such actions. Landlord shall reimburse Tenant for all agreed upon,

6 reasonable and necessary costs of cure within thirty (30) days after Tenant's delivery if an itemized statement of such costs, together with reasonable supporting documentation. Tenant may offset against Rent and other sums due to Landlord under the Lease any undisputed sums not timely paid by Landlord to Tenant, including interest thereon at the maximum lawful rate.

8.2. Parking, Exterior Lighting, Landscaping. Tenant shall maintain the exterior lighting system and landscaping of the Building, in good order, condition, and repair.

8.3. Security. Tenant shall maintain all locks and key systems used in the Premises.

9. TENANT IMPROVEMENTS.

9.1. Pre-Approved Tenant Improvements. Tenant acknowledges that Lifelong Medical Care agrees to perform all maintenance, repairs and replacements called for by the May 20, 2022 Building Inspection Report by E. A. Davidovits & Co., Inc. (including all appendices but with the exception of roof maintenance or replacement), attached hereto as Exhibit B at its sole cost and expense.

9.2. Further Tenant Improvements. Tenant may make future alterations and improvements to the Premises with Landlord's prior written consent, not to be unreasonably withheld, conditioned, or delayed. Tenant shall have no duty to remove any alterations or improvements unless they are not customary for medical office use and Landlord notifies Tenant of the removal requirement at the time Landlord gives its consent to the alterations or improvements. Tenant may, at its sole cost and expense, install, operate, maintain, upgrade, repair, or replace an alarm, access control, or other building security system. Tenant may, at its sole cost and expense, install, operate, maintain, upgrade, repair, or replace, a solar electric generating system, which may include rooftop solar panels and battery backups. Landlord expressly grants Tenant the right to install solar panels on the roof of the Premises, and Tenant shall have no duty to remove such solar panels.

9.3. Standard of Work. All work to be performed by or on behalf of Landlord and Tenant shall be performed diligently and in a first-class, workmanlike manner, and in compliance with all applicable Laws and all insurance carrier requirements. Landlord shall have the right, but not the obligation, to periodically inspect such work and may require changes in the method or quality thereof. In no event shall such work materially obstruct access to the Property or any portion thereof.

9.4. Damage; Removal. Tenant shall repair all damage to the Premises, Property and any portions thereof caused by the installation or removal of alterations or other work performed by or on behalf of Tenant. If Landlord requires Tenant to remove improvements under Section

9.2, Tenant shall remove Tenant's trade fixtures and other improvements, alterations and additions and restore the Premises to their condition existing prior to the construction or installation of any such items and perform any closure work, investigation and environmental remedial work required by the presence or suspected presence of any Hazardous Materials under Hazardous Materials Laws (as hereinafter defined) or by any other applicable Laws, but only to the extent Tenant, and not the Landlord or Lifelong (or their respective officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns),