Berkeley City Council
March 11, 2025

Tuesday, March 11, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, March 11, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

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

T
o access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1618265658 To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 826 5658 provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

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

P
ursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer 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.

G
overnment Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

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

Tuesday, March 11, 2025 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.

1. Adjourn in Memory of Polly Armstrong, former District 8 City Councilmember

2. Adjourn in Memory of Marty Shiffenbauer, Community Activist 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: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non- agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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.

Tuesday, March 11, 2025 AGENDA Page 3
Consent Calendar

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

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

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

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

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. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, 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. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Inclusionary Housing Ordinance In-Lieu Fee; Amending Berkeley Municipal Code Chapter 23.328
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,954-N.S. amending Berkeley Municipal Code (BMC) Chapter 23.328 (F) to remove the exemption for projects with 5,000 square feet or less of RUFA.

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

Consent Calendar
Tuesday, March 11, 2025 AGENDA Page 4

2. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law Related to Electric Vehicle Charging and Technical Edits
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,955-N.S. amending the following sections of the Zoning Ordinance to align the Berkeley Municipal Code (BMC) with state law related to electric vehicle charging, as well as additional non- substantive edits and corrections:
-23.106.020 Lot Coverage
-23.106.080 Building Separation
-23.202.020 Allowed Land Uses (Residential Districts)
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.090 C-NS North Shattuck Commercial District
-23.204.100 C-SA South Area Commercial District
-23.204.130 C-DMU Downtown Mixed-Use District
-23.204.140 C-W West Berkeley Commercial District
-23.204.150 C-AC Adeline Corridor Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use-Specific Regulations (Manufacturing Districts) -23.206.050 Protected Uses (Manufacturing)
-23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.306.010 Purpose (Accessory Dwelling Units)
-23.306.030 Development Standards (Accessory Dwelling Units) -23.306.040 Permit Procedures (Accessory Dwelling Units) -23.310.020 General Requirements Excluding Incidental Beer and Wine -23.310.030 Alcohol Beverage Standards When Incidental to Food Service -23.322.030 Required Parking Spaces
-23.322.080 Parking Layout and Design
-23.334.030 Transportation Demand Management Program Requirements -23.502.020 Defined Terms (Glossary)
First Reading Vote: All Ayes
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Humbert.

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

Consent Calendar
Tuesday, March 11, 2025 AGENDA Page 5

4. 2025 Updated Commissioners’ and Board Members’ Manual From: City Manager
Recommendation: Adopt a Resolution approving the 2025 Commissioners’ and Board Members’ Manual, with administrative and procedural amendments including new and reorganized commissions, ADA and teleconferencing policy changes, and gender-neutral language; and rescinding Resolution No. 69,063-N.S.

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

5. Contract: Edgeworth Integration LLC to Purchase and Provide Installation of New Security System Server at Berkeley Animal Care Services From: City Manager
Recommendation: Following a positive recommendation from the Police Accountability Board at their February 5, 2025 regular meeting, adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Edgeworth Integration LLC for the purchase and installation of a new security camera system server (cameras already exist) to replace an obsolete server at Berkeley Animal Care Services (BACS) for March 12, 2025, to March 11, 2026, which establishes a contract in an amount not to exceed $57,908.08.

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 March 11, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. Annual Purchase Orders for L.N. Curtis and Sons: Fire Department From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute annual purchase orders and any amendments with L.N. Curtis and Sons for the purchases of: turnouts, and personal protective equipment (PPE) such as wildland coats and pants, gloves, helmets, hearing and eye protection, and fire boots; Firefighting tools and equipment such as firehose, fire extinguishers, foam, ladders, pumps, and related tools and equipment; and the purchase order for FY2026 shall not exceed $330,000, with an annual increase no more than 5% each year through March 27, 2028. A 20% contingency is added to cover costs arising from unforeseen incidents or operations for a total amount not to exceed (NTE) $1,040,324.

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

Consent Calendar
Tuesday, March 11, 2025 AGENDA Page 6

8. Contract No. 32400177 Amendment: Health Officer Coverage Contract – Dr.

Lisa B. Hernandez
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $60,000 for a total not to exceed amount (NTE) of $180,000.

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

9. Joint Homekey+ Application for MLK House at 2942-44 Martin Luther King, Jr.

Way
From: City Manager
Recommendation: Adopt two Resolutions approving the following actions in support of a Homekey+ program funding allocation by:

1. Authorizing the City Manager or designee to prepare and submit a joint application with Insight Housing to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the MLK House project, which will provide permanent supportive housing for veterans.

2. Authorizing the City Manager or designee to take all necessary actions for the City’s participation in HCD’s Homekey+ program, including entering into HCD’s Standard Agreement and any amendments.

3. Authorizing the City Manager or designee to execute all original or amended documents or agreements necessary to effectuate these actions.

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

10. Authorize Integration of BUSD Preferences with the City of Berkeley’s Housing Preference Policy for BUSD Workforce Housing Project (1701 San Pablo) From: City Manager
Recommendation: Adopt a Resolution authorizing the Berkeley Unified School District (BUSD) Workforce Housing project (1701 San Pablo / SAHA / Abode) to apply both a set of housing preferences (“BUSD Preferences”) (Exhibit A) developed by its Governance Committee and the City of Berkeley’s Housing Preference Policy (“City Preferences”), integrated, with the following clarifications:
• Lottery results within BUSD preference tiers each will be re-sorted by applicant’s total number of City preference points.
• Lottery results for Non-BUSD employees would also be re-sorted by applicant’s total number of City preference points.
• The persons experiencing homelessness preference would be applied within the BUSD preference framework.
• Layering of City preferences onto BUSD preferences will be conditional on implementation feasibility, as determined by the City Manager. • Prior to finalizing the Tenant Selection and Marketing Plan, the project team would need to submit a Fair Housing Analysis to the City.

Financial Implications: None
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

Consent Calendar
Tuesday, March 11, 2025 AGENDA Page 7

11. Salary Adjustments – Deputy Director of Public Works (Unrepresented) and Deputy Director of Health, Housing, and Community Services (Unrepresented) From: City Manager
Recommendation: Adopt a Resolution increasing the top step of the Deputy Director of Public Works classification to $110.9807 per hour and of the Deputy Director of Health, Housing, and Community Services to $107.0460 per hour to rectify compaction with salaries of classifications they supervise.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800

12. Berkeley Fire Fighters Association – Side Letters Pertaining to Probationary Periods, Pre-Promotional Academies, and Vacation Slots
From: City Manager
Recommendation: Adopt a Resolution approving three side letters with Berkeley Fire Fighters Association to (1) amend Section 33 of the union’s Memorandum of Understanding (MOU) with the City to modify the Firefighter probationary period to 18 months; (2) amend Section 34.3.2 of the MOU to allow employees on 40-hour- week schedules to attend pre-promotional academies if placed on Outside the City status; and (3) amend Sections 19.4 and 19.5 of the MOU to create a new structure for vacation slots.

Financial Implications: None.

Contact: Monica Walker, Human Resources, (510) 981-6800

13. Berkeley Chief Fire Officers Association Side Letter – Battalion Coverage From: City Manager
Recommendation: Adopt a Resolution approving a side letter with Berkeley Chief Fire Officers Association adding Section 2.1.14 (Battalion Coverage) to the City’s Memorandum of Understanding with the union.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800

Tuesday, March 11, 2025 AGENDA Page 8
Council Consent Items

14. A Referral to the City Manager to make a recommendation for further Council action: Transfer Tax Exemption for 100% Affordable Housing Projects (Reviewed by the Land Use, Housing & Economic Development Policy Committee) From: Councilmember Tregub (Author), Councilmember Bartlett (Co-Sponsor) and Councilmember O’Keefe (Co-Sponsor)
Recommendation: Adopt a referral to the City Manager to study the fiscal impacts and feasibility of a transfer tax exemption for 100% affordable housing projects owned and operated by non-profit entities or community land trusts, including but not limited to: the rehabilitation of existing projects; acquisition, rehabilitation, and conversion of market-rate housing complexes into deed-restricted affordable housing; and land donated for the purpose of constructing deed-restricted affordable housing and make a recommendation for further Council action.

Policy Committee Recommendation: Forward item to Council with a Qualified Positive Recommendation that the Council: 1) Clarify that the rehabilitation of the restricted properties, would be included as part of the 100% affordable [housing projects]. 2) Bolster the rationale section of the report with greater detail and analysis.

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

Council Consent Items

Tuesday, March 11, 2025 AGENDA Page 9

15. Referral to 4 x 4 Committee: Removing On-Site Manager Exemption Loophole for Certain Multi-Family Properties that are Adjacent and/or Share the Same Common Area
From: Councilmembers Igor Tregub (Author) and Terry Taplin (Co-Sponsor) Recommendation: Refer to the 4 x 4 Committee of the Berkeley City Council and Rent Stabilization Board a proposal related to the removal of an on-site manager exemption loophole, which is currently used by certain Berkeley properties to circumvent California Code Regulation, Title 25, Paragraph 42, for certain multi- family properties that are adjacent and/or share the same common area. If the recommended regulation is enacted, it is the intent of the referral to apply it to subject properties in a prospective manner that ensures that the rights of sitting tenants continue to be fully protected (i.e., a fully occupied property will not be required to rent to an on-site manager until at least one unit becomes vacant in accordance to all applicable state and local laws governing good cause eviction protections). The referral further requests that the 4 x 4 Committee discuss and provide recommendations as to:
• Any parameters that may limit the scope of this referral, including but not limited to situations in which one or more of the subject properties are owned by limited liability corporations (LLCs) and/or owners that own multiple other properties in Berkeley, California and/or beyond, with a total number of units or properties under ownership to be determined;
• Any exemptions to the on-site manager requirement for certain circumstances, such as for hardship of the property owner and/or LLC and/or other circumstances in which the interest of justice may supersede the public interest of this requirement;
• The enforcement mechanism and enforcing jurisdiction (i.e., City of Berkeley or Berkeley Rent Stabilization Board, with compensation by the City of Berkeley) that the City of Berkeley should employ in furtherance of the recommended regulation; and
• Any other provisions pertinent to the efficient, just, and fair administration of the recommended regulation.

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

16. First Year Free - Fill Empty Storefronts Act (Reviewed by the Land Use, Housing & Economic Development Policy Committee)
From: Councilmember Hahn (Author)
Recommendation: Refer to the City Manager to (1) create and implement a First Year Free Program for Berkeley, modeled after San Francisco’s successful program, for an initial period of 5 years and (2) study and report back to Council on other strategies to attract new businesses and fill empty storefronts.

Policy Committee Recommendation: Forward item to Council with a negative recommendation to take no action. The committee will revisit this issue at a later date with the intention of further developing the goals of the item.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Tuesday, March 11, 2025 AGENDA Page 10

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the 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. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir 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.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

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 – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

17. Appeal of Special Assessment Tax Lien – 1806 Walnut St From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution rejecting the property owners’ appeal, and allowing the special assessment lien for 1806 Walnut Street (APN 057-2049-004) to be recorded with the County of Alameda as written and approved by the City Manager.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Tuesday, March 11, 2025 AGENDA Page 11
Action Calendar – New Business

18. Adopt an Ordinance to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units (Reviewed by the Land Use, Housing & Economic Development Policy Committee) From: Housing Advisory Commission
Recommendation: Adopt an ordinance amending the Municipal Code adding section 13.63 to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units.

Policy Committee Recommendation: Forward item to Council with a Qualified Positive Recommendation to Council with a request to forward to the 4x4 Committee to review the effectiveness of the implementation.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

Information Reports

19. FY 2025 First Quarter Investment Report: Ended September 30, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Public Comment – Items Not Listed on the Agenda
Adjournment

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

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

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

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

Tuesday, March 11, 2025 AGENDA Page 12
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, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed 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 [email protected], (510) 981-6 418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

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

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

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 27, 2025.

Mark Numainville, City Clerk

Tuesday, March 11, 2025 AGENDA Page 13
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #18: Adopt an Ordinance to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units (Reviewed by the Land Use, Housing & Economic Development Policy Committee)

1. Krista C. Gulbransen

Civic Center Park

2. Elana Naftalin-Kelman

3. Yael Galinson

4. Ashley E. McClure

5. David Tepper

6. Lisa Lum (2)

7. Robin Kibby

8. Erik Dreher

9. Daniel Jurnove

10. Ben Buettner

11. Micky Duxbury

12. Catarina Negrin

13. Stacey Zolt Hara

14. Patrick Golier

15. David Kerr

16. Whitney Moss

17. Peggy Scott (2)

18. Lisa Mazur Librizzi

19. Elisabeth Hruska

Encampments

20. Aileen Paterson

21. Russbumper

22. Josh Atwood

23. Aimee Baldwin

Peace and Justice Commission Resolution

24. Haiganoush Preisler

25. Joseph Mutti

26. Jennifer Fechner

27. Tim O’Brien

28. Dorothea Dorenz

29. Chris Taaffe

30. Erika Andersen

31. Alexander Cruzado

Tuesday, March 11, 2025 AGENDA Page 14

32. Sam Long

33. Michael Cassidy

34. 12 Similarly worded form letters

Safety Concerns

35. Cecelia Mautner

Mailbox

36. Elsa Tranter

Public Safety Community Meeting

37. Jack Kurzweil

38. Enrique Marisol

39. Igor Tregub

Sanctuary Protocol

40. Director of Security

Plans

41. Tillymaui

Library Printing Services

42. Alex S. Merenkov

43. Bill Kolb

Daylighting Law

44. Shirley Kirsten (3)

45. Mieka Strawhorn

46. Wahid Amiri

47. Sandra Sanchez

Proposed Public Restroom

48. Aimee Baldwin

49. Wahid Amiri

50. Analisa Madron

Cesar Chavez Park

51. Maggie Dilley

52. Amy Thomson

53. Katherine Westine

54. Randall Gee

55. The Froedin-Morgensen Family

56. Antonio Guzman

57. Wini Williams

58. Lucy Thrupp

59. Save CC (2)

Tuesday, March 11, 2025 AGENDA Page 15

60. Frances Shaw

61. Cameron Woo

Round Park

62. Joseph Lee (3)

Housing Concern

63. Bing Fantasy Football (6)

Bay Wheels Station

64. Alex S. Merenkov

65. Sandra Sanchez

Speed Bumps

66. Lolita Brewster

BOTTLEBIN Smart Bin

67. Tammy E. Apple

2x2 Meeting

68. Rebecca Levenson (2)

69. Jennie Hicks and Ian Wulfson

70. Sasha Courtade

Publicize Effects

71. Kellie Stoddart

Civil Action Petition

72. Ian A. Leipper

Bicycle Plan

73. James McGrath

74. Laura Fujii

75. Octavio Raygoza

Gold Award Project

76. Ona Weiss

Business Safety

77. David Lerman

Literacy Project

78. Pat Kennedy

Up Zoning

79. Deborah Barer

Tuesday, March 11, 2025 AGENDA Page 16

Berkeley Public Eye

80. Bernard Marszalek

PG&E Gas Lines

81. David Lerman

Unit Inspections

82. Alex Merenkov

83. Manreet Gill

Golden Gate Fields

84. Roger Hooks

Intersection Safety Concern

85. Asa Bradman

Certificates

86. Justin Wong

Middle East Conflict

87. Alexander Cruzado

Red Cross Month

88. Teresa Deloach Reed

Traffic Concern

89. Shirley Kirsten (2)

URL’s

90. Julie Elis

91. Flip Side

92. Nancy Fox

Forwards

93. Eid

94. Josh Atwood (2)

Mail to the Mayor

95. Eid

BESO Amendments

96. Hannah Wenrich (9)

97. Isabella Almeida (9)

Tuesday, March 11, 2025 AGENDA Page 17
Apartment Values

98. Barbara Gilbert

Healthy Foods

99. Roberto Terrones on behalf of the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE)
100. Kenneth Hecht

GOP Budget Cuts Concern
101. Kellie Stoddart

Commission Vacancies
102. Samuel J. Harvey on behalf of the Fair Campaign Practices Commission/Open Government Commission

Screenshots
103. Josh Atwood

Chess Club
104. Jesse Sheehan

2138 Kittredge St.
105. Carol A. Bagshawe

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.

Ordinance No. 7,954-N.S. Page 1 of 2
ORDINANCE NO.7,954-N.S.

AMENDING SECTION 23.328.050 (F) TO REMOVE THE SMALL PROJECT

EXEMPTION FROM INCLUSIONARY HOUSING REQUIREMENT
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23.328.050(F) is amended to read as follows:

BMC Section 23.328.050(F) Exemptions. The following types of Housing Development Projects and Residential Units are exempt from this Chapter:

1. A Housing Development Project for which either a building permit was issued on or before April 1, 2023 or a preliminary application including all of the information required by subdivision (a) of California Government Code section 65941.1 was submitted on or before April 1, 2023 shall be subject to this Chapter’s requirements that were in place as of the preliminary application’s submittal date but shall otherwise be exempt from this Chapter. This exemption shall expire upon the occurrence of any of the circumstances defined in paragraphs (2), (6), or (7) of subdivision (o) of California Government Code section 65589.5 or in subdivision (d) of California Government Code section 65941.

2. A Residential Unit that replaces a unit existing as of April 1, 2023 that has been destroyed by fire, earthquake or other disaster, or that was previously subject to a mitigation fee or inclusionary housing requirement.

3. A Residential Unit existing as of April 1, 2023 that is expanded, renovated, or rehabilitated.

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

Ordinance No. 7,954-N.S. Page 2 of 2
At a regular meeting of the Council of the City of Berkeley held on February 25, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Ordinance No. 7,955-N.S. Page 1 of 22
ORDINANCE NO. 7,955-N.S.

AMENDMENTS TO THE RULES OF MEASUREMENT CHAPTER (BMC 23.106), RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), USE-SPECIFIC REGULATIONS CHAPTER (BMC 23.302), ACCESSORY DWELLING UNITS CHAPTER (BMC 23.306), ALCOHOLIC BEVERAGE SALES AND SERVICE CHAPTER (BMC 23.310), PARKING AND LOADING CHAPTER (BMC 23.322), TRANSPORTATION DEMAND MANAGEMENT CHAPTER (BMC 23.334), AND GLOSSARY (BMC 23.502) FOR CONSISTENCY WITH STATE LAW, AND TECHNICAL EDITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That BMC Section 23.106.020 is amended to read as follows:

A. Lot Coverage Defined. Lot coverage means all the area of a lot, as projected on a horizontal plane, which is:

1. Enclosed by the exterior walls of buildings or enclosed accessory structures; or

2. Covered by decks, porches, stairs and/or landings which cover an enclosed space or paved ground area.

3. Covered by a pergola, trellises or similar horizontal features.

B. Exclusions. The lot coverage calculation excludes:

1. Uncovered porches, landings and stairs;

2. Uncovered decks, except that a deck on the roof of a building or accessory structure or over an enclosed space or paved ground area is included in the lot coverage calculation; and

3. The area of the roof of a subterranean structure, when such a structure is not more than 3 feet above finished grade.

4. The first 24 inches of eaves extending from a building or structure.

5. The area of any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

C. Lot Coverage Standards. Number of stories of main building(s) shall be used to determine the allowable lot coverage where applicable.

Ordinance No. 7,955-N.S. Page 2 of 22
Section 2. That BMC Section 23.106.080(A) is amended to read as follows:

A. Measurement. Building separation is measured as the distance between the surface of a main building or ADU’s outer wall and the outer wall surface of the closest main building or ADU on the same lot.

Ordinance No. 7,955-N.S. Page 3 of 22
Section 3. That the lines named “Alcoholic Beverage Service” is amended and the lines “Hotel, Residential” are hereby added, within Table 23.202-1 within BMC 23.202.020 to read as follows Table 23.202‑1: Allowed Land Uses in Residential Districts ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D

RESIDENTIAL DISTRICTS

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE
PERMIT REQUIREMENT (E.G.,
ZC*)
R-1 ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU**
Residential Uses
Hotel, Residential NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) NP Commercial Uses
Alcoholic Beverage Service NP NP NP NP NP NP NP NP UP
(PH)* ZC*

23.310—Alcoholic
Beverage Sales and
Service

Ordinance No. 7,955-N.S. Page 4 of 22
Section 4. That the lines named “Electric Vehicle Charging Station”, “Vehicle Parts Store”, “Construction Products”, “Light Manufacturing”, “Pesticides/Herbicides/Fertilizers”, “Petroleum Refining and Products”, “Pharmaceuticals”, and “Warehouse-based Non-Store Retailer”, are amended in Table 23.204-1 within BMC 23.204.020 to read as follows:

Table 23.204-1. Allowed Uses in the Commercial Districts

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see 23.204.020(B)
[#] = Table Note Permit Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Vehicle Service and Sales Uses

Vehicle Parts Store ZC NP ZC ZC ZC ZC ZC ZC NP AUP [1] ZC Industrial and Heavy Commercial Uses
Construction Products – – – – – – – – – UP(PH) --
Light Manufacturing – – – – – – – – – AUP [1] --
Pesticides/Herbicides/
Fertilizers
– – – – – – – – – UP(PH) --
Petroleum Refining and
Products
– – – – – – – – – UP(PH) --
Pharmaceuticals – – – – – – – – – UP(PH) --
Warehouse-Based Non-
Store Retailer
– – – – – – – – – – --

Ordinance No. 7,955-N.S. Page 5 of 22
Section 5. That Table 23.204-24 within BMC Chapter 23.204.090 is amended to read as follows:

TABLE 23.204--24: C-NS DEVELOPMENT STANDARDS
Project Land Use
Non-Residential
and Mixed Use Residential Only
Supplemental
Standards
Lot Area, Minimum
New Lots 4,000 sq. ft. 5,000 sq. ft.

Per Group Living Accommodation
Resident 350 sq. ft. [1]

23.304.020
Usable Open Space, Minimum
Per Dwelling Unit 40 sq. ft. [2] 200 sq. ft.

Per Group Living Accommodation
Resident No minimum 90 sq. ft.

23.304.090–
Usable
Open Space
Floor Area Ratio, Maximum 1.0 [3] No maximum
Main Building Height [4]
Minimum 2 stories No minimum
Maximum 35 ft. and 3
stories
28 ft. and 2
stories
Lot Line Setbacks, Minimum
Abutting/Confronting a Non-
residential District No minimum
Abutting/Confronting a Residential
District
See

23.304.030.C.2
See Table

23.204-25

23.304.030
Building Separation, Minimum No minimum [5] See Table

23.204-25

23.304.040
Lot Coverage, Maximum 100% See Table

23.204-26

23.304.120

Ordinance No. 7,955-N.S. Page 6 of 22
Project Land Use
Non-Residential
and Mixed Use Residential Only
Supplemental
Standards
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet.
[2] For mixed use projects, usable open space dimensions may be smaller than required in 23.304.090.B.3, but no dimension may be less than 6 feet. [3] For mixed-use residential projects, no maximum floor area ratio. [4] Basement levels devoted exclusively to parking are not counted as a story. [5] For mixed-use projects, minimum building separation shall be as required for residential-only projects. See Table 23.204-25
Section 6. That BMC 23.204.100(D)(2) is hereby amended to read as follows:

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non- Residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Modification for Mixed Use and Residential Projects. The ZAB may modify development standards in Table 23.204-27, Table 23.204-28, and Table 23.204-29, and Table 23.20430 – excluding FAR - for a mixed-use or residential-only project with a Use Permit upon making one of the following findings:
a. The project encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building; b. The modification allows consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose;
c. The modification facilitates the construction of affordable housing as defined by the U.S. Department of Housing and Urban Development (HUD) Guidelines; or
d. The modification provides consistency with the purposes of the district as listed in Section 23.204.100.A (District Purpose).

