Berkeley City Council
January 25, 2022

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confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle. 1302.6 CIVIL LIBERTIES AND RIGHTS PROTECTION:

The Berkeley Police Department is dedicated to the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. The procedures described within this policy (Data Access, Data Protection, Data Retention, Public Access and Third- Party Data Sharing) protect against the unauthorized use of ALPR data. These policies ensure the data is not used in a way that would violate or infringe upon anyone's civil rights and/or liberties, including but not limited to impacts that may violate the First and Fourth Amendments and other potentially disparate or adverse impacts on any communities or groups.

The Berkeley Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for the purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).

1302.7 PUBLIC ACCESS
Non-law enforcement requests for information regarding a specific vehicle's license plate may be honored when the requester is the registered owner of the vehicle in question, and when providing such information will not invade the privacy of a third party. The requester in such cases must provide acceptable proof of his or her identity and of ownership of the vehicle in question.
1302.8 THIRD-PARTY DATA-SHARING
(a) Non-law enforcement requests for access to stored ALPR data related to parking management shall be processed according to this policy, and the Records Maintenance and Release Policy in accordance with applicable law.
(b) The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as permitted by this policy and under no circumstances. ALPR data is subject to the provisions of BPD Policy 415, and hence may not be shared with federal immigration enforcement officials.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided by this policy and in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

Aggregated ALPR data not related to specific criminal investigations authorized by a court order, subpoena, or search warrant shall not be released to any local, state or

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federal agency or entity without the express written consent of the City Manager and only in accordance with this Use Policy.

Third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020 (2) (a).
1302.9 TRAINING AND ALPR ADMINISTRATOR
Training for the operation of ALPR technology shall be provided by BPD personnel. All BPD employees who utilize ALPR technology shall be provided a copy of this Surveillance Use Policy.
(1) The Investigations Division Captain shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(i) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the Genetec ALPR system or to collect ALPR information.

(ii) Ensuring that training requirements are completed for authorized users. The Administrator shall ensure that members receive department-approved training for those authorized to use or access ALPRs (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

(iii) A description of how the Genetec ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.

(iv) Procedures for system operators to maintain records of access in compliance with Civil Code§ 1798.90.52 and this Use Policy.
(v) The title and name of the current designee in overseeing the ALPR operation. (vi) Ensuring this policy and related procedures are conspicuously posted on the City's website.
1302.10 AUDITING AND OVERSIGHT
Genetec ALPR System audits will be conducted by the Professional Standards Bureau's (PSD) Audit and Inspections Sergeant pursuant to Municipal Code SectionBMC

2.99.020 4. k. on a regular basis, at least biannually. (1) Any unauthorized access or data breach shall be reported immediately to the City Manager.
(2) The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and

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any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d. , published on the City of Berkeley website in an appropriate location, and retained by PSD. 1302.11 MAINTENANCE
Any installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Investigations Division Captain. The Investigations Division Captain will assign members under their command to administer the day-to-day operation of the ALPR equipment and data.

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Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7140 TDD: 510.981.6903 E-Mail: [email protected]

REVISED AGENDA MATERIAL
for Supplemental Packet 1

Meeting Date: November 30, 2021

Item Number: 27

Item Description: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

Submitted by: Councilmembers Harrison and Hahn

Amends Resolution to adopt a Surveillance Technology Use Policy for Automatic License Plate Readers as required by the Surveillance Technology Ordinance.

To date, Council deferred adoption of a Surveillance Use Policy pursuant to Sections

2.99.020 and 2.99.050 of the Ordinance for Automatic License Plate Readers, including in order to draft a policy with enhanced civil liberties protections. Berkeley Police Department Administrative Order #001-2016, prepared in 2016 before adoption of the Surveillance Ordinance, has served as a de facto ALPR policy, however Administrative Order #001-2016 is out of date and does not satisfy the specific requirements of the Surveillance Ordinance. Adoption of an earlier proposed update to the use policy for ALPRs was deferred by Council as it did not contain sufficient information about data retention and sharing and protection of civil liberties.

The attached Use Policy supersedes Administrative Order #001-2016 and satisfies the requirements of the Ordinance, including providing a legally-enforceable Surveillance Use Policy and enhanced civil liberties protections.

Use Policy Overview:

• Provides key definitions.
• Authorizes ALPR for Parking Enforcement Operations and Parking Occupancy Analysis.
• Enumerates specifically prohibited uses of ALPR that may impact civil liberties.
• Incorporates key provisions from BPD’s previously proposed Policy 1302.

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• Addresses the Police Review Commission’s concerns, as expressed in their September 11, 2019 letter to Council pursuant to Section 2.99.030, about the previously proposed Use Policy 1302.
• Specifies appropriate data retention periods for ALPR reads and hits. • Specifies that personally identifiable ALPR data will not be sent to goBerkeley (as confirmed by Transportation Division staff) as part of Parking Occupancy Analysis.
• Specifies that ALPR data obtained from Parking Enforcement Operations, including data and metadata associated with ALPR Reads and Hits, may be used to support a specific criminal investigation only pursuant to a valid court order, subpoena, or a search warrant.
• Restates the City’s policy of not sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement. • Specifies that third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020.

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

A RESOLUTION ACCEPTING THE ANNUAL SURVEILLANCE TECHNOLOGY

REPORT FOR AUTOMATIC LICENSE PLATE READERS, GPS TRACKERS, BODY

WORN CAMERAS, AND THE STREET LEVEL IMAGERY PROJECT AND ADOPTING

A SURVEILLANCE TECHNOLOGY USE POLICY FOR AUTOMATIC LICENSE PLATE

READERS

WHEREAS, on March 27, 2018, the City Council adopted Ordinance 7,592-N.S., which is known as the Surveillance Technology Use and Community Safety Ordinance (“Ordinance”); and

WHEREAS, Section 2.99.070 of the Ordinance requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section

2.99.020(2) of the Ordinance at the first regular City Council meeting in November; and

WHEREAS, the Surveillance Technology Reports satisfy the requirements of the Ordinance.; and

WHEREAS, Council deferred adoption of a Surveillance Use Policy pursuant to Sections 2.99.020 and 2.99.050 of the Ordinance for Automatic License Plate Readers in order to draft a policy with enhanced civil liberties protections, and heretofore Berkeley Police Department Administrative Order #001-2016, prepared in 2016 before passage of the Surveillance Ordinance, has served as a de facto ALPR policy; and

WHEREAS, the attached Use Policy supersedes Administrative Order #001-2016 and satisfies the requirements of the Ordinance, including providing a legally-enforceable Surveillance Use Policy and enhanced civil liberties protections.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby accepts the Surveillance Technology Reports for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project and adopts a Surveillance Technology Use Policy for Automatic License Plate Readers.

Attachment

1. Surveillance Use Policy – Automatic License Plate Readers

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Surveillance Use Policy – Automatic License Plate Readers 1302.1 PURPOSE
This Surveillance Use Policy is legally-enforceable pursuant to BMC 2.99.

The policy of the Berkeley Police Department is to utilize ALPR technology to capture and store digital license plate data and images for Parking Enforcement Operations and Parking Occupancy Analysis while recognizing the established privacy rights of the public.
1302.2 DEFINITIONS
“Alleged Parking Violation” means an alleged violation of time limits in parking areas designated by state and local law, or a violation of time limits and/or non-permit parking in the City’s RPP zones.
“ALPR Read Image” means images of license plates, vehicles, wheels or any other incidentally captured image.
“ALPR Read” means computer-readable data captured by an ALPR Reader, including ALPR Read Image and associated ALPR Read Metadata. ALPR Reads are transient means to create potential government records, to include Parking Occupancy Analysis data and Enforced Citations, and therefore shall not be considered a government record itself pursuant to Government Code § 34090.6.
“ALPR Hit” means an Alleged Parking Violation or State Stolen or Wanted System alert resulting from computer generated analysis of ALPR Reads by the Genetec ALPR System resulting in an apparent:
(1) match between an ALPR Read and ALPR Read Metadata stored in the Genetec ALPR System, to include the State Stolen or Wanted System; or (2) incongruence between an ALPR Read and permit information stored in the Passport Parking Management System.
“ALPR Read Metadata” means any image-based or other metadata, including but not limited to, global positioning system coordinates, block face information, tire position information, digitized license plates in alphanumeric characters, and timestamps. “Automated License Plate Reader” or “ALPR” means one or more Genetec AutoVu mobile cameras affixed to Parking Enforcement Scooters and combined with computer software and algorithms to read and convert images of license plates, the characters they contain, and associated ALPR Read Metadata related to Parking Enforcement Operations or Parking Occupancy Analysis into computer-readable data. “Deploy” or “Deployment” means any operation or use of ALPR Readers affixed to Parking Enforcement Scooters.

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“Enforced ALPR Hit” means an Alleged Parking Violation confirmed by a Parking Enforcement Officer that results in the transmission of associated ALPR Read Image and ALPR Read Metadata to the Passport Parking Management System for storage in a database as a government record for the purpose of citation processing. “Genetec ALPR System” means the computerized Genetec server and database that stores and pushes ALPR Read Metadata generated by ALPR Readers. “Residential Parking Permits” or “RPP” means an annual, visitor, merchant or in-home care parking permit, typically represented by a vehicle’s license plate, and associated with the City’s Residential Parking Permit program across designated zones. “Parking Enforcement Scooter” means the GO-4 three-wheeled parking enforcement vehicle.
“Parking Enforcement Officers” means employees of the City who work weekly rotations on Parking Enforcement Operations beats throughout the City and are properly trained to operate ALPRs and access the Genetec ALPR System.
“Parking Enforcement Operations” means Parking Enforcement Officer enforcement of parking regulations associated with local ordinances, the California Vehicle Code, and State Stolen or Wanted System enforcement through Parking Enforcement Scooter- based automated (ALPR) and non-automated means.
“Personally Identifiable Information” or “PII” means information:
(1) that directly identifies an individual (e.g., name, address, vehicle registration number, or other identifying number or code, telephone number, email address, etc.) or (2) by which the City or other agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. “Parking Occupancy Analysis” means ongoing computational or algorithmic analyses performed by Passport Parking Management System or the City of Berkeley on ALPR Read Metadata regarding the occupancy of total parking spaces across commercial districts as part of goBerkeley, the City's data-driven, demand-responsive parking management program. ALPR Read Metadata data associated with Parking Occupancy Analysis shall not include any license plate or other PII information. “Parking Permit Application” means an application submitted to the City for RPP or other permit that may include but is not limited to PII such as names, address, photo identification, vehicle registration (license plate and vehicle identification number), phone number and email address.
“Passport Automatic Occupancy Data Collection System” means the server and database whereby the Passport Parking Management System vendor, on behalf of the City, downloads, stores and transfers Parking Occupancy Analysis ALPR Read

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Metadata stripped of any and all PII before being transferred to the goBerkeley program.
“Passport Parking Management System” means the servers and databases maintained by Passport Labs Incorporated, containing the database of the license plate numbers and other PII associated with Parking Permit Applications and Residential Parking Permits, and including historic parking citation data, to include Enforced Hits. “PocketPEO” means a mobile device providing handheld ticket issuance and ALPR data reference capabilities.
“State Stolen or Wanted System” means information from the California Law Enforcement Telecommunications System's (CLETS) Department of Motor Vehicles (DMV) Stolen Vehicle System (SVS) database providing data regarding stolen vehicles, and the Federal Bureau of Investigation's National Crime Information Center (NCIC) database of wanted vehicles.
1302.3 AUTHORIZED AND PROHIBITED USES
Use of an ALPR is restricted to the purposes outlined below.

All data and images gathered by the ALPR are for official use by the Berkeley Police Department for Parking Enforcement Operations and may be retroactively queried in limited circumstances only as specified by this policy.

In addition, ALPR data may be used by the Finance, Information Technology (IT), Customer Service, and Public Works Departments as specified herein and consistent with Parking Enforcement Operations and Parking Occupancy Analysis. Since such data may contain confidential information, it is not open to public review, except as specified.

Berkeley Police Department members or other Departments shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

Anyone who engages in an impermissible use of the Genetec ALPR system or associated scan files or hot lists may be subject to administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies.
(a) An ALPR shall only be Deployed and used for Parking Enforcement Operations, and Parking Occupancy Analysis.
(b) ALPR data strictly obtained from Parking Enforcement Operations, including data and metadata associated with ALPR Reads and Hits, may be used to support a specific criminal investigation only pursuant to a valid court order, subpoena, or a search warrant.
(c) The following uses of the Genetec ALPR System are specifically prohibited:

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(1) Invasion of Privacy

Except when done pursuant to a court order, subpoena, or a search warrant, it is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).
(2) Harassment or Intimidation
It is a violation of this Policy to use the Genetec ALPR system to harass and/or intimidate any individual or group.
(3) Use Based on a Protected Characteristic.

It is a violation of this Policy to use the ALPRs or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by (4) Personal Use

It is a violation of this Policy to use the Genetec ALPR System or associated ALPR Read data or State Stolen or Wanted System lists for any personal purpose. (5) First Amendment Rights

It is a violation of this Policy to use ALPRs or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights. (6) Criminal Enforcement
It is a violation of this Policy to use or Deploy ALPRs to scan or canvass license plates in connection with any crime scene, patrol operation, or investigation. (7) Use of Hot Lists
It is a violation of this Policy to use the Genetec ALPR System in conjunction with any hot list other than the State Stolen or Wanted System.
1302.4 DATA COLLECTION AND RETENTION
The Investigations Division Captain, or their designee, is responsible for ensuring proper collection and retention of ALPR data. Technical support and assistance shall be provided by the City of Berkeley's IT department and associated Genetec ALPR system providers/vendors as identified below.

IT staff will not have the ability to access or view individual records or reports, as they may contain PII information they are not authorized to receive. Genetec ALPR System

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data provided to Parking Control Officers may also contain confidential CLETS information and is not open to public review. IT's role will be limited to providing initial infrastructure set-up, unless particular IT staff members have been cleared by DOJ background checks and authorized by the Chief of Police to receive PII or CLETS information.

ALPR information gathered and retained by the Berkeley Police Department may only be used and shared with prosecutors or other law enforcement agencies pursuant to a valid court order, subpoena, or a search warrant and as limited by this policy. (a) ALPR Reads
ALPR Read Images and Metadata resulting from ALPR Reads stored locally on Parking Control Officer Vehicle laptops and PocketPEO shall be purged at least nightly.

In no case shall ALPR Read Images resulting from ALPR Reads be transmitted to or stored in the Genetec ALPR System.
(b) ALPR Reads Not Resulting in ALPR Hits
All ALPR Read Metadata from ALPR Reads transmitted and stored in the Genetec ALPR System shall be purged within five (5) days consistent with the City’s 72- Hour Rule (BMC Section 14.36.050).

In no case shall ALPR Read Metadata in the form of license plate data or other PII be transmitted to or stored in the Passport Automatic Occupancy Data Collection System. (c) ALPR Hits
All ALPR Read Images, Metadata, and Hits resulting from ALPR Reads stored locally on Parking Control Officer Vehicle laptops and PocketPEO shall be purged at least nightly.

In no case shall data associated with ALPR Hits be transmitted to or stored in the Genetec ALPR System, or license plate data or other PII included as part of ALPR Read Metadata be transmitted to or stored by the City for Parking Occupancy Analysis, to include the Passport Automatic Occupancy Data Collection System or as City Department records.
(d) Unenforced ALPR Hits
All erroneous and unenforced ALPR Hit data and Read Metadata shall be purged locally at least nightly.
(e) Enforced ALPR Hits
Only ALPR Read Images and Metadata associated with Enforced ALPR Hits shall be downloaded to the Passport Parking Management servers with a minimum retention period of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless

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it has become, or it is reasonable to believe it will become, evidence in a criminal action pursuant to a valid court order, subpoena, or a search warrant or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 1302.5 DATA ACCESS
(a) Only properly trained parking control officers and information technology personnel are allowed access to the Genetec ALPR system or to collect ALPR information. (b) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(c) No ALPR operator may access California Law Enforcement Telecommunications System (CLETS) data unless otherwise authorized to do so. (d) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR Hit.
(e) Police will not take any police action that restricts the freedom of any individual based solely on an ALPR Hit unless it has been validated. (1) Police need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.
(2) Prior to initiation of a stop of a vehicle or other intervention based on an ALPR Hit, Department members shall undertake the following:
(i) Verification of status on State Stolen or Wanted System.

An officer must receive confirmation from a Police Department Communications Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances). (ii) Visual verification of license plate number.

Officers shall visually verify that the license plate of interest matches identically with the ALPR Read Image of the license plate number captured (ALPR Read) by the ALPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding. Department members alerted to the fact that an observed motor vehicle's license plate is entered as an ALPR Hit in a specific State Stolen or Wanted System list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle.

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1302.6 CIVIL LIBERTIES AND RIGHTS PROTECTION:

The Berkeley Police Department is dedicated to the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. The procedures described within this policy (Data Access, Data Protection, Data Retention, Public Access and Third Party Data Sharing) protect against the unauthorized use of ALPR data. These policies ensure the data is not used in a way that would violate or infringe upon anyone's civil rights and/or liberties, including but not limited to impacts that may violate the First and Fourth Amendments and other potentially disparate or adverse impacts on any communities or groups.

The Berkeley Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).

1302.7 PUBLIC ACCESS
(a) Non-law enforcement requests for access to stored ALPR data shall be processed according to the Records Maintenance and Release Policy in accordance with applicable law.
(b) Non-law enforcement requests for information regarding a specific vehicle's license plate may be honored when the requester is the registered owner of the vehicle in question, and when providing such information will not invade the privacy of a third party. The requester in such cases must provide acceptable proof of his or her identity and of ownership of the vehicle in question.
1302.8 THIRD-PARTY DATA-SHARING
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as permitted by this policy. ALPR data is subject to the provisions of BPD Policy 415, and hence may not be shared with federal immigration enforcement officials.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

Aggregated ALPR data not related to specific criminal investigations authorized by a court order, subpoena, or search warrant shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager.

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Third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020 (2) (a).
1302.9 TRAINING AND ALPR ADMINISTRATOR
Training for the operation of ALPR technology shall be provided by BPD personnel. All BPD employees who utilize ALPR technology shall be provided a copy of this Surveillance Use Policy.
(1) The Investigations Division Captain shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(i) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the Genetec ALPR system or to collect ALPR information.

(ii) Ensuring that training requirements are completed for authorized users. The Administrator shall ensure that members receive department-approved training for those authorized to use or access ALPRs (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

(iii) A description of how the Genetec ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.

(iv) Procedures for system operators to maintain records of access in compliance with Civil Code§ 1798.90.52.
(v) The title and name of the current designee in overseeing the ALPR operation. (vi) Ensuring this policy and related procedures are conspicuously posted on the City's website.
1302.10 AUDITING AND OVERSIGHT
Genetec ALPR System audits will be conducted by the Professional Standards Bureau's Audit and Inspections Sergeant pursuant to Municipal Code Section 2.99 on a regular basis, at least biannually.
(1) Any unauthorized access or data breach shall be reported immediately to the City Manager.
(2) The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to Section 2.99, published on the City of Berkeley website in an appropriate location, and retained by PSD.

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1302.11 MAINTENANCE
Any installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Investigations Division Captain. The Investigations Division Captain will assign members under their command to administer the day-to-day operation of the ALPR equipment and data.

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

ACTION CALENDAR
January 25, 2022
(Continued from December 14, 2021)
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
LaTanya Bellow, Interim Deputy City Manager
Subject: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

RECOMMENDATION
Adopt a Resolution accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with adopting the attached resolution.

CURRENT SITUATION AND ITS EFFECTS
On March 27, 2018, the City Council adopted Ordinance 7,592-N.S., adding Chapter 2.99 to the Berkeley Municipal Code, which is also known as the Surveillance Technology Use and Community Safety Ordinance (“Ordinance”). The purpose of the Ordinance is to provide transparency surrounding the use of surveillance technology, as defined by Section 2.99.020 in the Ordinance, and to ensure that decisions surrounding the acquisition and use of surveillance technology consider the impacts that such technology may have on civil rights and civil liberties. Further, the Ordinance requires that the City evaluate all costs associated with the acquisition of surveillance technology and regularly report on their use.

The Ordinance imposes various reporting requirements on the City Manager and staff.

The purpose of this staff report and attached resolution is to satisfy the annual reporting requirement as outlined in Section 2.99.070.

One of the reporting categories of the surveillance technology use is whether complaints have been received by the community about the various technologies. To date Berkeley Police Department Internal Affairs Bureau (IAB) has not received any external personnel complaints surrounding the use of Automatic License Plate Readers,

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Resolution Accepting the Surveillance Technology Report ACTION CALENDAR January 25, 2022
(Continued from December 14, 2021)
GPS Trackers, or Body Worn Cameras. External complaints from community members can be made in writing, via email, in person or via telephone. Complaints can be received with direct communication to Internal Affairs from the complainant and/or be received by any member of the Department and then forwarded through the chain of command. If a community member initiates a complaint against a subject employee and during the investigation it is determined the subject employee violated policy regarding the misuse of technology, an additional complaint is initiated by the Chief of Police.

Community members also have the right to initiate complaints against employees of BPD by reporting directly to the Police Accountability Board (PAB). The Director of Police Accountability notifies the Chief of Police when an investigation into a complaint is initiated by the PAB, which would prompt a parallel IAB investigation.

Attached to this staff report are Surveillance Technology Reports for Automatic License Plater Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project.

BACKGROUND
On March 27, 2018, the City Council adopted Ordinance 7,592-N.S., adding Chapter 2.99 to the Berkeley Municipal Code, which is also known as the Surveillance Technology Use and Community Safety Ordinance. Section 2.99.070 of the Ordinance requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section 2.99.020(2) of the Ordinance at the first regular City Council meeting in November.

For each of the four technologies, the Surveillance Technology Reports were prepared to satisfy the specific, section-by-section requirements of the Ordinance, and are attached to this report.

The Surveillance Technology Use Policy for ALPR technology is still outstanding due Council questions about policy language, scheduling and directed focus during COVID-

19. This item will be returned to the Council agenda in early 2022.

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

RATIONALE FOR RECOMMENDATION
City Council is being requested to adopt the attached resolution for the City to be in compliance with the Ordinance.

ALTERNATIVE ACTIONS CONSIDERED
City Council could decide not to adopt the resolution.

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Resolution Accepting the Surveillance Technology Report ACTION CALENDAR January 25, 2022
(Continued from December 14, 2021)

CONTACT PERSON
LaTanya Bellow, Interim Director of Information Technology (510) 981-6541 Jennifer Louis, Acting Chief of Police, (510) 981-5700
LaTanya Bellow, Interim Deputy City Manager, (510) 981-7012

ATTACHMENTS

1. Resolution

2. Body Worn Cameras
a) Surveillance Technology Report: Body Worn Cameras
b) Retention Schedule

3. Global Positioning System (GPS) Tracking Devices
Surveillance Technology Report

4. Automated License Plate Readers
Surveillance Technology Report: Automated License Plate Readers

5. Street Level Imagery Project
Surveillance Technology Report: Street Level Imagery Project

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

A RESOLUTION ACCEPTING THE SURVEILLANCE TECHNOLOGY REPORT FOR

AUTOMATIC LICENSE PLATE READERS, GPS TRACKERS, BODY WORN

CAMERAS, AND THE STREET LEVEL IMAGERY PROJECT
WHEREAS, on March 27, 2018, the City Council adopted Ordinance 7,592-N.S., which is known as the Surveillance Technology Use and Community Safety Ordinance (“Ordinance”); and
WHEREAS, Section 2.99.070 of the Ordinance requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section

2.99.020(2) of the Ordinance at the first regular City Council meeting in November; and WHEREAS, the Surveillance Technology Reports satisfy the requirements of the Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby accepts the Surveillance Technology Reports for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project.

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Surveillance Technology Report: Body Worn Cameras
October 1, 2020 – Sept. 30, 2021
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Body Worn Cameras are used to capture video recordings of contacts between department personnel and the public, to provide an objective record of these events.

These recording are used in support of criminal prosecutions, to limit civil liability, increase transparency and enhance professionalism and accountability in the delivery of police services to the community. Body Worn Camera (BWC) files are shared with the Alameda County District Attorney’s office in support of prosecution for crime, and may be shared with other law enforcement agencies to support criminal investigations.

Policy regarding activation of the Body Worn Camera BPD Policy 425.7 Members shall activate the BWC as required by this policy in (a)-(f) below, and may activate the BWC at any time the member believes it would be appropriate or valuable to record an incident within the limits of privacy described herein.

The BWC shall be activated in any of the following situations:
(a) All in-person enforcement and investigative contacts including pedestrian stops and field interview (FI) situations.
(b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops.
(c) Self-initiated field contacts in which a member would normally notify the Communications Center.
(d) Any search activity, including the service of search or arrest warrants; probation, parole, or consent searches where the member is seeking evidence of an offense, or conducting a safety sweep or community caretaking sweep of the premises. Once a location has been secured and the member is not interacting with detainees or arrestees, the member may mute their BWC when conducting a search for evidence.
(e) Any other contact that the member determines has become adversarial after the initial contact in a situation where the member would not otherwise activate BWC recording.
(f) Transporting any detained or arrested person and where a member facilitates entry into or out of a vehicle, or any time the member expects to have physical contact with that person.

What data is captured by this technology:

BWC use is limited to enforcement and investigative activities involving members of the public. The BWC recordings will capture video and audio evidence for use in criminal investigations, administrative reviews, training, civil litigation, and other proceedings protected by confidentiality laws and department policy. Improper use or release of BWC

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recordings may compromise ongoing criminal and administrative investigations or violate the privacy rights of those recorded and is prohibited.

How the data is stored:

BWC videos are stored on a secure server. All BWC data will be uploaded and stored on Axon Cloud Services, Evidence.com. Axon complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S.

Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States (collectively, “Privacy Shield”). Axon has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles.

Retention period of data:

See attached retention schedule.

Summary of Body Worn Camera Videos Uploaded Oct. 1, 2020 to Sept. 30, 2021:

Total Number of Videos 62,283
Total Hours of Videos 16,310
Total GB of BWC Videos 29,017
Summary of Digital Evidence Uploaded, Oct. 1, 2020 to Sept. 30, 2021:

Type File Count Size (GBs)
Audio 1,150 11.72
Document 737 2.38
Image 67,672 331.36
Other 1,292 157.71
Video* 67,865 30,086.75
Total 138,716 30,589.92
* Includes all uploaded BWC videos and all other videos booked into the evidence management system. Other videos include iPhone videos uploaded, security camera video, copies of BWC videos (for redaction, etc.), and any other videos.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Body Worn Cameras are worn by all BPD uniformed officers city-wide at all times; BWCs are not deployed based on geographic considerations.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no complaints about the deployment and use of Body Worn Cameras.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

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File meta-data are routinely reviewed by our BWC manager, to ensure required metadata fields are completed. There have been no complaints with regards to violations of the Surveillance Use Policy.

Data Breaches Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to BWC data.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

Body Worn Cameras have proven effective in supporting criminal prosecutions, as video footage is available for all criminal prosecutions. Body Worn Cameras have been effective for training purposes, as footage can be reviewed in incident de-briefs. Body Worn Cameras have been extremely effective in support of Internal Affairs investigations and Use of Force Review.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual cost for the Body Worn Cameras, including cameras, replacement cameras, software, and Axon’s secure digital evidence management system is approximately $204,000 per year over a five-year, $1,218,000 contract. There is one full-time employee assigned to the BWC program, an Applications Programmer Analyst II, at a cost of $168,940 per year, including benefits.

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ATTACHMENT 3

Surveillance Technology Report: Global Positioning System Tracking Devices October 1, 2019 – Sept. 30, 2020
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Global Positioning System Trackers are used to track the movements of vehicles, bicycles, other items, and/or individuals.

What data is captured by this technology:

A GPS Tracker data record consists of date, time, latitude, longitude, map address, and tracker identification label. The data does not contain any images, names of subjects, vehicle information or other identifying information on individuals.

How the data is stored:

The data from the GPS tracker is encrypted by the vendor. The data is only accessible through a secure website to BPD personnel who have been granted security access.

Retention period of data:

Tracker data received from the vendor shall be kept in accordance with applicable laws, BPD policies that do not conflict with applicable law or court order, and/or as specified in a search warrant.

For the date range of 10-01-19 through 09-30-20 the Global Positioning System (GPS) “Electronic Stake Out” (ESO) devices were deployed on “bait” bicycles 52 times, resulting in 34 arrests, 4 eluded capture, 1 person was detained and not arrested, and in 13 deployments the bicycle was not stolen. This program was suspended in mid-March due to the COVID-19 pandemic.

GPS “Slap-N-Track” (SNT) devices were used in three separate investigations during this reporting period:
(1) An investigation of an individual for Sexual Exploitation, Child Pornography, and Distribution of Child Pornography. This suspect currently has a Federal warrant.
(2) An investigation of a serial kidnap rape suspect. The suspect was arrested and charged.
(3) An investigation into multiple suspects involved in a “Rolex” robbery series that involved the cities of Berkeley, Piedmont, and Orinda. Two devices were used on two different suspect vehicles during this investigation. Four suspects from the above cases were arrested and charged for their involvement in these robberies.

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ATTACHMENT 3

Data may be shared with the District Attorney’s Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; other law enforcement personnel as a part of an active criminal investigation; and other third parties, pursuant to a court order.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

GPS ESO-equipped bikes were deployed primarily in commercial districts across the city where bikes are frequently stolen.

GPS SNT devices are deployed with judicial pre-approval, based on suspect location, rather than geographical consideration.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There were no complaints made regarding GPS Trackers.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There were no audits and no known violations relating to GPS Trackers.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There were no known data breaches relating to GPS Trackers.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

GPS Trackers continue to be very effective in apprehending bicycle thieves, many of whom are repeat offenders who’ve committed not only bike thefts, but other crimes as well, such as burglaries, auto burglaries, and vehicle thefts. SNT trackers are effective in that they provide invaluable information on suspect vehicle location during the investigation of complex cases where suspects may be moving around the Bay Area and beyond.

GPS Trackers greatly reduce costs associated with surveillance operations. A bike may be left for days. Surveillance operations generally involve four or more officers for the entire duration of an operation. A moving surveillance is extremely resource-intensive, requiring multiple officers in multiple vehicles for extended periods of time. Using both types of GPS trackers eliminates the need for officers’ immediate presence until officers are ready to apprehend the suspect(s).

The program was suspended in mid-March due to the COVID-19 pandemic. This program will likely resume once the pre-COVID bail schedule is re-established.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

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ATTACHMENT 3

The annual cost for the GPS Trackers’ data service is $1,920. Further information regarding costs is contained in Policy 1301a, the Surveillance Acquisition Report.

There are staff time costs associated with preparing and placing SNT trackers. The investigator must prepare a search warrant and obtain a judge’s approval, and a small number of officers must place the tracker on the suspect’s car. The total number of hours is a fraction of the time it would take to do a full surveillance operation involving numerous officers.

There are staff time costs associated with preparing ESO trackers and placing ESO tracker-equipped bikes for bait bike operations. These are on the order of two-four hours per operation. The total number of hours is extremely small, given the large number of operations, and resulting arrests.

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ATTACHMENT 4

Surveillance Technology Report: Automated License Plate Readers October 1, 2019 – Sept. 30, 2020
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Automated License Plate Readers (ALPRs) are used by Parking Enforcement Bureau vehicles for time zone parking and scofflaw enforcement. The City’s Transportation Division uses anonymized information for purposes of supporting the City’s Go Berkeley parking management program. ALPR use replaced the practice of physically “chalking” tires, which is no longer allowed by the courts.

What data is captured by this technology:

ALPR technology functions by automatically capturing an image of a vehicle's license plate, transforming that image into alphanumeric characters using optical character recognition software, and storing that information, along with relevant metadata (e.g. geo-location and temporal information, as well as data about the ALPR).

How the data is stored:

The data is stored on a secure server by the vendor.

Retention period of data:

Collected images and metadata of hits are stored no more than 365 days. Metadata of reads are not stored more than 30 days.

Summary of ALPR Time Zone Enforcement Data
Read Data
There was an average of 12,059 “Reads” per working day
(Based on one month’s data: 9/1/20/-9/30/20)
Hit Data
There were 44,068 “Hits”
14, 945 “Enforced Hits” resulted in citation issuance.
2,569 “Not Enforced” valid, enforceable hits resulted in no citation issued, based on PEO discretion.
26,554 Hits were not acted upon for a variety to reasons including but not limited to:
1) Customer comes out to move a vehicle. PEO’s are directed not to issue that citation.
2) Officer gets to the dashboard and sees a permit not visible from a previous location.
3) Officer does a vehicle evaluation and confirms that the vehicle moved from the hit location (e.g. across the street within GPS range). 4) Stolen car.
5) Similar Plates.
6) 600-700 GIG cars- 100 revel scooters.

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ATTACHMENT 4

7) Officers leave their LPR “on” collecting time zone enforcement data, but leave the area being enforced to drive to another location on another assignment, such as a traffic post at a collision scene. These hits are not enforced.

Genetec is the vendor for the ALPR Time Zone enforcement system. A “read” indicates the ALPR system successfully read a license plate. The information that is generated when a plate is viewed by the ALPR camera is the license plate number, state and geographical (GPS) location it was viewed. A “hit” indicates the ALPR system detected a possible violation, which prompts the Parking Enforcement Officer to further assess the vehicle. At “hit” is when the “read” information is recognized as a license plate that matches, or does not match an entry in a list such as permit list or the stolen vehicle “hot list”. In many cases, hits are “rejected” or “not enforced”, meaning no enforcement action is taken, because the Parking Enforcement Officer determines the vehicle has an appropriate placard or permit, or there is other information or assignment which precludes citation.

Summary of ALPR Booting Scofflaw Enforcement Data
0 vehicles booted from 10/1/19-9/23/20.

The Berkeley Police Department no longer maintains the ALPR Booting Scofflaw Enforcement Program. The contract to provide this service became cost prohibitive and the city opted not to renew the contract with the vendor. The city returned to having each PEO working a beat again become responsible for recognizing when a license plate has accumulated five or more unpaid parking tickets.

All BPD ALPR data may only be shared with other law enforcement or prosecutorial agencies for official law enforcement purposes, or as otherwise permitted by law. All ALPR data is subject to the provisions of BPD Policy 415 - Immigration Law, and therefore may not be shared with federal immigration enforcement officials.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Only Parking Enforcement Vehicles are equipped with ALPRs. ALPRs are deployed based on areas where there are parking time restrictions. ALPRs are not deployed based on geographic considerations not related to parking and scofflaw enforcement.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no complaints about to the deployment and use of Automated License Plate Readers.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There have been no complaints of violations of the ALPR Surveillance Use Policy.

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ATTACHMENT 4

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to Automated License Plate Reader data.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

ALPRs have proven effective in parking enforcement for time zone enforcement; the prior utilization of manually chalking car tires for time zone enforcement has been disallowed by court decision.

ALPRs have proven effective in supporting enforcement upon vehicles which have five or more unpaid citations. The ALPR’s ability to read and check license plates while being driven greatly increases efficiency, allowing an operator to cover larger areas more quickly without having to stop except to confirm a hit.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual system maintenance cost for Genetec is $47,000. This cost is borne by the Transportation Division, which also purchased the ALPR units used in Time Zone Enforcement.

Two new Genetec ALPR units were purchased during the period covered by this report.

The two new units were purchased in order to equip the final two parking vehicles that did not have ALPR units attached to them.

Genetec ALPR units are installed on 23 Parking Enforcement vehicles. Parking Enforcement personnel perform a variety of parking enforcement activities, and are not limited solely to time zone enforcement. Therefore, personnel costs specifically attributable to time zone enforcement are not tracked.

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ATTACHMENT 5

Surveillance Technology Report:

Street Level Imagery Project
Description
A description of all non-privileged and non-confidential information about the use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report will include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Street level imagery will be utilized exclusively by authorized City staff for infrastructure asset management and planning activities. The street level imagery of City infrastructure assets in the Public Right of Way that is provided to the City will not consist of information that is capable of being associated with any individual or group.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Street level imagery was collected by driving through the entire community over a three week period. It is accessible to the City through a proprietary third-party application, Street SmartTM.

Complaints
A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no complaints about the deployment and use of Street SmartTM.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There have been no complaints with regards to violations of the Surveillance Use Policy.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to Cyclomedia Street Level Imagery data.

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ATTACHMENT 5

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ATTACHMENT 5

Effectiveness
Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

Staff considered hiring contractors to use GPS in the field to create and update the infrastructure asset GIS data. This method is costly and time consuming.

Cyclomedia’s unique and patented processing techniques allow positionally- accurate GIS data to be collected in a cost-effective way and over a shorter period of time than a “boots on the ground” GPS field survey.

The Imagery is being used to extract the following Citywide Infrastructure assets to create accurate and current Geographic Information Systems (GIS) data inventories:
• Bus pads / stops • Pavement marking • Maintenance Access Holes • Storm drains • Pavement Striping • Signs • Curb paint color • Street trees • Parking meters • Traffic lights • Pedestrian Signal
The street level imagery captured is also being used to:

Create a street sign GIS layer with condition assessment to support compliance with the Manual on Uniform Traffic Control Devices Code and provide an accurate inventory of City signs. The existing sign inventory is contained in a spreadsheet that does not have accurate location data.

Create a curb color layer with condition assessment to indicate where there are red, yellow, blue, white and green colors. This is critical to support Public Safety.

Create pavement striping and paint symbol layers to support Transportation Planning and Vision Zero.

Benefits Projected:

The data from the street level imagery is being integrated into the City’s work order and asset management system for planning activities and to document repair and maintenance.

Planners can use the street level imagery provided to the City to take measurements remotely, such as sidewalk width and public right of way impacts at proposed development locations.

City staff can use the street level imagery to plan the location of road markings for pedestrian crossings, bike lanes or other striping.

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ATTACHMENT 5

City staff can remotely take accurate measurements of infrastructure assets to adequately plan for repair and replacement.

City staff can use the street level imagery to enhance community engagement.

The street level imagery can be used to identify and depict the impact of development such as an intersection restriping plan in order to article before and after conditions.

Costs
Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The total cost of the system is $232,401 and is itemized below.

Year
No. Description Cost Notes
1 Licenses $48,000 Resolution No: 69,482-N.S. 30JUN20
1 Professional Services
for asset extraction $139,401 Resolution No: 69,482-N.S. 30JUN20 2 Licenses and Support –
One-Time $45,000
Pending Council approval after imagery
and data extraction work is completed
Licensing Costs included in IT Cost
allocation
3 License and Support –
Ongoing Annual Costs $3,000
Pending Council approval after imagery
and data extraction work is completed
Licensing Costs included in IT Cost
allocation
Total Year 1-3 $235,401

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

ACTION CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Paul Buddenhagen, Deputy City Manager
Subject: COVID-19 Response 2021 Summary Report

INTRODUCTION
This report provides an update on the City’s COVID-19 pandemic response efforts for the period from October 2020 through October 2021. It builds upon a previous report covering the first nine months of the pandemic.

CURRENT SITUATION AND ITS EFFECTS
To continue to document and communicate the City’s response to COVID-19, staff compiled the attached summary report. The attached report contains a detailed update on the City’s response to COVID-19 from October 2020 through October 2021.

Documenting the City’s response supports transparency and helps identify and codify key lessons learned that will help Berkeley remain a resilient, safe, connected, and prepared city—a Strategic Plan goal.

BACKGROUND
The COVID-19 Response 2020 Summary Report1 was presented to Council on October 27, 2020 and covered the period from the initial activation of the Emergency Operations Center (EOC) in January 2020 through September 2020. As part of the 2020 Summary Report, the City Manager also responded to a Short-term Referral, “Lessons Learned in Organizational Management During Crisis”.2
From the beginning of 2020, the City has been working to respond to the COVID-19 pandemic. These efforts ramped up significantly in March 2020, when the City issued its first Shelter-In-Place Order to address the community spread of COVID-19 and fully activated the EOC. The initial mobilization of staff involved over 550 employees from every department, including the City Auditor’s Office, the Library, and the Rent Stabilization Board. Over time, the number of staff directly involved in emergency operations has varied with need, but to date the EOC remains active. Key areas of the 1 https://www.cityofberkeley.info/Clerk/City_Council/2020/10_Oct/City_Council__10-27-2020_- _Regular_Meeting_Agenda.aspx
2 https://www.cityofberkeley.info/Clerk/City_Council/2020/06_June/Documents/2020-06- 16_Item_24_Lessons_Learned_in_Organizational.aspx

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COVID-19 Response 2021 Summary Report ACTION CALENDAR
January 25, 2022

City’s response to COVID-19 in the period from October 2020 through October 2021, included:
 COVID-19 testing,
 COVID-19 vaccines,
 Work with vulnerable populations,
 Disease containment,
 Supporting schools and childcare centers,
 Public information and outreach,
 Community support, and
 Cost recovery.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The COVID-19 Response 2021 Summary Report was created and distributed electronically, avoiding waste associated with paper use.

POSSIBLE FUTURE ACTION
City Council may direct staff to develop another update on COVID-19 response, as time progresses. It is uncertain how long the COVID-19 pandemic will require an active response from the City. Staff are planning for some response activities continuing through 2022, and eventually being absorbed into daily department operations. The bulk of ongoing pandemic related response, even after the EOC is demobilized, will be led by the new COVID-19 Response Unit in the Department of Health, Housing and Community Services. This unit is discussed further in the attached report.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
The City would need to identify additional sources of funding if the pandemic requires response activities beyond those covered by the grants funding the new COVID-19 Response Unit.