Section 7. That BMC 23.204.130(E)(3)(b) is amended to read as follows:
(b) Modifications to Standards. The ZAB may modify all C-DMU district setback standards with a Use Permit upon finding that the modified setbacks

Ordinance No. 7,955-N.S. Page 7 of 22
will not unreasonably limit solar access or create significant increases in wind experienced on the public sidewalk.

Section 8. That BMC Section 23.204.140(B)(3)(a) is amended to read as follows:
(a) As used in this paragraph, “automotive use” means a use classified in Table

23.204-1 as a vehicle service and sales use, except for vehicle parts store. “Automotive site” means a site which was legally used or approved for use as an automotive use as of March 1, 1997.

Section 9. That BMC Section 23.204.140(D)(3) is amended to read as follows:

3. Ground Floor Uses. The ground floor of buildings in designated nodes may be used only for the following:
(b) Retail sales
(c) Personal and household services
(d) Retail financial services (banks)
(e) Food and alcohol service
(f) Tourist Hotel and Tourist Motel
(g) Entertainment and assembly uses
(h) Gasoline/vehicle fuel stations
(i) Vehicle repair uses
(j) New car sales
(k) Used vehicles sales
(l) Required access to and lobbies serving upper-story uses

Ordinance No. 7,955-N.S. Page 8 of 22
Section 10. That Figure 23.204-7 C-W Designated Nodes within BMC Chapter 23.204.140 is amended to read as follows:

FIGURE 23.204-7: C-W DESIGNATED NODES

Ordinance No. 7,955-N.S. Page 9 of 22

Ordinance No. 7,955-N.S. Page 10 of 22
Section 11. That Figure 23.204-8 within BMC Chapter 23.204.140 is removed:

Ordinance No. 7,955-N.S. Page 11 of 22
Section 12. That the line “Notes,” in Table 23.204-43, C-AC South Shattuck Subarea Development Standards, within BMC Chapter 23.204.150, C-AC Adeline Corridor Commercial District, is amended to read as follows:

TABLE 23.204-43: C-AC SOUTH SHATTUCK SUBAREA DEVELOPMENT STANDARDS Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet. [2] For the purposes of calculating the State Density Bonus the Tier 1 density shall constitute the maximum allowable gross residential density. Tier 2, 3, and 4 density and 100 percent affordable housing density is authorized as a local density bonus under Government Code section 65915(n).
[3] An AUP may be granted to reduce usable open space requirements if shown to be necessary to build an all-electric building. [4] Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.
[5] Affordable units calculated as percentage of total units Section 13. That Table 23.204-44, C-AC North and South Adeline Subarea Development Standards, within BMC Chapter 23.204.150, C-AC Adeline Corridor Commercial District, is amended to read as follows:

TABLE 23.204-44: C-AC NORTH AND SOUTH ADELINE SUBAREA DEVELOPMENT STANDARDS Project Land Use [6]
Residential
and Mixed
Use Tier 1
(Less than
14%
affordable
housing)
Residential
& Mixed Use
Tier 2 (14%
affordable
housing)
Residential
& Mixed Use
Tier 3 (21%
affordable
housing)
Residential
& Mixed Use
Tier 4 (25%
affordable
housing)
Residential &
Mixed Use
(100%
affordable
housing)
Group Living
Accommodation
Non-
Residential
Supplemental
Standards
Lot Area Minimum 23.304.020-Lot
Requirements

Ordinance No. 7,955-N.S. Page 12 of 22
New Lots No minimum
Per Group Living
Accommodation
Resident
N/A 350 sq. ft. [1] N/A
Usable Open Space,
Minimum [3]
40 sq. ft.

Per Dwelling
Unit/GLA Resident
[4]
N/A
40 sq. ft.

23.304.090-
Usable Open
Space
Floor Area Ratio,
Maximum 2.0 3.5 4.0 5.0 5.0 2.5 2.8
Residential Density,
Maximum (du/acre) [2] 100 150 210 250 250
1 GLA
resident per
350 sf of lot
area
N/A
Main Building Height,
Maximum 3 stories
35 feet
5 stories
55 feet
6 stories
65 feet
7 stories
75 feet
7 stories
80 feet
4 stories
45 feet
3 stories
45 feet
Lot Line Setbacks, Minimum
Abutting/Confronting
a Non-residential
District
No minimum 23.304.030-
Setbacks

Ordinance No. 7,955-N.S. Page 13 of 22
Abutting/Confronting
a Residential District
10 ft
20 ft from any shared lot line for any portion exceeding 35 feet 45 ft from front property line for any portion exceeding 45 feet N/A

23.304.030-
Setbacks

23.204.150.E.5
Building Separation,
Minimum
No minimum 23.304.040-
Building
Separation in
Residential
Districts
Lot Coverage,
Maximum
Interior Lot 60% 90% 90% 90% 90% 60% 100%
Corner Lot 70% 90% 90% 95% 95% 70% 100%
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet. [2] For the purpose State Density Bonus calculation, the Tier 1 density is the maximum allowable gross residential density. Tier 2, 3, and 4 density and 100 percent affordable density is authorized as a local density bonus under Government Code section 65915(n).
[3] An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all- electric building.
[4] Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.
[5] Affordable units calculated as percentage of total units

Ordinance No. 7,955-N.S. Page 14 of 22
Section 14. That the lines named “Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting,” “Construction Products,” and “Light Manufacturing,” in Table 23.206-1, within BMC 23.206.020 are amended to read as follows:

Table 23.206-1. Allowed Uses in Manufacturing Districts

MANUFACTURING DISTRICTS
Use-Specific
Standards
Applies to uses with
an asterisk following
the permit requirement
(e.g., ZC*)
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
-- = Permitted with an AUP,
see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit
Requirement
* Use-Specific Standards
Apply
M MM MU-LI MU-R Use-Specific
Regulation
Bar/Cocktail
Lounge/Tavern/Tap
Room/Wine Tasting
NP NP NP See

23.310
Construction Products ZC [9] ZC [9] UP(PH) NP
Light Manufacturing ZC [7] ZC [7] ZC [1] AUP*[3] 23.206.090(B)(5) Section 15. That Berkeley Municipal Code 23.206.040(I)(3) be removed:

Section 16. That Berkeley Municipal Code 23.206.050(A)(3) is amended to read as follows:

3. Permit Findings.
(a) To approve a Use Permit to change any amount of ground-floor protected industrial use to a non-protected use in the MM district, or to change more than 20,000 square feet or 25 percent or more of a protected use to a non- protected use in the MU-LI district, the Zoning Adjustments Board (ZAB) must find that replacement space is provided as required by Paragraph 4 (Replacement Space) below.
(b) To approve a Use Permit in the MU-LI district to change 25 percent or more of the floor area from a protected industrial use to a non-protected use, the ZAB must also find that either:
(1) The City has approved necessary Use Permits to provide comparable quality replacement space in Berkeley at a comparable rent that will be available before the demolition or change of use of the space; or (2) Both of the following:

Ordinance No. 7,955-N.S. Page 15 of 22

1. As a result of lawful business and building activities, there are exceptional physical circumstances (exclusive of the presence of hazardous materials in the building(s), soil or groundwater) found at the building not generally found in industrial buildings in the MU-LI district which make it financially infeasible to reuse the building for any of protected industrial uses permitted in the district. The analysis of the financial feasibility effects (which shall be verified by the City) of these physical circumstances shall consider those costs necessary to make the building meet current minimum standards for manufacturing, wholesale trade or warehouse buildings.

2. Appropriate mitigation has been made for loss of the protected industrial use space in excess of 25 percent of that space through providing such space elsewhere in the City, payment into the West Berkeley Building Acquisition Fund, or by other appropriate means.

Section 17. That Berkeley Municipal Code 23.206.050(A)(7)(d)(ii) is amended to read as follows:
ii. 25 percent or more of the total gross floor area in all buildings on the lot(s) remains as a protected industrial use.

Section 18. That Berkeley Municipal Code 23.302.070(E)(1) is amended to read as follows:

1. Outdoor Cafe Seating.
(a) Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:
(1) Zoning Certificate when seating does not abut a residential district. (3) AUP when seating abuts a residential district.
(b) Outdoor cafe seating on private property outside of the public right of-way is allowed in the MU-LI and MU-R districts with an AUP.
(c) Sidewalk cafe seating within the public right-of-way is subject to 23.302.060 (Sidewalk Cafe Seating).

Section 19. That Berkeley Municipal Code 23.306.010(A) is amended to read as follows:

A. Implement California Government Code Title 7, Division 1, Chapter 13. Accessory Dwelling Units

Ordinance No. 7,955-N.S. Page 16 of 22
Section 20. That Berkeley Municipal Code 23.306.030(A)(1) is amended to read as follow:

1. Existing Building or Accessory Structure Conversion. An ADU created entirely through conversion with no modifications to the existing building or accessory structure envelope that exceeds the development standards for maximum gross floor area in Table 23.306-2, ADU Development Standards, is allowed a physical addition of no more than 150 square feet. The addition must comply with maximum height and setback requirements.

Section 21. That Berkeley Municipal Code 23.306.030(A)(2) is amended to read as follow:

2. Duplex or Multi-Family Dwelling Conversion. Interior ADU(s) must be created entirely through non-habitable residential portions of an existing main building that are not within the living space of a dwelling unit (e.g. basement, attic, garages, storage room).

Section 22. That Berkeley Municipal Code 23.306.030(A)(8) is amended to read as follows:

8. Attached ADU, New Construction Height. Attached ADUs with maximum building height up to 25 feet allowed with a Zoning Certificate.

Section 23. That Berkeley Municipal Code 23.306.030(C)(1) is amended to read as follows:

1. Outside of the Hillside Overlay. Chimneys, water heater enclosures, flues, heating and cooling equipment, eaves, cornices, canopies, awnings, bay windows, and balconies may project two feet into the required setbacks, so long as there remains at least a two-foot setback from property lines. Bay windows and balconies may not project into a required rear ADU setback.

Section 24. That Berkeley Municipal Code 23.306.040(A) is amended to read as follows:

A. Zoning Certificate. An application for an ADU or Junior ADU shall be allowed with a Zoning Certificate. Review must be completed within 60 days of submission of a completed application. A completed application must include evidence of compliance with this Chapter, including development standards and deed restrictions..

1. If an application to create an ADU or Junior ADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a building

Ordinance No. 7,955-N.S. Page 17 of 22
permit shall not be issued for the ADU or Junior ADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired. See 23.404.060(A) Post-Decision Provisions (Effective Dates).

2. Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or Junior ADU that complies with the requirements of Government Code Section 66314.

3. Issuance of a Zoning Certificate for the construction or conversion of an ADU or Junior ADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.

Section 25. That Berkeley Municipal Code 23.306.040(C)(4) is amended to read as follows:

4. If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied. Owner- occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

Section 26. That Berkeley Municipal Code 23.306.040(D) is amended to read as follows:

D. ADUs Developed by a Qualified Nonprofit Developer. An ADU built or developed by a “qualified nonprofit corporation” may be sold or conveyed separately from the main building to a “qualified buyer,” as such terms are defined in Section 66341 the California Government Code. The ADU must be held pursuant to a recorded tenancy in common agreement recorded on or after December 31, 2021 that includes the following elements:

1. Delineation of all areas of the property that are for the exclusive use of a cotenant;

2. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property;

3. Procedures for dispute resolution among cotenants before resorting to legal action;

4. Allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies;

5. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or primary dwelling if the buyer desires to sell or convey the property;

Ordinance No. 7,955-N.S. Page 18 of 22

6. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence; and

7. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low- income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

8. If requested by a utility providing service to the primary residence, the ADU shall have a separate water, sewer, or electrical connection to that utility.

Section 27. That the title of BMC Section 23.310.020 is amended to read as follows:

23.310.020 General Requirements Excluding When Incidental to Food = Service Section 28. That BMC 23.310.020(B) is amended to read as follows:

B. Permit Required.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority. An increase in alcoholic beverage sales or service includes, but is not limited to:
(a) Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine; or
(b) Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

Section 29. That Berkeley Municipal Code 23.310.030(B) is amended to read as follows:

B. Incidental Alcoholic Beverage Standards. The following standards apply to alcoholic beverage service incidental to a food service establishment.

1. Licensing.
(a) The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control. (b) An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations regarding

Ordinance No. 7,955-N.S. Page 19 of 22
alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.
(a) Alcoholic beverage service shall be incidental to the primary food service use. (b) Alcoholic beverage service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcoholic Beverage Control.
(c) The sale of alcoholic beverages for off-site consumption is not permitted. (d) Hours of operation are subject to review and amendment by the review authority as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.
(a) The food service establishment must operate at least five days a week. (b) The service of alcoholic beverage shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.
(c) During the food service establishment’s hours of operation, all customer accessible areas shall be available for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.
(d) The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:
i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and
ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity. (e) The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
(f) The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.

Ordinance No. 7,955-N.S. Page 20 of 22
(a) Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising)

5. Training.
(a) The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.
(b) All employees selling and/or serving alcoholic beverages , or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment.

Employees who have finished the course within the last 12 months are exempt from this requirement.

Section 30. That the lines named “Accessory Dwelling Unit” Table 23.322-1, within BMC 23.322.030 is amended to read as follows:

Land Use Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling
Unit
Junior ADU: None required
ADU outside of Hillside Overlay: None required
ADU within Hillside Overlay: 1 per ADU unless the parcel satisfies the criteria in subdivision (a) of Government Code Section 66322 , using the definition of public transit as established in subdivision (l) of Government Code 66313 Section 31. That Berkeley Municipal Code 23.322.080(G) is amended to read as follows:

G. Placement—ADU.

1. On a lot with an existing or proposed ADU, replacement of off-street parking for a main building, or off-street parking for an ADU, is allowed in any configuration on the lot, including within the front setback; or

2. Within the Hillside Overlay on a lot with an existing or proposed ADU, where no legal off-street parking exists for the main building, required parking provided for the main building is allowed in any configuration on the lot, including within the front setback.

Ordinance No. 7,955-N.S. Page 21 of 22
Section 32. That Berkeley Municipal Code 23.334.030(B) is hereby amended to read as follows:

B. Transit Benefit.

1. At least one of the following transit benefits shall be offered, at no cost, to project residents for a period of ten years after the issuance of a Certificate of Occupancy.
(a) A monthly pass for unlimited local bus transit service; or (b) A functionally equivalent transit benefit in an amount at least equal to the price of a non-discounted unlimited monthly local bus pass. Any benefit proposed as a functionally equivalent transportation benefit shall be approved by the Zoning Officer in consultation with the Transportation Division Manager.

2. For projects that include 99 dwelling units or fewer, the project shall provide one transit benefit per bedroom, up to a maximum of two benefits per dwelling unit. For projects of 100 dwelling units or more, the project shall provide one transit benefit for every bedroom in each dwelling unit.

3. For projects that include Group Living Accommodations, the project shall provide one transit pass per Group Living Accommodation bedroom.

4. A notice describing these transportation benefits shall be posted in a location or locations visible to residents.

Section 33. That Berkeley Municipal Code 23.502.020(B)(11)(b) is hereby amended to read as follows:
b) Main Building. A building which is designed for, or in which is conducted, the primary use of the lot on which it is situated. In any residential district any dwelling, except an accessory dwelling unit, is a main building on the lot.

Section 34. That Berkeley Municipal Code 23.502.020(E)(2) is hereby amended to read as follows:

2. Electrical Vehicle Charging Station. A facility that supplies electric energy for the recharging of plug-in electric vehicles. An electric vehicle charging station is considered an allowed use in all zoning districts.

Section 35. 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

Ordinance No. 7,955-N.S. Page 22 of 22
Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on February 25, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Police Accountability Board – Appointment of New Member

RECOMMENDATION
Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Humbert.

FISCAL IMPACTS OF RECOMMENDATION
All PAB commissioners are eligible to receive a stipend of up to $300 per month.

CURRENT SITUATION AND ITS EFFECTS
There are currently three vacant seats on the PAB, including one alternate position.

Councilmember Humbert has nominated Randy Wells to serve on the Police Accountability Board. Mr. Wells meets the eligibility criteria as verified by city staff in accordance with the requirements of the City Charter and may be appointed by a majority vote of the Council.

Commissioner Nominated By
vacant Mayor Ishii
Alexander Mozes Councilmember Kesarwani
David Williams Councilmember Taplin
John E. Moore Councilmember Bartlett
Kitty Calavita Councilmember Tregub
Leah Wilson Councilmember O’Keefe
Juliet Leftwich Councilmember Blackaby
Joshua Cayetano Councilmember Lunaparra
vacant Councilmember Humbert
vacant Alternate
Article XVIII, Section 125, Part 6 of the City Charter states, “The Mayor and each City Councilmember shall nominate one candidate from an applicant pool at a meeting of the City Council and that each individual nominee must be approved by a majority vote of the City Council.”

Police Accountability Board – Appointment of Members CONSENT CALENDAR March 11, 2025

Members of the Police Accountability Board must:
 Be a resident of the City
 Be at least 18 years of age
 Not be an employee, officer, or contractor with the City, a current sworn police officer from any agency, or a current employee, official, or representative of an employee association representing sworn police officers
 Be fair minded and objective with a demonstrated commitment to community service The City Charter indicates that desirable qualities of a Board member are familiarity with human resources, law, police procedures, police oversight, or involvement in civil rights or community organizations and that the City Council shall endeavor to establish a Board that is broadly inclusive and reflective of race, ethnicity, age, gender identity, sexual orientation, economic status, neighborhoods, and various communities of interest in the City.

BACKGROUND
Measure II was adopted on November 3, 2020, by the voters of Berkeley to establish an Office of the Director of Police Accountability and create a new Police Accountability Board (hereafter “Board”), both of which are independent of the City Manager. The members of the Board are approved by vote of the full Council.

In June of 2021 the Mayor and Members of the City Council nominated and appointed the initial nine members of the PAB and also appointed one alternate commissioner.

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 City Charter and pursuant to the nomination submitted by Councilmember Humbert.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

RESOLUTION NO. -N.S.

APPOINTMENT OF RANDY WELLS TO THE POLICE ACCOUNTABILITY BOARD WHEREAS, Measure II was adopted on November 3, 2020 by the voters of Berkeley to create a new Police Accountability Board; and
WHEREAS, Article XVIII, Section 125, Part 6 provides for the Council’s appointment of board members; and
WHEREAS, the Councilmember Humbert submitted a nominee for appointment by the full council; and
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the following applicant is hereby appointed to the Police Accountability Board:

Nominee Nominated By
Randy Wells Councilmember Humbert

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: www.berkeleyca.gov

CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: 2025 Updated Commissioners’ and Board Members’ Manual

RECOMMENDATION
Adopt a Resolution approving the 2025 Commissioners’ and Board Members’ Manual, with administrative and procedural amendments including new and reorganized commissions, ADA and teleconferencing policy changes, and gender-neutral language; and rescinding Resolution No. 69,063-N.S.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Commissioners’ and Board Members’ Manual has been revised with a focus on clarity and organization, ensuring that all relevant requirements for commission service are clearly articulated, and that the regulations governing the conduct of commission meetings are precise and easily understood.

Revisions to the Commissioners’ Manual were made in consultation with the City Attorney’s Office and include recommendations proposed by the Open Government Commission. Please review the tracked changes version in Attachment 2 for all proposed modifications. Key updates include:
 Revision of references and content related to creation of Police Accountability Board (PAB) and sunset of Police Review Commission (PRC)  Addition of the SAFE STREETS Citizens Oversight Commission created by Measure FF in 2024
 Inclusion of the new ADA policy for remote participation  Incorporation of the new teleconferencing policy developed by the City Attorney’s Office
 Transition to gender-neutral language
 Correction of references related to ad hoc subcommittees following Brown Act noticing and participation requirements pursuant to Council action  Updating commission names per the commission reorganization in 2022-2024

2025 Updated Commissioners’ and Board Members’ Manual CONSENT CALENDAR March 11, 2025

 Revising appendices to align with policy changes (ADA, Stipends)  Addition of commissions to the list of Alternate Commissioners in accordance with Council action
 Modified formatting in the Manual to align with Web Content Accessibility Guidelines (WCAG)
 Changes related to increased use of e-mail and paperless processes

BACKGROUND
The Commissioners' and Board Members’ Manual serves as a valuable resource for commissioners, commission secretaries, city staff, and the public. It is provided to new commissioners, new commission secretaries, and is accessible to the public through the City Website. As state and local laws evolve and are implemented, updates and clarifications are necessary. The Manual was last updated in 2019, pursuant to Resolution No. 69,063-N.S.

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
ATTACHMENTS:
1) Resolution
Exhibit A: Updated 2025 Commissioners’ and Board Members’ Manual 2: Track Changes Version (Updated 2019 Version)

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

ADOPTING THE UPDATED EDITION OF THE COMMISSIONERS’ MANUAL AND RESCINDING RESOLUTION No. 69,063-N.S.

WHEREAS, the City of Berkeley Commissioners’ Manual is an important resource for commissioners, commission secretaries, city staff, and the public; and WHEREAS, the updated Commissioners’ Manual will provide commissioners and commission secretaries with relevant and current reference materials regarding policies, regulations and the conduct of meetings; and
WHEREAS, the Commissioners’ Manual was last updated in 2019.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley Commissioners’ and Board Members’ Manual (Exhibit A) is hereby adopted and set forth as the official policy of the City of Berkley with regards to the service of board members and commissioners, board and commission procedures, and the conduct of meetings.

BE IT FURTHER RESOLVED that Resolution No. 69,063-N.S. is hereby rescinded.

Exhibit A: Updated 2025 Commissioners’ and Board Members’ Manual

COMMISSIONERS' AND BOARD MEMBERS’ MANUAL
2025 Edition

BACKGROUND INFORMATION

RULES AND PROCEDURES

AMENDED AND OFFICIALLY ADOPTED BY
Resolution No. XX,XXX-N.S.

This material is available in alternative formats upon
request. Alternative formats include audio-format, braille, large print, electronic text, etc. Please contact the
Disability Services Specialist and allow 7-10 days for
production of the material in an alternative format.

Disability Services Specialist
Email: [email protected]
Phone: 1-510-981-6418
TTY: 1-510-981-6347

MESSAGE FROM THE CITY CLERK:

Members of boards and commissions provide an invaluable service to our City. They advise the City Council on a wide variety of subjects by making recommendations on important policy matters. Without the assistance of the various boards and commissions, the City Council could give many complex and significant matters only a perfunctory review. The detailed studies and considered advice of boards and commissions are often catalysts for innovative programs and improved services.

Serving on a board or commission can be a rewarding experience for community service– minded residents. It is an excellent way to participate in the functioning of local government and to make a personal contribution to the improvement of our community.

Making local government effective and responsive is everybody’s responsibility.

On behalf of the City Council, I wish to thank all commissioners for their service and extend an invitation to all residents of the City to give serious consideration to serving on an advisory body.

Again, thank you for your service to the City of Berkeley.