CONTACT PERSON
Paul Buddenhagen, Deputy City Manager, City Manager’s Office, 510-981-7014 Attachments:
1: COVID-19 Response 2021 Summary Report

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COVID-19

RESPONSE
2021 Summary Report
Janua
ry 2022 | Prepared by the Emergency Operations Center

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2 TABLE OF CONTENTS
INTRODUCTION ________________________________________________4 Report Dedication _________________________________________________________4 BERKELEY RESPONDS __________________________________________7 Overview ________________________________________________________________7 Major Themes of the Response ______________________________________________8 COVID-19 Testing _______________________________________________________9 COVID-19 Vaccines_____________________________________________________12 Work with Vulnerable Populations __________________________________________19 Disease Containment ___________________________________________________23 Supporting Schools and Childcare Centers___________________________________25 Public Information and Outreach ___________________________________________28 Community Support _____________________________________________________32 Cost Recovery _________________________________________________________35 Organizational Impacts ____________________________________________________38 City Attorney __________________________________________________________41 City Auditor ___________________________________________________________44 City Clerk _____________________________________________________________45 City Manager’s Office____________________________________________________47 Finance ______________________________________________________________54 Fire__________________________________________________________________57 Health, Housing and Community Services ___________________________________59 Human Resources ______________________________________________________60 Information Technology __________________________________________________62 Library _______________________________________________________________65 Parks, Recreation and Waterfront __________________________________________68 Planning and Development _______________________________________________70 Police ________________________________________________________________71 Public Works __________________________________________________________72 Rent Stabilization Board _________________________________________________73 BERKELEY MOVES FORWARD___________________________________75 APPENDIX: POEMS OF THE EOC _________________________________77

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4 INTRODUCTION
In October 2020 the City of Berkeley provided a summary report describing its response to COVID-19 from January 2020 through September 2020. The COVID-19 pandemic and the City’s response continues to date. This report provides an update on the City’s pandemic response from October 2020 through October 2021.

The previous summary report included background and contextual information (e.g., emergency operations, impacts of the pandemic on organization, etc.) This report picks up where the initial report left off, focusing on major themes of the City’s response since fall 2020:
 COVID-19 Testing,
 COVID-19 Vaccines,
 Work with Vulnerable Populations,
 Disease Containment,
 Supporting Schools and Childcare Centers,
 Public Information and Outreach,
 Community Support,
 Rental Housing Support, and
 Cost Recovery.

Most of these major themes were initially reported on in 2020 and continue to be important elements of the City’s response in 2021. Similar to the initial summary report, this report also explores lessons learned by the organization during our response to this pandemic.

Report Dedication
I would like to extend my gratitude, for early and ongoing support throughout this pandemic, to our City Council -- positions show below from reporting period:

Mayor Jesse Arreguín
Vice Mayor Lori Droste, District 8
Rashi Kesarwani, District 1
Terry Taplin, District 2
Ben Bartlett, District 3
Kate Harrison, District 4

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5 Sophie Hahn, District 5
Susan Wengraf, District 6
Rigel Robinson, District 7
Berkeley’s City Council has provided tremendous vision and leadership from the beginning of the emergency, including supporting residential and commercial tenants, amplifying communications to Berkeley residents and providing financial support to struggling local businesses. Additionally, I am grateful for the continued sacrifice, flexibility, and hard work of our City staff. We are all struggling to recover from the collective trauma brought by this extended and extraordinary emergency. Despite our current Omicron surge, our community’s high vaccination rate and steadfast commitment to following safety protocols and science bodes well, and I have hope that we will emerge stronger from this crisis before too much longer. Although COVID-19 is likely to be with us going forward, our City has shown its resilience as we learn together how to safely live alongside this virus.

Throughout the past two years, first responders and essential service workers have continued their work, from the beginning of the pandemic when scientists were still working to understand the virus, throughout the shelter-in-place, and when COVID-19 surged in winter of 2020. Police officers and firefighters have continued to respond to calls to keep our community safe. Essential service workers maintained our infrastructure, our facilities, and collected our refuse and recycling. Even more City staff put aside their normal duties to work in new jobs in unfamiliar environments in support of the Emergency Operations Center’s pandemic response. Additionally, staff from every corner of the city continued to work to keep moving on council priorities. Lastly, I would like to thank all of the staff, generous volunteers and people of Berkeley who gave their time and resources to keep our community safe by:
– maintaining accessible testing services,
– rolling out the COVID-19 vaccine in Berkeley,
– delivering meals and COVID-19 vaccine to our most vulnerable community members, including seniors in their homes and others living in shelters and encampments, – slowing COVID-19’s spread by contacting individuals who have tested positive for COVID-19 and providing them with education and support so they could isolate safely.

Dee Williams-Ridley
City Manager

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6 January 20, 2021

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7 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG

BERKELEY RESPONDS
Overview
The City has been responding to the COVID-19 pandemic for more than two years. This section of the report highlights some of the ongoing work from fall of 2020 through the present day. The below timeline provides data that drove key decisions and milestones described in the following sections. The timeline depicts Berkeley’s cumulative confirmed cases for the last day and percent positive tests1 for the last week of each month.2 In other words, the timeline shows:
 how the number of overall cases grew month-by-month (i.e., from 797 in October 2020 to 4,571 in August 2021), and
 how the percentage of positive COVID tests varied each month of the year.

This graphic illustrates the surge in winter 2020, when cases increased significantly and many more COVID tests were positive.
1 Percent positive helps us understand how widespread COVID is in our community, as well as whether our testing is aligned with the level of transmission.
2 Case counts and percent positive test information from https://www.cityofberkeley.info/covid19-data/; source material https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/CalREDIE.aspx, https://data.cityofberkeley.info/Health/COVID-19-Confirmed-Cases/xn6j-b766, and https://data.cityofberkeley.info/Health/COVID-19-All-Tests-Resulted-Weekly/mc9x-5kpz. 797 1,183 1,906 2,712 3,279 3,573 3,630 3,672 4,012 4,571 COVID-19 Cases & T
est Positivity
October 2020 - August 2021

0.6% 1.9%

4.9% 2.6% 0.3% 0.4% 0.3% 0.1% 0.8% 2.7% 0.9%
Cumulative Confirmed Cases
Percent Positive Tests

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8 Major Themes of the Response
In October 2020, the City was nearly a full year into its response to the pandemic. As the City’s COVID-19 response continued from October 2020 through October 2021, staff from every department, including the City Auditor’s Office, the Library and the Rent Stabilization Board, continued their work to address and help mitigate the myriad impacts of the COVID-19 pandemic to public health and safety, our small businesses and economy, our schools, and our social well-being. Some particular efforts stand out as major themes of this second year of the response:
• COVID-19 Testing,
• COVID-19 Vaccines,
• Work with Vulnerable Populations,
• Disease Containment,
• School and Childcare Support,
• Public Information and Outreach,
• Community Support,
• and
• Cost Recovery.

The work, of course, goes beyond these major themes. It is ongoing and will continue.

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9 COVID-19 Testing
Overview
As the pandemic entered into its second year, COVID-19 testing continued to be an important tool to constrain disease spread so that schools, businesses and indoor public spaces could remain open. The City continued its work to ensure that reliable COVID-19 testing with fast results was widely available and has worked diligently to maintain equitable testing availability. To further integrate COVID-19 response activities into daily operations, the Department of Health, Housing, and Community Services (HHCS) hired additional staff members to work on COVID-19 testing and vaccine operations full time. These staff started in summer 2021 and will continue to implement these COVID-19 response activities even after the Emergency Operations Center (EOC)3 demobilizes.

Key Activities & Decisions
• Entering into new agreement with Curative, Inc., testing all essential workers, particularly as schools reopened.
• Transitioning Curative, Inc. testing location from North Berkeley Bay Area Rapid Transit (BART) to a semi-permanent kiosk at Berkeley Adult School. • Conducting testing at outdoor encampments, via Lifelong Medical. • Creating a testing team for schools, consisting of public health officials and Berkeley Unified School District (BUSD) nurses, to support return to in- person instruction.
• Expanding operations at Optum testing site at Martin Luther King Jr. Youth Services Center/Young Adult Project (YAP) from 165 to 330 tests per day. • Soliciting the State for a testing bus, in close coordination with Alameda County. This semi-mobile option could be deployed to pre-planned locations and had capacity to test 500+ people daily.
• Supporting Berkeley schools with the establishment of on-campus testing programs by: providing information and resources, sharing lists of 3 The Emergency Operations Center (EOC) is a coordination and support structure helping City departments during an emergency by providing a flexible organization structure to adapt to quickly changing needs, supporting decision-making and resource management, and collecting, analyzing, and disseminating information.

OCT 2020
NOV 2020
DEC 2020-
JAN 2021

223
10 recommended testing providers and hosting an introductory workshop for interested schools to explore a testing partnership with Curative. • Preparing for and then launching mobile testing bus operations, through OptumServ partnership with the State. Initial locations included Allston Way, Harold Way, Meyer Sound, and Berkeley Bowl & Berkeley Bowl West. • Averaging 1,000 daily tests conducted in Berkeley.
• Establishing North County/Berkeley testing schedule, which included Safer Ground4 sites and a variety of mobile bus testing sites. • Decreasing Curative site operations from six to five days per week. • Multicultural Institute, Bay Area Community Services (BACS), Dorothy Day House increasing their testing capacity as independent sites by using self- administered Color Lab tests.
• Planning for Optum testing site change from the Martin Luther King Jr. Youth Services Center to the West Berkeley Service Center.
• Onboarding new HHCS staff to manage Berkeley’s COVID-19 testing efforts through HHCS’s COVID-19 Phase II Response Structure.
• Expanding Optum site operating hours to 12 hours per day, five days per week to meet increased demand due to the Delta variant. • Recruiting and activating additional disaster service workers (DSW) from Parks, Recreation and Waterfront into the Emergency Operations Center to support expanded hours of operation at the Optum test site. • Coordinating with Alameda County to allocate 10,000 rapid test kits to BUSD.
4 Safer Ground is part of Project Roomkey, a statewide program to secure hotel rooms to provide isolation housing for those experiencing homelessness. In Alameda County, Project Roomkey consists of two programs:

Operation Comfort (serving those who are homeless and have been exposed to, are experiencing symptoms of, or have COVID-19) and Operation Safer Ground (serving those who are homeless and over 65 years old or otherwise at high risk for COVID-19).

FEB-APR
2021

JUL-AUG
2021

MAY-JUN
2021

224
11 • Expanding Optum testing buses’ operating hours to 7:00 a.m.-7:00 p.m. • Working with the State to activate the California Department of Public Health (CDPH) strike team to respond to a COVID-19 outbreak at a shelter. This team has since responded to five shelters.
• Assisting shelters with registration for Color self-testing. Shelters included:

Berkeley Food and Housing Project, Building Opportunities for Self- Sufficiency (BOSS) Shelters, and Abode Rodeway Inn.
• CDPH announced extending contract with LHI/Optum through October 2022.

This extends the operations of the LHI/Optum test site at West Berkeley Service Center.
• Renewing contract to continue testing at the Berkeley Adult School through January 2022.

SEPT
2021
OCT 2021

225
12 COVID-19 Vaccines
Overview
COVID-19 vaccine rollout began in the fall of 2020. At first, vaccines were difficult to get and supply was limited. Staff in the EOC worked incredibly rapidly to partner with Curative to stand up the first mass vaccination site in the East Bay. Additionally, staff worked hard to make sure that vaccines were equitably available through multiple strategies. Vaccination was tremendously complex—initial vaccines had cold-storage requirements with little flexibility.

Vaccines had to be delivered in a two-dose regimen, which required scheduling follow-up shots at precise time intervals that were different for each vaccine. Along with this, vaccines had to be administered per CDPH’s eligibility phases. As a result, the City’s initial vaccine distribution was conducted through closed points of dispensing (i.e., vaccine clinics which are only opened to a target population).

As eligibility for the COVID-19 vaccine has continued to expand, Berkeley’s vaccine rollout continues to be guided by the City’s data-driven equity framework. By late spring 2021, vaccine became widely available. In summer 2021, HHCS hired two additional staff members to continue to manage and coordinate the City’s vaccination rollout, with a key focus on providing vaccine to vulnerable populations, as well as preparing for boosters and pediatric authorization of vaccine.

As of October 31, 2021, Berkeley has a particularly high average vaccination rate, with 89% percent of residents aged 12 and older vaccinated. Vaccination has become one of the most important and effective ways to prevent COVID-19 spread, hospitalization, and death.

Key Activities & Decisions
• Pre-planning to develop equity goals and receive, track, and administer COVID-19 vaccine when available.
• Coordinating with the State on vaccine rollout.
• Purchasing vaccine point of dispensing (POD) supplies.

OCT 2020
10,000+ doses of COVID-
19 vaccine administered
through mobile clinics.
25 different mobile clinic
sites, with some repeat
locations
50+ DSWs activated to
support the COVID-19
vaccine rollout

226
13 • Addressing citywide preparedness for vaccine which includes determining POD location, layout and traffic flow (foot versus car), supplies for PODs, and creating materials to provide just in time training to staff. • Creating and submitting a Berkeley Vaccination Plan using the required CDPH template.
• Creating an External Partner Taskforce with healthcare partners and other sector stakeholders to coordinate all aspects of the state vaccine rollout including providing logistics and clinical guidance for providers as well as identifying considerations for mass vaccine administration. • Staffing a COVID-19 Vaccine Management and Cold Chain5 Coordinator position to support the vaccine distribution efforts.
• Registering for the State’s vaccine management platform (COVIDReadi) and inviting CDPH-approved COVID Vaccine Providers to participate in the vaccine allocation system.
• Finalizing back-up generator location for Ultra Low Temp (ULT) Freezer for COVID-19 vaccine cold chain storage in partnership with the Public Works Department.
• Demonstrating storage capacity and providing plans to the California Department of Public Health (CDPH) to ensure that Berkeley would receive vaccine from the State.
• Purchasing COVax ULT Freezer to ensure capacity for vaccine cold chain storage.
• Finalizing plans with First Responder staff for COVID Vaccine Closed POD Site.
• Activating DSWs, and providing just in time training to staff who will be working and administering vaccine at the first COVID-19 vaccination POD at the Center St. Garage.
• Training staff to use the mandatory state vaccine allocation systems for tracking and administering vaccine including COVIDReadi, MyTurn, JotForm, and the California Immunization Registry (CAIR). 5 Some vaccines require ultra-cold storage. Per the Centers for Disease Control (CDC), “A cold chain is a temperature-controlled supply chain that includes all vaccine-related equipment and procedures.” https://www.cdc.gov/vaccines/hcp/admin/storage/toolkit/storage-handling-toolkit.pdf NOV 2020
DEC 2020

227
14 • Administering Berkeley’s first COVID-19 vaccine doses on December 28, 2020, to Berkeley medical providers.
• Administering over 1,000 first doses of Moderna vaccine through appointment-only, closed PODs as part of Phase 1a vaccine rollout (for frontline healthcare workers and those working in clinical settings). • Deploying first mobile clinic to provide vaccinations onsite at a local dialysis clinic.
• Partnering with Safeway and One Medical to support Phase 1b vaccine rollout (for people age 75 and older).
• Developing a Vaccine FAQ (frequently asked questions) resource. • Planning vaccine distribution with CalVax-approved community healthcare providers.
• Coordinating with local nonprofit BANANAS to provide vaccine information to family daycare providers.
• Shifting from drive-through closed POD at Center Street Garage to walk-up closed POD clinic at 830 University to provide a more positive clinic experience for patients and staff. Patients who visited the clinic at the end of January were receiving their second doses from first doses in December. • Coordinating with CDPH regarding the pharmacy partnership program, a CDC-facilitated program to use local Walgreens and CVS pharmacies to provide onsite vaccinations at skilled nursing facilities. • Worked with skilled nursing facilities to fill any vaccination gaps left by the federal pharmacy partnership program in collaboration with Alameda County. The federal pharmacy partnership program was a CDC-facilitated program in collaboration with Walgreens and CVS to vaccinate skilled nursing facility patients and staff. The City had worked closely with Alameda County to ensure all SNF patients and staff were vaccinated through a mobile vaccine clinic, especially if they didn’t sign up for the federal program. • Pre-planning to operate a mass vaccination site at Golden Gate Fields in Albany, California.
• Opening and operating Alameda County’s first mass vaccination site at Golden Gate Fields with capacity for 1,000+ vaccinations/day. Continuing JAN 2021
FEB 2021

228
15 logistical work (e.g., volunteer staffing, second dose appointments, and general communication flow).
• Opening the West Berkeley Service Center in partnership with Safeway to provide 300 doses of COVID-19 vaccine per day. This clinic vaccinated 600 community members who were 65+.
• Working with the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) to administer 1,000 doses of COVID-19 vaccine at the Ed Roberts Campus in South Berkeley.

This location was chosen as a partnership between the Center for Independent Living, FEMA, Cal OES, and Alameda County to bring the COVID-19 vaccine directly to more vulnerable community members. • Piloting a mobile COVID-19 vaccine clinic behind the Ann Chandler Public Health Clinic at 830 University. This pilot would serve as the mobile clinic model for upcoming mobile clinics at shelters and Safer Ground sites. • Scheduling mobile vaccine clinics at shelters and Safer Ground sites. • Completing City-facilitated second dose clinics at the Ann Chandler Public Health Clinic (830 University Avenue) for individuals who received their first doses in late January and early February.
• Pre-planning for Johnson & Johnson vaccine rollout; this vaccine, in contrast to Moderna and Pfizer vaccines, has a longer shelf-life, requires less refrigeration, and is only one dose.
• Pre-planning to provide vaccines at low-income and senior apartment complexes in Berkeley. This included conducting outreach with Meals-On- Wheels recipients as well as staff at senior apartment complexes to gather information about vaccination rates. This information was used to determine the most effective mobile clinic operation, including potential second dose needs.
• Coordinating with and assisting BUSD leadership with booking vaccination appointments for teachers and personnel, which was a key part of the broader initiative to reopen Berkeley schools.

MAR 2021

229
16 • Administering vaccinations to residents and staff at respite6 sites. • Focusing mobile clinics on an equity approach, serving unhoused and vulnerable populations at:
o People’s Park (through Lifelong Medical),
o Harrison Street,
o Dorothy Day House,
o Ann Chandler Public Health Clinic (830 University Avenue), o Oregon Park Apartments,
o Ebenezer Baptist Church,
o Rodeway Inn,
o U.S. Renal Care,
o BOSS,
o Pathways STAIR Center,
o 2nd Street and Page Street, and
o Berkeley Food and Housing Project (Dwight Way).
• Signing a memorandum of understanding (MOU) with Blue Shield, a third- party administrator, to facilitate vaccine allocation.
• Maintaining daily/ongoing static vaccination clinics at Bayer Corporation in partnership with Safeway, and Curative at Golden Gate Fields. • Facilitating second dose clinics in partnership with Safeway at West Berkeley Service Center as well as the Ed Roberts Campus in partnership with FEMA/Cal OES.
• Operating equity-focused mobile vaccination clinics at sites including:
o Meyer Sound (off Ashby Avenue),
o Mount Zion Baptist Church,
o Ashby Lumber,
o Multi-Cultural Institute,
o Resources for Community Development (RCD) affordable housing, and
o BOSS/Harrison House.
6 A respite site is a place where people needing to isolate or quarantine can go and be in a non-congregate setting. Initially this was explored for first responders as well as those living in congregate settings and the unhoused.

APR 2021

230
17 • Identifying equity gaps in vaccine rollout using epidemiological data, such as COVID-19 case rates and vaccination rates in census tracts. Visualizing these data sets in maps helped refine targeted areas for additional vaccine services.

• Increasing vaccine access to community members by providing drop-in vaccine appointments at Bayer and Golden Gate Fields.
• Facilitating a mobile clinic with McGee Baptist Church. • Working with the State to get approvals for a new vaccine provider (Carbon Health) to begin administering COVID-19 vaccine at neighborhood locations. • Beginning mobile clinics through Carbon Health in Berkeley on Tuesday, May 11.
• Conducting in-home vaccinations for homebound community members. • Coordinating with BUSD to pre-plan vaccine delivery for teenagers. Began to administer vaccine to teenagers once the authorizations from federal and state agencies were finalized. Over the first week of this authorization, over 3,000 12 to 15 year olds received their first dose.
• Temporarily demobilizing the mass vaccination site at Bayer. 2,000+ people were vaccinated at the site. The City of Berkeley, Bayer, and Safeway agreed to reactivate the site if there was enough demand or further vaccine eligibility.
• 67 percent of Berkeley residents age 16 and older are fully vaccinated. • Planning to relocate Golden Gate Fields vaccine operations to Berkeley Adult School. Nearly 100,000 doses were delivered through the City’s mass vaccination site at Golden Gate fields.
• Presenting to Berkeley Youth Commission on vaccines.
• Providing second dose appointments for middle school students. • Creating new COVID-19 Unit in Department of Health, Housing, and Community Services (HHCS), to coordinate vaccine and testing efforts. • Beginning to onboard new HHCS staff to manage COVID-19 vaccine efforts through HHCS’s COVID-19 Phase II Response Structure. This response structure will continue to coordinate COVID-19 key response activities even after the EOC activation demobilizes.

MAY 2021
JUN 2021

231
18 • 61 percent of participants and 77 percent of staff and volunteers at shelters in Berkeley are fully vaccinated.
• Holding vaccine clinics at Longfellow Middle School, behind City Hall, and at La Peña Cultural Center.
• Working with Berkeley City College to set up vaccine clinic. First vaccine clinic taking place at Berkeley City College on August 24. • Curative concludes its vaccine operations at the Berkeley Adult School.