Berkeley City Clerk

Table of Contents
CHAPTER I. INTRODUCTION.........................................................................................9 A. Public Participation..................................................................................................9 B. Commission Origins ................................................................................................9 1) Charter ............................................................................................................10 2) Council Action .................................................................................................10 3) Federal and State Mandate.............................................................................10 4) Ballot Measure Approved by Voters................................................................10 C. Commission Types ................................................................................................11 1) Quasi-Judicial..................................................................................................11 2) Administrative..................................................................................................11 3) Advisory to the City Manager ..........................................................................11 4) Advisory to Council..........................................................................................11 D. Commission Purview.............................................................................................12 E. Development of a Work Plan.................................................................................12 CHAPTER II. SERVING ON A COMMISSION...............................................................13 A. Membership ............................................................................................................13 1) Residency Requirements and Affidavit of Residency......................................13 2) City Employees ...............................................................................................13 3) Application Procedure .....................................................................................13 4) Appointments ..................................................................................................14 5) Oath of Office ..................................................................................................15 6) Terms of Office................................................................................................15 7) Vacancy...........................................................................................................16 8) Commissions with Special Regulations...........................................................17 9) Attendance Requirements...............................................................................17 11) Leaves of Absence (BMC 3.02.030) ...............................................................19 12) Temporary Appointments ................................................................................20 13) Automatic Terminations...................................................................................21 14) Resignation Procedure....................................................................................21 B. Alternate Commissioners......................................................................................21 C. Accommodations for Commissioners with Disabilities .....................................22 D. Stipend Information ...............................................................................................23 E. Conflict of Interest Prohibited...............................................................................24 1) Influencing the Making of Contracts and Affecting Other Financial Interests..25 2) Disclosure Statements Required (Form 700) ..................................................25 3) Incompatible Public Offices .............................................................................26 4) Incompatible Activities for Compensation .......................................................27 5) State-Mandated Ethics Training......................................................................27 F. Commission Organization.....................................................................................27 1) Election of Officers and Terms of Office..........................................................27 2) Mandatory Annual Training for Chairs and Vice-Chairs..................................28 3) Duties of Officers.............................................................................................29 4) Transfer of Chair .............................................................................................29 5) Temporary Ad Hoc Committees ......................................................................30

A. Public Participation Chapter I. Introduction
CHAPTER III. COORDINATION WITH COUNCIL, STAFF, AND OTHERS .................32 A. Coordination with City Council.............................................................................32 1) Relationship to City Council ............................................................................32 2) Referrals from the City Council .......................................................................32 3) Communicating to the City Council .................................................................32 4) Council Meeting Procedures and Commission Participation...........................33 B. Coordination with Staff..........................................................................................34 1) Duties of Secretary..........................................................................................34 2) Relationship Between Secretary and Commission .........................................35 3) Relationship with the City Manager.................................................................37 C. External Relationships ..........................................................................................37 1) Meetings with Other City Commissions...........................................................37 2) Outside Agencies ............................................................................................38 3) General Public.................................................................................................38 4) Individual Commissioners ...............................................................................39 5) Press and Other Media ...................................................................................39 6) Election-Related Activity..................................................................................40 7) Summary .........................................................................................................40 CHAPTER IV. PUBLIC MEETINGS...............................................................................41 A. Legislative Bodies..................................................................................................41 B. Meetings..................................................................................................................41 1) Types of Meetings ...........................................................................................41 2) Exceptions.......................................................................................................42 3) Violations and Danger Areas...........................................................................43 C. Public Comment At Meetings ...............................................................................45 1) Public Comment on Items Not on the Agenda ................................................45 2) No Discussion of Items Raised at Public Comment ........................................45 3) Public Comment Must be Allowed Prior to the Vote........................................45 4) Limiting the Time for Public Speaking.............................................................46 5) Distinction Between Public Comment at Regular Meetings Versus Special Meetings...................................................................................................................46 6) Formal Participation by the Public/Presentations............................................46 7) Recording Meetings ........................................................................................46 D. Meeting Location and Accessibility .....................................................................46 E. Agenda and Notice Requirements........................................................................47 1) Regular Meetings ............................................................................................47 2) Special Meetings .............................................................................................48 3) Media List for Meetings ...................................................................................48 4) Agenda Titles/Purpose ....................................................................................48 5) Agenda Format/Headings ...............................................................................48 F. Submission of Commission Agenda Reports .....................................................50 G. Distribution of Commission Agenda Packets .....................................................50 H. Noticing for Cancelled and Adjourned Meetings ................................................51 1) Cancellation of Meetings .................................................................................51

Chapter I. Introduction A. Public Participation
CHAPTER V. COMMISSION PROCEDURES...............................................................53 A. Polling, Quorum, and Voting.................................................................................53 1) Polling..............................................................................................................53 2) Polling for Special Meetings ............................................................................53 3) Quorum ...........................................................................................................53 4) Voting ..............................................................................................................54 B. Basic Rules and Procedures of Commission Meetings .....................................55 1) Teleconferencing.............................................................................................55 2) Establishment of Meeting Rules......................................................................56 3) Motions............................................................................................................57 4) Motion to Reconsider a Vote ...........................................................................58 5) Parliamentary Procedure and Robert's Rules of Order...................................58 C. Order and Decorum ...............................................................................................58 1) Conduct of Public in Attendance .....................................................................58 2) Commission Conduct ......................................................................................59 D. Special Procedures................................................................................................59 1) Public Hearings ...............................................................................................59 2) Closed Sessions..............................................................................................61 E. Administrative Procedures ...................................................................................62 1) Commission and Board Documents................................................................62 2) Minutes............................................................................................................62 3) Recording Meetings ........................................................................................63 4) Official Commission Records ..........................................................................63 F. Berkeley Open Government Ordinance ...............................................................63 G. Use of the City Logo and Business Card Policy .................................................64 CHAPTER VI. COUNCIL REPORTS AND REPORTS TO COUNCIL...........................65 A. Agenda Process (Open Government Ordinance and A.R. 5.1)..........................65 B. COUNCIL Agenda Schedule..................................................................................65 C. Commission Reports to Council ..........................................................................66 1) Method of Communication ..............................................................................66 2) Basic Steps for Communicating to Council .....................................................67 3) Creating Council Reports ................................................................................67 4) Formatting and Submitting Council Reports....................................................67 5) Timeline...........................................................................................................67 6) Votes Needed to Take Action..........................................................................68 7) Reports to Council: Structure/Content/Format ................................................69 8) Review by Other Commissions .......................................................................70 D. Distribution with Council Agenda Packet............................................................70 E. Resolutions/Ordinances Accompanying Reports ..............................................70

A. Public Participation Chapter I. Introduction
APPENDIX A. BERKELEY MUNICIPAL ORGANIZATION CHART.............................73 APPENDIX B. BERKELEY CITY CHARTER SECTION 36 ..........................................74 APPENDIX C. BMC CHAPTER 3.64 INTERPRETING CITY CHARTER SECTION 36 CONCERNING MEMBERSHIP ON BOARDS AND COMMISSIONS...........................75 APPENDIX D. CITY ATTORNEY MEMO REGARDING CONFLICT OF INTEREST....77 APPENDIX E. BMC 3.02.050 COUNCIL DETERMINATION AS TO
INCOMPATIBILITY; RECUSAL; AUTOMATIC VACANCY..........................................81 APPENDIX F. RESOLUTION NO. 53,989-N.S. NOTICE TO POTENTIAL

CANDIDATES FOR BERKELEY ELECTIVE OFFICE AND INDIVIDUALS

INTERESTED IN SERVING AS MEMBERS OF CITY BOARDS AND COMMISSIONS ........................................................................................................................................83 APPENDIX G. ADMINISTRATIVE REGULATION 3.2 GOVERNING STIPENDS FOR COMMISSIONERS.........................................................................................................84 APPENDIX H. RESPONDING TO REQUESTS FOR ACCOMMODATIONS FOR PERSONS WITH DISABILITIES....................................................................................90 APPENDIX I. GENERAL INFORMATION FOR NEWLY APPOINTED
COMMISSIONERS.........................................................................................................94 GLOSSARY....................................................................................................................96 INDEX...........................................................................................................................101 MOTION TABLE ..........................................................................................................103 QUORUM CHART........................................................................................................104

Chapter I. Introduction A. Public Participation
City of Berkeley 9 Commissioner’s Manual
CHAPTER I. INTRODUCTION
CHAPTER I. INDEX
A. Public Participation..................................................................................................9 B. Commission Origins ................................................................................................9 C. Commission Types ................................................................................................11 D. Commission Purview.............................................................................................12 E. Development of a Work Plan.................................................................................12 A. PUBLIC PARTICIPATION
Berkeley’s system of boards and commissions provides members of the public who have special experience or interests a method to participate in the City's decision-making process by advising the City Council on numerous issues.

Throughout this manual, the word “commission” is used to denote all boards, commissions, and committees; and “commissioner” denotes all members of a board, commission, or committee.

It is not only the right but also the duty of residents to participate in planning for their future, and the City has a responsibility to provide commissioners with the tools to carry out their charge. That responsibility includes training and useful written procedures. This handbook attempts to fulfill the latter requirement.

The board and commission system provides the opportunity to interact with people of all ages, interests, and backgrounds. A better democracy can be realized when people are able to come together across neighborhood and economic lines to assist in making the community decisions that will shape all of their lives. While commissioners are themselves appointed from within the community, it is important that they in turn ensure that a wide variety of viewpoints from the rest of the community are considered when they make recommendations to the Council.

Commissioners should treat these widely varying viewpoints of other commissioners and members of the public with respect so that all residents are encouraged to participate in government.

The City of Berkeley enjoys a wide variety of Council-appointed boards, commissions, and committees that advise the Council on numerous issues. As resident participation has evolved into a vital and integral part of local government, the number of commissions has steadily grown. There are now approximately 33 such bodies functioning within the City of Berkeley. The Board of Education and the Rent Stabilization Board are separately elected, independent of the City Council, and are not within the purview of this Manual.

The roster of commissioners is a public document available in the City Clerk Department. The roster includes the name, residential or mailing address, home or business phone number, appointed by, and term start date of each commissioner.

B. COMMISSION ORIGINS
Commissions originate from four different sources: the City Charter, Council action, federal or state mandate, and a vote of the people.

B. Commission Origins Chapter I. Introduction
Commissioners’ Manual 10 City of Berkeley
All commissions share a common characteristic: Some or all commissioners are appointed either by the Council as a whole, or by each individual Councilmember in accordance with the Fair Representation Ordinance, Berkeley Municipal Code (BMC) Sections 2.04.030–2.04.130. Some Commissioners are directly appointed by the Berkeley Unified School District Board.
1) Charter
The present charter, first adopted in 1909, initially authorized the Personnel Board, the Civic Arts Commission, and the Board of Library Trustees, all of which are still active today.
2) Council Action
Indefinite Tenure
The overwhelming majority of commissions are created by ordinance or resolution to perform defined duties within a sphere of interest for an indefinite period of time. From time to time, the Council may create a new commission or consolidate or eliminate commissions as needed.

Limited Tenure
The Council may establish a commission or task force for a specific purpose and a limited period of time. The Council can take action to extend the tenure of a limited tenure commission.
3) Federal and State Mandate
Certain commissions are required by federal or state law, and the purposes and duties are specified by said law.

Examples include the Housing Advisory Commission, Human Welfare & Community Action Commission, and Mental Health Commission. 4) Ballot Measure Approved by Voters
Five bodies derive authority from measures adopted by the voters. These are the Fair Campaign Practices Commission (FCPC), the Police Accountability Board (PAB), the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE), the SAFE STREETS Citizens Oversight Committee (SSCOC), and the Independent Redistricting Commission. The FCPC is exempt from attendance rules cited in Chapter II but is bound by rules contained in its initiative ordinance, the Conflict of Interest program, and procedural rules devised to meet state open meeting standards. The SSBPPE, PAB, and SSCOC follow the rules in this manual.

There are several local and regional advisory bodies to which the Council may appoint only one or two members. The remainder are appointed by other agencies. Appointees may be Councilmembers, staff members, or members of the public. This category includes but is not limited to the Mosquito Abatement District Board, 2x2 Committee (City-BUSD), 4x4 Joint Task Force Committee (City-Rent Board), Alameda County Waste Management Commission, Association of Bay Area Governments, and League of California Cities (East Bay Division). These bodies are not subject to the guidelines in this handbook.

Chapter I. Introduction C. Commission Types
City of Berkeley 11 Commissioner’s Manual
C. COMMISSION TYPES
Commission activities are varied but generally fall into four categories. 1) Quasi-Judicial
Certain commissions have the authority to make binding decisions that require or restrict the action of individuals. Aggrieved parties have the right to appeal the commission decisions to the City Council. Quasi-judicial commissions have provisions in the Municipal Code to hold noticed public hearings. For more information regarding public hearings, see pages 42 and

59. Quasi-Judicial Commissions:
 Fair Campaign Practices Commission
 Open Government Commission
 Housing Advisory Commission (building official appeals)  Landmarks Preservation Commission
 Planning Commission
 Police Accountability Board
 Zoning Adjustments Board
2) Administrative
This type of commission has administrative powers to manage the subject under its purview.

Administrative Commission:
 Board of Library Trustees
3) Advisory to the City Manager
These commissions make recommendations to the City Manager.

Advisory to the City Manager:
 Personnel Board
Police Accountability Board
4) Advisory to Council
All commissions listed below advise the City Council concerning policies and programs, within the limitations of their enabling legislation.

Advisory to Council:
 Cannabis Commission
 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
 Design Review Committee
 Disaster and Fire Safety Commission
 Elmwood Business Improvement District Advisory Board

D. Commission Purview Chapter I. Introduction
Commissioners’ Manual 12 City of Berkeley
 Environment and Climate Commission
 Housing Advisory Commission (policy)
 Human Welfare & Community Action Commission
 Loan Administration Board
 Mental Health Commission
 Parks, Recreation and Waterfront Commission
 Peace & Justice Commission
 Police Accountability Board
 SAFE STREETS Citizens Oversight Committee
 Solano Avenue Business Improvement District Advisory Board  Sugar-Sweetened Beverage Product Panel of Experts
 Transportation and Infrastructure Commission
 Youth Commission
 Zero Waste Commission
D. COMMISSION PURVIEW
Every commission is created by enabling legislation, which may take the form of an ordinance or resolution. The enabling legislation defines the role, scope, and responsibilities of the commission. The enabling legislation is how the City Council assigns and defines what types of work each commission may undertake and limits on what type of recommendations each commission may make.

In order for commission recommendations to have significant meaning in the eyes of the City Council, all commissions should take special care to ensure that they remain within their subject area purview and the constraints of their enabling legislation. Occasionally two or more commissions will have overlapping subject matter. In these cases, the secretaries should work together to ensure the subject is handled by the proper commission (see Chapter III, Section C, page 37).

E. DEVELOPMENT OF A WORK PLAN
In 2016, the City Council took formal action directing all commissions, except Board of Library Trustees (BOLT), Design Review Board, and Zoning Adjustments Board (ZAB), to submit an annual work plan at the start of each fiscal year to the Council in the form of an Information Report. A commission work plan should contain the commission’s mission statement, goals, resources, activities, outputs, and desired outcomes. This planning document specifies how and when the commission plans to accomplish its objectives (by specifying outcomes) during the fiscal year. Goal statements explain the nature and scope of the work to be performed and the time needed to accomplish the goal.

Designing yearly work plans or goal statements may be done in conjunction with the development of the relevant departmental work plan so that the work of the department and the commission will complement each other throughout the year.

When developing a work plan, commissions should take special care to ensure that they remain within the subject area purview of their enabling legislation.

Chapter II. Serving on a Commission A. Membership
City of Berkeley 13 Commissioner’s Manual
CHAPTER II. SERVING ON A COMMISSION
CHAPTER II. INDEX
A. Membership ............................................................................................................13 B. Alternate Commissioners......................................................................................21 C. Accommodations for Commissioners with Disabilities .....................................22 D. Stipend Information ...............................................................................................23 E. Conflict of Interest Prohibited...............................................................................24 F. Commission Organization.....................................................................................27 A. MEMBERSHIP
1) Residency Requirements and Affidavit of Residency
As required by BMC Section 2.04.140, commissioners appointed by the Council or individual Councilmembers shall be residents of the City unless the commissioner is required by federal or state law or the ordinance establishing the commission to represent a specified organization, agency, group, category, or profession and residency is not required.

Pursuant to BMC Section 2.04.145, most commissioners are required to execute an Affidavit of Residency prior to appointment. The appointing Councilmember submits the executed affidavit with the appointment form.

Appointments to the FCPC and PAB and appointments made by the Berkeley Unified School District are exempt from the Affidavit of Residency requirement.

Commissioners must inform the secretary if they are no longer residing in the City of Berkley. The secretary of the commission shall inform the City Clerk in writing within one week after receiving such notification from a commissioner. The term of the commissioner shall expire on the date the notice is received by the City Clerk. If, however, a commissioner states that they are temporarily moving out of Berkeley and fully intend to reestablish residency in Berkeley within six months, the commissioner may continue to serve on the board or commission. At the end of the six months, the commissioner must inform the secretary whether the commissioner has reestablished residency in Berkeley. If the commissioner has not reestablished residency, automatic termination of membership will occur upon receipt of notification by the City Clerk. Commissioners are required to notify the City Clerk and secretary of contact information changes. 2) City Employees
BMC Section 3.80.030 prohibits City employees from being appointed to or sitting on Boards and Commissions as of December 1, 2016 except as specifically provided for in the Charter or BMC.
3) Application Procedure
Commission appointments are made in most cases by individual Councilmembers and sometimes by the Council as a whole. A comprehensive list of current boards and commissions and the applications to apply are available in the City Clerk Department. This information may also be obtained through the City's website at https://berkeleyca.gov/your- government/boards-commissions. Completed application forms must be

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returned to the City Clerk. The City Clerk will forward the applications to each member of the City Council. Councilmembers will contact applicants in whom they are interested to discuss appointment or other participation opportunities.
4) Appointments
Appointments to most commissions are regulated by BMC Sections

2.04.030–2.04.130, commonly referred to as the Fair Representation Ordinance, or “FRO.” This voter initiative, adopted in 1975, requires that Councilmembers have equal representation on boards and commissions.

Most commissions created by the Council are governed by the Fair Representation Ordinance.

Commissions responsible for appointing commissioners to other commissions must follow the rules for appointments in this Manual and the Municipal Code. Furthermore, these appointments to other commissions that arise from membership on a parent commission are terminated if the commissioner is terminated or resigns from the parent commission.

Example: If a ZAB commissioner who is also the ZAB’s appointee to the Design Review Commission is terminated, their term on the Design Review Committee also terminates.

Generally, the appointment process begins when a Councilmember submits an appointment form and an Affidavit of Residency to the City Clerk. The City Clerk determines if the person is eligible to serve and processes the appointment. The Clerk then notifies the commission secretary that the appointment is valid. A commissioner may not serve at any commission meeting until the commission secretary receives approval from the City Clerk Department and the commissioner has taken the Oath of Office.

NOTE: Participation of commissioners not deemed eligible by the City Clerk may result in nullification of commission actions.

After a new commissioner is appointed, the City Clerk Department will e- mail a packet of important information and will mail the appointment letter to the commissioner.

Requirement:

Commissioner appointments must be submitted to the City Clerk before 5:00 p.m. the day of the meeting and prior to the beginning of the meeting, to allow sufficient time to determine the appointee’s eligibility and process the appointment.

Consequence:

Failure to notify the City Clerk Department of commissioner transactions in a timely manner will result in a delay in the effective date of the transaction. This may lead to unexcused absences, nullification of commission votes, or possible termination from the commission.

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5) Oath of Office
Before commissioners can participate as voting members of their commissions, they must take the Oath of Office as required by law (City Charter Article V, Section 18) at the City Clerk Department or through their commission secretaries. Failure to take the Oath of Office within 30 days of the appointment date is cause for automatic termination. Commissioners must take the Oath of Office for every temporary appointment they accept, unless they are appointed as Alternate Commissioners (see page 21).

Secretaries must check with the City Clerk Department prior to the commission meeting to verify that all newly appointed commissioners have taken the Oath of Office before allowing them to be seated. If the secretary is unable to verify if the oath has been taken, they must administer the oath prior to allowing the commissioner to be seated. It is the secretary’s responsibility to forward completed oaths of office to the City Clerk Department upon completion.

Requirement:

All commissioners must complete and sign the Oath of Office within 30 days of the appointment date and prior to serving in their official capacity.

Consequence:

If a commissioner fails to take the Oath of Office within 30 days, their appointment will be automatically terminated. Serving at a meeting without having taken the Oath of Office may result in nullified votes and items that have to be re-agendized.
6) Terms of Office
Most Berkeley commissioners have both “term minimums” and “term maximums.”
Term Minimum
The term minimum ensures that, regardless of the date of appointment, a commissioner cannot be replaced by a Councilmember prior to December 1 in the year in which they were appointed.

If the appointing Councilmember dies, resigns, or is recalled prior to December 1, the term minimum of appointees of that Councilmember expires on the date of death, resignation, or recall (BMC Section 2.04.075).

Commissioners who have reached the term minimum may continue to serve at-will, and retain full voting rights after December 1 until they are replaced, terminated, resign, or reach their eight-year term limit.

Commissioners serve at the pleasure of the Councilmember who appointed them. As a matter of courtesy, it is recommended that the Councilmember should set the date a commissioner is to be replaced on a commission and communicate that date to the commissioner at least two weeks prior to the official date of replacement.

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Question:

A commissioner resigned to take a job out of state in March. The Councilmember appointed a new commissioner to the position. In April, the original commissioner returned to Berkeley and requested their appointment back. May the Councilmember terminate the newly appointed commissioner and reappoint the original one?
Answer:

No. The new commissioner serves under the term minimum policy until December 1 of that year. They may only be removed from office through resignation or failure to meet terms of service (e.g., residency, attendance, etc.).

Term Maximum
Commissioners who have served the maximum of eight years on a commission shall not be eligible to serve on that commission until a two- year break in service has occurred (BMC 3.02.040). The City Clerk will notify the commissioner and the secretary in advance of the expiration of the eight-year limit.

The eight-year limit is not affected by interruption of service due to:
 Absence from the commission due to termination for excessive absences, from missing three consecutive meetings, or from missing 50% or more regular meetings in a six-month period (BMC 3.02.020).  Absence from the commission due to any leave(s) of absence (BMC

3.02.030).
 Absence from the commission due to termination pursuant to the provisions of the City's Conflict of Interest Code or for failure to file the required Statement of Economic Interests.

Question:

If a commissioner begins their term on April 1, 2005, is terminated for lack of attendance on July 1, 2008, and reappointed on October 1, 2008, does their eight-year clock reset with the new appointment date? Answer:

No. According to BMC, 3.02.040, despite the three-month gap in service in 2008, the commissioner’s term expires on April 1, 2013. 7) Vacancy
Each vacancy on a commission is to be filled through appointment or reappointment by the Councilmember to whom the vacancy is credited. In the case of newly elected first-time Councilmembers, the appointee of the newly elected Councilmember shall replace the appointee of the Councilmember from the same Council district who was not reelected, and the appointee of a newly elected Mayor shall replace the appointee of the outgoing Mayor.

A temporary appointment may not be made to fill a vacancy on any board or commission.

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8) Commissions with Special Regulations
Several commissions require special qualifications for appointment. For example, some appointees to the Community Health Commission, Cannabis Commission, Mental Health Commission, the SSCOC, and the Sugar-Sweetened Beverage Product Panel of Experts must satisfy occupational or specific category requirements under state or local law.

Other commissions have unique terms of appointment, such as the PAB (Charter Art. XVIII), which sets terms of four years, and the Youth Commission (BMC 3.42.030), which sets terms of one year. The FCPC (BMC 2.12.175) sets terms the same as the appointing Councilmember or Mayor. Appointments to the Mental Health Commission are made by the Council as a whole for three-year terms (Resolution No. 65,945-N.S.).