From June 27-July 31, Curative administered 677 doses of COVID-19 vaccine.
• Pre-planning for administration of boosters.
• Pre-planning for vaccination of children age 5-11.
• Ann Chandler Public Health Clinic begins administering COVID-19 vaccine as a part of the broader HHCS Immunization Program.
• Continuing planning for school-based clinics ahead of the Pfizer vaccine authorization for children ages 5-11.
• Managing logistics for neighborhood-based clinics, including behind City Hall and a clinic on Adeline Street.
• Reporting City of Berkeley’s vaccination rate for residents 12 years or older is 95%, or 103,766 individuals fully vaccinated. Engaging with community- based partners to reach unvaccinated residents through education and outreach efforts.
• Restarting the drive-up clinic at Bayer Corporation, in partnership with Safeway, to provide community vaccinations. Safeway administered 176 doses.
• Preparing for pediatric vaccine rollout once the vaccine is authorized for 5-11 year old residents.

SEPT 2021

JUL-AUG
2021
OCT 2021

232
19 Work with Vulnerable Populations
Overview
With many unknowns about COVID-19, the public health response continued to focus on strategies to limit COVID-19 transmission, particularly in our most vulnerable populations. Our most vulnerable populations included people who are unhoused and/or who live in “congregate” settings, such as long-term care facilities, skilled nursing facilities, or shelters.

Our goal was to prevent and mitigate the spread of disease using a multi-layered approach.

The City created accessible COVID-19
vaccination opportunities through Berkeley,
Alameda County, and Federal partners, including
mobile clinics targeted to vulnerable populations.

Additionally, the City continued to:
• Provide protective supplies such as
sanitizer and personal protective
equipment (PPE).
• Provide education around Health Officer orders and public health guidelines. • Make COVID-19 testing available.
• Respond to outbreaks in congregate settings during the 2020 winter surge and beyond.

Support to vulnerable populations also has included providing respite spaces for individuals who are at risk of contracting severe illness through City and County programs. This work happened through regular coordination meetings with multiple partners including Berkeley shelter providers, transitional program operators, and Alameda County.

Key Activities & Decisions
• Collaborating with Dorothy Day House to open a clean air emergency shelter at Old City Hall with appropriate COVID-19 procedures during a sustained poor air quality index (AQI) event.
• Holding flu shot clinics at Berkeley shelters and a drive-through flu shot clinic for Berkeley seniors. Flu prevention is especially important during the OCT 2020
Outreach Team Supply Distribution
Since October 2020, Berkeley outreach
teams have distributed:
 13,042 masks
 10,660 meals via Double Helping Hands
 7,403 pairs of gloves
 2,923 hand sanitizer bottles
 512 packages of disinfectant wipes

233
20 COVID-19 pandemic, as it reduces impacts on healthcare systems during traditional flu season (October through April).
• Shelters: Maintaining 24/7 operations and COVID-19 protocols at Berkeley shelters (continued through June 2021). 24/7 operations helped to provide safe spaces for unhoused people during the day, as many public spaces were closed due to the pandemic. 24/7 operations also reduced COVID spread by eliminating concentrated mixing of people typically seen in a nighttime-only shelter operation.
• Providing 450 meals to encampments each week (continued through May 2021).
• Safer Ground: Transitioning COVID-vulnerable residents of Safer Ground hotels to permanent housing resources, as County-committed funding ended at the end of calendar year 2020.
• Shelters: Opened winter shelter operations at Old City Hall, expanding operating hours to 24/7. Winter shelter operations shifted from an inclement weather shelter model (approximately 45 nights/year) to 24/7 operations for 137 full days through April 15, 2021.
• Managing outbreak in large congregate setting with approximately 300 positive cases. Coordinating closely with CDPH and Alameda County. • Safer Ground: The Safer Ground site at the Quality Inn closes at the end of December 2020. Safer Ground participants who were not housed by this point were transferred from the Quality Inn to the Rodeway Inn to continue in the program.
• Respite Sites: Moving two recreational vehicles (RVs) from 1281 University Avenue to 701 Harrison Street to decompress the University Avenue site’s small lot. This shift resulted in 6 RVs at 1281 University Avenue and 12 at 701 Harrison Street.
• Safer Ground: Continuing to work with Rodeway Inn participants to find permanent housing.
• Respite Sites: Supporting additional electricity installation at 701 Harrison Street site.

NOV 2020
DEC 2020
JAN 2021

234
21 • Strategizing approach for vaccines with the unhoused population. • Safer Ground: County Rodeway Inn contract is extended until June 2021, allowing for continued operations.
• Distributing blankets, beanies, and gloves.
• Respite Sites: Connecting 5 trailers to power source at 701 Harrison Street; increasing water accessibility at both sites; working on new referrals to fill vacancies at 701 Harrison Street.
• Developing and piloting plan to vaccinate people who are homebound. • Completing encampment vaccinations, through Lifelong Medical. • From October 2020 to April 2021, outreach teams distributed 10,660 Double Helping Hands meals.
• Safer Ground: Continuing to move Rodeway Inn participants into permanent housing before County contract ends on June 30, 2021.
• Safer Ground: Exiting last person from use of Rodeway Inn under County program in partnership with Berkeley Food and Housing Project; preparing for new program at Rodeway Inn to be operated by Abode Services. • Respite Sites: Occupancy levels remain at or near program capacity; since October 1, 2020, 12 additional people have participated in the program. • Safer Ground: Safer Ground at the Rodeway Inn reopens on July 9 with operations managed by Abode Services. Participants referred by Operation Dignity and Lifelong Medical Street Health Teams.
• Shelters: Making determination to continue 24/7 operations at shelters via BOSS, Berkeley Food and Housing Project, Dorothy Day House, and YEAH! through September 30 2021; participating in a training with Berkeley shelters informing them of COVID-19 Delta variant and the need to maintain COVID- 19 protocols.
• Distributing PPE, supplies, and water to unhoused Berkeley residents.

FEB 2021

MAR-APR
2021
MAY 2021
JUN 2021
JUL 2021

235
22 • Safer Ground: Reaching capacity at Rodeway Inn, with 40 households (a total of 45 people).
• Continuing to provide PPE and supplies to unhoused Berkeley residents. • Safer Ground: Holding a weekly self-swab (i.e., COVID-19 testing) clinic at Rodeway Inn.
• Safer Ground: Since the program’s reopening on July 9, Abode has served 47 residents at the Rodeway Inn. To date, all Safer Ground programs have served a total of 181 participants since beginning in July 2020. • Respite Sites: Continuing to process referrals from homeless outreach teams and City partners to fill vacancies. To date, all respite site programs have served 39 vulnerable people from 35 households.
• Shelters: Making determination to continue 24/7 operations at shelters through June 30, 2022.

AUG 2021
SEP 2021

236
23 Disease Containment
Overview
Disease containment through contact tracing and case investigation continues to be an integral part of the COVID-19 response. When people test positive for COVID-19, it is called a case. Case investigation begins with members of the disease containment team reaching out and asking a series of questions to learn more about how they may have contracted the disease, to provide isolation instructions and to check whether the person needs assistance with food or other resources during their isolation time. Interviews range from 30-60 minutes and require a high level of emotional intelligence to provide comfort to anxious individuals.

Additionally, disease containment staff provide
guidance to schools and businesses when a
COVID-19 case is identified at a worksite. The
team also responds to outbreaks, or multiple
cases reported from an exposure. This response
involves interviewing additional “contacts” of the
case, and ensuring that additional resources (i.e.
testing, vaccine, or isolation) can be provided to
affected individuals.

Key Activities & Decisions
 Providing consultation to cases and contacts; screening for additional resource needs.
 Responding to a large outbreak of 344 cases in a congregate setting by providing extensive guidance and working with Alameda County and CDPH counterparts.
 Onboarding six new redirected State employee contact tracers and case investigators to support Berkeley’s response.
 Training 10+ UC Berkeley contact tracers and case investigators to use the State’s COVID-19 case tracking software.
 Identifying and interviewing cases, including at skilled nursing facilities.

Some facilities had 50+ cases.

OCT- NOV
2020
DEC 2020-
JAN 2021
Disease Containment by the Numbers
2,800 covid positive people interviewed since
October 2020
81 food deliveries arranged
19 referrals to the Alameda County
Responsibility to Community Health (ARCH)
program
15 State employees supported Berkeley’s
response to the 2020 winter surge

237
24  Coordinating COVID-19 vaccination at congregate settings with recent cases.
 Responding to multiple cases in congregate settings in South Berkeley.  Providing COVID-19 vaccine resources through targeted outreach to affected populations, including monolingual Spanish speakers.  Referring eligible patients to the Alameda County Responsibility to Community Health (ARCH) program, which provided financial assistance to self-isolating county residents.
• Using State software to streamline processes for school and worksite exposures.
• Updating the COVID-19 Liaison Toolkit with current COVID-19 safety protocols.
• Responding to a surge in cases from the COVID-19 Delta variant: 51 total worksite and school exposures, including eight outbreaks, generating over 1,100 records requiring follow-up.
• Providing over 100 consultations to schools, UC Berkeley, acute care facilities, and skilled nursing facilities.
• Refining procedures to respond to COVID-19 outbreaks in shelters. • Refining response procedures and policies to begin pre-planning for a 2021- 2022 winter surge.
• Responded to 157 worksite/school exposures and 12 outbreaks. These exposures and outbreaks generated over 5,000 records requiring follow up.

APR-JULY
2021

FEB-MAR
2021

AUG-SEPT
2021
OCT 2021

238
25 Supporting Schools and Childcare Centers
Overview
The City of Berkeley’s Schools Team works closely with public and private schools and the childcare and youth provider communities to promote safety in youth settings during the COVID-19 pandemic. Under the leadership of Berkeley’s Deputy Health Officer, the Schools Team includes a School/Childcare Liaison and a specialized group within the EOC’s Disease Containment Unit. The Schools Team provides technical assistance and policy guidance to child- and youth-serving programs. From October 2020 through October 2021, this work included helping schools address the challenges associated with reopening, and preventing and managing COVID-19 once they resumed in-person learning. The Schools Team also supports Berkeley’s childcare, extracurricular, and camp programs.

City of Berkeley’s COVID-19 Liaison Toolkit
The Schools Team developed the City of Berkeley’s COVID-19 Liaison Toolkit, available online, as a resource to support child- and youth-serving programs. The Toolkit includes a written guide which walks school, childcare, and youth activity providers through their role in COVID-19 response, along with a number of supportive tools and templates developed by the Schools Teams and others to help streamline this work.

Technical Assistance

The Schools Team offered multiple 90-minute virtual learning sessions for Berkeley childcare, schools and youth providers. Participation peaked in January 2021 when CDPH made major updates to its guidance. In early 2021, the Schools Team held a special session specifically for BUSD principals and BUSD COVID-19 Liaisons. In addition, the Schools Team continued providing individualized technical assistance to schools, childcare, and youth providers via phone calls and email, and issued regular policy updates, including information clarifying the requirements of local and State guidance.

Case Response
Cases in youth settings require additional response from childcare facilities as well as City disease containment staff. Cases in these settings frequently involve prolonged exposures to large numbers of contacts and present a high risk for outbreaks without mitigation measures, early identification, and intervention. City staff have been specifically trained to understand

239
26 additional responses and complex regulations in youth settings, and have provided additional support and guidance to families and facilities when cases and outbreaks have occurred in youth settings. There have been 99 youth setting exposure events since August 16, 2021.

Due to their congregate nature, cases in youth settings have many more contacts than community cases, ranging from 38 to 110 contacts that must be interviewed.

Key Activities & Decisions
• City of Berkeley Health Officer Order
issued October 2, 2020, allowing
elementary schools in Berkeley to
reopen for the first time since the start
of the COVID-19 pandemic.
• Reviewing public and private school
safety plans per CDPH mandate.
• Health Officer Order issued November 5, 2020 permits middle and high schools to reopen.
• Performing in-person site visits to Berkeley private schools to guide and promote adherence to COVID-19 policies and ensure all safety measures are correctly implemented.
• Reaching out to 114 childcare providers about availability of COVID-19 related supplies in response to Berkeley City Council approval of the Proposed Lifeline for Family Child Care Providers, Amendment: FY 2021 Annual Appropriations Ordinance.7
• 67 of childcare providers (59%) express interest in receiving supplies; the City purchases and distributes air purifiers, child and adult masks, hand sanitizer, disinfectant cleaner, all-purpose cleaner, personal disinfectant, non-latex gloves, diapers, baby wipes, and site-specific requests such as tents for outdoor activities.
7 https://www.cityofberkeley.info/Clerk/City_Council/2020/12_Dec/Documents/2020-12- 15_Supp_2_Reports_Item_43_Supp_Hahn_pdf.aspx
NOV 2020
OCT 2020
Support to Schools
14 reopening plans reviewed, including
plans covering all BUSD sites
29 in-person site visits performed to
Berkeley K-12 schools
31 Zoom learning sessions for childcare,
schools and youth providers with 61-134
attendees at each
DEC 2020

240
27 • Facilitating Zoom learning sessions for childcare, schools, and youth providers.
• Providing technical assistance to schools that have reopened. • BUSD begins phased reopening; Schools Team visits 16 BUSD schools (11 elementary, 3 middle, and two high schools) to support implementation of COVID-19 safety protocols.
• Hosting meeting at Washington Elementary for all BUSD principals to answer their questions regarding COVID-19 safety protocols in schools. • Partnering with schools and COVID-19 vaccine providers to host school- based clinics at Longfellow Middle School.
• Recruiting Berkeley Public Schools Fund volunteers to support the vaccine rollout for 12-15 year olds.
• Continuing to host Zoom learning sessions.
• Completing full revision of COVID-19 Liaison Guide for schools, including an updated testing protocol, symptom checks, and template messages for schools to send staff, faculty, and parents regarding COVID-19 exposures. • Hosting Zoom learning sessions regarding the updated COVID-19 Liaison Guide, to answer questions prior to school starting.
• Pre-planning for authorization of COVID-19 vaccine for 5-11 year olds, in collaboration with new HHCS staff in the COVID-19 Response Unit. • Continuing to provide technical assistance to schools and to respond to cases.

MAY 2021

JUN-AUG
2021

JAN -FEB
2021

MAR-APR
2021

SEP-OCT
2021

241
28 Public Information and Outreach
Overview
The EOC’s Joint Information Center consisted of the City’s two communications staff, an OSII, the 311 manager and one temporarily assigned Library staff member. In 2021, the primary focus of the EOC’s Joint Information Center (JIC)8 was to get Berkeley vaccinated.

The JIC sought to create clear, simple messaging and instructions that the public could use to find and sign up for first and second vaccine doses. In doing so, the JIC’s communications covered virtually every customer-facing aspect of vaccine delivery.

Vaccine Messaging
JIC staff worked with public health and other government agencies around the region to coordinate and focus regional messaging around vaccination.

Vaccine Notification Strategy
The JIC created and designed a sign-up form, vaccine notification emails and a messaging plan that emphasized transparency to build trust. The City widely promoted and used a single email notification list to alert people about available vaccine. The City used this list weeks, and sometimes months, before other jurisdictions were able to direct their communities to available vaccine. By June 2021, this vaccine communication strategy generated nearly 4 million points of contact with community members. The team repeatedly got emails from members of the public expressing confidence that they would be alerted to available vaccine when it was their turn.

Vaccine Second-Dose Customer Support
The five-person Joint Information Center team created an onsite and offsite workflow to address customer needs for every aspect of second dose delivery, including:
 A dedicated second dose webpage with clear guidance that became one of the City’s most popular web pages of all time.
8 The Joint Information Center (JIC) is responsible for coordinating communications, information gathering and dissemination, and direct response to queries.

242
29  Professional, HIPAA9-secure emails that were custom coded to individually reach thousands of people for second dose appointments.
 Answering thousands of customer support emails.
 Working with Curative to create dedicated second dose website links (a first for the company) and onsite signup for second doses.
 Onsite signage about how to get second doses and business cards that provided links and instructions for any who missed appointments.

Through this communication effort, the City of Berkeley helped vaccinate the region.

Key Activities & Decisions
• Providing community messaging on playground reopening, safely celebrating Halloween, and school reopening.
• Publishing a Spanish-language testing webpage and community messages about safely celebrating Halloween and Día de los Muertos. • Coordinating with U.C. Berkeley regarding Cal Football messaging in relation to health orders and contact tracing.
• Providing community messaging on celebrating the holidays safely, including canceling or altering Thanksgiving plans.
• Publishing a Spanish-language holiday safety message. • Recruiting property owners to work with Alameda County to help provide housing to homeless residents.
• Posting Mayor Arreguín’s “Mask On to Move On” campaign items (i.e., posters at groceries and on city buildings, banners at parks and on street poles).
• Revamping City’s COVID-19 website, creating webpage for school COVID- 19 toolkit, receiving approximately 13 thousand “hits” per day on the main COVID-19 page.
9 Per the CDC, “The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.”
https://www.cdc.gov/phlp/publications/topic/hipaa.html#:~:text=The%20Health%20Insurance%20Portability%20 and,the%20patient's%20consent%20or%20knowledge.

OCT 2020
DEC 2020
NOV 2020

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30 • Publishing COVID Risk Reduction Order, a regional order that aligns with the State.
• Publishing vaccine webpage.
• Creating and managing a community vaccination notification list. • Responding to 1,000+ questions and queries about vaccines. • Helping people schedule second doses (i.e., emails to 3,000 people) and refining second dose communications with partner organizations. • Expanding the website to include additional vaccine information, a Back-to- School page for parents, and a resource about “What’s Open, What’s Closed.”
• Working with regional Public Information Officers on a joint message about spring break safety.
• Developing procedures and providing significant communications and coordination support to facilitate onsite signup for vaccine second doses; connecting with people who were previously not signed up for a second dose.
• Deploying weekly messages about vaccine opportunities. • Sending a community message about the city’s move to the “orange tier”.

The State’s tier system used colors to correspond to different levels of restrictions and ability to reopen various spaces, businesses, and activities. • Developing a webpage with information about safe events and gatherings. • Creating messaging about “Beyond the Blueprint,” the State’s June 15 reopening plan.
• Providing internal and external messaging around the June 15 reopening. • Sending a community message about the city’s move to the yellow tier. • Continuing to deploy weekly messages about vaccine availability. • Posting signage in City buildings explaining safety protocols. • Publishing a joint regional statement encouraging full in-person instruction for all schools in the fall.

MAY 2021

JUN-AUG
2021

JAN -FEB
2021

MAR-APR
2021

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31 • Reinstituting Mayor Arreguín’s COVID-19 Town Halls. While a regular feature throughout much of the pandemic, town halls at this time had shifted away from a COVID-specific focus.
• Issuing a Community Message about metrics for lifting the mask mandate. • Creating a booster information section on the vaccine webpage and issuing a Community Message regarding boosters.
• Coordinating with EOC regarding anticipated pediatric vaccine rollout.

SEP-OCT
2021

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32 Community Support
Overview
As the pandemic continues, the City of Berkeley has redoubled its efforts to support the community. From providing a “path to permanence” for businesses to continue the outdoor arrangements they piloted early in the pandemic, to innovative programs like Berkeley Bucks (a shop local e-gift card program), and aiding in additional grants opportunities for both small businesses and arts organizations, the City and its partners are working hard to ensure the community remains vibrant and recovers successfully.

Besides supporting business and the arts, the City also worked to support tenants and landlords. Throughout the pandemic, some households have lost employment and/or experienced reduced employment. In some cases, this has impacted households’ ability to pay rent. The City of Berkeley’s Rent Board Housing Counselors have been providing tenants and landlords with COVID-related assistance, including in relation to local and State eviction moratoria and referrals to rent relief programs. The Rent Board hosted online seminars on specific legal changes related to COVID-19, and maintains information on a COVID-19 webpage.

Key Activities & Decisions
• Working with businesses in the outdoor commerce program to develop strategies to winterize outdoor spaces.
• Launching a holiday shopping campaign focused on safe shopping (e.g., order online, curbside pickup), including a gift guide and a website listing businesses.
• Planning for launch of the Resilience Loan Program (RLP), funded by the CARES Act (the federal Coronavirus Aid, Relief, and Economic Security Act), with 0 percent interest loans, up to $25,000 to Berkeley businesses.

Applications opened online in November and closed in December. This program works in tandem with the City’s existing Revolving Loan Fund (RLF).
• Updating the Commerce Guide with information about winterizing outdoor space for COVID-safe commerce.
• Planning launch of COVID-19 Business Damage Mitigation Fund with the Downtown Berkeley Association.

OCT 2020
NOV 2020

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33 • Holding a meeting with 90+ participants representing merchants, Downtown Berkeley Association, and City leadership to provide guidance regarding the stay-at-home order, City resources, and additional COVID-19 related topics. • Working with clients to complete outdoor commerce applications and to transition legacy permits.
• Launching Berkeley Holidays Campaign.
• Designing Outdoor Commerce Grant Support program.
• Launching a program to complete outdoor commerce grant applications and working through related policy questions.
• Working with businesses in relation to Berkeley’s shift into the purple tier.