The two youth commissioners on the Environment and Climate Commissions are appointed by the Council as a whole from candidates recommended by the Berkeley Unified School District Board of Directors.

If specific rules deviating from the norm concerning appointments and terms exist, these are contained in the BMC sections or resolution that establishes the commission.
9) Attendance Requirements
Failure to comply with attendance rules and other requirements can result in automatic termination and/or lack of a quorum. It is important to note that all commissions, regardless of the frequency of meetings, are subject to these attendance regulations.

Commissioners must attend all meetings in order to avoid being marked absent. A commissioner is determined to be “absent” unless they 1) have been granted an excused absence because the meeting conflicts with a religious or cultural holiday (see below); or 2) The commissioner has obtained an approved leave of absence from their appointing councilmember or commission (see Chapter II, Section A.10).

Commissioners who have excused absences, or an approved leave of absence, or who attended, will not be marked as absent.

Commissioners should inform the secretary as far in advance as possible if they cannot attend a meeting. Secretaries should advise these commissioners to request a leave of absence for the meeting.

NOTE: A commissioner must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

Absence from Three Consecutive Regular Meetings
If a commissioner is absent from three consecutive regular meetings their appointment to the commission will be automatically terminated. If a commissioner has been absent from two consecutive regular meetings, the secretary will advise the commissioner that absence from three consecutive regular meetings of the body will result in automatic termination. Within one

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week of the third consecutive absence, the commission secretary will notify the City Clerk in writing of the dates of the three absences. The appointment expires on the date the fact of the third absence is reported to the City Clerk.

Within one week, the City Clerk will notify the commissioner that they have been terminated and notify the Councilmember or Council, as appropriate, that a vacancy exists on the commission and that an appointment may be made to fill such vacancy (BMC 3.02.020). Attendance at special meetings (any meeting outside the standard meeting schedule) does not count toward attendance requirements.

Absence from 50% of All Regular Meetings
If a commissioner has been absent from 50% or more of all regular meetings held within the reporting period, their appointment to the commission will be terminated (BMC 3.02.020). The secretary of each commission shall report the full attendance record of each commissioner to the City Clerk at the end of each six-month period (June 30 and December 31) on a form provided by the City Clerk. The appointment of the commissioner will terminate on the date the attendance is reported to the City Clerk. Within one week of receiving such attendance report, the City Clerk will notify any commissioner whose appointment has been terminated and report to the appointing Councilmember, or Council, that a vacancy exists and that an appointment may be made to fill the vacancy.

NOTE: A commissioner appointed in January to a commission that held six regular meetings in the January to June reporting period must attend four regular meetings in order to comply with the attendance rules.

Newly appointed commissioners must attend more than half of all regular meetings held during the reporting period since being appointed in order to avoid termination.

Commissions That Meet on a Reduced Schedule
Some commissions may have a fewer number of meetings allowed in a year (less than the standard 10 meetings per year). Secretaries of commissions that meet on a reduced schedule will advise any commissioner who has been absent (as defined above) from one regular meeting that absence from two consecutive regular meetings of the body will result in automatic termination by the same mechanism described above.

The reporting period for a commission that meets on a reduced schedule is the full calendar year. Commissioners on these commissions will be terminated if they are absent from 50% or more of all regular meetings in the calendar year.

Commissions with Special Regulations
The FCPC was created by a ballot measure that was adopted prior to the addition of the automatic termination rules to the Municipal Code. Members of the FCPC are exempt from these provisions.

The ballot measure that created the PAB does provide for standard attendance and termination rules for members of the PAB.

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The SSBPPE and SSCOC were created by a ballot measure adopted after the automatic termination provisions were added to the BMC and, thus, the rules for Council-created advisory commissions also apply to these two commissions.

No Quorum—Meeting Cancelled
When it is expected that there will be sufficient commissioners to hold a meeting but at the actual time of the meeting a quorum cannot be assembled and the meeting is cancelled, those commissioners who are absent will have an absence counted against them. Commissioners who have excused absences, or an approved leave of absence, or who attended will not be marked as absent.

If it is known that a quorum will not be achieved, the secretary will notify all commissioners that the meeting will be cancelled. No absence will be recorded against any commissioner. See Chapter IV, Section H for more details on procedures when lack of quorum occurs.
10) Excused Absences
An “excused absence” is only granted when a commissioner must miss a meeting due a religious or cultural holiday. To encourage full participation in commission meetings by all commissioners and the public, the Council encourages commissions to refrain from scheduling meetings on cultural and religious holidays. Commissioners may make a written request in advance of a meeting that an absence be excused due to a conflict between a scheduled commission meeting and a cultural or religious holiday. The excused absence can be granted before or after the scheduled meeting.

The secretary will then excuse the absence and note the excused absence in the semi-annual attendance report sent to the City Clerk (BMC 3.02.030). 11) Leaves of Absence (BMC 3.02.030)
An appointing Councilmember may grant a leave of absence (LOA) for a specific meeting, or a period not to exceed three months. Written notice of the LOA must be filed by the Councilmember with the City Clerk prior to the actual absence. For meetings held after business hours, the notice of leave must be received by the City Clerk before 5:00 p.m. on the day of the commission meeting in order to count for that meeting. As per Ordinance No. 7,911-N.S., the Mayor can approve a Leave of Absence for a Commissioner appointed by the Council as a whole.

NOTE: A leave of absence may not be granted or applied retroactively.

Commissioners may seek to be reinstated prior to the end date of their LOA.

This request must be made to the appointing Councilmember. If this request is granted, the Councilmember must submit a written request to the City Clerk to terminate the LOA. Once the leave is terminated, any temporary appointee shall have no further right to serve, and the regular commissioner will resume their duties on the commission. The City Clerk will notify the secretary of these transactions.

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As stated above, a LOA may be granted for a period not to exceed three months. A subsequent LOA may not be granted to the commissioner if it will extend the total uninterrupted leave beyond three months. The commissioner will be marked absent from any meetings missed beyond the end of the three-month maximum leave. A commissioner must attend at least one meeting in between LOAs.

Youth Commissioners and Peace & Justice Commissioners appointed by a School Board Director must request a LOA from their appointing Director.

Exception for Design Review Committee
Members of the Design Review Committee must request any LOA from the appointing commission. The request must be submitted through the agenda process by the commission secretary of the appointing commission.

Example: If a commissioner is a member of both the Zoning Adjustments Board (ZAB) and the Design Review Committee, that commissioner must obtain a LOA from their appointing Councilmember for ZAB and also have the ZAB grant a LOA for their position on the Design Review Committee.

Question:

If a commissioner is granted a LOA for June 1 through July 31 and the commission does not meet in August, may the commissioner request a LOA for the September meeting?
Answer:

No. A single LOA or consecutive leaves of absence may not extend longer than three months.
12) Temporary Appointments
During the commissioner's authorized LOA, the commission treats the absence as a vacancy; that is, the number required for a quorum drops accordingly (see Chapter V, Section A, page 53-54, for details). The appointing Councilmember or the Council may fill such vacancy by a temporary appointment for a period not to exceed the period of the temporary vacancy. Specific rules for temporary appointments include:
 A temporary appointee cannot obtain a LOA during their tenure.  A temporary appointee can be terminated for missing three consecutive meetings.
 A temporary appointee can be terminated for non-filing of a required Form 700 within 30 days of appointment.
 If the commissioner on an approved LOA resigns or is terminated, the associated temporary appointee is automatically terminated.  A temporary appointment may not be made to a vacant seat on any board or commission.

A temporary appointee does not assume any appointments of the regular commissioner such as chair, vice-chair, or seats on other committees.

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13) Automatic Terminations
The importance of complying with the requirements of being a commissioner cannot be emphasized enough. Failure to recognize these requirements will result in automatic termination. The following are reasons why commissioners are automatically terminated.
 Absence from three consecutive regular meetings (see Section A.9, page 17, of this chapter for details).
 Absence from 50% or more of all regular meetings in a six-month period (see Section A.9, page 17, of this chapter for details).  The non-filing of required Conflict of Interest Disclosure statements (see Section E.2, page 25, of this chapter for details).
 Failure to take the Oath of Office within 30 days of the appointment date (see Section A.5, page 15, of this chapter for details).  Non-residency (see Section A.1, page 13, of this chapter for details).  Failure to meet any eligibility requirements of the ordinance, resolution, or other law establishing the commission or regulating its membership.

NOTE: A commissioner may not be reappointed to any commission for a period of one year if they are terminated more than four times for any of the above reasons.

If a commissioner is terminated more than four times due to any of the above reasons or a combination of the above reasons, they are terminated from all commissions and committees and may not be appointed again to any commission for one year.

No commissioner may be appointed to any commission if there are outstanding Conflict of Interest statements or fines, and no commissioner may be appointed to any commission for a period of one year if terminated from any commission more than once for failure to file such statements. 14) Resignation Procedure
A commissioner wishing to resign shall submit a written resignation directly to the City Clerk and to the appointing Councilmember or the Council, as appropriate. Either an electronic or a hard copy resignation will be accepted.

Once submitted, a letter of resignation cannot be withdrawn. The effective date of the resignation is the date it is received by the City Clerk unless a future date is indicated. The City Clerk shall then notify the Councilmember, or Council, and the secretary of the commission that a vacancy exists.

B. ALTERNATE COMMISSIONERS
In 2015, Council amended Berkeley Municipal Code Chapter 3.02.035 to allow each Councilmember and the Mayor to appoint a pool of five Alternate Commissioners to serve on designated commissions when their regular appointee is on an approved leave of absence.

Per Resolution No. 71,206–N.S., the designated commissions on which Alternate Commissioners may serve are:
 Community Health Commission
 Environment and Climate Commission

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 Housing Advisory Commission
 Landmarks Preservation Commission
 Parks, Recreation, and Waterfront Commission
 Planning Commission
 Sugar-Sweetened Beverage Product Panel of Experts
 Transportation and Infrastructure Commission
 Zero Waste Commission
 Zoning Adjustments Board
NOTE: Appointments of Alternate Commissioners to quasi-judicial commissions must be made at least two business days prior to the meeting.

The Council may add to or remove commissions from this list at its discretion.

All regulations and requirements of the BMC that apply to a Commissioner as defined in 3.02.010.A also apply to Alternate Commissioners except BMC Section

3.02.040 (term maximum).

For any commission with specific requirements for membership, the Alternate Commissioner must meet the same special category requirements in order to serve.

Alternate Commissioners are subject to the December 1 term minimum.

Alternate Commissioners must complete the Oath of Office and file a Form 700 at the time of their appointment as an Alternate Commissioner and not for each temporary appointment to one of the designated Commissions.

The appointment of an Alternate Commissioner to serve as a temporary appointee must be filed by the appointing Councilmember or Mayor with the City Clerk prior to the meeting at which the Alternate Commissioner is to serve. For meetings held after business hours, the temporary appointment must be received by the City Clerk before 5:00 p.m. on the day of the commission meeting in order to be effective for that meeting.

C. ACCOMMODATIONS FOR COMMISSIONERS WITH DISABILITIES
Members of boards, commissions, and the public who have a disability have a right to reasonable accommodations necessary for them to participate in City meetings and programs. The Americans with Disabilities Act (ADA) and other laws mandate that the City provide programmatic access and effective communication in order for people with disabilities to be able to participate in the City’s programs, services, and activities including public meetings. More information is available on page 46 and in Appendix H.

Individuals with disabilities who need accommodations to participate at a City of Berkeley meeting should make their requests to the ADA Program Coordinator, who will evaluate the individual’s request and determine the appropriate method of accommodation. If possible, individuals are asked to attempt to make a disability-related accommodation request 72 hours in advance of meetings to ensure that the City has an adequate opportunity to provide reasonable

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accommodation. The City will make good faith efforts to provide accommodations that are requested less than 72 hours in advance of a meeting.

Requests to the ADA Program Coordinator can be made by calling the ADA Program Coordinator at (510) 981-6418 or emailing [email protected].

D. STIPEND INFORMATION
In order to remove economic hardship barriers from public participation, the City Council, by Resolution No. 69,739-N.S., authorized payment in lieu of certain expenses to commissioners of all Council-appointed boards, commissions, committees, task forces, and joint committees who meet certain household income criteria. Committees of commissions designated by the advisory body and not by Council appointment are not eligible for reimbursement.

Eligibility criteria for stipend and reimbursement
 Persons eligible to receive reimbursement in lieu of expenses are those board, commission, committee, task force or joint committee members whose household gross income as filed jointly for federal income tax purposes is below the Alameda County 50% AMI for a 3-person household per year ($70,075 per year as of January 2024).
 Commissioners who are minors (under 18 years old) must have eligibility declaration forms co-signed by a parent or legal guardian attesting that the combined 3-person household income is under the Alameda County 50% AMI ($70,075 per year as of January 2024).
 To establish eligibility, commissioners must file the Annual Declaration form in Appendix G with the secretary of their board, commission, or committee.

Commissioners must file a new declaration form annually prior to May 31 in order to maintain eligibility.

An eligible commissioner is authorized to receive
 $100 for each official meeting attended, not to exceed four meetings each month. This amount is indexed for inflation annually.
 Reimbursement for actual childcare expenses incurred while they attend meetings.
 Reimbursement for actual expenses paid to an attendant to provide care for a dependent elderly person while the commissioner attends meetings.  Reimbursement for actual expenses incurred for disabled support services necessary to participate fully in board, commission, or committee meetings.

If a commissioner is paid $600 or more in stipend payments in one calendar year, an IRS Form 1099 will be generated by the Finance Department.

It is the responsibility of the commission secretary to submit quarterly stipend forms to the Accounts Payable Division. Additional stipend policy and instructions are in Administrative Regulation 3.2, which is included in Appendix G.

Pursuant to the City Charter, PAB members shall receive $100 per regular or special meeting attended, but in no case shall compensation for any one commissioner exceed $300 per month.

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E. CONFLICT OF INTEREST PROHIBITED
Members of Berkeley's commissions provide advice to the City Council, study various matters and, in the case of certain commissions, function in a quasi-judicial capacity. All members of commissions should be aware of the need to avoid any instances of conflict of interest. Conflict of interest standards are generally applicable to all commissions. Additional requirements may be applicable to particular boards and commissions.

Government Code Section 1090
Government Code Section 1090 prohibits public officers, acting in their official capacities, from making contracts in which they are financially interested.

Violations of Section 1090 are felonies. A memo from the City Attorney regarding how to avoid conflicts of interest under Section 1090 is included as Appendix D.

Making recommendations to Council regarding City contracts is considered part of making the contract.

State Political Reform Act and Berkeley Conflict of Interest Code The state Political Reform Act, Government Code Sections 81000 et seq., and the Berkeley Conflict of Interest Code adopted pursuant to the Act prohibit a commissioner from making, participating in making, or attempting to influence the making of any City decision if the commissioner knows or has reason to know that it is reasonably foreseeable that the decision will have a material financial effect on specific interests of the commissioner or a member of the commissioner's family distinguishable from its effect on the public generally. The state Fair Political Practices Commission (FPPC) enforces these procedures, and the scope of these prohibitions is delineated in FPPC regulations and advice letters. Commissioners may seek the advice of the City Attorney as to whether they should disqualify themselves. However, only a formal advice letter from the FPPC will insulate a commissioner from enforcement actions by the FPPC. Commissioners must seek the advice of the City Attorney or FPPC well before they are required to participate in a matter that would create a possible conflict of interest.

NOTE: Contact the City Attorney’s Office at [email protected] or at 510- 981-6950 at least two days in advance of a meeting if you think there may be a potential conflict on a matter under consideration by the commission. Contact the FPPC advice line at 1-866-ASK-FPPC for general questions.

In addition to filing required disclosure statements described below, any such conflict of interest must be publicly disclosed and noted in the official record of the commission meeting. In such cases, the commissioner completes the positive act of verbal disclosure, recuses themselves, and refrains from voting.

Recusal for Conflict of Interest
Recusal is the affirmative action of removing oneself from consideration, discussion, and voting on an issue in which a conflict of interest exists.

Commissioners must make the required disclosure above and then physically remove themselves from the proceedings. Recusal requires that the commissioner leave the room, or virtual meeting space, where commission discussion is occurring. The commissioner may not reenter the meeting space until after the consideration (including any votes taken) of the issue has concluded.

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NOTE: The number of votes needed for action is not reduced when a commissioner who has a disqualifying conflict of interest is recused.

Scenario:

The Environment and Climate Commission has worked for over a year to develop a recommendation to Council to approve a low-cost contract with a solar panel company. One of the commissioners owns stock in the solar panel company but forgot about it, as it was just a small amount.

When the recommendation came before Council, the commissioner’s relationship with the recommended vendor was discovered. Council was forced to disregard all of the work the commission did when considering the contract, thus wasting many hours of hard work.
1) Influencing the Making of Contracts and Affecting Other Financial Interests
Section 36 of the Berkeley City Charter and BMC Chapter 3.64 prohibit a commissioner on an advisory body from having an interest in any work or business of the City if the commission of which they are a member has had any role in influencing the making of the contract. These roles would include reviewing the contract itself, reviewing bid specifications, reviewing requests for proposals, discussing funding of the activity that is the subject of the contract, or making other kinds of policy recommendations that directly affect the making of the contract. A commissioner cannot satisfy the Berkeley City Charter and BMC Chapter 3.64 simply by disqualifying themself when the vote or discussion on the contract is taking place. The law prohibits the contract itself.

However, some exceptions to this rule exist. For example, if the commissioner is an officer, member, director, or employee of a nonprofit corporation that is to receive the contract in question, the law does not prohibit the contract itself. The commissioner must disclose their interest, the minutes of the commission must reflect this disclosure, and the individual commissioner must disqualify themself from participating in any manner, either directly or indirectly, in making or influencing any decision related to the contract.
2) Disclosure Statements Required (Form 700)
The Government Code of the State of California requires that designated commissioners file a Form 700 Statement of Economic Interests in which they disclose specified financial interests. The Berkeley Conflict of Interest Code specifies each commission that is subject to this requirement and the interests that must be disclosed.

NOTE: Failure to file Assuming Office and Annual Form 700s on time will result in termination from the commission. Failure to file any required Form 700 by the deadline (Assuming, Annual, Leaving) may result in the assessment of fines.

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An Assuming Office Form 700 must be filed with the City Clerk Department within 30 days of appointment. Annual Form 700s must be filed by April 1 of each year. Finally, a Leaving Office Form 700 is required within 30 days of leaving office.

The City Clerk will routinely advise all commissioners affected of these requirements and deadlines. Not all commissioners are required to report at the same degree of disclosure. The Conflict of Interest Code is designed to require only that degree of disclosure needed to protect the public interest while balancing that need with an individual's right to privacy.

If a commissioner serving on a commission specified in the Code fails to file an Assuming Office Form 700 within 30 days of their appointment, their appointment will automatically terminate. Failure to file an Annual Form 700 within 30 days of the City Clerk issuing specific written notice of non-filing will also result in termination of a commissioner’s term.

If a person has been terminated from a commission for any reason and a Councilmember wishes to appoint that person again, the commissioner must first file a Leaving Office statement prior to the new appointment. They are then required to file another Assuming Office statement within 30 days of the date of reappointment. If the commissioner is reappointed within 30 days of termination, there is no filing obligation.

No commissioner may be appointed to any commission if there are outstanding Conflict of Interest statements or fines, and no commissioner shall be appointed to any commission for a period of one year if terminated from any commission more than once for failure to file such statements.

Scenario:

A commissioner was terminated in January for failing to file their Assuming Office Form 700 within 30 days of appointment. The Clerk Department processed the termination, noting that they were terminated for the same issue a few months prior. In September of that year, a Councilmember wanted to appoint them to serve on another commission. The appointment was denied because they may not serve on any commission for one year after termination more than once due to non-filing of Form 700.
3) Incompatible Public Offices
The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices that are incompatible in terms of their duties and/or the likelihood of divided loyalties. However, in Berkeley, serving on two or more City boards or commissions, including quasi-judicial bodies, is permitted (BMC Chapter 3.80). A commissioner who already occupies an elected or appointed office other than a City board or commission and wants to apply for appointment to a City commission should seek the City Attorney's advice as to whether the two offices may be deemed incompatible.

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4) Incompatible Activities for Compensation
Government Code Section 1126 prohibits a public official from engaging in activities for compensation that are incompatible with their public office. A commissioner engaged in compensated activities that may be incompatible with their duties as a commissioner should consult the City Attorney. 5) State-Mandated Ethics Training
State law (AB 1234) requires certain local agency officials to receive training in ethics. In Berkeley, the officials identified for this requirement are Mayor and City Council, City Auditor, Rent Stabilization Board Commissioners, Board of Library Trustees, and Police Accountability Board members.

These officials will receive a notice from the City Clerk advising them of the required training. The training may be completed on the FPPC website. The training must be completed within one year of the date of appointment and every two years thereafter. A certification of completion must be filed with the City Clerk. For more information, please contact the City Clerk Department.

F. COMMISSION ORGANIZATION
1) Election of Officers and Terms of Office
Unless otherwise provided by ordinance, 1 the chair and vice-chair are elected by the majority of the commission for a one-year term and hold office until their successors are elected or until their terms as members of the commission expire. No commissioner shall serve as chair for more than two consecutive years. There is no term limit for vice-chair.

Unless otherwise provided for in the enabling legislation, the annual election of commission officers should occur during the month of February. The election of officers must be listed as an item on the agenda.

Two meetings prior to the meeting at which officers will be elected, commissions are encouraged to list as an agenda item a discussion of the election, to inform all commissioners of the opportunity to seek nomination and election for the offices of chair and vice chair, to discuss and agree to the nomination process and timing for nominations (if no policy has been enacted by the commission), and to add clarity for commissioners and the public. In order to facilitate an orderly and fair nomination process, commissions may open nominations at the January meeting (or the meeting prior to the February meeting) and then hold the vote on officers at the February meeting. A commission may enact a policy on officer elections in conformance with the requirements stated below, specifying the timing for nominations, the order in which nominations will be voted upon, and any other details that support a fair, orderly and transparent process for election of officers.
1 Election of officers to the Police Accountability Board is governed by the City Charter. Board of Library Trustees and Landmarks Preservation Commission officer elections are regulated by BMC Sections 3.04.040, and 3.24.030, respectively.

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If there are multiple nominees for chair or vice-chair, the commission may wish to use a process by which all nominations can be made prior to voting.

Full discussion of nominations is recommended, including the ability of nominees to speak on behalf of their own candidacy.

Additional regulations for officer elections
 Nominations for chair and vice-chair require a motion (with second).  A commissioner may nominate themself.
 Any member of the commission, regardless of length of tenure on the commission may be elected chair or vice-chair.
 There is no automatic succession from vice-chair to chair.  Motions to nominate and elect must be voted on in the public forum, and no secret ballots are allowed.
 A roll call vote is recommended for votes on commission officers, and is required if any commissioner requests a roll call vote.  The results of the vote must be publicly announced and the vote recorded in the minutes. (Resolution No. 63,876-N.S.).
 A commissioner may not be elected chair if they will not be able to finish the term due to the two-year limitation.

Terms of office for officers are determined by the date the election regularly occurs, not by the date it may have actually occurred. If there is a slight variation in the date of the election, the sitting chair may serve on an interim basis provided that they do not exceed the two-year limit.

Scenario:

The chair is elected in February 2024. The chair resigns in April 2024. A new chair is elected in May 2024. The newly elected chair will serve from May 2024 to February 2025, when the next regular election is held. 2) Mandatory Annual Training for Chairs and Vice-Chairs Chairs and vice-chairs are required to complete mandatory annual training.

Resolution Nos. 60,531-N.S. and 63,876-N.S. were adopted by the City Council to implement video training for commission officers.

The chair and vice-chair must view, in its entirety, a training video on commission procedures and legal requirements. Upon completion, the chair and vice-chair must file with the City Clerk an Affirmation of Completion.

This training video must be viewed and the Affirmation of Completion must be filed with the City Clerk no later than 60 calendar days from the date of election as chair or vice-chair. Failure to complete the video training and file the Affirmation of Completion within 60 days of election will result in the immediate forfeiture of the position of chair or vice-chair.

NOTE: Commission officers must file an Affirmation of Completion within 60 days from the date of election or forfeit their seat as chair or vice-chair.

While not mandatory for commissioners other than the chair and vice-chair, completion of this training is encouraged for all commissioners.

Chapter II. Serving on a Commission Commission Organization City of Berkeley 29 Commissioner’s Manual
The required training video may be viewed online through the city website - https://berkeleyca.gov/your-government/boards-commissions/serving- board-or-commission
3) Duties of Officers
The “presiding officer” (chair or, in their absence, the vice-chair), performs the following duties.
 Presides at all meetings of the commission and ensures that the work of the commission is accomplished. To this end, the chair must exert sufficient control of the meeting to eliminate irrelevant, repetitious, or otherwise unproductive discussion. At the same time, the chair must ensure that all viewpoints are heard and are considered in a fair and impartial manner.
 Ensures that commission bylaws, if any, and procedures are followed.

The chair cannot make rules related to the conduct of meetings; only the full commission may do so.
 Appoints commissioners to temporary committees subject to the approval of the full commission.
 Approves the agenda prior to distribution. This is limited to the structure and order of the agenda and does not grant the chair the authority to remove an item submitted by commissioners or staff if submitted by the established deadline.
 Signs correspondence on behalf of the commission.
 Represents the commission before the City Council. Other commissioners may be the representative with the formal approval of the commission by motion and vote.
 Approves commission reports to Council. The chair cannot modify content that was approved by the full commission.
 The chair or a quorum of the commission may call a special meeting.  The chair and vice-chair have full rights to vote and to make or second motions.
4) Transfer of Chair
In the absence of the chair or their inability to act, the vice-chair presides in place of the chair, but does not assume the office of chair. In the event of the absence or the inability to act of both the chair and the vice-chair, the remaining commissioners elect one of their members to act as temporary chair.

If a chair is terminated from the commission for any reason, or resigns, the office is vacated, and a new election for chair must be held to fill the office.

The vice-chair does not assume the office of chair, rather they preside over the meetings and execute the chair’s duties as the vice-chair. If a vice-chair is terminated, the office is vacated, and a new election would be held to fill the office. If an officer is terminated and subsequently reappointed to the commission, they shall not resume the office and must be reelected to the office by the majority of the membership.

Commission Organization Chapter II. Serving on a Commission Commissioners’ Manual 30 City of Berkeley
NOTE: In the event a chair leaves the commission prior to the end of their term, the vice-chair performs the duties of chair but does not assume the office of chair. An election must be agendized and a new chair must be elected at a subsequent meeting. The vice-chair may be elected as chair, as may any other commissioner, but the commission must vote on the election.
5) Temporary Ad Hoc Committees
From time to time, the commission or the chair, with the confirmation of the commission, may appoint several of its members, but fewer than a quorum of the present body, to serve as a temporary ad hoc committee.

Commissions are limited to the creation of ad hoc single purpose committees.

Ad hoc committees are defined by all of the following characteristics.  Composed of less than a quorum of the parent body.
 Composed of only members of the parent body (no members of other commissions or any other persons may be included).
 Have a finite purview established by the parent body.  Have a set target date to report back to the parent body.  Terminate within one year, unless the parent body reviews and extends the timeline.
 Have no regular meeting schedule set by the parent body.  Have no alternate commissioner assigned to attend meetings, even as an observer, if their presence would create a quorum of the parent body.

Ad hoc committees are advisory only to their parent commission, not to Council and are tasked with the study of a specific issue and with making a recommendation to their parent commission. The parent commission has the opportunity for input when the ad hoc committee reports its findings and makes the recommendation(s). The parent commission has final decision- making authority on the disposition of the ad hoc committee’s work.

The parent commission must adopt committee recommendations before they can be forwarded to Council. A committee may not represent the parent commission before the Council or other City legislative bodies unless it has first received the authorization of the parent commission to do so.

Only commissioners may become members of the committee; however, the committee should seek input and advice from the public, commissions with relevant subject matter jurisdiction, and other groups. Committees must be reviewed annually by the commission to determine if they should continue their work. The commission secretary should track the creation of committees and notify the commission of the pending expiration a committee. The commission may request that renewal be agendized at a future meeting.

Extensive collaboration between commissions can be accomplished through concurrent meetings of ad hoc committees, meaning committees meet in the same place at the same time. In almost every case, concurrent

Chapter II. Serving on a Commission Commission Organization City of Berkeley 31 Commissioner’s Manual
meetings facilitate collaborative goals. Rarely, the City Council may choose to approve a joint committee with the members designated by the City Council in accordance with the Fair Representation Ordinance, BMC Sections 2.04.030––2.04.130.

The secretary is not required to attend or take minutes of meetings of committees. City staff may attend and participate in committee meetings.

Depending on the desires of the committee members, City staff may participate or may be asked to offer insights or provide information during discussion.

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

A temporary appointee does not assume the committee membership(s) of the commissioner for whom they are substituting on the full commission. A committee member who is terminated from the parent commission and subsequently reappointed to the parent commission does not automatically resume membership on the committee; they may, however, be reappointed to the committee by action of the parent commission.

A. Coordination with City Council Chapter III. Coordination with Council, Staff, and Others Commissioners’ Manual 32 City of Berkeley
CHAPTER III. COORDINATION WITH COUNCIL, STAFF, AND OTHERS CHAPTER III. INDEX
A. Coordination with City Council.............................................................................32 B. Coordination with Staff..........................................................................................34 C. External Relationships (Commissions, Agencies, Public).................................37 A. COORDINATION WITH CITY COUNCIL
1) Relationship to City Council
The role of a commission is to advise the City Council. The exception is for quasi-judicial commissions that can act under their authorized ordinances or advise the City Council as appropriate. The City Council is responsible for accepting, rejecting, or modifying commission recommendations. The Council relies on the various commissions to increase the variety of viewpoints and talents brought to bear on City problems. By concentrating on specific areas, commissioners use their expertise and conduct detailed analyses that the Council itself may not have the time to pursue. It is expected that commissions will adopt positions of advocacy within their specific purview. However, the City Council's role is to take into consideration the many varied and sometimes conflicting public needs and render its judgment of what will best serve the public good. The Council must weigh the effect of any given recommendation, not only on the particular area of interest but on all other City goals and programs.

Just as the commissions advise the City Council concerning policy but do not create policy, the commissions advise the City Council concerning various programs run by the City but do not themselves operate programs.

It is the responsibility of the City Manager and the City staff to operate programs authorized by the City Council. The exception to this rule is the Board of Library Trustees.
2) Referrals from the City Council
The Council may transmit referrals for information or action through formal action on an agenda item. These actions are recorded in the minutes of the Council meeting. The secretary notifies the commission of any such referrals from the Council. When appropriate, the Council may indicate a desired date for response and specify which commissions will be consulted.

Each referral response presented to the City Council on the Council agenda, shall indicate to whom the item was referred, the date of referral, and any other responses. Each commission may elect to respond by means of a separate report or communication.
3) Communicating to the City Council
A commission transmits its findings, responses to referrals, and other recommendations to the Council through the Council agenda. Upon the final vote of a commission to send an item to Council, the secretary submits a completed commission report for the Council agenda to the agenda process no later than three weeks after receiving the final text from the commission.

The commission is responsible for providing the content of the report to the secretary. The report will be placed on an upcoming Council agenda based

Chapter III. Coordination with Council, Staff, and Others A. Coordination with City Council City of Berkeley 33 Commissioner’s Manual
on City Manager timelines and the Council Rules of Procedure for scheduling matters on the agenda. All reports are due to the City Clerk Department 33 days prior to the meeting date. Departments may have internal deadlines that require reports to be processed earlier.

Commissions may also transmit their findings or recommendations to the Council in the form of a letter. This type of communication is more timely; however, the Council cannot take any official action based solely on a written communication from a commission. Sending a letter to the City Council requires the authorization of the commission. Once approved by the commission, the secretary submits the letter to the City Clerk.

The chair, or an authorized representative of the commission, may officially speak on behalf of the commission at public comment on an issue before the City Council. Other commissioners may speak on the item as private persons. As is the case with a written communication, the Council cannot take an official action based solely on verbal comments from the commission.

For more information on commission reports to Council, see Chapter VI. 4) Council Meeting Procedures and Commission Participation Regular City Council meetings are generally held twice monthly on Tuesdays. The schedule is established annually, taking into consideration holidays and election dates. Chapter VI has detailed information about how to place items on the agenda.

Council meeting agendas have a specific order: Consent, Public Hearings, and then Action. Information items are not usually discussed or acted on but can be commented on during Public Comment. Many circumstances can change the order in which an item is heard. Council may move items from Consent to Action or from Action to Consent, or they may even move Information items to Action for the purposes of discussion.

Question:

If a commission report appears on the Council agenda as a Consent item, will it be heard at the beginning of the meeting? Answer:

Not necessarily. The Consent Calendar is heard toward the beginning of meetings, right after procedural and ceremonial items. However, items can be moved from the Consent Calendar to the Action Calendar by Council to be discussed and acted on later in the meeting.

For items on the Action Calendar, the chair, or an authorized representative of the commission, has the right to address the City Council at the time the commission’s item is heard. The Chair or the commission’s designated representative may address Council from the staff table. Commissioners not delegated to speak as the official representative may utilize the Public Comment period to present information to Councilmembers.

B. Coordination with Staff Chapter III. Coordination with Council, Staff, and Others Commissioners’ Manual 34 City of Berkeley
Scenario:

A commission placed an item on the Consent Calendar for a Council meeting. The commission assumed that since the item was on Consent, there would be no discussion or questions and did not send a representative. At the meeting, a Councilmember had some questions and moved the item to Action. Because there was no one from the commission present and no subject matter expert, the Council ended up holding the item over to a future meeting.

B. COORDINATION WITH STAFF
1) Duties of Secretary
The commission secretary is a City employee designated by the City Manager (except for BOLT, FCPC, and PAB). The secretary represents the City Manager and assists the commission in its functions and advises the commission of staff's recommendations. Secretaries perform technical and basic administrative functions as outlined below and do not vote. In addition, as City professionals, they have the responsibility to ensure that the commission is apprised of laws and administrative processes affecting proposed policy recommendations and operational recommendations.

While other staff members may assist the commission from time to time, clerical staff will not be assigned to attend meetings without approval of the City Manager. The commission secretary's presence is only required at commission meetings. Secretaries are not required to attend ad hoc committee meetings.

It is a secretary's responsibility to:
 Prepare commission agenda packets and minutes pursuant to the Brown Act and City procedures.
 Post draft minutes within seven days after the commission meets.  Notify commissioners of meetings.
 Maintain an accurate subscription mailing list for agendas.  Attend commission meetings. City staff are not required to attend ad hoc committee meetings.
 Follow the established Council agenda process to submit reports to Council based on the text approved by the commission.
 Advise the City Manager or department director of any requests for extensive staff work or report preparation.
 Notify other commission secretaries regarding items of shared purview.  Report commissioner attendance to the City Clerk.
 File Commissioner's Annual Declaration Reimbursement (stipend) forms with the Finance Department.
 Submit annual stipend forms and quarterly payment requests.  Administer the oath to newly appointed commissioners if needed and file completed oath forms with the Clerk.
 Post agendas in hard copy and to the web per Brown Act requirements.  Post commission meetings to the online Events Calendar.  Forward final, adopted versions of the minutes to the Records e-mail inbox.

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 Submit an information report to the City Council whenever a commission cancels two consecutive meetings for lack of quorum, per Resolution No. 65,127-N.S. (and its successors).
 Retain all documents related to the functions of the commission in accordance with the Citywide Records Retention Schedule. Of primary importance is the proper retention of minutes. Secretaries must sign the hard copy of the final adopted minutes and retain these records permanently. Secretaries may also consult with the Records Coordinator in their department for guidance on records retention.  Advise the commission of staff’s recommendations regarding matters before the commission, and represent council priorities and administrative policies of the City.
 Consider the policy and fiscal impacts of proposals and provide commissioners with early and timely information about the fiscal and policy impacts of proposals and their relationship to department and Citywide priorities.
 Compile and distribute communications from the public.  Inform the commission of ad hoc committee expiration as needed.

The list of duties above is representative of the requirements placed upon commission secretaries. It is not intended to be exhaustive. Requirements change over time and vary from commission to commission. Secretaries must familiarize themselves with the Brown Act, the enabling legislation, and relevant City policies to ensure they are properly fulfilling their duties.

The City may also post information that is of particular interest to the commission web page including the commission work plan, specific projects, vacancies, and other general information. When posting additional information, it is important that the information be timely and relevant to commission business.

Secretaries should inform commissioners about activities, projects, and work taking place within the organization and among other commissions when the information is available and relevant. This information may be obtained by reviewing agendas or minutes from other commissions and maintaining contact with other secretaries.

Secretaries are encouraged to work with their supervisors or department heads to identify and train an alternate to ensure the critical work continues if they are on vacation or leave.
2) Relationship Between Secretary and Commission
The two main responsibilities of the commission secretary are to assist the commission in its functions and to represent the City Manager.

Generally, the commission secretary is appointed from the department that most nearly encompasses the commission's activities. As a representative of the City Manager, the commission secretary also advises the commission of staff's recommendations. In this sense, the secretary is an active participant with the commission, although without a vote, rather than merely a passive transmitter of information.

B. Coordination with Staff Chapter III. Coordination with Council, Staff, and Others Commissioners’ Manual 36 City of Berkeley
NOTE: While the secretary's role is to assist the commission, the secretary and other staff assistants are not employees of the commission. At all times, the staff is directly responsible to the department director and City Manager.

The following are some ways to avoid misunderstandings and to keep the channels of communication open. Commissioners must adhere to the following rules for communication with staff.
 Ensure all contacts from the commission to any member of the staff, including those to a higher-level employee (e.g., the City Manager), are transmitted through the secretary. Conversely, all contacts from staff to the commission go through the secretary.
 Keep all contacts with staff members clearly in the framework of the commission assignment.
 Do not ask for individual reports, favors, or special considerations.  Direct complaints from the public directly to the secretary, who will respond on behalf of the City.
 Realize that the assigned secretary reports directly to a supervisor and may not be able to carry out every request that the commission may have.

The Commission secretary must also follow the guidelines below to ensure clear communication.
 Keep the commissioners informed of the purpose and goals of the commission.
 Take the initiative to inform commissioners about relevant activities, projects, and work that is taking place elsewhere in the city government and among other commissions.

If a commission desires information, analysis, or other work that will require an excessive amount of staff time, the commission should present the request to the Council for approval in the form of a report. The Council may then consider the request in the context of the citywide work plan and determine the urgency and priority of the request. Following this procedure will prevent staff from being diverted from priority projects.

All appearances by staff before the commission are scheduled through the secretary so that they may be placed on the agenda. A staff person appearing before, or communicating with, a commission as a private individual must advise the commission that they are not acting in an official capacity.

Staff secretaries are professionals who are required to provide their best technical and professional advice both to the commission and to the City Manager. Staff is there to provide information and expertise, not to make decisions or judgments. Occasionally, this will result in staff making an alternate recommendation to that of the commission or suggesting that additional information is needed when communicating with the Council. In these situations, staff prepares a City Manager Companion Report

Chapter III. Coordination with Council, Staff, and Others C. External Relationships City of Berkeley 37 Commissioner’s Manual
capturing the alternative recommendation or additional information. Please see Chapter VI, Section C for more information.
3) Relationship with the City Manager
The City Manager has a direct interest in the work of all commissions as they often advise the City Council on issues that will affect the use of staff time and City resources. Commission secretaries are responsible to the City Manager as well as the commission, and they keep the City Manager informed of significant topics that come before their commissions.

For the commissions that are advisory to the City Council, the City Manager is not able to alter commission reports and recommendations, however, the City Manager may propose an alternative to the commission report if they believe that the Council needs additional information or to pursue a different course. Please see Chapter VI, Section C for more information.

As a partner in the public process, the City Manager seeks to work cooperatively with commissions to achieve the best outcome for the community.

C. EXTERNAL RELATIONSHIPS
1) Meetings with Other City Commissions
In order to develop a useful liaison between commissions, each commission should determine which other bodies regularly deal with overlapping subject matter. Commissions with issues that regularly overlap should request agenda, minutes, and relevant reports from each other through the commission secretaries. Where an issue arises that is of concern to two (or more) commissions, they should review the issue with each other before submitting a report to Council as outlined above.

Occasionally, two or more commissions may consider an issue that is within the purview of both. One of the secretary’s duties is to collaborate with the other secretaries to ensure they are abreast of potential crossover subject matters. It’s important that secretaries are aware of these situations in time for the commissions to address them as outlined below.

Commissions may hold concurrent meetings with other Council-created commissions. This is often referred to as a “joint meeting” between two commissions, but in reality, it is a concurrent meeting. Both commissions will publish separate agendas, take separate votes, and produce separate minutes. However, the concurrent meeting allows them to hold a joint discussion about the matter at hand.

The secretaries of the involved commissions should work together to ensure both commissions can communicate with Council as needed. If one commission is going to recommend action regarding an item of interest to another commission, the secretaries must collaborate to ensure both commissions have the opportunity to submit reports to Council representing their purview.

C. External Relationships Chapter III. Coordination with Council, Staff, and Others Commissioners’ Manual 38 City of Berkeley
Requests for information or review of proposals from one commission to another are transmitted through the respective secretaries of each commission.
2) Outside Agencies
Commissions function in an advisory capacity and, in the absence of an explicit delegation of the role to act on the City's behalf by the Council on a particular issue, they may not directly communicate with outside agencies.

NOTE: Unless specifically authorized by the Council, commissions may not represent the City or its policies or positions to outside agencies either on their own behalf or on behalf of the City.

If a commission wishes to support or object to a particular policy or program run by an outside agency, it should frame this action as a motion and a recommendation to the City Council. If adopted, the communication to the outside agency will be from the City Council.

When a commission requests that the City Council support or oppose legislation, policies, or actions, the position of the City is generally contained in a letter. The commission must attach the text of the letter to the report to Council. Resolutions are not needed for this type of action. However, should a resolution be requested of Council, such resolution must be in the proper format and attached to the Council report, ready for Council action.

If a request for an official policy statement is received from an outside jurisdiction, the commission may analyze and study the request. It can then make a recommendation to the Council for a response. All communications from outside agencies are transmitted through the secretary.

Furthermore, commissions may not take any action that commits or indicates an intention to commit the City without authorization by the Council and coordination with the City Manager, such as endorsing grant applications, receiving donations and gifts, sponsoring community events, or approving use of City property, facilities, or other resources.

The commission may not act as a sponsor of or participate in (such as having an information booth) community events without the authorization of the City Council.

Commissions cannot hold a joint meeting or joint event with an outside agency. If information from an outside agency is desired, the commission may request that the secretary invite the outside agency to make a presentation and field questions at a regular commission meeting. 3) General Public
The most direct way for the general public to communicate with commissions/commissioners is to attend commission meetings.

Members of the public may also communicate with commissions by sending a letter or an e-mail to the secretary, who will forward the e-mail to the

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commission in the agenda packet. If the communication is submitted after the packet is published, copies may be distributed to the commissioners and placed in the public viewing binder.

All communications from the commission to members of the public are transmitted through the commission secretary. Similarly, arriving communications are received by the secretary and relayed to the commission through the agenda packet. The secretary is responsible for including all communications received in the agenda packet according to publication deadlines. If the commission wishes to recommend Council action in response to a public comment or communication, the topic must be agendized at a future meeting for commission discussion and action.

Commissioners may interact with the public; however, if commissioners are contacted by the public outside of a meeting, commissioners should encourage them to send their comments to the secretary for distribution to all commissioners or come to a commission meeting and speak at public comment. This will allow the full commission to hear and consider all pertinent information and points of view.

Commissions may not, without approval of Council, represent City policy or communicate in an official manner outside of Commission meetings. This prohibition includes any type of public surveys and/or polling of the public, distributing informational flyers, newsletters, mass e-mails, or other similar media.
4) Individual Commissioners
Commissioners may not represent their Commission or the City to the general public or the media unless the Council authorizes the commission to authorize the individual commissioner to do so. Similarly, commissioners may not use City logos, branding, or collateral to represent themselves externally. Please see Chapter V, Section G for more detail. A commission may authorize one of its members to appear before another City commission without Council approval.

Any time a commissioner uses their commission title or references their membership on a City commission when speaking publicly, they must state the following:
“I am speaking in an individual capacity and not representing the [Commission Name] or the City of Berkeley.”
Each commissioner also has the obligation to work cooperatively with other commissioners. Commissioners should exercise self-discipline and strive always to be objective, fair, and courteous with each other as well as with staff and the public. A healthy respect for the time of other commissioners, staff, and the public is of critical importance.
5) Press and Other Media
Inquiries from the media should be handled only by the chair or a representative designated by the commission, who may clarify actions

C. External Relationships Chapter III. Coordination with Council, Staff, and Others Commissioners’ Manual 40 City of Berkeley
taken by the commission, fairly and accurately recap commission conversations, or outline next steps. The Chair or designee must not editorialize, offer personal opinions, or speculate on future actions when speaking in an official capacity. Any commissioner may recite commission actions taken and state factual accounts of those actions. 6) Election-Related Activity
While potential ballot measures are under consideration for inclusion on the ballot, commissioners may communicate with Council, but they should limit themselves to advisory comments only. If a commission wishes to recommend a ballot item to Council, they should discuss it at a commission meeting, which offers the public a chance to participate, and then make their recommendation to Council via normal channels. Once a measure is placed on the ballot, Council has already taken action, so a commission, as an advisory body to Council, may not endorse or oppose the measure.

Commissions may not take official positions or host a public forum or debate for measures or candidates. Commissioners may engage in election-related activity as community members, and may use their commission title(s), current or former, for identification purposes, so long as they affirmatively declare that they do not represent the City or any legislative body of the City.
7) Summary
When considering the appropriateness of communicating publicly as a commissioner, remember these simple guidelines.
 The City Council speaks for the City
 Commissions speak to the Council
 Commissioners speak as private individuals

Chapter IV. Public Meetings A. Legislative Bodies
City of Berkeley 41 Commissioner’s Manual
CHAPTER IV. PUBLIC MEETINGS
CHAPTER IV. INDEX
A. Legislative Bodies..................................................................................................41 B. Meetings..................................................................................................................41 C. Public Comment at Meetings ................................................................................47 D. Meeting Location and Accessibility .....................................................................46 E. Agenda and Notice Requirements........................................................................47 F. Submission of Commission Agenda Reports .....................................................50 G. Distribution of Commission Agenda Packets .....................................................50 H. Noticing for Cancelled and Adjourned Meetings ................................................51 This chapter describes the key steps necessary for complying with the Brown Act and City policy for public meetings of boards and commissions.