The State tier system indicated levels of restriction and ability to reopen. • Reviewing 50 applicants for outdoor commerce grants.
• Working with businesses regarding a potential shift from the purple tier to the red tier.
• Providing updated vaccine clinic information to Berkeley businesses including grocery stores, manufacturing, and other high-risk environments. • Sharing information through the Office of Economic Development newsletter on how to respond to the easing of restrictions.
• Hosting peer-to-peer sharing sessions focused on various environments (e.g., office-based businesses, arts sector organizations, etc.) on how to safely return to work and reopen.
• Working with the North Shattuck Association to do outreach about outdoor commerce grants.
• Hosting a “special events” focused peer-to-peer sharing session. • Creating a “Path to Permanence” for outdoor commerce, including waiving fees as long as there is a local emergency. City Council approved the Path to Permanence.

DEC 2020
JAN 2021
FEB 2021

MAR-APR
2021

MAY-JUN
2021

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34 • Working with the JIC team to create and disseminate supporting materials for the new Health Order focused on helping impacted food and drink businesses to comply with new vaccine verification requirements (i.e., showing proof of vaccination for indoor consumption).
• Continuing to work with the North Shattuck Association on outdoor grant applications.
• Developing criteria and an application process for Berkeley Arts Recovery Grants for Organizations and Festivals, funded through a one-time allocation by City Council of American Rescue Plan Act dollars. Grant awards will range from $3,000-$33,000 and will be based upon scoring criteria that centers cultural equity.

JUL-SEPT
2021
OCT 2021

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35 Cost Recovery
Overview
In the October 2020 COVID-19 Response Summary Report, “cost recovery” referred to the City’s work to seek reimbursement for its COVID response costs through the Federal Emergency Management Agency’s Public Assistance Program (FEMA PA). Since that time, the financial landscape around COVID response has evolved significantly for Berkeley and the nation.

Funding the COVID Response with Federal Dollars
Considerable funding has been made available to Berkeley through the CARES Act, the American Rescue Plan Act, and other federal programs. The Cost Recovery team has supported City leaders to strategically apply COVID costs to various funding streams as they become available. Understanding the costs that are eligible under each program helps the City to maximize each allocation, reduce additional drawdowns on the General Fund, and replenish City reserves.

Reimbursing Response Costs
FEMA’s rules for reimbursement have been in constant flux throughout the COVID disaster.10 In September 2021, nearly two years into the pandemic, FEMA published its most recent rules for COVID response reimbursement. This policy drastically reduces the types of COVID response work and costs that the agency will reimburse. Although it is labeled as “interim” it is believed to be final.

For Berkeley, the most critical change to FEMA’s rules involves reimbursement of staff time.

In prior disasters, FEMA reimbursed straight time11 labor costs for staff who were reassigned away from their normal duties to work on the disaster response. After over 20 months without clarity, the September 2021 FEMA policy confirms that the agency will only reimburse overtime worked by existing staff. This policy change renders more than $1 million of the City’s diligently tracked and recorded COVID personnel response costs ineligible for FEMA reimbursement.
10 FEMA support becomes available when the federal government declares a disaster. https://www.fema.gov/disaster
11 Straight time refers to the hours an employee works in a typical day.

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36 FEMA’s choice to drastically narrow reimbursable costs is disappointing, but having final rules enables staff to work more efficiently to prepare documentation for reimbursement requests.

Staff continues to submit reimbursement requests, the earliest in February 2021. As of November 2021, FEMA has not provided feedback, approval, or denial for any of Berkeley’s reimbursement request. Due to FEMA’s understaffing and massive backlogs, staff expects COVID reimbursement efforts to last for at least a year, if not more, after FEMA considers the pandemic’s emergency period to be over.

FEMA PA: Using COVID to Prepare for Berkeley’s Next Disaster As opportunities for COVID cost reimbursement decline, the Cost Recovery team is pivoting its focus to assessing and improving City policies and procedures for disaster cost recovery.

So far, the City has received ongoing guidance and support from its cost recovery contractor as it updated policies for tracking expenses and personnel time, disaster purchasing, and document retention. Moving forward, staff aims to develop a disaster recovery “playbook” to help guide departments’ actions in future disasters.

The City continues to amass experience and expertise in navigating the FEMA PA program.

During the August 2021 Caldor Fire in El Dorado County that affected Echo Lake Camp, City staff were able to quickly convene and prepare for necessary cost recovery using knowledge and experience from past disasters.

Key Activities & Decisions
 Continuing development of applications for FEMA reimbursement. This includes identifying what is reimbursable, developing arguments for reimbursement, and developing a strategy for collecting documentation.  Identifying department-level COVID-19 purchases and collecting related data to establish eligibility for reimbursement.
 Completing Citywide Benefit Rate Worksheet for use in Public Assistance Applications for personnel time reimbursement.
 Transitioning personnel time tracking away from legacy (older) software to a new software system.

JAN 2021

OCT-NOV
2020
DEC 2020

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37  Submitting first FEMA PA reimbursement application for communications costs.
 Strategizing about the best way to leverage American Rescue Plan funding.  Submitting FEMA PA reimbursement application for shower program. • Coordinating with HHCS to identify staffing costs to apply to Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases (ELC) grant.
• Developing a strategy to allocate CARES Act - Coronavirus Relief Fund allocation to expenses not eligible for reimbursement under FEMA, in order to maximize the City’s reimbursement potential.
• Submitting largest FEMA grant request (by the City) to date.

APR 2021

FEB-MAR
2021

MAY-SEP
2021

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38 Organizational Impacts
Mobilizing any emergency response is a daunting endeavor that requires employees to come together and set aside their fears in order to protect the health and welfare of the community.

For the COVID-19 pandemic, especially in the early days, employees—and the world at large — had to navigate many uncertainties and unknowns: How pervasive is the virus? How does it spread? What happens if I get the virus? Will I get members of my family sick? How do I balance the demands of being a disaster service worker with the responsibilities in my personal life? For more than two years, City employees and community members have grappled with these concerns and challenges. Even as scientists have answered many of our initial questions, much uncertainty remains about COVID-19’s long-term impacts on our health, our economy, and our future.

Employees in every department have experienced challenges as they maintain high quality services for the community while also responding to the pandemic and following Health Officer Order protocols. They have juggled job duties, remote schooling for their children, and caring for ill family members. Many have struggled without sufficient internet bandwidth or access to ergonomics when working from home.

In the face of these pandemic challenges, the City organization can be proud of many accomplishments. Starting in early 2020, every department deployed employees to support the COVID-19 response as Disaster Service Workers (DSWs), whether in the EOC or in another function within their department. This staffing situation created difficult and complex questions. Departments had to prioritize their own operations to maintain their most essential functions with fewer staff. At the same time, departments had to reenvision program delivery under COVID-19, quickly pivoting their operations to continue services while keeping employees and community members safe.

The cost of this ongoing reorganization and uncertainty has been extreme. Two years of consistent overtime and weekend work under this pandemic have created an environment of physical and emotional burnout for many of our employees. As we move into a “new normal,” in which COVID is a part of our daily lives, the City will need to integrate the COVID response into its daily work. This necessarily means that the City will need to set aside other efforts and priorities.

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39 On the next page there is a brief description of some of the many lessons learned by the City organization during the second year of the pandemic. These lessons learned are followed by sections briefly describing some of the organizational impacts experienced by different departments.

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40 Lessons Learned in Year Two of Pandemic Response
As the pandemic stretched into its second year, the introduction of vaccines and discovery of new variants changed the landscape of fighting COVID-19. Similarly, the City began its transition into the “new normal,” in which COVID-19 is a part of its everyday work, and our day- to-day existence as a community. This has been an extraordinarily long period of active emergency response with near-constant uncertainty for City staff, our community, and our world. In this ongoing—and yet incomplete—period of transition, the City has come to recognize key lessons that inform its service to the community now and in the future:

The City can mobilize effectively across departments. The pandemic required departments to work together to quickly address big problems. Working in the EOC structure helped staff from different departments to better connect with one another, breaking down barriers even when most collaborations were conducted remotely. While the EOC structure is the best way to manage a complex emergency, it is not built for long-term use. However, the cross-department collaborations built in the EOC will be a strong base for improved connections moving forward.

Partner communications are critical. During the COVID-19 response, working closely with our partner agencies—other health jurisdictions around the region and local partners like U.C.

Berkeley and BUSD and community-based organizations—was critical to providing our community with consistent information and instructions. It helped reinforce the City’s focus on equity by ensuring that traditionally hard-to-reach members of our community received critical information. Especially in times of great uncertainty, continuing to work closely with our partner agencies will ensure clear and reliable communication and strengthen community trust.

The City has an agile workforce—and employee stamina is wearing thin. City staff flexed to meet the needs of this pandemic. For two years, staff worked long hours and weekends, performing as Disaster Service Workers while also trying to maintain normal job functions.

Typically, disaster service work lasts days or weeks. The extraordinary length of this response has had a tremendous impact on the organization.

The City can achieve amazing results when activities are focused. When COVID-19 emerged, the City had to suspend many day-to-day operations, programs, and projects to focus on saving lives and protecting our community from this virus. The City had to reevaluate its daily operations to prioritize the most essential services—those critical operations that save lives and are legally required. Moving forward, the City will bring this focused approach to daily operations. This means continuing to think big, take risks, and try new things while being willing to abandon efforts that aren’t working.

The City now has extensive disaster experience it can apply to future disasters. COVID-19 has provided an opportunity to test the City’s staff, emergency plans, and practices over a very long, dynamic, and ongoing emergency. Some COVID-19 efforts can even be used as models for future disasters. For example, the City’s vaccine distribution strategy mirrors the work that will be necessary to distribute water, food, or cleanup supplies after an earthquake. Also, when the Caldor Fire ripped through El Dorado County in fall 2021, threatening Berkeley’s Echo Lake Camp, the City was already prepared to document damages to facilitate FEMA cost reimbursement.

COVID-19 is here to stay. As our community enters year three of the pandemic, new variants continue to demonstrate the interconnectedness of our world. COVID-19 has made permanent changes to the way that everyone works and lives. For the City organization, this means integrating COVID-19 response into daily operations. Even when there is a formal end to the City’s Proclamation of Local Emergency for COVID-19, some COVID-19 work will continue:
vaccinations and boosters; testing, tracing, isolation and quarantine; new and updated Health Officer orders, along with ongoing communications and education.

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41 City Attorney
Over the past year, the City Attorney’s Office continued to provide a wide range of high caliber legal services, from defending cases and claims to addressing redistricting.

Additionally, during this time, the City Attorney’s Office has developed practices to maintain and enhance productivity and office cohesion.

The contributions of the City Attorney’s Office from October 2020 through October 2021 are summarized in the following table:

CITY ATTORNEY’S OFFICE CONTRIBUTIONS TO COVID-19 RESPONSE

HEALTH OFFICER ORDERS
• Continuing to develop and review various Health Officer Orders, including orders requiring face coverings in indoor settings and vaccination verification for entry into certain businesses. Where necessary, the City Attorney’s Office has coordinated with other Bay Area jurisdictions on developing Health Officer orders. • Continuing to advise staff and members of the public regarding implementation and enforcement of Health Officer Orders.

ORDINANCES AND REGULATIONS
• Assisting in the drafting and revision of the City’s vaccination mandate for City employees and advising and participating in related negotiations and discussions with employee bargaining units.
• Developing and drafting City ordinances for the protection of tenants as part of COVID- 19 response.
• Developing and drafting grocery worker hazard pay ordinance. • Providing ongoing legal support to the Office of Economic Development regarding business impacts and local initiatives, such as outdoor commerce and Health Officer Orders.
• Continuing to advise staff regarding the COVID-19 Emergency Response Ordinance, including related issues of lease termination or renegotiation for small businesses. • Continuing to advise the EOC Joint Information Center (JIC) regarding public communications about the COVID-19 Emergency Response Ordinance.

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42 CITY ATTORNEY’S OFFICE CONTRIBUTIONS TO COVID-19 RESPONSE

FINANCIAL COST AND RECOVERY

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43 CITY ATTORNEY’S OFFICE CONTRIBUTIONS TO COVID-19 RESPONSE • Continuing to review, revise, and draft various contracts and memorandums of understanding related to COVID-19 Case Investigation and Contact Tracing, COVID-19 vaccine rollout, and providing guidance regarding implementation of other sources of COVID-19 related funding.
• Continuing to review and verify 214 FEMA forms for cost recovery.

GENERAL
• Continuing to advise staff regarding:
o Contracting, privacy, and other legal issues,
o Implementation of the Healthy Streets Program,
o The Respites Sites Program,
o Best practices for compliance with the Brown Act and Public Records Act during COVID-related City office closures, and
o Response to Public Records Act requests related to the City’s COVID-19 response.
• Continuing to advise the Health Officer regarding:
o The publication of COVID-19 demographic data,
o City Health Officer scope of powers in responding to COVID-19, and o Genomic tracing of City test specimens.
• Continuing to research emergency proclamation legal authority and requirements and continuing to draft the COVID-19 emergency proclamation and subsequent reauthorization Council resolutions.
• Researching and drafting a resolution authorizing continued use of teleconferencing for City Council and commission meetings following passage of Assembly Bill 361. • Monitoring and providing advice regarding State legislation and the Governor’s executive orders affecting open meetings and the City’s response to COVID-19. • Researching protections for small business owners who personally guaranteed the business’ rent obligation.

OBSERVATIONS AND LESSONS LEARNED
• The City Attorney’s Office has successfully developed office practices and policies to maintain and improve productivity and office cohesion. Particularly successful practices include:
o Successful utilization of teleconferencing technologies,

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44 CITY ATTORNEY’S OFFICE CONTRIBUTIONS TO COVID-19 RESPONSE o Regular and recurring check-in teleconference calls, either officewide or between staff with related work assignments, and
o Regular sharing of daily work plans and workflow updates. • The City Attorney’s Office has found that telework practices during COVID-19 have largely preserved office productivity and, in some cases, have led to greater efficiency and productivity by staff. Decreased commute times have enabled attorneys to quickly respond to urgent matters and, where needed, effectively work outside of regular business hours. The City Attorney’s Office is exploring ways to continue to incorporate telework while ensuring that all in-person office needs are met. • While COVID-19 has presented challenges, teleconferencing of public meetings has allowed the City Attorney’s Office significant flexibility by enabling the office to easily make multiple staff members available, and allow staff to quickly transition between consecutive or concurrent public meetings.

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45 City Auditor
The City Auditor’s Office, which includes both performance and payroll audit, has worked alongside the EOC to assist with payroll-related data and analysis. This work with EOC included creating reports and participating in cost recovery activities. Payroll Audit staff provided the data necessary to substantiate personnel costs associated with COVID-related efforts to recover federal dollars for the funding of these efforts.

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46 City Clerk
The City Clerk Department adjusted a variety of operations and programs to ensure better safety and effectiveness given the effects of the COVID-19 pandemic. Some specific efforts included implementing vote-by-mail for the November 2020 general election, launching an Independent Redistricting Commission, preparing for a return to in-person work and Council meetings, and participating in ongoing cost recovery work.

November 2020 Election
The City Clerk Department coordinated with the Alameda County Registrar of Voters and other City departments to identify locations for the Voting Assistance Centers and the Ballot Drop Boxes that were implemented for the vote-by-mail general election. Staff assisted voters by providing information on where and how to vote, as well as providing assistance to candidates and campaign committees regarding compliance issues and required filings for the election.

Independent Redistricting Commission
The Commission was launched in January of
2021 with a random selection process for the
district commissioners that was broadcast and
streamed to the public. City Clerk staff is
providing administrative support to the
Commission for the duration of the process.

To date, the Commission has held 20
meetings and engaged in a robust public
outreach campaign to educate the public
about the process and encourage community
participation.

Return to In-Person Work
City Clerk staff have been reporting to work at the Civic Center Building since the start of the pandemic. Following City protocols, the department used a work from home rotation to increase social distancing in the office. With the November 2022 election, continuing support for City Council meetings, and in-person public service by appointment, the City Clerk Department maintained a high level of customer service. The department currently allows one

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47 day per week of work from home for eligible employees and is ready for a full return to work status.

Return to In-Person Council Meetings
The City Clerk Department has refined and adjusted the virtual meeting processes throughout the pandemic. With the passage of new State laws regarding virtual meetings for legislative bodies, the Department is working with internal and external partners to plan for the return to in-person meetings under a hybrid (in-person and virtual) platform.

Ongoing Cost Recovery
The City Clerk Department has one employee, from its staff of ten, who has provided integral support to the EOC’s Cost Recovery team. This employee is dedicated part-time to gathering critical data and documentation to support FEMA reimbursement requests.

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48 City Manager’s Office
In addition to providing policy and strategic direction to City departments, the City Manager’s Office contains a variety of units, including Animal Services, the Budget Office, Neighborhood Services, Code Enforcement, Berkeley’s 2020 Vision, and the Office of Economic Development. It also leads the City’s work on the 2020 U.S. Census.

Budget Office
A small but important unit, the Budget Office has continued to fully deploy one of its most senior staff to the EOC while also acting as the Budget Manager and maintaining all normal operational work. In addition to last year’s work, which remains ongoing, this staff person has served as a key member of the City’s Cost Recovery Team, supporting development of reimbursement applications for FEMA.

Since fall 2020, the Budget Office prepared initially for a two-year budget but then quickly pivoted to a one-year budget in order to more flexibly respond to the changing economic recovery landscape. This pivot required complex and swift revisions to a variety of calculations, analyses, and processes. At the same time, the longtime Budget Manager retired. However, the Budget Office, under the leadership of one of its most senior staff, acting in the role of Budget Manager, was able to guide the organization through the budget process within a tight time frame with economic uncertainties. This process resulted in a fiscal year 2022 Proposed Budget and accompanying book that was well received by the City Council and the public. The process used for the one-year budget allowed the City to fully incorporate changes when it learned it would be receiving American Rescue Plan Act funds.

These funds helped the City to address pandemic-related revenue losses and to fund programs to help with pandemic-related recovery. Shortly after Council’s adoption of the fiscal year 2022 budget, the Budget Office began work on the next two-year budget, which will be the first one built in the City’s new financial system.

During COVID-19, the majority of Budget Office employees have continued to work from home, maintaining efficiency and productivity gains stemming from the elimination of commute time.

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49 Neighborhood Services
In addition to its work in Code Enforcement, Special Events, and Animal Services, the Neighborhood Services Division was reorganized over the past year to place a greater emphasis on responding to street and encampment homelessness. •
Homeless Response Team
Neighborhood Services will lead the Council's new Homeless Response Team, created by a Measure P allocation in the fiscal year 2022 budget. For the first nearly year and a half of the pandemic, the City adhered to CDC guidance to avoid closing encampments, even those that had become very dangerous and unhealthy, as much as possible, to mitigate the spread of the virus. As the City’s vaccination rates rose and case rates fell through the summer, the City Manager felt it was appropriate to begin balancing the health threat posed by the virus against multiple other public health and safety risks, and resumed enforcement action in August 2021.

The Homeless Response Team was launched concurrently and now serves as the City's primary point of contact for assessing and responding to street and vehicular homelessness, prioritizing health and safety impacts and avoiding criminal citation or arrest wherever possible.

The division now includes the City's Homeless Outreach Team (formerly the HOTT within Berkeley Mental Health), which serves as the HRT’s initial point of response to encampment homelessness across the City. In an effort to better align with existing homeless programming in the Health, Housing and Community Services (HHCS) department, the City's Homelessness Services Coordinator was also moved from HHCS to Neighborhood Services. This move will help develop systems of care and support for those living on the streets, thereby preventing the need for enforcement action at dangerous and impactful encampments wherever possible. Neighborhood Services, in partnership with multiple City departments and Dorothy Day House, recently opened both the Horizon Transitional Village Shelter Program and the Safe Parking and Respite Kickstart (SPARK) program, which provide 50 beds and 40 parking spots for recreational vehicles (RVs) at 742 Grayson Street. In addition, Neighborhood Services has already partnered with several departments to perform several successful encampment resolutions at some of the city's most unsafe and unhealthy encampments. During these encampment resolutions, encampments are closed after all encampment residents are offered shelter, transportation, and other resources. Neighborhood Services also partners

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50 with the Public Works Department to provide twice-weekly garbage service to encampments and areas near encampments that are frequent targets for illegal dumping. • Animal Services
The opening of businesses and the resumption of normal activities in June and July 2021 had a major impact on the operations of Animal Services. The robust foster program that existed during ‘shelter in place’ very quickly diminished as fosters and potential fosters returned to work and school. With the opening of the Animal Shelter to the public during this same time period, the number of incoming animals began to increase and is now at pre-COVID levels.

Also beginning in June and July of 2021, requests for field services began to increase and are now at pre-COVID levels. With one Animal Control Officer position frozen, response times are slower than pre-COVID.