The Brown Act (Government Code Sections 54950 et seq.2) is the state's open meetings act. It is intended to ensure that the public has adequate notice of what actions its elected and appointed local decision makers may take and that those decisions and the deliberations leading to them occur in public.

A. LEGISLATIVE BODIES
The Brown Act applies to any legislative body. This includes all City of Berkeley boards and commissions.

City of Berkeley commissions can only create ad hoc (or temporary) committees.

Ad hoc committees are not legislative bodies under the Brown Act.

B. MEETINGS
Any contact between a quorum of the legislative body, either directly or through intermediaries, to hear, discuss, deliberate, or take action “on any matter within the subject matter jurisdiction” of the City or commission is a meeting. All meetings must be conducted in compliance with the Brown Act. Meetings include retreats, forums, workshops, and similar types of events. A meeting can be in person, by telephonic or other electronic medium, or through intermediaries. With a few narrow exceptions not applicable to most commissions, all meetings of legislative bodies must be open to the public (Government Code Section 54953). 1) Types of Meetings
Regular Meetings
Regular Meetings occur at the dates, times, and locations set by formal action of the commission at the beginning of each year to follow for the next 12 months. Regular meetings require 72-hour notice that includes the time and location of the meeting. Commissions may change the meeting schedule by formal action. Council sets the maximum number of meetings the commission may have during a calendar year.

If a commission needs to change the meeting schedule after it is approved, it must agendize and readopt the new schedule at a meeting. 2 All statutory references in this Chapter are to the Government Code unless otherwise noted.

B. Meetings Chapter IV. Public Meetings
Commissioners’ Manual 42 City of Berkeley
Special Meetings
Special Meetings are called by the chair or a quorum of the commission to hear a specific item or items. Special meetings require 24-hour notice.

Council establishes the number of meetings each commission is allowed to have in a given year. Special meetings count against that total. Absences from special meetings do not, however, affect commissioner attendance records. Any meeting not on the regular meeting schedule is a special meeting.

Public Hearings
Public hearings are held when required by law. Generally, the need for a public hearing is limited to the quasi-judicial commissions: Zoning Adjustments Board, Landmarks Preservation Commission, Housing Advisory Commission, Fair Campaign Practices Commission, Open Government Commission, Police Accountability Board, and Planning Commission. Advisory commissions do not generally require public hearings.

Public hearing noticing practices are specified by law and must be adhered to. Noticing beyond the legal requirements is permitted but is not required.

Please see Chapter V, Section D, for proper public hearing procedures. If needed, the City Attorney’s Office or the City Clerk Department can work with a commission secretary determine if a public hearing is required.

NOTE: In the event that a public hearing is continued to a later meeting date, a commissioner who missed the first meeting should review the transcript or video of the previous meeting prior to voting.

Concurrent Meetings of Commissions
Two or more commissions may hold concurrent meetings to discuss an issue that falls under their purview. Such meetings should not be noticed as “Joint Meetings,” but as two separate meetings occurring at the same place and time. The secretaries of the commissions must each prepare and post separate agendas. During the meeting, each commission must vote independently on each agenda item. The secretary for each commission must prepare separate minutes for the meeting of their commission as well.

Also refer to Chapter III, Section C.
2) Exceptions
Gatherings That Are Not Meetings
Certain gatherings of a quorum of a legislative body are not considered meetings under the Brown Act.
 Attendance by One Legislative Body at a Meeting of Another Attendance at a meeting of another commission or the City Council does not need to be separately noticed, provided that a quorum of the attending body does not discuss privately among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of that body (Government Code Section 54952.2(c)(4)). This exception includes noticed meetings of

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City of Berkeley 43 Commissioner’s Manual
legislative bodies of other public agencies, not just those of City commissions or the Council.
 Attendance at Conferences and Other Gatherings Open to Members of the Public
Attendance at a public conference is permissible as long as a quorum of the body do not discuss among themselves specific business that is within the subject matter jurisdiction of the City.
 Purely Social or Ceremonial Occasions
Attendance at purely social or ceremonial occasions are not considered meetings as long as the participants do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the City (Government Code Section 54952.2(c)(5)).
 Open and Public Community Meeting Organized by An Entity Other Than the City to Address a Topic of Local Community Concern Attendance at a meeting organized by persons or groups other than the City to address a subject of local community concern may be attended without noticing the meeting as long as members of the legislative body only participate in the public program and do not discuss among themselves matters of specific business within the jurisdiction of the City.

NOTE: Any activity that involves a quorum discussing commission business is a meeting and must be compliant with all Brown Act requirements. 3) Violations and Danger Areas
Serial Meetings
One type of illegal meeting is a “serial meeting.” A serial meeting is one in which a quorum of a legislative body communicates with each other, directly or indirectly, through whatever medium, to develop collective concurrence.

There are many types of serial meetings, all of which are prohibited.

A literal serial meeting is one in which members of a legislative body constituting a quorum meet in smaller groups, serially, or a single member meets with enough other members to constitute a quorum individually, one after the other.

A communication from staff asking a quorum of a legislative body for comment can lead to a serial meeting if feedback from commissioners assists staff in developing a policy or taking an action that takes into account their points of view.

However, a staff member may have separate conversations or communications with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the commission if that staff person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.

B. Meetings Chapter IV. Public Meetings
Commissioners’ Manual 44 City of Berkeley
Special Note:

It is acceptable for staff to provide information to commissioners, communicate meeting information, and answer questions as long as staff does not share commissioners’ opinions with other commissioners.

Another type of serial meeting can result—sometimes unintentionally—from improper use of e-mail. E-mail communication between a quorum of a legislative body to develop a collective concurrence constitutes an illegal serial meeting (Government Code Section 54952.2(b)). To avoid this problem, members of legislative bodies should never use the “reply to all” function to an e-mail that may be addressed (even via “bcc”) to a quorum of the legislative body. Since it is not always possible to know who might receive a “reply to all,” it is better to simply never use the function. Of course, a serial meeting can occur from forwarding an e-mail as well.

Amendments to the Brown Act now include prohibitions on members of a legislative body “liking” or commenting on the social media posts of other members.

Question:

If a commission secretary sends an e-mail to a quorum of their commissioners requesting feedback on a subject under the commission’s purview, is it a violation of the Brown Act? Answer:

It could be. If the secretary shares answers among the commissioners, it could be construed as a serial meeting. If the feedback from the commission assists staff in developing a policy or taking an action, it could be considered collective concurrence.

Question:

If a commissioner is unable to attend a commission meeting but has valuable information for the commission to consider, may they send an e-mail to the full commission?
Answer:

E-mail communication between a quorum of a legislative body can constitute an illegal serial meeting (Government Code Section 54952.2(b)). In this case, it would be best for the commissioner to share their information with the secretary, who can then disseminate it to the full commission and the public.

Retreats, Forums, Workshops
Retreats, forums, study sessions, workshops, and similar are considered meetings. Any such activity, where a quorum of the commission is present and is hearing, deliberating, or discussing commission business, is a meeting. It must meet all the requirements for notice, public participation, location, and accessibility. Any such meeting would count toward the limit on the number of meetings set by Council.

Chapter IV. Public Meetings C. Public Comment At Meetings City of Berkeley 45 Commissioner’s Manual
Lobbying
Serial lobbying by members of the public of all commission members is not prohibited as long as they are not acting as intermediaries between members of the legislative body (Govt. Code Section 54952.2 (c)(1)).

Question:

A member of the public who is not a member of the commission contacts the chair and advocates for an item the commission will hear at the next meeting. The member of the public states that he already has the support of four out of nine commissioners and asks if he can count on the chair’s vote. Is this a Brown Act violation?
Answer:

It is not illegal for a member of the public to advocate for an agenda item.

However, when this person tells commissioners about other commissioners’ intentions, they may be considered as acting as an intermediary. In this scenario, the chair should suggest the member of the public send an e-mail through the secretary for all the commissioners and the public to read.

C. PUBLIC COMMENT AT MEETINGS
Every agenda for a regular meeting must allow the public to speak on any item in the commission’s purview as well as on each specific item of business before the commission. Per the Brown Act, no member of the public can be required to give their name in order to attend or speak at a meeting.
1) Public Comment on Items Not on the Agenda
Members of the public must be allowed to speak on any item under the commission’s purview, even if it is not on the agenda. The time allowed for these comments is the same as that for Action or Discussion items (generally two or three minutes per speaker). Non-agenda comments may be at the beginning or end of the meeting depending on the preferred agenda sequence of the commission.
2) No Discussion of Items Raised at Public Comment
Public comment on items that are not on the agenda cannot be used to start a discussion between commissioners or to take action in response to comments. Government Code Section 54954.2 does allow members of the legislative body or its staff to make brief responses to comments made during non-agenda public comment. It is also permissible for a member of a legislative body to ask a question for clarification, make a brief report on their own activities, and make a referral to staff or ask that an item be placed on a future agenda.
3) Public Comment Must be Allowed Prior to the Vote
For items on the agenda, the Brown Act requires that public comment be permitted prior to the commission voting on the item. The procedure for public comment should be the same for all meetings and adopted as a commission policy or in the commission bylaws, if any. Generally, two or three minutes per speaker is allowed.

D. Meeting Location and Accessibility Chapter IV. Public Meetings Commissioners’ Manual 46 City of Berkeley
4) Limiting the Time for Public Speaking
Government Code Section 54954.3(b) allows a commission to adopt reasonable regulations to govern public comments. Typical of such rules are time limits on individual speakers and overall time limit on public comment. The commission should decide whether to set an overall time limit and/or limit per speaker and are encouraged to adopt it in the bylaws, if any, or as a commission policy, to be followed consistently. 5) Distinction Between Public Comment at Regular Meetings Versus Special Meetings
Government Code Section 54954.3(a) requires public comment at special meetings as well as regular meetings. At special meetings, the comment must be confined to the subject matter to be considered at the special meeting. There is no non-agenda public comment at special meetings. 6) Formal Participation by the Public/Presentations
An individual wishing to formally address the commission or make a presentation should prepare a written request to the secretary to be scheduled on a future agenda. The request is discussed at the next meeting, and the commission may grant or deny the request. 7) Recording Meetings
Audio or video recording of the meeting must be allowed except when the legislative body finds that the recording is performed in a manner that constitutes “a persistent disruption of the proceedings” (Government Code Section 54953.5(a)).

D. MEETING LOCATION AND ACCESSIBILITY
Location
Meetings of legislative bodies are generally held in public buildings. Meetings may be held in a privately-owned building or facility provided that all Brown Act requirements for noticing and accessibility are met. In addition, no member of the public shall be required to make a purchase or meet any other requirement of the private establishment as a condition of attending and participating in the meeting.

Meetings must be held within City limits unless a meeting falls within one of the exceptions in Government Code Section 54954(b).

Consult the City Clerk or City Attorney if there is some special reason to have a meeting outside City limits.

Accessibility
The Americans with Disabilities Act (ADA) has always been applicable to the manner in which the City conducts its public meetings, and provisions of the ADA have been expressly incorporated into the Brown Act.

In addition, Council policy requires that all meetings be held in accessible facilities.

This includes the approach to the facility, entry, path of travel within the facility, and restrooms. Secretaries should contact the Disability Compliance Program manager for recommended locations or for a location assessment, if necessary.

Secretaries should be aware of commission items related to accessibility or

Chapter IV. Public Meetings E. Agenda and Notice Requirements City of Berkeley 47 Commissioner’s Manual
persons with disabilities to prepare for accessible participation needs in advance of the meeting.

Pursuant to City of Berkeley Administrative Regulation 1.12 - Communication Access Policy, all boards and commissions must provide communication access in the form of accommodation to members of the public who have disabilities so that they may have an equal opportunity to participate in and benefit from board and commission meetings. This particularly affects members of the public who are vision or hearing impaired and may involve requests for such accommodations as providing meeting agendas in large print or braille, utilizing assistive listening devices, or the provision of a sign language interpreter at the meeting itself.

Upon request, it is the responsibility of the Disability Compliance Program to arrange for reasonable accommodation at no cost to the requesting individual.

Although A.R 1.12 states that three working days advance notice will ensure accommodation availability, every attempt will be made to arrange accommodation even on short notice. Although primary consideration should go to the disabled individual's preferred type of accommodation, when a particular type of accommodation is not available on short notice, an alternative type of accommodation may be considered. For example, if braille or large print isn't available on short notice, staff may read the document to the vision-impaired person as an alternative.

Commissioners with disabilities will receive accommodation through the Disability Compliance Program upon request. Review Appendix H for more information.

E. AGENDA AND NOTICE REQUIREMENTS
The agenda for all regular and special meetings shall specify the time and location of the meeting, the business to be transacted, and shall be posted in the following locations:

1. On the bulletin board at Maudelle Shirek Building at 2134 Martin Luther King Jr. Way.

2. On the City of Berkeley website.

3. At the remote location, by the commissioner, if required pursuant to the City’s teleconference policy.

4. At the physical meeting location if required by statute.

Commission Secretaries must also ensure that commission meetings are posted to the online Events Calendar.

No business, other than that included on the agenda, can be considered by the commission at any type of meeting.
1) Regular Meetings
At least 72 hours before a regular meeting, the commission secretary shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to

E. Agenda and Notice Requirements Chapter IV. Public Meetings Commissioners’ Manual 48 City of Berkeley
be discussed in closed session. A brief general description of an item generally need not exceed 20 words.
2) Special Meetings
Special meetings may be called by the chair or a majority of commissioners.

The agendas must be posted no less than 24 hours prior the meeting. 3) Media List for Meetings
In order to give proper notice of a meeting, it is important to ensure that the commission secretary maintain a current list of media. The City Clerk has developed a list of media that is used to give notice of City Council meetings.

This list may be used along with any other media outlet that may have requested notice of a particular commission's meetings. 4) Agenda Titles/Purpose
The purpose of the agenda is to inform the public regarding the issues to be discussed. Government Code Section 54954.2 of the Brown Act requires that agenda item titles fully describe the issue or action to be discussed and/or taken. This requirement, therefore, precludes such agenda titles as "University Avenue Improvements" or listing a topic on every meeting agenda to cover the "possibility" of discussion.

In preparing the agenda, consider the position of a member of the public and determine if a reasonable person could determine from the agenda title what the commission is discussing and what action is being proposed.

For example: "University Avenue Improvements" listed on an agenda by itself does not provide enough information. An appropriate title might be:
"Adopt a Recommendation to the City Council to Proceed with the Proposed $5 million University Avenue Landscaping Improvements" Another example: "Earth Day" listed on an agenda by itself is too vague. An appropriate title might be:
"Discussion of Recommendation to Council to Sponsor Earth Day Parade"
The agenda must be clear on what action, if any, may be taken on an item.

The agenda should list the recommendation or action proposed using the 20-word guideline. By using a full explanation in the item title (never use acronyms), members of the public who may be in favor of or opposed to such an issue will know to be present at the commission meeting to discuss their views.
5) Agenda Format/Headings
Prior to each meeting of the commission, the secretary prepares and distributes an agenda, which usually includes but is not limited to the following: Roll Call, Public Comment, Approval of Minutes, Public Hearings, Old Business, New Business (with appropriate description of the item under the headings of Public Hearings, Old Business, and New Business),

Chapter IV. Public Meetings E. Agenda and Notice Requirements City of Berkeley 49 Commissioner’s Manual
Information Items, Communications, and Adjournment. The agenda must be approved by the chair prior to distribution.

Commission agendas may vary to suit commission needs, but the Council agendas provide a good guideline.

Every regular and special meeting agenda must include the following.  Name of the commission
 Type of Meeting (regular or special)
 Day, date, time, and location of the meeting
 A brief, general description of each item of business, including the recommended action
 Public comment period
 Communication access information (A.R. 1.12) and ADA disclaimer:
“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 [email protected], (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.”
 SB 343 Disclaimer:
“Any writings or documents provided to a majority of the commission regarding any item on this agenda will be made available for public inspection at _______________________ Department located at ___________________________.”
 Communications Disclaimer:
“Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: E-mail addresses, names, addresses, and other contact information are not required but, if included in any communication to a City board, commission, or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission, or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission, or committee for further information.”

F. Submission of Commission Agenda Reports Chapter IV. Public Meetings Commissioners’ Manual 50 City of Berkeley
Agendas may include the following if applicable:
 Accessibility of Meeting Facilities
All meeting facilities must be accessible. If, however, the accessible entry or path of travel is other than the main or common entrance or path to the meeting location, such information and directions must be so noted on the agenda.
 Use of Dates
Items for which material was included in the past and which are not duplicated again as part of the agenda packet should contain the date of the previous agenda packet for reference.
 Identification of Written Reports
It is always best practice to have complete reports published when the agenda packet is distributed. If reports on agenda items will be delivered at the meeting, they should be identified in the following way: “(to be delivered).”
 Oral Reports
Agenda items for which there will only be an oral report will be identified in the following way: “(oral report)”
F. SUBMISSION OF COMMISSION AGENDA REPORTS
Any commissioner may submit items to appear on the commission agenda.

Commissions should formally adopt procedures and guidelines in their bylaws, if any, or through adoption of a policy, for submitting items to the commission agenda that include, at a minimum these requirements:
 Items will be published as is – commissioners are responsible for typing their own items.
 The subject of the item must be within the commission’s purview.  The item must be submitted at least 10-14 days prior to the meeting in order to provide adequate time to compile and distribute the agenda packet seven days prior to the meeting.

Commissions may adopt procedures for late submissions if desired. The Chair approves the agenda prior to distribution. This authority is limited to the structure and order of the agenda and does not grant the chair the authority to remove any items submitted by commissioners or staff by the established deadline.

G. DISTRIBUTION OF COMMISSION AGENDA PACKETS
When all necessary documents are submitted from the commissioners by the deadlines noted above, the secretary will send complete agenda packets to commissioners no later than seven days before the meeting. The primary format for agenda packets is electronic. All written communications sent to the commission shall be distributed to all commissioners in the packet or at the next meeting. Any commissioner may opt to receive the agenda packet in hard copy format. This request must be made in writing to the secretary of the commission.

Chapter IV. Public Meetings H. Noticing for Cancelled and Adjourned Meetings City of Berkeley 51 Commissioner’s Manual
Complete agenda packets must be available in the office of the secretary prior to the meeting and be available at the meeting for public perusal. Any supplemental items must also be included in the packet for public perusal at the meeting.

An agenda without supporting materials may be distributed to other commissions or City departments whose area of interest is complementary or whose work directly impinges on the subject to be discussed.

Secretaries must maintain a list of persons requesting mailed notice and agenda packets pursuant to Government Code Section 54954.1. These rules require that any person who requests a copy of the agenda and agenda packet in writing must be mailed a copy of the agenda and packet at the time that the agenda is posted or a distribution is made to a majority of the commission. Such a written request for agendas and packets is effective for the calendar year in which it is requested and must be renewed January 1 of each year. Failure to follow this requirement will not result in the invalidation of the action taken by the legislative body. Per City policy, a fee to cover the cost of mailing and such agendas and supporting documents should be charged. The Brown Act requires that the secretary maintain a continuously updated list of persons who have requested agendas and agenda materials in writing.

H. NOTICING FOR CANCELLED AND ADJOURNED MEETINGS
1) Cancellation of Meetings
When the Meeting Is Cancelled Prior to the Meeting Date General practice is to post a notice of cancellation, stating that the meeting has been cancelled, in all the locations that the agenda is regularly posted (on the bulletin board at the Maudelle Shirek Building 2134 Martin Luther King Jr. Way, and on the commission web page). Any persons or members of the media on a subscription list for notices and agendas should be notified as soon as possible. This should be done as soon as it is known that the meeting will be cancelled.

The secretary may cancel a meeting if there is no quorum upon polling the commission, or no agenda was posted. In this instance, a notice of cancellation is not required.

When the Meeting Must Be Cancelled Due to Lack of a Quorum When less than a quorum of a body appears at a noticed meeting, the body may meet as a committee of the parent body, adjourn to a future date pursuant to the provisions of Government Code Sections 54955 or 54954.2(b)(3), or simply consider the meeting to be cancelled. If no members of the legislative body appear at a noticed meeting, the secretary may adjourn the meeting to a future date, determined by the secretary, and provide notice to members of the legislative body and to the media in accordance with the special meeting notice provisions set forth in Government Code Section 54956. The meeting may be cancelled for lack of quorum after waiting for 15 minutes past the noticed start time.

H. Noticing for Cancelled and Adjourned Meetings Chapter IV. Public Meetings Commissioners’ Manual 52 City of Berkeley
Although it is generally not advisable for the present commissioners to continue in the meeting as a committee because the committee cannot make recommendations to the Council, it may be advisable under some circumstances. For example, when members of the public are present and want to give their input on a policy matter pending before the commission, the commissioners present may wish to continue as a committee in order to obtain the input from the public so as to not inconvenience the members of the public who came to give testimony.

Per Resolution No. 65,127-N.S. (and its successors), commission secretaries must submit an Information Report to the City Council whenever a commission cancels two consecutive meetings for lack of a quorum.

When a Meeting Is Adjourned to a Subsequent Date
Notice of the adjournment, including the date to which the meeting is adjourned, must be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment.

Rescheduling a Cancelled Meeting
In order to reschedule a meeting, the commission must act to modify the meeting schedule through the commission agenda. A special meeting called to replace a cancelled regular meeting counts toward the annual meetings per year limit set by Resolution No. 68,258-N.S. and its successors. Most commissions are limited to 10 meetings per year. Any meeting not on a regular meeting date is a special meeting unless the commission formally voted to amend the annual meeting schedule.

Chapter V. Commission Procedures A. Polling, Quorum, and Voting City of Berkeley 53 Commissioner’s Manual
CHAPTER V. COMMISSION PROCEDURES
CHAPTER V. INDEX
A. Polling, Quorum, and Voting.................................................................................53 B. Basic Rules and Procedures of Commission Meetings .....................................55 C. Order and Decorum ...............................................................................................58 D. Special Procedures................................................................................................59 E. Administrative Procedures ...................................................................................62 F. Berkeley Open Government Ordinance ...............................................................63 G. Use of the City Logo and Business Card Policy .................................................64 Following proper procedures will ensure the validity and integrity of commission actions.

It is essential that secretaries and commissioners remember that the standards of conduct and transparency are higher for public legislative bodies. These procedures ensure clear and efficient conduct of commission business and facilitates a productive public process.

A. POLLING, QUORUM, AND VOTING
1) Polling
The commission secretary should poll commissioners at least three days before the agenda is created to determine if there is a quorum for the meeting and communicate this information to the chair.
2) Polling for Special Meetings
In instances where the Council desires a prompt advisory recommendation and there is no time to consider the Council's request at a regular meeting, a special meeting should be called by the chair or a majority of the commission. If a quorum cannot be assembled for a special meeting, the commission secretary so advises the City Manager and indicates the date that the commission is expected to be able to consider the issue. 3) Quorum
A quorum is the minimum number of commission members who must be present for the valid transaction of business. In order to take any action, a quorum of commissioners must be present. For the purposes of these guidelines, a quorum means a majority of Actual Appointees. Thus, if a commission has nine Actual Appointees (out of a potential of nine), five commissioners constitute a quorum. If there are only five Actual Appointees (out of a potential of nine), three commissioners constitute a quorum.

Vacancies and commissioners who have been granted a Leave of Absence (LOA) are subtracted from the total number of seats to determine the number of Actual Appointees (see table on the last page). The number of Actual Appointees is not reduced when a temporary appointee is absent from a meeting or when a commissioner fails to attend and does not have a LOA.

A. Polling, Quorum, and Voting Chapter V. Commission Procedures Commissioners’ Manual 54 City of Berkeley
4) Voting
The number of affirmative votes needed to pass a motion is the same number that constitutes a quorum—a majority of Actual Appointees. This ensures that a majority of those actually appointed to a commission endorse the action being taken. If one were to allow a majority of a quorum to take action (instead of a majority of those actually appointed), formal action could be taken by a very low percentage of those actually appointed (e.g., if there were five Actual Appointees to a nine-member body, a quorum would be three, and action could be taken by two appointees).

Occasionally, a particular enabling ordinance or resolution may create a different requirement. The enabling legislation that established the commission should be consulted for particular requirements.

The following chart indicates the numbers needed to take action.

Total Number
of Seats*
Actual
Appointees Quorum** Votes Needed
for Action
9 9 5 5
9 8 5 5
9 7 4 4
9 6 4 4
9 5 3 3
9 4 3 3
9 3 2 2
*This refers to the authorized membership under the commission’s enabling legislation.
**Quorum rules apply to committees. If a commissioner on a committee of four is on an excused LOA, the actual appointees becomes three, and the quorum becomes two. No committee may operate with less than two Actual Appointees. Remember, a temporary appointee does not assume the committee memberships of the commissioner for which they are serving.

Scenario 1
A commission with nine seats. Two commissioners have a LOA, and one seat is vacant. For one seat, a temporary appointment has been made for the commissioner on leave. The number of Actual Appointees is seven, the quorum is four, and the number of votes needed for action is four.

Scenario 2
A commission with nine seats. Three commissioners do not attend and do not have leaves of absence. One seat is vacant. The number of Actual Appointees is eight. The quorum is five. The number of votes needed for action is five.

In Scenario 2, there are five commissioners in attendance, and the votes needed for action is five. All votes must be unanimous in order to complete commission business. This highlights the importance of

Chapter V. Commission Procedures B. Basic Rules and Procedures of Commission Meetings City of Berkeley 55 Commissioner’s Manual
requesting a LOA in advance of a meeting. Had the three absent commissioners obtained a LOA, the number of Actual Appointees would have dropped, thus lowering the quorum and the votes needed to take action.

B. BASIC RULES AND PROCEDURES OF COMMISSION MEETINGS
With a few narrow exceptions not applicable to most commissions, all meetings of legislative bodies must be open to the public (Government Code Section 54953).

No one can be required to give their name in order to attend or speak at a meeting.

Audio or video recording of the meeting must be allowed except when the legislative body finds that the recording is performed in a manner that constitutes “a persistent disruption of the proceedings” (Government Code Section 54953.5(a)).
1) Teleconferencing
Teleconferencing by commissioners is permitted only under the circumstances described below.

Teleconferencing as an Accommodation
First, teleconferencing is permitted when provided as a reasonable accommodation under the American with Disabilities Act (ADA) as determined by the ADA Program Coordinator. Teleconferencing accommodations are considered on a case-by-case basis.

Pursuant to the Brown Act, the address from which the commissioner is teleconferencing must be included on the relevant meeting agenda and the meeting agenda must be posted at the teleconferencing location. Additionally, a commissioner appearing by teleconference must publicly disclose whether any other individuals 18 years of age or older are present in the room at the remote location with them, and the general nature of the member’s relationship with any such individuals. However, commissioners with disabilities may request a waiver of these requirements by self-attesting to their need for an exemption.

More details on the accommodation process are available in Appendix H.

Teleconferencing for Just Cause or Due to Emergency Circumstances Second, if resources are available at the meeting location, commissioners may attend meetings of the full commission via teleconference for “just cause” or “emergency circumstances” for up to two (2) meetings per calendar year combined. Regardless of whether the reason for the remote appearance constitutes “just cause” or is an “emergency circumstance” the total number of allowable teleconference uses per year is two. Commissioners may only appear for “just cause” or “emergency circumstances” if the commission secretary ensures, by stating on the record or recording in the meeting minutes, that all of the following requirements are met:

B. Basic Rules and Procedures of Commission Meetings Chapter V. Commission Procedures Commissioners’ Manual 56 City of Berkeley
 At least a quorum of the members of the commission or board are participating in person from a singular physical location clearly identified on the agenda.
 Resources available at the meeting are sufficient to allow the public to participate via a two-way digital platform in which the public may remotely hear and visually observe the meeting, and remotely address the commission or board.
 The agenda identifies the means by which the public may access the meeting and offer public comment remotely and at the in-person location.

If these requirements are met, commissioners may teleconference for “just cause” if they notify the commission (through the secretary) at the earliest opportunity possible of their need to participate remotely, and include a general description of the circumstances relating to their need. “Just cause” can include (a) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (b) a contagious illness that prevents a member from attending in person; or (c) a need related to a physical or mental disability not otherwise accommodated through the ADA accommodations process.

If a commissioner’s reason for needing to participate remotely does not fall into one of the “just cause” categories, but the commissioner needs to participate remotely due to a physical or family medical emergency that prevents the commissioner from attending in person, the commissioner may teleconference into a meeting due to “emergency circumstances.” Commissioners intending to teleconference due to “emergency circumstances” must notify all the other members of the commission, through the commission secretary, as soon as possible of their need to participate remotely, including by providing a general description of the circumstances relating to the emergency. The description need not exceed 20 words and need not disclose any particular medical diagnosis, disability, or personal medical information. If a commission receives a request to participate remotely due to emergency circumstances, it shall take action at the meeting to approve or deny the request. If a commissioner’s request is denied, the commission secretary shall promptly disconnect the commissioner from the remote meeting.

Commissioners participating via teleconference for “just cause” or “emergency circumstances” do not need to make a formal request for accommodations through the ADA accommodations process, regardless of whether the reason for the need to teleconference relates to a disability. Such commissioners also need not include the address from which they are teleconferencing on the agenda, post the agenda at the teleconferencing location, or open the teleconferencing location to the public.

However, such commissioners must participate through both audio and visual technology, and must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room with the commissioner at the remote location, and the general nature of the commissioner’s relationship with any such individuals.

The ability of commissioners to participate remotely for just cause or emergency circumstances is dependent on the resources available at the meeting location and is not guaranteed. Additionally, teleconferencing for more than two (2) meetings per calendar year, regardless of whether the remote participation is for just cause

Chapter V. Commission Procedures B. Basic Rules and Procedures of Commission Meetings City of Berkeley 57 Commissioner’s Manual
or for emergency circumstances, is not permitted unless authorized through the reasonable accommodation process described in Appendix H. 2) Establishment of Meeting Rules
The chair will control the debate among commissioners so that everyone has a chance to speak before others speak for a second time and to expedite the business at hand. To this end, commissions may establish their own rules to limit debate.
3) Motions
A motion is required in order for the commission to take action. If public comment is taken on each item as it is heard, a motion on an agenda item typically takes place after public comment and during the commission’s deliberation.

Step One: Make the Motion
Any member of the commission, including the chair and vice-chair, may make a motion by stating, “I move to …” and then clearly explaining the action.

Step Two: Second the Motion
Before any debate or conversation regarding the proposed motion, another member of the commission must clearly state that they second the motion. If no commissioner seconds the motion, then the motion dies. If seconded, a motion may not be withdrawn or revised by the mover without the consent of the commissioner seconding it.

Step Three: Debate
The chair should read the motion prior to debate to ensure the motion is understood by the commission and the public. The commission is then free to debate the motion.

Step Four: Amend If Needed, and Restate
Sometimes the motion may be amended during debate. Amendments may be “friendly” or made by motion. A friendly amendment is an amendment that is proposed by a commissioner and then accepted by the maker and seconder of the motion without the need for a vote. If the maker and seconder do not accept the friendly amendment, the amendment may be proposed in the form of a motion, then must be seconded, and then voted upon. If passed, the amendment becomes part of the main motion.

The motion, whether amended or not, should be restated by the chair prior to the vote.

Step Five: Vote
After discussion has ended and immediately prior to the vote, the secretary or the chair should clearly state the full motion (with any amendments). The commission is then free to vote on the matter. Motions may be adopted by the "no objection" method unless any commissioner prefers voice or roll call vote. A roll call vote is required if any member is participating remotely. A roll call may be required if it is in the commission’s bylaws, or if a commissioner requests a roll call vote. While the “no objection” method may expedite a long agenda, a roll call vote may be

C. Order and Decorum Chapter V. Commission Procedures
Commissioners’ Manual 58 City of Berkeley
preferable to provide greater clarity and understanding on commission proceedings for the commissioners, the secretary, and the public in attendance.

If a roll call vote is used, the secretary then calls the roll (always calling the names in the same order). A commissioner may “pass” and vote last after the first time through the roll. The record must identify those voting ayes, those voting no, those abstaining, and those absent, including any member absent for recusal and the reason for the recusal. After all commissioners have voted, the secretary announces the vote totals and whether or not the motion passes.

If the motion is adopted, the maker's written version of the motion, if any, should be given to the secretary for reference in preparation of the meeting minutes. 4) Motion to Reconsider a Vote
A commission may reconsider their action on a vote taken earlier in the meeting if the meeting is still in session. To reconsider a vote, a commissioner from the prevailing side of the original vote must make a motion to reconsider. Any commissioner may second the motion to reconsider. If the motion to reconsider passes, another motion restating the original motion, and any revisions, must be made, seconded, and voted on.

Once the meeting is adjourned, an agenda item must be resubmitted for a future meeting for it to be reconsidered by the commission.

Scenario:

Commissioner Bob moved, and Commissioner Frank seconded, a motion to recommend the City Council approve a proposal for a new park. The vote was, Ayes: Bob, Frank, Millie, Anna, Ralph, Lee; Noes: Ally, Michael, Bradley.

Commissioner Bradley wants to reconsider their vote. Commissioner Bob, Frank, Millie, Anna, Ralph, or Lee are able, if they choose, to make a motion to reconsider the vote. Any commissioner may second the motion. If the motion to reconsider passes, any commissioner may propose the new motion.
5) Parliamentary Procedure and Robert's Rules of Order
More detailed information on parliamentary procedure for chairs and commissioners, the precedence of motions, and voting procedures is contained in informational materials provided by the City Clerk Department. Parliamentary rules derive from Robert's Rules of Order.

C. ORDER AND DECORUM
1) Conduct of Public in Attendance
Persons attending the meeting must observe the rules and procedures of the commission and shall not disrupt commission business, for example, by shouting; making disruptive noises, such as boos or hisses; creating or participating in a physical disturbance; speaking out of turn or in violation of the commission's procedures or rules; preventing or attempting to prevent others who have the floor from speaking; preventing others from observing the meeting; entering into or remaining in an area of the meeting room that is not open to the public; or approaching the commission without consent.

Chapter V. Commission Procedures D. Special Procedures
City of Berkeley 59 Commissioner’s Manual
Any request to communicate with the commission while it is in session (outside of public comment) should be through the commission secretary.

Members of the public who do not follow the rules for decorum may be asked to leave the meeting by the chair. If a member of the public creates a significant physical disruption to the conduct of the meeting or acts in a threatening manner toward another member of the public, staff, or commissioners, law enforcement personnel should be called by the staff or the chair to remove the individual from the premises. The Chair may call a short recess and commissioners and staff may leave the room while waiting for an individual to leave the meeting, or for law enforcement personnel to arrive.

Although not required, each person addressing the commission may give their name and city of residence. All remarks should be addressed to the commission as a body and not to any specific commissioner. Only comments from persons recognized by the chair are in order.

Any question asked of a commissioner must be asked through the chair.

After being recognized by the chair, a commissioner may briefly respond to comments made during the public comment period or may pose a question to the person speaking at public comment or during a public hearing. See Chapter IV, Section C for public comment regulations and guidelines. 2) Commission Conduct
While the commission is in session, the commissioners should not interrupt the proceedings or any commissioner or member of the public who has the floor.

The chair or the vice-chair may participate in the debate, subject only to such limitations of debate as are imposed on all commissioners. The chair should not be deprived of any of the rights and privileges enjoyed by a commissioner by reason of their acting as the presiding officer.

Every commissioner desiring to speak should address the chair and, upon recognition by the chair, should confine themselves to the question under debate.

A commissioner, once recognized, should not be interrupted when speaking unless it is to call them to order or for a point of personal privilege. If a commissioner, while speaking, is called to order, they should cease speaking until the question of order can be determined, and, if in order, they should be permitted to proceed.

D. SPECIAL PROCEDURES
1) Public Hearings
Public hearings are held only when required by law. When a hearing is required by law, the procedure for that hearing may also be specified by that law. In public hearings held by quasi-judicial commissions such as the ZAB, LPC, HAC, OGC, or FCPC, special rules apply.

D. Special Procedures Chapter V. Commission Procedures
Commissioners’ Manual 60 City of Berkeley
Notice of Hearing
Where a public hearing is mandated by law, the form and timing of the advance notice is specified by City or state law. The commission's secretary will handle all such requirements. Noticing beyond legal requirements is permitted but not required.

Certain public hearings require a posting in the area affected by the subject matter. Again, all legal notice requirements are properly handled by the commission's secretary.

Conduct of Hearing
The procedure to be followed for a public hearing varies depending on the governing law or regulation. In the instances where a commission acts in quasi-judicial fashion, certain minimum standards of receiving testimony must be met. These may include, but are not necessarily limited to, an introduction of the subject by either the secretary or the chair, testimony from affected persons or interested members of the public, an opportunity for the parties to the hearing to rebut, disclosure of ex-parte communications by the commission, and receipt of any pertinent documentation. No testimony can be heard after the hearing is closed.

However, commissioners may ask specific questions to the parties involved or members of the public and receive a response.

At public hearings, commissions have the responsibility to hear all viewpoints of any subject. In order to ensure that all parties are adequately heard, commissions shall follow the rules below. The commission may adopt its own procedures for public hearings in addition to those listed below, and may adopt alternate time limits for presentations by representatives and comments from the public.

1. If any commissioner must be recused for a conflict of interest, they must do so immediately when the item is taken up.

2. Commissioners shall verbally disclose all ex parte contacts concerning the subject of the hearing. Commissioners shall also submit a report of such contacts to the secretary in writing prior to the commencement of the hearing. Ex parte contacts includes any contact between a commissioner and a person that is a party to the public hearing regarding the subject matter of the hearing.

3. Staff shall introduce the public hearing item and present their comments.

4. The hearing is formally declared open by the chair.

5. Five-minute presentations each by representatives of both sides of the issue. In the case of an appeal, or a single interested party, the representative shall have five minutes to present.

6. Equal rebuttal time may be afforded to both sides.

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City of Berkeley 61 Commissioner’s Manual

7. General public comment related to the subject of the public hearing.

A speaker that spoke during the five-minute period may not speak again at the public comment portion.

8. The hearing is formally closed by commission motion and vote.

9. The commission deliberation begins after the public hearing is closed.

Action
Any action resulting from the hearing must be clearly stated in the form of a motion, properly seconded, and voted upon. The record must identify those voting ayes, those voting no, those abstaining, and those absent, including any members absent for recusal and the reason for the recusal. A roll call vote is the best voting method to ensure clarity for the public and the secretary. If findings are required as a part of the commission action, such findings should be clearly stated for the record. All potential conflicts of interest, whether they require recusal or not, should be stated at the commencement of the public hearing item.

Action must be by an affirmative vote of at least a quorum of Actual Appointees. See Chapter V, Section A for more information regarding quorums.

Under state law, action is prohibited on any matters that have not been properly noticed.

If no action is to be taken at that meeting, the chair should announce this fact and continue the item, and, if possible, advise the public of the date when action may be expected.

Recording of Hearings and Minutes
In certain quasi-adjudicating hearings, there is a legal requirement for a public hearing to be recorded. In addition, the secretary will provide a written set of action minutes, which, when adopted by the commission, constitute the legal record.

Impartiality and Standards of "Fair Play"
Commissions should be aware of the need to maintain basic standards of fair play, impartiality, and the need to avoid the appearance of bias. The chair has the primary responsibility to ensure that the varying points of view are heard, that the hearing proceeds in a timely and fair manner, and that the options for future action by the commission are clearly stated.

Awareness of the varying interests within the Berkeley community is essential because the City Council depends on its boards and commissions to provide thoughtful advice based on the fullest possible study of the subject and input from all relevant segments of the community.

E. Administrative Procedures Chapter V. Commission Procedures Commissioners’ Manual 62 City of Berkeley
2) Closed Sessions
Closed sessions are rarely permissible for commissions. They are authorized by the Brown Act for certain specified reasons generally only applicable to the City Council. The most common reasons for closed sessions are to discuss pending or threatened litigation with legal counsel, give instructions to a labor negotiator, and to appoint, evaluate, hear charges against, or dismiss an employee. Please contact the City Attorney for advice well in advance of any proposed closed session to ascertain whether, under the particular facts, the commission is authorized to conduct a closed session and, if so, how such a closed session must be noticed and conducted.

E. ADMINISTRATIVE PROCEDURES
1) Commission and Board Documents
The agenda packet for a commission or board meeting contains the agenda, reports related to agenda items, and communications from the public received prior to the distribution of the agenda packet.

All writings or documents, including communications from the public, Commissioners, and Board Members, that are related to any item on an agenda and distributed to a majority of the commission or board members after the agenda packet is distributed, but before or at the meeting, must be made available for public inspection at the time the writing or document is distributed to a majority of the commission or board at a designated location identified on the agenda. The commission or board secretary maintains a public viewing binder for these documents.

All writings or documents, including communications from the public, that are distributed to a majority of the commission or board members at the commission or board meeting must be made available for public inspection as quickly as possible. Members of the public and commissioners and board members submitting written communications at commission or board meetings should be encouraged to bring enough copies for all commissioners and board members, staff and at least five additional copies for members of the public (15 copies total, for most commissions and boards). The secretary is not required to immediately make copies of documents provided at the meeting when adequate copies are not provided by the submitting individual. Documents distributed at the meeting will be available in the public viewing binder the next business day. 2) Minutes
Although the Brown Act does not require minutes, except for closed sessions, the Commissioners’ Manual does require minutes of commission meetings. When required, minutes are limited to action minutes only. The draft minutes must be converted to PDF and posted on the City’s website within seven days after the meeting. Minutes are unofficial until approved by the commission.

Chapter V. Commission Procedures E. Administrative Procedures City of Berkeley 63 Commissioner’s Manual
The secretary shall keep an accurate record of the commission's proceedings and transactions. The secretary shall provide action minutes similar to those provided to the Council by the City Clerk. Action minutes list the date, time, and place of the meetings; the staff in attendance; the commissioners present and absent; and a clear and concise description of final actions taken. Approved motions are indicated by “moved, seconded, and carried" and include a breakdown of the vote. The vote breakdown includes the commissioners voting yes, no, abstain, absent, recused, and reason for recusal. Reasons for making a motion, debate, content of public comments, and audience reaction are not to be included.

In quasi-judicial proceedings, if no recording is made, more detailed minutes are needed that summarize debate, list findings, tally speakers for and against, and note testimony offered by the appellant, witnesses, and other relevant information.

The secretary will present draft minutes to the commission for approval at the next regular meeting. Minutes are approved by motion with corrections noted, if any, or if the changes are significant, the corrected minutes may be included in the agenda packet for adoption at the next regular meeting.

Commissioners not present at a meeting may vote on the approval of minutes from the meeting at which they were absent if they believe they are informed and able to consider the item.

Courtesy copies of the minutes may be distributed via email to other commissions or City departments whose area of interest is complementary or whose work directly relates to the subject that was discussed.

Hard copies of commission minutes must be signed by the secretary. These records are retained permanently. Official, signed commission minutes must also be e-mailed to the City Clerk Department Records Inbox once they have become official.
3) Recording Meetings
Audio or video recordings of meetings are not required. A commission and a secretary may decide to audio or video record their meetings, if resources permit; in this case all meetings should consistently be recorded. This is particularly important if the audio is to be posted to the web. Audio should be posted within two weeks after each meeting and must be posted for every meeting once the practice is started. Recordings must be maintained in accordance with the City's Records Retention Schedule. 4) Official Commission Records
All agendas, minutes, reports, communications, audio recordings (if retained), and any other related material should be kept in an organized manner by the secretary and in such a way that these records can be easily transferred to another staff person in the event of a change in duties or termination with the City.

F. Berkeley Open Government Ordinance Chapter V. Commission Procedures Commissioners’ Manual 64 City of Berkeley
The secretary is responsible for maintaining all commission records pursuant to the City's Records Retention Schedule, this Manual, and applicable Administrative Regulations.

F. BERKELEY OPEN GOVERNMENT ORDINANCE
Adopted in 2011, the Berkeley Open Government Ordinance (BMC Chapter 2.06) provides greater access to the public than is provided by state law with regard to City business and documents. The portions of the ordinance that are specific to commissions are listed below:
 Meetings of the ZAB are recorded, televised, and video streamed live as well as archived for replay. The ordinance also states the intent to add Planning Commission, Housing Advisory Commission, and Landmarks Preservation Commission meetings to the broadcast requirement when resources permit (BMC 2.06.100).
 Disclosure of ex-parte contacts prior to certain hearings as described in Chapter V. Section D (BMC 2.06.110).
 Donations to the City that may be accepted by any legislative body must be approved by the City Council at a regular meeting (BMC 2.06.150).  Delegation of oversight functions to the Open Government Commission (OGC).

The members of the FCPC also sit as members of OGC (BMC 2.06.190).

G. USE OF THE CITY LOGO AND BUSINESS CARD POLICY
Use of the City logo, branding, or collateral is restricted to communications generated from a City department. The logo may not be used for any other purposes. Commissioners may not use the City logo for any purpose that may imply or give the impression of City approval, sponsorship, representation, or coordination of any communication or activity.

Official City stationery may be used only for official commission correspondence such as memos authored by the secretary or a commission-approved letter or report to the City Council.

The City of Berkeley does not provide business cards for members of appointed boards and commissions. Commissioners are prohibited from using the city logo, branding, or collateral to create their own business cards.

Chapter VI. Council Reports and Reports to Council A. Agenda Process (Open Government Ordinance and A.R. 5.1) Commissioners’ Manual 65 APPENDICES
CHAPTER VI. COUNCIL REPORTS AND REPORTS TO COUNCIL
CHAPTER VI. INDEX
A. Agenda Process (Open Government Ordinance and A.R. 5.1)..........................65 B. Council Agenda Schedule.....................................................................................65 C. Commission Reports to Council ..........................................................................66 D. Distribution with Council Agenda Packet............................................................70 E. Resolutions/Ordinances Accompanying Reports ..............................................70 The City Council values commissions, and commission recommendations are an important part of Council’s consideration of issues. Reports are how Council reviews and considers commission recommendations and these reports should reflect the care, analysis, and effort commissions put into studying and discussing the topic. High quality reports are an essential element of providing recommendations and information to Council. Following these guidelines will help commissioners create better reports.

A. AGENDA PROCESS (OPEN GOVERNMENT ORDINANCE AND A.R. 5.1) Each year the Council adopts a schedule establishing the specific dates of all regular meetings and recess periods. The agenda schedule is structured to provide the City Council with copies of their agenda packet 12 days prior to the Council meeting. This allows Councilmembers and the public time to review the agenda material in order to be fully prepared to discuss and consider the agenda items.

The City Clerk is the coordinator for the agenda process. The City Clerk routes commission reports and the accompanying City Manager report, if any, to reviewers in the City Manager and City Attorney departments. The City Manager cannot prevent a commission report from going to the Council, but the review process may result in a request that the commission clarify some portion of its report in order to provide the Council with the best information possible.