Since reopening the shelter to the public, Animal Services has had about 200 active volunteers, down from between 400-500 active volunteers pre-COVID. New volunteer orientations have started again, limited to 15 people per orientation with two orientations per month. The vaccination mandate was announced in mid-September. To date, over 130 volunteers have submitted proof of vaccination. Beginning November 15th, only vaccinated volunteers will be permitted to continue volunteering. •
Code Enforcement
The Neighborhood Services Code Enforcement Unit’s (NSCEU) Supervisor has been coordinating closely with the EOC to enforce all non-food related COVID-19 Health Order Violations in the City of Berkeley. In 2020 (through 2021), NSCEU Officers were also asked to respond to, investigate, and enforce the City Health Order violations per the EOC and City Leadership. Enforcement of the City Health Order created significant challenges as staff struggled to balance both baseline work and emergency response activities. This new area of responsibility significantly increased the NSCEU’s workload, initially in development of this new citywide response effort and then in response to added calls for service for an array of Health Officer Order violations. Although NSCEU partnered with the Planning Department’s Code Enforcement Officer to help with enforcement, early estimates are that COVID-19 enforcement has created more than one full-time equivalent

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51 (FTE) of work. Further, NSCEU continues to operate without administrative office services support, which challenges the unit’s efficiency.

At the pandemic’s height, NSCEU workload doubled: an estimated five to seven new COVID-19 related cases were generated per week, in addition to the five to seven new regular NSCEU cases generated per week. Prior to the introduction and distribution of the vaccine, COVID-19-related open cases grew to 100+ cases for NSCEU. Consequently, the unit’s response time increased for all other NSCEU work. NSCEU’s goal of addressing all complaints within 10 days of receiving them has not been met. Although time to address incoming complaints has decreased as the pandemic has worn on, NSCEU is still addressing complaints that are two months old. Additionally, NSCEU assists the City’s Building and Safety inspectors, HHCS inspectors, and Public Works with investigation and enforcement of reported violations.
•
Special Events
During 2020, Special Events created Outdoor Commerce permits as a mechanism to support businesses and schools that wanted to move outdoors. The team also permitted the expansions of existing outdoor uses to accommodate social distancing requirements for schools, businesses, and farmers markets. The special events team consists of one full-time employee assigned from Neighborhood Services and 8-10 staff from other departments. Staffing was challenging in some areas as a few team members had been reassigned to other duties and others were not yet back to work, balancing their children’s distance learning needs from home. So far in calendar year 2021, Special Events has permitted 60 events, with an estimated 10-20 more events by year’s end. Staff anticipated a surge in businesses, schools, and brick-and-mortar businesses requesting outdoor space for canceled indoor events; staff expect to see that trend continue through calendar year 2022. If pandemic restrictions continue to decrease, the team expects a return to pre- pandemic levels in event season 2022 (approximately125-150 events annually), including with the return of all events that had been canceled or postponed during 2020-21. Staffing should return to pre-pandemic levels, prepared to support all special event organizers as they continue to host events throughout Berkeley. Special Events staff recognizes the many efforts by businesses and organizers to rethink outdoor programming and support their innovation moving forward.

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52 Public Information Officer
The work of the Public Information Officer was primarily to support the City’s COVID-19 response as well as other urgent citywide communication needs. The cost of providing this kind of support was extreme. This effort required everyone putting in long daily and weekend hours. It required putting all other City work on the margin, affecting all other operations, including delaying high-profile projects such as the launch of the City’s new website. This effort also created an environment of physical and emotional burnout.

Office of Economic Development
Staff in the Office of Economic Development (OED) have continued to be fully engaged in supporting local businesses impacted by the COVID-19 pandemic. Besides their active involvement in the EOC described elsewhere in this report, much of OED’s activities relate to direct financial assistance, business communications, economic impact assessments, marketing/promotion, and regulatory relief:
 Implementation of the “Business & Arts Continuity Grants” program, an emergency relief grant program to help mitigate COVID-19 related financial losses. This program, made possible by funds from City Council and private donations, resulted in the award of 763 grants totaling over $2.6 million to help stabilize the local economy. OED led creation and administration of the program, as well as distribution of funds from the Berkeley Relief Fund.
 Development and implementation of the
business damage mitigation fund and the
outdoor commerce grant support program,
providing direct financial assistance through
$800-$2,000 individual grants.
 Continuation of increased frequency of
citywide business communications to ensure
businesses were aware of the latest COVID-
19 response and recovery information and
resources. This included continuation of well-
attended sector-specific outreach and forums
such as “Listening Sessions” with business leaders to inform development of

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53 reopening protocols and facilitate peer-to-peer sharing of information and experiences.
 Convened, with Berkeley Chamber of Commerce (Berkeley Chamber), regular “Business Forums on Outbreak Responses.”
 Convened, through the Civic Arts Program, regular meetings with Berkeley arts organizations to share information and resources relating to COVID-19, such as federal aid opportunities and Health Orders.
 Developed, with Berkeley Chamber, an online COVID-19 Resource Hub12 with information on topics spanning from Financial Resources, to Working from Home, to Reopening Your Business.
 Issued multiple industry-specific surveys13
to better understand how businesses are
coping with the ongoing challenges of
COVID-19, what kinds of support
businesses need, and potential trends to
anticipate.
 Deployed a #BerkeleyHolidays campaign
in December 2020 to promote safe,
citywide holiday-themed events and local
online shopping opportunities.
 Created a “path to permanence” for outdoor dining and commerce to allow expanded outdoor commercial activity (e.g., sidewalk seating, parklets, street closures for outdoor commerce), resulting in over 3 dozen permitted businesses, an expanded range of allowable outdoor activities, and a streamlined permit process, as well as a variety of related educational materials14 for interested businesses.

Moving forward, OED anticipates continuing and expanding this work through:
 Applying over $2 million in American Rescue Plan Act funds towards supporting sustainable recovery of Berkeley’s deeply-impacted sectors (e.g., arts, tourism, small businesses), and
12 https://www.berkeleychamber.com/covid19resources.html 13 https://www.cityofberkeley.info/uploadedFiles/Manager/Economic_Development/2020_Q4Dashboard_OED%20 presentation%20for%20council%20FINAL.pdf
14 https://www.cityofberkeley.info/covid19-outdoor-commerce/#permanence

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54  Providing grants through the Berkeley Art Works Projects15 to artists, performers, and community members to create temporary public art projects throughout Berkeley that bolster collective resilience and recovery from the effects of COVID-19. 15 https://www.cityofberkeley.info/City_Manager/Civic_Arts/Berkeley_Art_Works_Projects.aspx

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55 Finance
Throughout the pandemic, the Finance Department has successfully maintained continuity of its operations and provision of the best information on the City’s current and long-term fiscal condition. All divisions in the department, General Services, Treasury, and Financial Systems, have worked together and innovated to keep staff safe while managing the revenues and procurement that enable the services the City provides the community. The Fiscal Analysis Working Group, established to closely monitor the pandemic’s impact on City revenues, continues its work monitoring remittances to the City, other jurisdictions’ revenue reports, and County and State agency forecasts. The Working Group has helped the City better understand the changing economic environment and maintain accurate revenue projections.

General Services
General Services is still prioritizing purchases, solicitations, and contract processing related to the COVID response. The volume of urgent requests has subsided dramatically, however, some expediting is still needed. Staff attended purchasing related webinars, including FEMA training, throughout the pandemic, and assisted departments with posting bids and requests for proposals (RFPs) as expeditiously as possible.

Bid openings continue to be held outside in order to allow for public access while maintaining social distancing requirements. RFPs are submitted electronically. General Services Staff are all able to work remotely, or in the office on alternating days.

Treasury
During the pandemic, the Treasury Division was able to maintain its daily operations while modifying processes to minimize staff interaction and promote physical distancing. This involved developing a scheduling system which eliminated queuing and minimized wait times.

Throughout the organization, the Treasury Division has continued to help a variety of departments and work units to set up remote payments, expedite phone-in credit card payment processing, and deploy online and automatic payment solutions. These innovations now offer supportive alternatives alongside the increasing number of in-person options becoming available again.

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56 Financial Systems
The Financial Systems Group has continued its work ensuring that Finance operations run efficiently while maintaining employee safety. Staff in this group continue to work remotely and support a variety of initiatives responding to the effects of the pandemic, including the Finance Customer Service Counter (CSC) customer triage phone line; working to enable more Business License taxes to be paid through an online portal; and working to allow more types of online payments to minimize in-person payment activities and increase customer convenience.

Revenue Collection
The Revenue Collection Division enhanced its operations to best serve its customers when City offices were closed to the general public. As much as possible, in-person traffic was diverted to communicating via web, email, and phone, as described below:
• Web: Revenue Collection encouraged customers to take advantage of existing online portals to conduct business, e.g., applying for and renewing Residential Preferential Parking (RPP) program permits, paying for or contesting parking citations, and renewing their business license for Rental of Real Property. • Email: Some documents, like change of business information, could be submitted electronically where they once needed to be mailed in with a wet signature. Additional emails were created to better address customer needs, i.e., a dedicated mail box to accept property tax tips.
• Phone: Finance Customer Service Counter (CSC) staff manned a customer triage phone line which directed customers to the correct staff for assistance and to accept payments. In-person appointments were available on a limited case-by-case basis. • In-Person: New payment drop boxes were introduced on the outside of 1947 Center Street building, allowing customers to drop off documents and payments free of contact 24/7. As City offices reopened, the CSC had a soft opening with limited hours.

Masks are provided to customers that do not have them, minimal seating is available to maximize social distancing, and no forms are left in the lobby—rather, they are given to customers as needed. Slowly, the CSC expanded its office hours to pre-COVID hours and is able to assist customers that walk in. Staff continues to adhere to COVID- 19 guidelines: masks on at all times, 6-feet of social distancing, as well as sanitizing hands and the office. Phone calls have declined, but the CSC staff continues to process payments over the phone when needed.

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57 The Division continues to enhance its operations by expanding its online business license portal to allow the majority of license types to renew online; this will allow over 80% of Berkeley businesses to renew online and receive a copy of their business license and receipt immediately. Additionally, the Customer Service Counter will be implementing a new queuing software in December 2021 which will allow customers to make appointments online and see estimated wait times at the Counter to maximize social distancing practices.

Accounting
The Accounting Division worked with external financial auditors to enable the FY 2021 audit to be performed remotely as much as possible. While accommodations needed to be made for in-person review of certain sensitive documentation, the division has provided other documentation electronically, and arranged for staff interviews and other meetings to occur online. This resulted in a timely delivery of the City’s financial statements.

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58 Fire
The Fire Department continues to respond and provide emergency medical service and transport to members of the community with symptoms of COVID-19. Meeting this challenge has required a redoubling of efforts to maintain a supply of Personal Protective Equipment (PPE) to reduce workplace exposures, which has been especially challenging given the supply chain issues that have manifested during the pandemic.

To maintain operational continuity, the Department has been performing weekly serial testing of all members to catch infections early, with rapid contact tracing to reduce staffing impacts that result from large clusters of quarantined employees. This additional work has been performed by our diligent and committed Designated Infection Control Officers (DICO).

Our DICOs remain a critical link in the response to each employee exposure both in terms of providing support to the employee and ensuring the employee can return to work in as timely a fashion as is safe and allowable under Health Officer guidance.

Some highlights of the Department’s pandemic-related activities include:

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59 • Mass Vaccination Site: The Fire
Department, in partnership with the EOC
and private partners, planned, built and
ran the Bay Area’s first and only
continuously operated mass vaccination
site. This was a public-private partnership
between the City of Berkeley, the County
of Alameda, Curative, Inc., and Golden
Gate Fields. The Department worked
with the City’s Public Health Officer and
other EOC staff and the Alameda County EOC to develop and maintain a consistent flow of vaccine, building from an initial offering of 350 vaccines daily to nearly 2,000 vaccines per day. The site provided 100,000 doses of the Moderna and Pfizer vaccines to the jurisdictions of the City of Berkeley, Alameda County, and when availability permitted, the San Francisco Bay Region.
• Measure FF Wildland-Urban Interface Implementation: Berkeley voters approved Measure FF, which will bring sweeping improvements to the service delivered by the Department over the coming years. At the same time FF passed, the Department moved all staff officers (i.e., personnel working 40-hour, Monday-Friday shifts) to fire stations to help reduce forced overtime and keep stations open. This left a very few in Fire Administration to maintain the Department’s normal operations, to contribute to the ongoing COVID response, and to begin planning and implementation FF programs and projects.

Council directed the Department during the FY22 budget process to think creatively to begin FF work, with a focus around wildland urban interface (WUI) planning and vegetation management. To that end, the Department hired eight retired annuitants of various ranks to begin to tackle this monumental project. They are building the vegetation management program,
working on community education
modules, drafting the scope of work for a
Community Wildfire Protection Plan
(CWPP), re-starting the Safe Passages
program, performing vegetation
management inspections, and helping the

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60 Department research and document best work practices that will be transitioned to permanent FTEs when staffing allows. The annuitants’ presence and commitment to this work has been invaluable.

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61 Health, Housing and Community Services
Throughout the pandemic, the Health, Housing and Community Services (HHCS) Department has played a significant role in COVID-19 response, both within the EOC and as part of its departmental operations. Over 2021, HHCS has designed and implemented a strategy for addressing COVID-19 as response needs change, managed a significant influx of new funding, and hired and trained a variety of new staff to perform pandemic-related work.

As the EOC moves closer to demobilization, more of these ongoing COVID response efforts have and will continue to shift to HHCS. To that end, since July 2021, the bulk of COVID-19 response work has shifted from the EOC to a team of HHCS staff in liaison with the EOC Coordinator. This shift, called “Phase II”, included:
• Formalizing COVID-19 Response Principles and Strategies, • Developing a new departmental organizational structure, • Creating new operational roles, and
• Structuring a process for management of this work.

With these principles, strategies, roles, structures, and process in place, HHCS successfully:
• Planned and implemented vaccine booster rollout,
• Increased testing and vaccinations at shelters and for the unhoused, • Planned and implemented pediatric vaccination rollout, • Supported the schools in COVID-management overall and addressing outbreaks, • Provided low-income individuals and families with rental and basic needs assistance to keep them in their homes,
• Developed a vaccine incentive program for the unhoused population, and • Much more, as detailed in the thematic section of this report.

Additionally, the Housing & Community Services Division of HHCS is managing approximately $13 million in new COVID-relief funds. These funds are primarily distributed to community agencies, along with HOME16 COVID funds.
16 HOME Investment Partnerships Program (HOME). HOME COVID funds are supplemental federal HOME program funds for housing development.

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62 Human Resources
In response to COVID-19 last year, the Human Resources Department (HR) pivoted to quickly integrate evolving Health Officer Orders, public health regulations, and new laws into City operations, providing supportive citywide policies, trainings, and procedures. These include:
• Administrative Regulation 2.24 Supplemental Paid Sick Leave (new); • COVID-19 Supplemental Paid Sick Leave Employee Guidance FAQs (new); • Administrative Regulation 2.25 Mandatory COVID-19 Employee Vaccination Policy (new);
• COVID-19 Vaccination Policy & Face Covering FAQs (new); • Safe Reopening Plan for Departments “Welcoming Back the Public” (new); • Confidential Employee Vaccination Verification Data Collection; • COVID-19 Prevention Program (revision pending);
• Guidance on Domestic/International Travel;
• Guidance on Post-Exposure;
• Guidance on Safety Protocols While at Work;
• Worker Engagement Trainings; and
• COVID-19 Trainings.

This work required several meet-and-confers17 with labor groups regarding safety and alternate work schedules to reduce potential COVID-19 exposure. The Department incurred increased costs to address the legal issues surrounding employees and COVID-19, including a review of policies, new laws, meet-and-confers regarding Disaster Service Worker work, and alternate work schedules. HR also implemented a citywide hiring freeze.

HR focused on ensuring clear communication of these new policies and procedures to staff by:
• Engaging in 34 vaccine policy meet-and-confers with labor groups since August 2021; • Meeting with labor groups to provide bimonthly updates; 17 For employees covered by a labor agreement, whenever there is a change proposed that would affect that agreement, both parties meet and discuss the proposed change. This is known as “meet-and-confer”.

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63 • Updating the COVID-19 Employee Information webpage with new policies and procedures;
• Developing scripts for managers and supervisors to share information regarding the safety and efficacy of vaccines with employees;
• Coordinating the citywide “Welcoming Back the Public” committee to support the creation of departmental Safe Reopening Plans;
• Conducting a citywide COVID-19 Vaccine Safety and Efficacy Townhall webinar with the Public Health Officer;
• Sharing regular updates via the internal email listserv (“Everyone Emails”), employee newsletter (“Berkeley Matters”), intranet (“iCoBweb”), and the HR Department’s digital signage/kiosk;
• Providing citywide communication around COVID-19 positive cases, exceeding Cal/OSHA18 requirements for such reporting; and
• Delivering onsite vaccination policy outreach/education efforts for field-based staff.

While striving to meet the human resources needs of the COVID-19 response, HR continued with its baseline work and support to City departments. From February to July 2021 HR engaged with and successfully concluded labor negotiations with all eight labor groups. HR continues to meet and confer with Labor on negotiation-related issues. Additionally, HR is staffing projects to move HR and payroll operations to a modern software solution, with rollout expected in the first part of 2022.
18 California Department of Industrial Relations, Division of Occupational Safety and Health.

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64 Information Technology

The Department of Information Technology (DoIT) continues to support City of Berkeley remote and in office employees during the COVID-19 emergency order. The Help Desk is open 8:00 a.m. - 5:00 p.m. Monday-Friday, with walk-in appointments available to book through the Service Now Help Desk portal (SNOW), by phone and employees are encouraged to use the SNOW service portal for routing service requests.

DoIT Enterprise and Business Application employees continue to work fulltime from home to comply with COVID-19 safety protocols due to cramped cubicles spaced less than five feet apart.
311 Customer Service Services and COVID-19 Information Services continues to support the Public Health division answering COVID-19 inquiries and concerns from the community and businesses. The 311 Customer Service Call Center is open 8:00 a.m. -5:00 p.m. Monday- Friday serving the community, businesses, students and visitor through multiple service channels.

Telecommuting
DoIT supports over 700 employees to securely work from home. In addition to continuing previously reported support activities, in the past reporting period, DoIT worked on:
• Rolling out enhanced MS Teams features (e.g., channels) City-wide to replace Skype. • Purchasing an enterprise license for Zoom and piloting its use with the City Manager’s Office – Office of Economic Development.
• Monitoring network access performance and stability.
• Configuring and deploying 559 laptops for remote work. • Setting up and distributing 450 iPhones and iPads for remote work. • Publishing over 30 knowledge base (i.e., user guide) articles relating to remote work.

Cyber Security
The cyber security environment continues to evolve as to type and complexity of attacks, and with respect in volume of attacks. Already a growing threat, ransomware exploded, with attacks becoming more frequent and costlier. The volume of ransomware attacks rose

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65 another 185 percent over 2020 in the first half of 2021. Given the continued and increased cyber security risks, particularly with many employees working remotely, DoIT continues to employ a variety of strategies to mitigate those risks. However, many DoIT cyber security initiatives have been slowed or are temporarily on hold due to staffing shortages and partial funding pushed to fiscal year 2023. Security projects during the report period include:
• Launch of the Data Safety program, and
• Migration of City iPhones and iPads to InTune to support access to MS Team by personal devices and enhanced security.

Technical Support
The Help Desk call volume and ticket volume continue to increase with employees working from home having intensified network, set-up, and password questions. Processing at-home service calls can often take longer to trouble-shoot, factoring in home-networks and the inability for IT to remote into the laptops. Service requests for laptops, iPhones and iPads continue to increase with staff working from home. Help Desk walk-in appointments are available to book through the SNOW service portal Monday through Friday. DoIT Help Desk is currently staffed at 50%, due to a variety of factors, including resignations and medical leave. Recruitment for Help Desk staff is in process.

DoIT is currently strategizing and planning technical and Help Desk needs to support the return of City employees to the office in 2022.

DoIT continues to work on software solutions to assist with documenting COVID-19. Some examples include:
• Forms and survey solutions for the EOC, the Health, Housing, and Community Services Department, and the Human Resources Department for COVID-19. • Updates to COVID-19 Statistics Report on City’s website. • Built vaccination status form in the Jot-Form platform. • Train HR on Jot-Form vaccination data retrieval.
• Assisted staff on how to fill out jot-form and provided support for technical issues on Jot-form platform.

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66 311 Customer Service
311 Customer Service Call Center is open Monday-Friday, serving as an essential service 311 remained open during COVID-19 shelter in place. Community and businesses requests for services and information remain on par with non-COVID years. In FY2021, 311 processed 119,971 incoming interactions. To maintain proper Cal/OSHA distancing and safety protocols 311 is working with five staff in the office answering phones and five staff working from home processing cases, inquiries, and messages. Service levels have declined for incoming phone traffic: the answer rate reduced from 85% to 75-80%, with hold times increasing from 24 to 30-minute wait time. Yet, non-phone related requests for service have had a positive upsurge with same day response times to inquiries and concerns.