The City Clerk posts City Council agendas, annotated agendas, and all reports including proposed resolutions and ordinances on the City's website. The City Clerk also provides live captioned webcast and video archives of Council meetings. The City offers e-mail subscription notification for newly posted Council information. Commissioners who wish to be notified when new electronic copies of agendas and annotated agendas are posted may subscribe to the City's e-mail subscription service.

B. COUNCIL AGENDA SCHEDULE
Coordinating, organizing, and assembling the large volume of information and reports that comprise the agenda packet is a complex task. The City Manager establishes an agenda schedule setting forth the various deadlines for submittal of agenda items based on meeting dates of the Council Agenda & Rules Committee and the City Council.

Commissions must comply with the agenda submission deadlines when planning to make a recommendation to the City Council. Reports to the City Council are due to the City Clerk 33 days prior to the meeting. Reports not submitted in accordance with this schedule will be delayed to a later meeting date.

C. Commission Reports to Council Chapter VI. Council Reports and Reports to Council Commissioners’ Manual 66 City of Berkeley
C. COMMISSION REPORTS TO COUNCIL
1) Method of Communication
A commission transmits its findings and responds to referrals and other communications to the City Council through a report on the City Council agenda. Commissions must stay within their purview when making recommendations to Council.

When the City Manager differs with the recommendations of a commission or wishes to include additional or different information, the City Manager may present a City Manager Companion Report to the Council highlighting alternate recommendations or additional information. Otherwise, the City Manager section of the report should state “City Manager [concurs with/takes no position on] the content and recommendations of the commission’s report.”
Alternately, commissions may relay their position on an issue to the Council in the form of a letter. These communications to Council must be approved by the full commission. The letter is then signed by the chair, and the secretary submits it to the City Clerk as a communication as soon as practicable. Commission letters are published in the regular communications packets that are distributed directly to the Council, available through the online records portal, and available at the meeting.

These are less formal documents that do not carry the weight of an officially adopted recommendation by Council. This type of communication is typically used when, for example, an item on the Council agenda is of interest to the commission and under their purview, but the timeline doesn’t allow the commission an adequate opportunity to prepare a formal report.

For reports on the Council agenda, commissions may prepare the types of reports described below. These reports go through the agenda review process described below and will ultimately be distributed to Council as part of an agenda packet. All three types of commission reports to Council shall state the full commission motion and the listing of how each commissioner voted. It must also state whether or not any commissioner was recused and the reason for recusal.

EXAMPLE:

At the [date of commission meeting] meeting, the commission took the following action:

Action: M/S/C (Fernandez/Jones) to [input text of the motion…].

Vote: Ayes – Nguyen, Okafor, Garcia, Lee, Fernandez; Noes - Wong, Jones; Abstain – Stein; Absent – Smith (Recused: lives within 300 feet of project).

Information Reports
This type of report should be used when the subject matter seeks to advise or inform the Council on a subject but does not request any action by Council. Information reports do not include formal recommendations.

Chapter VI. Council Reports and Reports to Council C. Commission Reports to Council Commissioners’ Manual 67 APPENDICES
Commissions typically submit their annual workplan to council though an Information Report.

Consent Calendar Reports
This type of report must include a specific recommendation for Council approval, adoption, or authorization. All items on the Consent Calendar are approved with a single vote of the Council. Items that are controversial or complex should not be submitted for the Consent Calendar. This type of report should be used when an item needs to be acted on by Council but is routine in nature. In a Consent item, the City Manager section of the report should state “City Manager [concurs with/takes no position on] the content and recommendations of the commission’s report.”
Action Calendar Reports
This type of report is for items that require a full dialogue with Council, have particularly high public interest, or are complex in nature. These reports must include a specific recommendation for Council approval, adoption, or authorization. If the City Manager submits a companion report to a commission report, typically with an alternative recommendation, both reports must be submitted for the Action Calendar and will appear together as items (a) and (b) under the same item number.
2) Basic Steps for Communicating to Council

1. An item is placed before the commission by Council referral, staff, or a commissioner.

2. The commission agendizes the topic.

3. The commission discusses the agendized item and votes to send its recommendation or findings to Council.

4. The commission drafts a report, approving the text by motion and vote, and sends it to the secretary (it may take several commission meetings to fully discuss an item and agree on findings).

5. The secretary enters the report into the agenda review process. 3) Creating Council Reports
The commission is responsible for drafting the text of the report and providing the final text to the secretary. With the permission of the full commission, final editing duties may be assigned to specific commissioners.
4) Formatting and Submitting Council Reports
The secretary of the commission is responsible for formatting and submitting the commission report as approved by the commission and upon final review by the commission chair or their designee. The chair of the commission is listed on the report on the “Submitted by:” line in the heading.

The City Manager may ask the commission for additional information and/or clarification before placing the report on the agenda.
5) Timeline
Once the commission provides the complete text of the report to the secretary, the secretary ensures that it is in the proper format and submits

C. Commission Reports to Council Chapter VI. Council Reports and Reports to Council Commissioners’ Manual 68 City of Berkeley
it through the department director to the City Clerk. The secretary must submit the commission report into the agenda process no later than three weeks following receipt of the final report text.

Once the commission report has been placed on a draft City Council agenda, the Agenda & Rules Committee has the following options with regards to scheduling the commission item:

1. For a commission item that does not require a companion report from the City Manager, the Agenda & Rules Committee may 1) move a commission report from the Consent Calendar to the Action Calendar or from the Action Calendar to the Consent Calendar; 2) re-schedule the commission report to appear on one of the next three regular Council meeting agendas that occur after the regular meeting under consideration. Commission reports submitted in response to a Council referral shall receive higher priority for scheduling; 3) refer the item to a policy committee; or 4) allow the item to proceed as submitted.

2. For any commission report that requires a City Manager companion report, the Agenda & Rules Committee will schedule the item on a Council agenda for a meeting occurring not sooner than 60 days and not later than 120 days from the date of the meeting under consideration by the Agenda & Rules Committee. A commission report submitted with a complete companion report may be scheduled pursuant to the paragraph above.

As stated above, the deadline to submit reports for the Council agenda is 33 days prior to the meeting. Departments may have additional deadline requirements. As a general guideline, a commission should allow at least three months for an item or recommendation to be considered and adopted by the commission, then entered into the Council agenda process, and ultimately be heard at a City Council meeting.
6) Votes Needed to Take Action
On rare occasions, a commission may be unable to achieve the number of votes needed to take official action in time for consideration of an issue by the City Council. In such cases, a commission may communicate the opinion of fewer commissioners than the officially required majority. Nothing in this section shall be construed to prevent the City Manager from reporting what occurred at the commission meeting.

Scenario:

A commission of nine Actual Appointees, where there are only five commissioners present at the meeting (thus achieving the required quorum of five). These five commissioners disagree: three voting for a proposal and two against. If time permits, the matter would be held until all commissioners were present and a definitive recommendation voted upon. If, however, the matter is time sensitive, the commission could

Chapter VI. Council Reports and Reports to Council C. Commission Reports to Council Commissioners’ Manual 69 APPENDICES
take action to communicate the facts to the Council and indicate those voting for each of the opposing viewpoints.
7) Reports to Council: Structure/Content/Format
It is the commission's responsibility to provide complete, concise, and accurate reports to the Council so that the City Council fully understands the issue and what action, if any, it is being asked to take.

It is the responsibility of the commission to ensure that each report includes:
 A clear recommendation on what action the commission is asking the Council to take.
 A realistic evaluation of the financial implications of the recommendation and, if possible, potential funding sources.
 The reason(s) for making the recommendation.
 The facts on which the recommendation was made.
 The resolution or ordinance in proper format, if needed.

High quality commission reports and recommendations take into account the Council's need to view an issue from as many perspectives as possible.

The Council must fully understand the relevant background and implications, including costs, if possible, of each action it is asked to take.

Submission of high-quality reports will enable the City Council to act knowledgeably and expeditiously on commission recommendations and will reduce the likelihood of the Council referring the report back to the commission for clarification.

High quality reports entail the following key procedural aspects:
 Review by other affected commissions, if any, prior to submission to the City Council.
 Proper report format and preparation.
 Legal review by the City Attorney, when appropriate.
 Consideration of potential monetary costs.

The format requirements for reports to the Council are the same for commissions as for staff. It is the secretary's responsibility to follow format requirements when finalizing a commission report. Format templates and examples are available to secretaries through the City’s intranet.

Commission reports may be considered incomplete in one or more of the following instances.
 When the discussion and evaluation of the financial implications and, if possible, funding sources are not included.
 When the report has not been reviewed by another commission(s) whose review is essential if the Council is to make an informed decision.  When an improper format has been used.

D. Distribution with Council Agenda Packet Chapter VI. Council Reports and Reports to Council Commissioners’ Manual 70 City of Berkeley
 When the recommendation or implications of the recommendation are unclear because of inadequate information.
 If any attachments such as resolutions, letters, or supporting documentation are missing.

The secretary must ensure that the City Manager companion report is submitted in accordance with established timelines so that it does not delay the commission item.
8) Review by Other Commissions
Often the spheres of interest of various commissions overlap, depending on the specific issue. Before a commission recommends action on an issue, it should invite other commissions with an interest in the topic to review the subject and offer a response, whether or not the Council specifically requested such coordination.

Scenario 1
The Parks, Recreation, and Waterfront Commission (PRWC) is working on a recommendation regarding a children’s cycling program. The PRWC should have their recommendation reviewed by the
Transportation & Infrastructure Commission to determine if there are any safety, policy, or infrastructure improvements that might need to be considered.

Scenario 2
The Commission on Aging is planning to recommend the funding of a health care clinic for seniors. It should refer the proposal to the Community Health Commission and the Mental Health Commission.

If a referral to another commission has been made, the commission writing the report indicates at the beginning of the report the fact that it made a referral and what the response to the referral was, if any.

A typical process for commission coordination would be for Commission A to develop a draft report, pass a motion to refer the draft report to Commission B and others as necessary to review the report and submit comments back to Commission A, which incorporates comments, revises the report as necessary, and submits it to Council. All of the information sharing in this sample process is conducted exclusively through the commission secretaries.

D. DISTRIBUTION WITH COUNCIL AGENDA PACKET
Reports that have completed the legislative review process will be distributed by the City Clerk to the City Council as part of an agenda packet.

E. RESOLUTIONS/ORDINANCES ACCOMPANYING REPORTS
Most actions taken by the Council do not require a resolution or ordinance. When a resolution or ordinance is absolutely necessary and required for legal or financial reasons, commission secretaries should obtain the proper template from the City

Chapter VI. Council Reports and Reports to Council E. Resolutions/Ordinances Accompanying Reports Commissioners’ Manual 71 APPENDICES
Clerk for inclusion with a commission's report. These guidelines should be followed.
 The secretary will ensure that all resolutions and ordinances follow the format provided in the City Clerk Department templates posted on the intranet.  If the Commission is proposing an ordinance for adoption that will be codified in the BMC, they must follow the formatting procedures provided by the City Clerk Department on the intranet. In addition, the ordinance must be forwarded to the City Attorney and City Clerk for review prior to submitting the final report to the City Clerk for the agenda process.
 Resolutions and ordinances must be carefully proofread for accuracy.

Chapter VI. Council Reports and Reports to Council
Commissioners’ Manual 72 City of Berkeley

APPENDICES
APPENDIX A. Berkeley Municipal Organization Chart ............................................73 APPENDIX B. Berkeley City Charter Section 36 ......................................................74 APPENDIX C. BMC Chapter 3.64 ...............................................................................75 APPENDIX D. City Attorney Memo Regarding Conflict of Interest ........................77 APPENDIX E. Incompatibility; Recusal; Automatic Vacancy .................................81 APPENDIX F. Resolution No. 53,989-N.S. . ..............................................................83 APPENDIX G Administrative Regulation 3.2; Stipends for Commissioners ........83 APPENDIX H. Accommodations for Persons with Disabilities...............................90 APPENDIX I. Information for Newly Appointed Commissioners ..........................94

Appendix A. Berkeley Municipal Organization Chart
Commissioners’ Manual 73 APPENDICES
APPENDIX A. BERKELEY MUNICIPAL ORGANIZATION CHART

Appendix B. Berkeley City Charter Section 36
Commissioners’ Manual 74 City of Berkeley
APPENDIX B. BERKELEY CITY CHARTER SECTION 36
Charter of the City of Berkeley
BMC Chapter 3.64
Section 36. Officers not to be interested in contracts or franchises.

No officer or employee shall be directly or indirectly interested in any contract, work or business of the City, or in the sale of any article, the expense, price or consideration of which is paid for from the treasury or by assessment levied by any act or ordinance; nor in the purchase or lease of any real estate or other property belonging to the City or which shall be sold for taxes or assessments or by virtue of legal process at the suit of the City.

No officer shall be in the employ of any public service corporation in the City or of any person having any contract with the City or of any grantee of a franchise granted by the City.

Provided, however, the prohibitions in this Section contained shall not apply to the following:
(a) Members of advisory Boards, Commissions, or Committees of the City, who serve without salary or other compensation; provided, however members of Boards, Commissions or Committees which perform functions other than advisory functions shall not be included within this exception.
(b) Officers or employees of the State of California or of any department, division, or constitutionally created agency thereof.

Any contract or agreement made in contravention of this Section shall be void.

Any violation of the provisions of this Section shall be deemed a misdemeanor.

The Council shall enforce the provisions of this Section by appropriate legislation.

Appendix C. BMC Chapter 3.64 Interpreting City Charter Section 36 Concerning Membership on Boards and Commissions
Commissioners’ Manual 75 APPENDICES
APPENDIX C. BMC CHAPTER 3.64 INTERPRETING CITY CHARTER SECTION 36

CONCERNING MEMBERSHIP ON BOARDS AND COMMISSIONS

3.64.010 Findings.

A. For many years the Berkeley City Council has relied on an extensive system of advisory boards and commissions in the formulation of public policy, and approximately thirty commissions, with more than two hundred fifty members meet on a regular basis to reflect and express a broad spectrum of citizen opinion on civic issues.

B. The City benefits from this network of democratic participation because it provides a structured setting within which the viewpoints and experience of citizens can supplement the technical expertise of City staff professionals. In addition, this system allows the City to benefit from the wide variety of experience and specialized knowledge of selected citizens--in Berkeley, often at the cutting edge of their fields--that are sources of innovation and sensitive response to public needs.

C. The citizens on Berkeley’s boards and commissions serve out of the desire to discharge civic responsibility. They are not (with the exception of the Police Review Commission and the Rent Stabilization Board) paid for their services and, in most cases, are not reimbursed for expenses they incur.

D. A commissioners’ responsibilities are substantial, and entail a significant expenditure of time. Often, they are called upon to make difficult judgments and arrive at unpopular conclusions.

E. For this system of democratic participation to continue to function effectively, it is essential that citizens who volunteer their services to the City not incur unwarranted personal risk as they participate on boards and commissions.

F. Charter Section 36 prohibits an officer from being directly or indirectly interested in any contract, work, or business of the City. Although this section exempts members of advisory boards, commissions, or committees who serve without salary or other compensation, members of boards, commissions, or committees which perform functions other than advisory functions are subject to this prohibition.

G. Conflict of interest legal issues, especially those raised under the City Charter Section 36, are extremely complex, turn on subtle nuances of fact, and the legal terms used often have meanings different from their commonsense construction.

H. The ambiguities in Section 36 deter many qualified citizens from serving as commissioners for fear that they may inadvertently violate the Charter.

I. There is therefore a need to clarify the provisions of the City Charter and to balance the City’s interests in preventing the use of public office for private gain against the City’s need for diverse community representation on its boards and commissions.

J. City Charter Section 36 (b) authorizes the council to enact appropriate legislation to implement the provisions of City Charter Section 36 and Charter Section 118 authorizes the council to enact legislation which may be necessary and proper to carry out any of the provisions of the Charter.

Appendix C. BMC Chapter 3.64 Interpreting City Charter Section 36 Concerning Membership on Boards and Commissions
Commissioners’ Manual 76 City of Berkeley
K. Enactment of legislation clarifying and implementing Section 36 is necessary and proper for the reasons set forth above. (Ord. 5694-NS § 1, 1985)

3.64.020 Definitions.

For purposes of determining whether a member of a board and commission has a prohibited interest in a contract, work or business of the City within the meaning of Charter Section 36 and this chapter, the following definitions shall apply:

A. “Advisory board" or "commission." All boards and commissions of the City shall be deemed advisory except in instances when the board or commission is performing other than an advisory function as defined in subsection B below.

B. "Performance of other than advisory functions." A board or commission will be deemed to perform other than an advisory function and to be subject to this chapter and Section 36 only with respect to any contract, work or business of the City, the making or securing of which is influenced either directly or indirectly by the board or commission. A board or commission directly or indirectly influences the making or securing of a contract, work or business of the City whenever it engages in actions, including but not limited to, formally or informally reviewing a contract, reviewing a bid specification or request for proposal, discussing funding of an activity, discussing priorities for funding, or making general policy, implementation of which results in the making or securing of a contract, work or business for the City.

C. "Interested; Exclusions." A City employee or member of a board or commission shall not be deemed to be "interested" in a contract, work or business of the City if their relationship with the contracting party or entity constitutes a "remote interest" within the meaning of Government Code Sections 1091 and 1091.5, the fact of such interest is disclosed to the department, board or commission of which they are a member and noted in its official records, and the employee or member with such interest disqualifies themself from participating in any manner, either directly or indirectly, in making or influencing any decision related to the contract, work or business of the City in which they have a remote interest. (Ord. 5694-NS § 2, 1985)

3.64.030 Contract, work or business of City--Prohibitions.

No member of a board or commission shall be directly or indirectly interested in any contract, work or business of the City as defined in 3.64.020C herein if the board or commission of which they are a member has performed other than advisory functions as defined in Section 3.64.020B herein, with respect to such contract, work, or business of the City. (Ord. 5694-NS § 3, 1985)

3.64.040 Chapter declaratory of existing law.

This chapter is declaratory of and does not constitute any change in existing law. (Ord. 5694-NS § 4, 1985)

Appendix D. City Attorney Memo Regarding Conflict Of Interest Commissioners’ Manual 77 APPENDICES
APPENDIX D. CITY ATTORNEY MEMO REGARDING CONFLICT OF INTEREST

Appendix D. City Attorney Memo Regarding Conflict Of Interest Commissioners’ Manual 78 City of Berkeley

Appendix D. City Attorney Memo Regarding Conflict Of Interest Commissioners’ Manual 79 APPENDICES

Appendix D. City Attorney Memo Regarding Conflict Of Interest Commissioners’ Manual 80 City of Berkeley

Appendix E. BMC 3.02.050 Council Determination as to Incompatibility; Recusal; Automatic Vacancy Commissioners’ Manual 81 APPENDICES
APPENDIX E. BMC 3.02.050 COUNCIL DETERMINATION AS TO
INCOMPATIBILITY; RECUSAL; AUTOMATIC VACANCY
A.  The Council finds and declares that:

1.  Citizen advisory boards and commissions (collectively "commissions") bring to bear significant expertise on issues that come before the City.

2.  Sitting on a volunteer advisory commission is a significant commitment of time and energy, which prevents many qualified individuals from sitting on commissions.

3.  Individuals who are particularly qualified in a particular area will often have employment that is in some way related to the issues that come before the advisory commissions on which they sit.

4.  Although the Council has provided that advisory commissions are subject to the City’s Conflict of Interest resolution, in light of their advisory status and the need to attract qualified commissioners, advisory commissions should not be subject to every possible prohibition related to conflicts of interest.

5.  It is the purpose of this section to establish a fair and workable standard for determining when outside activities for compensation are incompatible with membership on an advisory commission, to establish the obligations of members of advisory commissions with respect to outside activities for compensation, to provide a process for determinations relating to incompatibility of outside activities for compensation and to establish remedies.

B.  Pursuant to its authority under Government Code Section 1126(b), the City Council establishes and declares that outside activities for compensation shall not be considered incompatible with membership on City commissions other than those listed in subsection (I), but members of such commissions shall recuse themselves with respect to commission actions relating to any outside activity for compensation to the extent the action involves any specific employment responsibilities for which they receive compensation.

C.  The City Attorney shall employ the standards set forth in the preceding subsection in making determinations under Government Code Section 1126 with respect to members of commissions other than those listed in subsection (I). Whenever the City Attorney issues a written opinion under Government Code Section 1126, that opinion shall be immediately transmitted to the City Clerk and the affected commissioner.

D.  If the affected commissioner notifies the City Clerk in writing of their disagreement with the City Attorney’s opinion within 14 days after the opinion is transmitted to them, the City Clerk shall place the matter on the Council’s agenda at the earliest possible time and shall notify the

Appendix E. BMC 3.02.050 Council Determination as to Incompatibility; Recusal; Automatic Vacancy Commissioners’ Manual 82 City of Berkeley
affected commissioner of the date and time of the meeting at which the Council will consider the matter.

E.  The Council shall allow the affected commissioner an opportunity to address it, shall determine whether to affirm or overrule the City Attorney’s opinion and may make any order consistent with this section and Government Code Section 1126.

F.  If the commissioner fails to comply with the City Attorney’s opinion or, on appeal, the order of the City Council, the commissioner’s seat shall be deemed automatically vacated as of the date of the Council’s order.

G.  From the date the City Attorney’s opinion is issued and transmitted to the board or commissioner who is its subject, until completion of Council proceedings under this section, that commissioner shall comply with the incompatibility standard set forth in subsection (B) as applied in the City Attorney’s opinion. Thereafter, the commissioner member shall comply with the order of the Council.

H.  Prior to accepting any appointment to any commission, the nominee shall disclose to the appointing Councilmember every employment, activity or enterprise for compensation that falls within the scope of the authority of the board or commission for which they have been nominated.

I.  The standard set forth in subsection (B) of this section applies to commissioners appointed by the Council to all City boards and commissions except the Board of Library Trustees, the Fair Campaign Practices Commission, Homeless Commission, Housing Advisory Commission, Human Welfare and Community Action Commission, Landmarks Preservation Commission, Planning Commission, Police Review Commission, and Zoning Adjustments Board.

J.  Nothing in this section affects any disclosure, disqualification or eligibility requirement of under any provision of federal, state or local law other than Government Code Section 1126(b).

Appendix F. Resolution No. 53,989-N.S. Notice to Potential Candidates for Berkeley Elective Office and Individuals Interested In Serving as Members of City Boards and Commissions Commissioners’ Manual 83 Appendix F. Resolution No. 53,989-N.S. Notice to Potential Candidates for Berkeley Elective Office and Individuals Interested In Serving as Members of City Boards and Commissions
APPENDIX F. RESOLUTION NO. 53,989-N.S. NOTICE TO POTENTIAL

CANDIDATES FOR BERKELEY ELECTIVE OFFICE AND INDIVIDUALS

INTERESTED IN SERVING AS MEMBERS OF CITY BOARDS AND COMMISSIONS

Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners Commissioners’ Manual 84 City of Berkeley
APPENDIX G. ADMINISTRATIVE REGULATION 3.2 GOVERNING STIPENDS FOR

COMMISSIONERS

Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners Commissioners’ Manual 85 Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners

Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners Commissioners’ Manual 86 City of Berkeley

Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners Commissioners’ Manual 87 Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners

Appendix G. Administrative Regulation 3.2 Governing Stipends for Commissioners Commissioners’ Manual 88 City of Berkeley