The public has significantly responded to the [email protected] email box stood up May 1, 2020 to respond to COVID-19 inquires, concerns, enforcement complaints and rerouted email from Public Health division and the Public Health Officer. With the assistance from a public grant, 311 hired a staff person to focus primarily on COVID-19 email and COVID-19 Vaccine information, working closely with City of Berkeley Communications division. To date COVID-19 Information services has handled the following number of email communications:
• May 2020 – December 2020, correspondence processed: 7,247 • January 2021 – October 2021, correspondence processed: 14,602 311 continues to work as an essential service during COVID-19 with EOC and EOC/JIC and supports the EOC with weather-related EOC incidents.

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67 Library
Throughout the course of the pandemic, the Berkeley Public Library (Library) has experienced operational impacts, launched innovative new programs and services, and prepared for reopening and beyond.

Operational Impacts
One significant operational impact related to the pandemic is staffing. At the end of 2019, the Library was in the process of recruiting a significant number of positions but plans had to change with the Shelter-in-Place order and subsequent hiring freeze. Despite having approximately 25 vacancies, the Library deployed almost 40% of all its staff positions to the City’s EOC at the start of the pandemic.

The Library lost additional staff at the end of 2020 and into 2021, sometimes due to changes brought about by the pandemic, other times relating to regular retirements or unrelated conditions. These staffing limitations informed the speed and the extent to which the Library has been able to reopen for indoor service to the community. The Library is continuing its recruitment efforts, but given the substantial level of need coupled with a fixed capacity to recruit, this will take time.

Innovative New Programs and Services
Staff not actively involved in the EOC successfully innovated throughout the pandemic:
• Expanding the e-Library collections, e-resources and online user experience; • Working on creating pandemic-specific policies, procedures and communications for our staff and patrons;
• Offering Outdoor Pickup of Library items, just 3 months after the pandemic and shelter- in-place began for 8 hours a day, 6 days a week (much longer service hours than other neighboring library systems), and
• Pivoting to offer virtual services such as:
o An extremely well-utilized reference call hotline,
o A program for personalized reading recommendations an expanded books-by- mail program, and
o Virtual programming.

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68 The Library continued to offer extensive online programs into 2021, which were very well- received. Online access enabled the Library to expand its reach and facilitated rich participation of guests and panelists in varied events, including:
• Rainbow Sign Panel Discussion, exploring the history and significance of Berkeley’s iconic Black Cultural Center;
• Teen Author Events, supporting the community’s commitment to diverse subjects and genres;
• Children’s Storytimes;
• Book clubs; and
• Educational Programs, ranging from ESL, to tech support, to Business Bootcamp.

Despite the popularity of online programs,
feedback from the public suggested that
people were excited for a return of in-person
programs. Children’s Librarian Michael
Kwende pioneered the beginning of children’s
storytimes in Bateman Mall park near the
Claremont branch, with other library locations
soon following suit. Tarea Hall Pittman South
launched a series of popular how-to programs
outside in front of the Tool Lending Library,
covering topics like bike repair, cooking, and
gardening, and also hosted some outdoor
vaccine clinics. Libraries have hosted outdoor
dance performances, supporting the safe
celebration of events like Latinx/Hispanic
Heritage month.

Reopening and Beyond
Two staff teams worked to plan for reopening buildings to the public, with the extensive help and support of City partners. These teams used guiding values to inform how the Library reopened buildings, by focusing on:
• Centering of staff and patron safety,
• Ensuring sustainability with current staffing levels,

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69 • Offering a variety of valued services across locations, • Supporting equity by providing access to services needed by marginalized communities, and
• Emphasizing access by maintaining the ability to serve people outside if they cannot come into the building.

While preparing for full reopening, in spring 2021, the Library launched a pilot program to lend laptop
computers and mobile Wi-Fi hotspots to Library patrons
for home use. This project enabled those without
access to computers to connect to the internet to access resources. Through a grant from the Library Foundation, the Library purchased 50 Chromebook laptops and Wi-
Fi hotspots to loan to patrons in sets that enabled them to access the kinds of tools they otherwise would have
needed to come to the Library to access.

Part of the team’s work applied the principle of equity and involved outreach to those in the community most in need of these resources, such as seniors, students, parents, lower-income households, and people experiencing housing insecurity. The team created a list of users that would be guaranteed access to these resources before they became available to the general public. The pilot has been extremely successful and the Library is working with the Foundation to expand the program.

The Library phased and staggered the reopening of its buildings to the public for additional services, starting with indoor express services at the North Library location in May. By August, all locations had some indoor services available.

A critical question facing the Library now is when to introduce indoor, in-person programming, given the approach of winter and the reality that the pandemic will continue for the foreseeable future. Patrons continually express the desire for a return to indoor programing and the Library is centering this feedback, while also considering staff bandwidth and capacity limits, staffing levels and service hours.

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70 Parks, Recreation and Waterfront
The Parks, Recreation and Waterfront (PRW) Department has continued to both directly mobilize employees and adapt much of its operational work in response to the pandemic. The below sections describe the operational impacts on each of PRW’s divisions.

Administrative Division
The Administrative Division continues to contribute to the COVID-19 response in a variety of ways, including:
• Implementing department policies and procedures for remote work. • Continuing to support
o Department staff with purchases relating to COVID-19 (e.g., sanitizer, disinfectant, masks, plastic screens, caution tape, signage, handwashing stations, portable toilets, laptops for remote work).
o The EOC with time tracking and cost recovery efforts. • Processing COVID cases and exposures.

Capital Projects Division
The Capital Projects Division has been processing projects and completing projects as scheduled. The Division has hosted multiple ribbon cuttings and groundbreakings in a COVID-safe manner, and continued to implement and enforce Health Officer standards related to construction.

Parks Division
The Parks Division has been focusing on making public spaces safe and clean during the pandemic, including continuing practices initiated in the first year of the pandemic, such as:
• Changing assigned cleanup routes to focus on areas with an increased number of people sleeping and living in parks.
• More frequently checking and emptying garbage cans which were filling more quickly with increased usage of parks and the waterfront.19
19 Garbage cans in Aquatic Park and the Waterfront are not serviced by Zero Waste.

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71 Recreation Division
In the Recreation Division, COVID-related operational impacts included, adjusting and continuing operational responses from the initial year of the pandemic such as:
• Providing building supervision staff for COVID-19 Testing and Vaccination Sites. • Implementing Summer Childcare/Camp/Afterschool Program from June 2020 through the present, following all Health Officer Orders with all operations exclusively outdoors.

This also involved developing a COVID-19 Summer Camp/Afterschool Program staff manual and training program.
• Working with BUSD staff to provide priority scholarships to Berkeley’s Excellent Academic Road to Success (BEARS) afterschool program participants. • Implementing COVID-19 protocols for the Summer Lunch Program that was available at multiple locations throughout the City, such as grab-and-go lunches. • Implementing Aquatics Programming in compliance with Health Officer Order restrictions.
• Providing information to the public about Health Officer Orders. Park monitors have been providing public health information, handing out face coverings, monitoring activity in parks, and tracking face covering usage.
• Making sure groups with field permits are complying with Health Officer Orders. • Running modified special events such as “Movies in the Park”, the Harvest Festival, Mother’s Day celebration, and Halloween events.

Waterfront Division
During the past year, in response to COVID-19, the Waterfront Division has:
• Implemented a payment deferral policy for slipholders and live-aboards experiencing financial hardship due to the impacts of COVID-19.
• Added security cameras throughout berther parking lots to address increased crime since the initial Shelter-in-Place Order was issued.

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72 Planning and Development
Since October 2020, the Planning and Development Department has continued to pivot its operations to comply with the pandemic’s social distancing requirements. Chiefly, the Department has made all permitting services available online and has reopened City offices for in-person visits. The Planning Department continues to maintain a hybrid system, providing both in-person and online services to a range of customers. Additionally, Planning Department staff worked closely with Finance and Information Technology Departments, in conjunction with a technology consultant and third-party vendors, to further expand online services to include:
• Submitting new building permit applications,
• Paying all building permit fees online (expanding to all zoning permit fees in 2022), • Scheduling specific appointments at the Permit Service Center (PSC) online, avoiding lines and wait times,
• Using appointment scheduling software to provide advance appointments for in-person services and to manage walk-in customers by assigning a specified time to meet with a PSC staff member, minimizing wait times inside the PSC, and • Accepting new Land Use project applications and offering other services online, many of which previously required in-office visits.

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73 Police
As described in the previous report, the COVID-19 lockdown period changed the way the Police Department responded to calls, the way it handled arrests and how other essential functions were performed by department staff, some of whom worked remotely. A reduction in call volume20 during the lockdown provided the opportunity to implement hybrid schedules to ensure safety protocols could be met while maintaining adequate resources to address public safety needs. The Police Department also explored utilizing technology to work remotely as well as to increase customer service delivery in a low- to no-contact manner. The Police Department was able to maintain continuity of service throughout the pandemic. Calls for service have continued to rise, as shown in the figure below, as conditions return to a new “normal”.
20 Calls for service in calendar year 2020 were 60,799, down 20% from 2019. See https://www.cityofberkeley.info/Clerk/City_Council/2021/10_Oct/Documents/2021-10- 19_Item_01_BPD_Annual_Report_pdf.aspx
JanuaryFebruary
March April May June July
August
September
OctoberNovemberDecember
0 1000
2000
3000
4000
5000
6000
7000
-35%
-30%
-25%
-20%
-15%
-10%
-5%
0%
5%
10%
15%
20%
2020 2021 % change
20-21
Calls for Service I
ncreasing

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74 Public Works
The Public Works Department’s work on the COVID-19 response activities continues to include both Disaster Service Worker (DSW) deployments to the EOC, as well as many operations within the Department.

Within the EOC, Public Works DSWs had roles in the Plans, Management, Logistics, and Operations Support Sections. The Public Works Traffic Maintenance Unit arranged traffic controls for many testing site operations and vaccination clinics.

Additional Public Works COVID-19 related activities included:
• Facilitating in-depth cleaning and disinfectant after employee COVID-19 exposure; • Upgrading 224 building air filters at 28 separate City buildings to MERV 1321. These 28 City buildings include all fire stations, Civic Center and neighboring City buildings such as 1947 Center St and the Public Safety Building, as well as other field locations such as Animal Control, Corporation Yard, and the Mental Health Clinic, among others;
• Working closely with Neighborhood Services to stand up the Horizon Transitional Village Shelter Program and the Safe Parking and Respite Kickstart (SPARK) Program, which provide 50 beds and 40 parking spots for recreational vehicles (RVs), respectively, at 742 Grayson Street; and
• Working closely with both Neighborhood Services and the Police Department on encampment and recreational vehicle (RV) cleanups.
21 Minimum Efficiency Reporting Values (MERV) is a rating system that indicates the ability of a filter to capture particles. See https://www.epa.gov/indoor-air-quality-iaq/what-merv-rating-1 . Per the CDC’s website, “CDC recommends using the highest efficiency ventilation filters possible, without having detrimental effects on overall HVAC system performance. ASHRAE has similar guidance; however, they recommend a minimum filtration efficiency target of MERV 13, provided there are not substantial negative impacts on the HVAC system performance and occupant comfort.” See https://www.cdc.gov/coronavirus/2019- ncov/community/ventilation.html.

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75 Rent Stabilization Board
During the entire COVID-19 State of Emergency period, demand for Rent Stabilization Board (RSB) services increased significantly. As the legal landscape on eviction restrictions continued to shift in 2021, numerous community members and stakeholders contacted the RSB with more questions than usual due to the increasingly complex intersection between rental housing law and the ever-changing public health crisis. The RSB’s Public Information Unit remains the exclusive unit in the City that has handled all inquiries regarding anti- displacement measures—most notably, the COVID-19 Emergency Response Ordinance (B.M.C. 13.110) —to provide tenants with COVID-related eviction protections.

From October 2020 through September 2021, the RSB refined its service delivery to better harmonize onsite and remote work activities. In order to more nimbly respond to the needs of the public, most RSB staff have maintained a hybrid onsite/remote work schedule. The RSB has met the challenges and uncertainty of this period by prioritizing transparency, clarity and fluidity in all aspects of the Department’s work.

In response to COVID-19, the RSB continued to work closely with other departments on a variety of activities, including:
• Collaborating with the City Attorney's Office regarding anti-displacement laws over which the RSB has traditionally had exclusive domain,
• Communicating with Council regarding proposed changes that serve to strengthen various anti-displacement proposals,
• Continuing to update and maintain current information regarding various State laws that affect rental housing, particularly related to eviction protections; and laws that allow for continued teleconferencing during a time when in-person meetings remain a risk, and
• Consulting with the IT Department to best utilize the City’s network infrastructure in conjunction with a virtual phone system (Grasshopper) to maximize functionality while protecting staff’s personal devices that were also used for remote work.

The RSB pivoted and innovated to address the many operational impacts stemming from the pandemic, including:

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76 • Maintaining and regularly updating COVID-related information online, including a COVID-19 Fact Sheet and a centralized list of resources for Berkeley landlords and tenants,
• Conducting multiple webinars to educate and update the public on rental housing issues with an emphasis on COVID-related impacts,
• Installing an access control system at the RSB’s public entrance to better regulate and comply with the maximum occupancy levels recommended by Cal/OSHA, • Implementing a virtual phone system (Grasshopper) to allow staff to more effectively provide services remotely,
• Expanding contactless payment options by installing a secure drop box to enable drop off of check payments at any time,
• Continuing to provide remote hearings to allow greater flexibility to parties and enable staff to more effectively present exhibits in video format, and • Conducting all public meetings remotely.

Other fiscal and personnel impacts include:
• Increased expenditures for hardware purchases needed to accommodate the hybrid work environment (14 laptops and 13 multimedia monitors), and ongoing subscription fees for online platforms (Zoom and Grasshopper).
• Four full-time employees have resigned during this period, which necessitated ongoing redistribution of work and management structure.
• Due to supply chain issues, multiple staff are still waiting on hardware (laptops, multimedia monitors) needed to effectively perform remote work.

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77 BERKELEY MOVES FORWARD
When the full EOC was mobilized in March 2020, the City’s COVID work was an emergency response. The City worked across departments and together with partner agencies under the EOC structure. The structure ensured our ability to effectively monitor new information about the virus and its impacts to help City leaders make difficult decisions. The EOC structure also enabled the City to quickly ramp up new services to the community, such as providing COVID testing and vaccines, and setting up and maintaining respite sites for the unhoused. The EOC structure also helped the City to communicate consistent and accurate information with the community about the virus and how to stay safe.

Two years into the COVID-19 pandemic, the City’s pandemic response has evolved.

Departments are integrating COVID-19 norms into their day-to-day practices, structures, and policies. Many of our initial questions about COVID –
How does it spread? Who is at greatest
risk? – have been answered. Problems that were once emergencies, requiring new connections, contracts, and support from all levels of government, are now day-to-day practice. Working together, the City as a whole has used its experience to develop tools, processes, and connections that will help to manage the ongoing demands of this virus.

The City’s response must continue to evolve: at this juncture, evolution means shifting the organization’s work out of the EOC structure and into a sustainable, department-led effort.

The City must be ready to continue service to our community in an equitable fashion, even after the emergency response demobilizes.

The Department of Health, Housing and Community Services (HHCS), oversees public health in Berkeley and has provided expert guidance and leadership to help the City navigate the pandemic. HHCS is also the natural home to lead and coordinate ongoing activities to respond to COVID-19 in the community. To that end, HHCS has created a new COVID-19 Response Unit within the Office of the Director. This included hiring additional staff using COVID-19 grant funding as well as integrating COVID-19 policies into health inspections going forward. HHCS will continue to support other City departments in managing COVID-19 for public-facing programs.

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78 All departments, including HHCS, continue to normalize safety measures and precautions which support community and employee safety. Safety measures include continued staff and public masking in City facilities, the City’s employee vaccination mandate, and ensuring the ongoing availability of personal protective equipment (PPE) and sanitization supplies.

Community members see these measures in action when they come to City buildings to receive services, such as from the Permit Service Center, or when they work with City staff in the field, whether its receiving emergency services or participating in a recreation or childcare program.

As the City moves into this new phase of the pandemic, it must continue to respond to and mitigate health inequities that have been further illuminated by COVID-19. To address this, HHCS is implementing an equity-focused campaign to reduce disease spread and address additional health disparities in Berkeley. The approach will focus on providing targeted education and outreach materials, as well as access to treatment and prevention for Berkeley’s most vulnerable populations including people of color, the elderly, and community members with disabilities.

As Berkeley transitions into this new phase, it is well-positioned to shift out of the emergency phase of the COVID-19 pandemic and to continue to build a healthy city. Our recovery from COVID-19 involves the full City team and all community members. The integration of COVID- 19 into the City’s daily work not only keeps all of us safe, but also provides a solid foundation to continue to improve community health and safety as we move into the future.

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79 APPENDIX: POEMS OF THE EOC
Throughout the pandemic, the Emergency Operations Center (EOC) Director, Deputy City Manager Paul Buddenhagen, would close the briefing meeting at the end of an operational period by reading a poem. These poems often reflected the mood of the EOC, providing solace, empathy, and sometimes, hope. The list of poems is included below. •
What Have I Learned by Gary Snyder
• To Be of Use by Marge Piercy
• The Real Prayers Are No the Words, But the Attention that Comes First by Mary Oliver • Perhaps the World Ends Here by Joy Harjo
• Opera Singer by Ross Gay
• Still I Rise by Maya Angelou
• The Writer by Richard Wilbur
• A Center by Ha Jin
• This Is Just to Say by William Carlos Williams
• Hummingbirds by Mary Oliver
• Mr. Grumpledump’s Song by Shel Silverstein
• A Poet and His Baby Son James Weldon Johnson
• Mother to Son by Langston Hughes
• Using Black to Paint Light: Walking Through a Matisse Exhibit Thinking About the Arctic and Matthew Henderson by Robin Coste Lewis
• The Gift by Li-Yong Lee
• The Pandemic Halo by Jim Moore
• One Hundred Love Sonnets: XVII by Pablo Neruda
• Insomnia and the Seven Steps to Grace by Joy Harjo
• October by Louise Glück
• Kindness by Naomi Shihab Nye
• Those Winter Sundays by Robert Hayden
• Bear in Mind by John Martin
• Fire and Ice by Robert Frost
• Whatif by Shel Silverstein
• Happiness by Raymond Carver
• Faith is a Fine Invention and Hope is the Thing with Feathers by Emily Dickinson • I Too by Langston Hughes

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80 • From Blossoms by Li-Young Lee
• Ode to Herb Kent by Jamila Woods
• Poem in Praise of Menstruation by Lucille Clifton
• Invitation by Mary Oliver
• March by James Wright
• Bent to the Earth by Blas Manuel De Luna
• The Greatest Thing Since Sliced Bread is Unsliced Bread by Paul Gillie

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

INFORMATION CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2212 Fifth Street/#LMIN2021-0001

INTRODUCTION
The attached Notice of Decision to disapprove a City Landmark designation is submitted to the Mayor and City Council pursuant to Berkeley Municipal Code (BMC) Section 3.24.160, which states that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has denied a request to grant City Landmark or Structure of Merit status to the property at 2212 Fifth Street.

This action is subject to a 15-day appeal period, which began on January 10, 2022.

BACKGROUND
Regulatory Procedures for City Council Certification of LPC decisions.

BMC/LPO Section 3.24.190 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying Landmark, Structure of Merit or Historic District status. In order for Council to review the decision on its merits, Council must appeal the Notice of Decision. To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by January 25, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must rule on the application within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

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LPO NOD: 2212 Fifth Street/#LMIN2021-0001 INFORMATION CALENDAR January 25, 2022

LPC reviews and hearings for 2212 Fifth Street.

Prior to taking final action to deny this Landmark application, the Commission was asked to consider the merits of the subject property and its potential historical significance on three separate occasions.

On June 3, 2021, Commissioner Finacom submitted materials to LPC that generally described the history and potential significance of the extant building and made a motion to formally initiate the property for Landmark or Structure of Merit (SOM) consideration. The initiation attempt failed when no other Commissioner seconded the motion.

On July 29, 2021, sixty (60) Berkeley residents signed and submitted a Landmark petition for this property along with a Landmark application prepared by Fran Cappelletti of Berkeley Architectural Heritage Association (BAHA). Pursuant to BMC Section

3.24.130, the requisite public hearing to consider the petition occurred on October 6, 2021. Substitute Commissioner Olson moved, and Commissioner Finacom seconded, an action to grant SOM status to the property upon recommendation from staff. The motion failed with a vote of 2-6-0-1 (Yes: Finacom, Olson; No: Adams, Enchill, Leuschner, Montgomery, Schwartz, Twu; Absent: Crandall). Those against the motion made the following statements prior to voting:
 Structure of Merit status would overstate the evident value of the building’s design and significance.
 Rather than contributing to the neighborhood fabric and its surroundings, the extant structure is an anomaly within its built context.  The building’s design is far less compelling than the glassblock industrial buildings that are prominently featured in the immediate vicinity of the property.  The Spear House at 1905 MLK Jr. Way has a primary association with the historical figure Charles Spear and, in part for this reason, was granted Landmark status in 2017; by comparison, the subject building has only a liminal association with Spear.

On November 3, 2021, the hearing continued and the Commission took final action to deny the Landmark application request upon finding the property lacking in the areas necessary to demonstrate historical significance (see Attachment 1, Findings for Denial). Vote to disapprove the designation request: 7-1-1-0 (Yes: Adams, Crandall, Johnson, Leuschner, Schwartz, Thagard, Twu; No: Finacom; Abstain: Enchill; Absent:
none).

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LPO NOD: 2212 Fifth Street/#LMIN2021-0001 INFORMATION CALENDAR January 25, 2022

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers. The denial of this request is not expected to result in negative impacts to the environment.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, 510-981-7534 Steven Buckley, Land Use Planning Manager, Planning & Development Department, 510-981-7411
Fatema Crane, Landmarks Preservation Commission Secretary, Planning & Development Department, 510-981-7410
Attachments:
1: Notice of Decision – #LMIN2021-0001 at 2212 Fifth Street

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Attachment 1, part A

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: November 3, 2021
DATE NOTICE MAILED: January 10, 2022
APPEAL PERIOD EXPIRATION: January 25, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): January 26, 20221 2212 Fifth Street
Landmark application (#LMSAP2021-0001) for consideration of City Landmark or Structure of Merit designation status for a residential property.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, DENIED the following permit:
 City Landmark or Structure of Merit designation status, pursuant to Berkeley Municipal Code Section 3.24.110.A-B
APPLICATION AUTHOR: Fran Cappelletti, Berkeley Architectural Heritage Association, P. O.

Box 1137, Berkeley, CA
ZONING DISTRICT: Mixed Use-Residential (MU-R) Zoning District ENVIRONMENTAL REVIEW STATUS: Exempt from review pursuant to CEQA Guidelines Section 15061(b)(4).

The application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications

FINDINGS ARE ATTACHED TO THIS NOTICE
1 Pursuant to BMC Section 23B.32.090, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
City Landmark designation status - #LMIN2021-0001
2212 Fifth Street
January 25, 2022

COMMISSION VOTE: 7-1-1-0
YES: ADAMS, CRANDALL, JOHNSON, LEUSCHNER, SCHWARTZ, THARGARD, TWU
NO: FINACOM
ABSTAIN: ENCHILL
ABSENT: None
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the Commission made under the provisions of Chapter 3.24.

2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.

If no appeal is received, the landmark designation will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
City Landmark designation status - #LMIN2021-0001
2212 Fifth Street
January 25, 2022

1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must including the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
City Landmark designation status - #LMIN2021-0001
2212 Fifth Street
January 25, 2022

PUBLIC COMMENT:

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.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected] or [email protected] ATTACHMENTS:

1. Findings for Denial

2. Landmark application
ATTEST: _________________________
Fatema Crane, Secretary
Landmarks Preservation Commission
Cc: City Clerk
Fran Cappelletti, BAHA, application author
Steelwave/W-S WBLS East Owner IX LP, 999 Baker Way #200, San Mateo, CA, property owner

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A t t a c h m e n t 1 , p a r t B
F i n d i n g s f o r D e n i a l
NOVEMBER 4, 2021
2212 Fifth Street – The Montgomery-Spear House
City of Berkeley Landmark Application #LMIN2021-0001

PROJECT DESCRIPTION
City Landmark or Structure of Merit designation of the property at 2212 Fifth Street [APN 056- 1958-004-00] – The Montgomery-Spear House

CEQA FINDINGS

1. An action to deny and/or disapprove a project is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.), Guidelines Section 15061.b.4 for Review of Exemptions – rejection or disapproval.

LANDMARK PRESERVATION ORIDNANCE FINDINGS

2. Pursuant to Berkeley Municipal Code (BMC) Sections 3.24.110 and 3.24.150, the Landmarks Preservation Commission disapproves the request to grant City Landmark or Structure of Merit (SOM) status to the subject property. The Commission takes this action after due consideration of the application and the general designation criteria, and finding that this property lacks historical significance in a manner and to a degree that warrant designation as a Landmark or SOM.

3. Specific to the criteria for City Landmark designation under BMC Section 3.24110.A, the Commission finds that: the extant structure may be among the oldest in West Berkeley and yet it is not the most significant in Berkeley or the neighborhood where more distinctive and significant structures are located and have been granted designation status; the building lacks character-defining features of residential Italianate Victorian architectural design and is not an exemplar of the style; the property adds no exceptional value to the West Berkeley neighborhood fabric; for these reasons, it does not meet the designation criteria for architectural merit.

4. Related to the remaining criteria for SOM designation under BMC Section 3.24.110.B, the Commission finds that the property is not worthy of preservation regardless of its age because it lacks distinction for its design and historical associations. For these reasons, it does not contribute to the significance of existing resources and City Landmarks in the area. The building form is an anomaly in its built context and does not contribute to the continuity or aesthetic coherence of the neighborhood or street frontage.

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City of Berkeley Ordinance #4694 N.S.

LANDMARK APPLICATION
Montgomery-Spear House
2212 Fifth Street, Berkeley, CA 94710
Land Use Planning
Received
July 29, 2021
Attachment 1, part C

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2 1. Street Address: 2212 Fifth Street
County: Alameda
City: Berkeley
Zip Code: 94710

2. Assessor’s Parcel Number: 56-1958-4
Tract: Tract B, Berkeley Land and Town Improvement Association Dimensions: 50 feet x 125 feet
Cross Streets: Bancroft Way, Allston Way

3. Is property on the State Historic Resource Inventory? Yes, Status Code 3S Is property on the Berkeley Urban Conservation Survey? Yes Form #: 19772

4. Application for Landmark includes:
a. Building(s): Yes Garden: No Other Feature(s): No
b. Landscape or Open Space: No
c. Historic Site: No
d. District: No
e. Other: Entire Property

5. Historic Name of Property: Spear House

6. Date of Construction: 1877
Factual: Yes
Source: Newspaper announcement, Berkeley Advocate, February 2, 1878.

7. Architect: Unknown

8. Builder: Berkeley Real Estate Union

9. Style: Italianate Victorian

10. Original Owners: Charles Montgomery
Original Use: Single Family Residence

11. Present Owners: W-SW WBLS EAST OWNER IX LP
Present Occupant: None

12. Present Use: Vacant
Current Zoning: MUR

13. Present Condition of Property:

Exterior: Fair to Poor, Interior: Unknown, Grounds: Fair to Poor Has the property’s exterior been altered? Yes

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3 14. DESCRIPTION
The house is an Italianate Victorian, built in 1877, comprising two stories of wood-frame construction. The exterior was later covered in pink asbestos shingles. The doorways and windows are currently boarded up, and a locked chain-link fence surrounds the property.

The roof eaves are closed, and the gables are trimmed with wide frieze board and gable-end returns.

There is a front entrance with a bracketed porch overhang on the right side of the front façade.

The doorway is covered with boards, but photos from 2016 show a double door with long arched glazed panels over square framed wood panels.

Daniella Thompson, 2006

Fran Cappelletti, 2021

Fran Cappelletti, 2021

Google Maps, 2016

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4 On the left side of the front façade, a two-story-high, three-faceted bay contains four tall, narrow, double-hung windows at each level. It is ornamented with a corbeled entablature. A single, wood frame, double-hung window is on the right side of the front façade.

On the north side of the main gable a
wood framed two-over-two double-hung
window appears to be on the upper floor
and a boarded over window on the lower
floor cannot be verified. There is one
window on the first floor at the rear of the
main gable. On the rear gable, two wood
frame windows are on the north side and
three more at the rear.

Fran Cappelletti, 2021

Fran Cappelletti, 2021

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5 The rear gable upper floor window shows signs of change or replacement with some of the asbestos shingles removed
above and below.

On the south side of the main gable, a wood frame double- hung window is on each floor. Wood frame windows are also on the east and south sides of the side gable on each floor. The lower floors are boarded over.

307
6 The building is massed with a large main gable facing the street, a cross gable facing south, and a lower two-story gable-roofed wing facing west. At the southwest corner, a one-story, hip- roofed addition is tucked between the west and south wings.

Existing roofing is composition shingle with a chimney
projecting from the central roof.

Permit records indicate that the house was converted to two units around 1940, and a concrete foundation was added in 1953. A garage was added in 1945, but no longer exists.

The Montgomery-Spear House is located on the west side of Fifth Street, between Bancroft and Allston Ways in West Berkeley. The site is part of Tract B of the Berkeley Land and Town Improvement Association.

It is the only remaining residential property on the block, with parking lots to the north and west and industrial buildings and warehouses filling the rest. Nearby blocks are occupied by a Northern portion of Block 1958, Alameda County Assessor Google Maps, 2021 Google Maps, 2021

308
7 mix of retail, industrial and residential properties. Railroad tracks, Interstate 80 and San Francisco Bay are a few blocks to the West and University Avenue is two blocks north.

Directly across the Fifth street are residential and commercial properties, including the former West Berkeley Macaroni Factory, designated a City of Berkeley Landmark, Structure of Merit, in January 1991 and restored in 1994.1

1 Daniella Thompson, Simone Marengo gave Berkeley macaroni, Berkeley Daily Planet, September 7, 2007 at http://berkeleyheritage.com/berkeley_landmarks/marengo.html .

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8 The Montgomery-Spear House dates to the early development of West Berkeley as it became part of a larger Berkeley. The 1880 Map of Berkeley, published by Carnall & Eyre, shows the site in a growing Town of Berkeley, near the Standard Soap Factory, railroad and wharves.

Map of Berkeley.

Published by Carnall &
Eyre, dealers in
Berkeley Real Estate.

Compiled by Joseph
Smith, Oakland. From
the records of
Alameda Co., Cal.

Lith. A. Waldstein, S.F.
(1880)
A drawing of the view from that era shows another perspective.

A view of the Standard Soap Works and surrounding area, West Berkeley (illustration by Van Wyck)

310
9 By 1903, the house remains the largest on 5th Street, between the West Berkeley Rose Nursery and empty lots, already a mix of residential and commercial uses.

By 1911, additional development included more housing and the West Berkeley Macaroni Factory, continuing a tradition of mixed use.

Sanborn Fire Insurance Map from
Oakland, Alameda County, California.

Sanborn Map Company, Vol.3, 1903. Map.

Retrieved from the Library of Congress,
<www.loc.gov/item/sanborn00727_004/>.

Sanborn Fire Insurance Map from Berkeley,
Alameda County, California. Sanborn Map
Company, ; Vol. 1, 1911. Map. Retrieved
from the Library of Congress,
<www.loc.gov/item/sanborn00419_002/>.

311
10 Decades later, as the following photo indicates, the Montgomery-Spear House and neighboring nursery remained. Industry expanded nearby, along with residential development.

2212 Fifth St. (left).
(Ormsby Donogh
files, BAHA archives)

312
11 Cared for and occupied for many years, it was left vacant, boarded up and fenced for the past several years. As images from the various years show, the general condition has declined while the primary features remain in place.

Daniella Thompson, 2006

Historic Resources Inventory, 1979

2008

2016

313
12 Features to Be Preserved
The distinguishing features of the Montgomery-Spear House include the following:

Front, rear and south gables.

Entry with bracketed porch overhang.

Entrance Door.

Two-story angled bay window with corbeled entablature.

Front and side windows, subject to further review and evaluation.

2018

2019

314
13 15. History
The Ohlone Period
Before the arrival of Europeans, the Native Americans living in today’s Berkeley and the East Bay were part of a larger group that lived for thousands of years from the San Francisco Bay to Monterey. The Spanish referred to them as Costanoan or ‘Indians of the coast’ and they were later called Ohlone. Made up of distinct groups, they had similar languages and cultures. Physical evidence of their presence in Berkeley remains , most notably the famous and recognized Berkeley S hellmounds a few blocks from 2212 Fifth Street.

European arrival brought disease and displacement, with much of the population pulled into the local Missions by the early 1800s. Despite the many hardships and being labelled extinct, descendants remain throughout the San Francisco Bay Area , active in preserving their name, culture, and history.

Rancho San Antonio
According to M.W. Wood’s History of Alameda County , California, the Rancho San Antonio, a nearly 45-thousand-acre Spanish land grant, was made to Luis María Peralta by Spanish governor Pablo Vicente de Sol on August 16, 1820. Peralta had served forty years in the Spanish military. The grant included present -day Albany, Berkeley, Oakland, and northern San Leandro. In 1842, he divided the land among his four sons.

One of them, Domingo, would receive all of what is present -day Albany and Berkeley and a small portion of northern Oakland. He built an adobe house in 1841 at the present-day site of 1304 Albina and it is a California point of historic interest.

According to the Peralta Family History 2, annexation of California by the United States in 1848 and the Gold Rush of 1849 brought significant change. While the Peraltas and their fellow Californios were promised recognition and protection of their property rights, squatters on the land and theft of cattle became a problem as new settlers arrived from around the world. A further burden came with the 1851 U.S. Federal Land, which required the Californios to prove their land titles in court, requiring much time and expense. In 1852-1853, Domingo started selling parcels of his land, mostly to pay off debts. The parcels were defined on a map surveyed by Julius Kellersberger, hired to survey the northern part of Rancho San Antonio. Surveyed in 1853, the map covers

2 See http://www.peraltahacienda.org .

315
14 Albany, Berkeley, Emeryville, and part of Oakland. This view of the parcels shows the site of the building in No. 63.

Ocean View
In 1850, early settlement included James Jacob s with his boat landing and Captain William Bowen’s Inn. There soon followed John Everding and A.A. Rammelsburg’s Pioneer Starch Works and Grist Mill and Heywood’s lumber yard. Residents moved in, primarily foreign-born immigrants and second-generation Americans. Growth was not dramatic until the 1873 establishment of the new campus of the University of California.

In 1874, the area was part of the Berkeley Land and Town Improvement Association.

This was organized by neighborhood leaders to facilitate the further development of Ocean View, with wharf and ferry services and industrial growth. This development, along with the University, led to new factories and a ten -fold increase in population.

For a comprehensive history of Ocean View, see Victorian Berkeley: The Community of Ocean View, Karen Jorgensen-Esmaili and The Berkeley Historical Society, 1981.

With the joining of the two distinct communities as Berkeley in 1878, further growth followed, but the differences remained, and today’s common label of West Berkeley was already established.

Map of the Ranchos of Vincente & Domingo Peralta. Containing 16970.68 Acres. Surveyed by Julius Kellersberger, 1853.

Courtesy of Barry Lawrence Ruderman Antique Maps, Inc. http://www.raremaps.com

316
15 Owners and Residents
1877–1878: Charles Montgomery
On 2 February 1878, the Berkeley Advocate announced that “the three fine houses built by the Berkeley Real Estate Union, and situated nearly opposite the [Standard] soap factory have been sold to a Chicagoan, who intends to make his home in Berkeley.” The man who bought the three houses was one Charles Montgomery, a speculator who never became a Berkeley resident. 1879–1881: Three Owners
By the following year, Montgomery sold the houses to three different men, speculators like himself, each turning over the properties within a year to other buyers. Tax assessment records show them successively as G.W. Hazelton, J.J. Perkins and F. Clay.

Pre-dating numbered addresses, John J. Perkins is listed as a resident on the west side of Fifth, between Allston and Bancroft, in the 1880 and 1881 Berkeley Directories. His occupation is noted as real estate.
1882–1887: Walter Minturn Heywood
Walter Minturn Heywood (1854–1924) was Zimri Brewer Heywood’s son by his fourth wife. A realtor, he assisted his elder half-brother, William Brewer Heywood, in administering their father’s estate. In addition, he acted as chief engineer of the West Berkeley Volunteer Fire Department. In the mid-1880s, he served in the State Assembly, representing Alameda’s 54th district.

Approximately 1887 to 1905: Charles Henry Spear
A comprehensive history of Mr. Spear and the neighborhood is documented by Daniella Thompson in her article, A Tale of Two Mystery Houses and One Politician3, summarized below.

In 1889, the Berkeley directory first listed Berkeley’s town clerk, Charles H. Spear, as living at 2212 Fifth Street. He may have rented the house in 1887, after marrying Tillie Rose Guenette (1870–1952), daughter of pioneer West Berkeley blacksmith and wagon-maker Peter Guenette.

Spear’s widowed mother Elizabeth lived with the couple, and the house was registered in her name when the Spears purchased it in 1890 or ’91. In its dozen years of existence up to that point, the house had eight successive owners, of whom the Spears were the very first to occupy the premises. Their three children were born here between 1887 and 1891.

3 http://berkeleyheritage.com/eastbay_then-now/spear.html

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16 Charles Henry Spear (1862–1928) was born in Sonora, Tuolumne County, to Bostonian parents.

His father, Frederick Augustus Spear, ran a pharmacy there until 1864, when he was appointed druggist to the State Insane Asylum in Stockton. Eventually the Spears moved to Oakland, and in 1882 they arrived in West Berkeley, where Frederick opened a drugstore on the corner of University Avenue and Fifth Street. He died in 1885.

By 1892, Charles Spear was a notable enough figure to merit a biography in The Bay of San Francisco (Lewis Publishing Co.). He would be the subject of many others in the future, but this version is probably the most accurate:

Charles H. Spear was educated in the schools of Stockton until 1876, when on the removal of the family to Oakland, he went to work in San Francisco as messenger for the Western Union Telegraph Company, and some two years later as collector for the Wheeler & Wilson Sewing Machine Company with whom he remained nearly three years. In 1881 he worked for L. M.

McKenney & Co., directory publishers, and in 1882 went to Sacramento, where he spent nearly two years as bookkeeper for the H. T. Holmes Lime Co. He was Assistant Postmaster of West Berkeley in 1884, and Postmaster in 1885, conducting also a drug, book and stationery store. In 1885, in partnership with John Rooney, under the style of Rooney & Spear, he also carried on a general store. In 1887 he bought out his partner, and in 1888 sold out all his trading interests.

Meanwhile he had been elected Town Clerk, in 1886, entering on the discharge of his official duties in May of that year; and he has been re-elected to that office every year since.

Spear’s seven-year stint as town clerk ended in May 1893. He went into the real estate business and the following year was elected Alameda County recorder. In February 1900, California governor Henry T. Gage appointed him port warden in San Francisco. The appointment reflected Spear’s intensive involvement in Republican politics.

In addition to being a member of the Berkeley Republican Club’s executive committee and a trustee of the West Berkeley Improvement Club, Spear also co-managed the 1900 congressional campaign of Alameda County assessor Henry P. Dalton, a friend and associate of former Oakland mayor Dr. George C. Pardee. (Dalton was plagued by scandals throughout that year and lost the election. In 1911 he would be convicted of bribery and imprisoned at San Quentin, a few cells away from Abe Ruef, who was serving 14 years in connection with the San Francisco graft cases.)
In 1902, Spear acted as chairman of the state’s Republican campaign committee, which helped put Pardee in the governor’s mansion. The reward was not long in coming: on 25 March 1903, Spear came into “possession of the honors and emoluments attaching to the office of president, State Board of Harbor Commissioners,” as the San Francisco Call succinctly put it. Despite its title, the board’s power was confined to the port of San Francisco, which was owned and managed by the state.

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17 Charles and family, including his mother Elizabeth, were last listed at 2212 Fifth Street in Berkeley’s 1905 Directory and they all moved to their new house at 1905 Grove Street that same year. Built in an elaborate Colonial Revival style, this new location was a showplace and the center of much political activity. This Charles H. Spear House was designated a City of Berkeley Landmark in 2017.

After his move from 2212 Fifth Street, midway through his four-year term, Spear had to confront the supreme challenge of dealing with the devastation wreaked by the 1906 earthquake and fire. He passed with flying colors, according to the report of Commander Charles J. Badger of the U.S. Navy, who was in charge of the flagship Chicago and of the Sixth Marine District of San Francisco. “Spear,” wrote Badger, “immediately responded and his intimate knowledge of all the details of water-side affairs, his wide acquaintance with the local business community, his energetic endeavors to restore normal business conditions in the shipping district in the shortest possible time and his sound and loyal assistance merit the highest praise.”
Only after Spear’s term ended did it come to light that his administration was not without internal problems. In February 1907, the U.S. Treasury Department asked for the resignation of the port’s deputy surveyor and its customs appraiser on grounds of bad bookkeeping. It was further revealed that “bickering is constant between various departments, the heads of which are barely on speaking terms with each other.”
Having returned to the private sector, Spear busied himself with real estate investments. The family was now ensconced in a large and handsome new house at 1905 Grove Street. Built in an elaborate Colonial Revival style, it was a showplace and the center of much political activity.

In 1909, Spear was a mayoral candidate in the Berkeley elections but was soundly trounced by Beverly L. Hodghead of the Good Government League. This rivalry did not prevent Spear from joining mayor Hodghead in opposing a proposed annexation of Berkeley to Oakland. On 26 August 1910, the Oakland Tribune reported that “Charles H. Spear is opposed to consolidation because he does not wish to see the pure, ideal government of Berkeley swallowed up in the Babylonian wickedness of Oakland.” The initiative went down to defeat at the ballot box on 15 September 1910, with Berkeley casting 4,009 to 1,402 votes to reject consolidation. West Berkeley was the only district that voted for annexation.

In 1923, Spear was a member of the campaign committee to institute a council-manager form of government, which Berkeley adopted that year. Also in 1923, Spear was reappointed president of the State Board of Harbor Commissioners, this time by governor Friend W. Richardson. He retired in 1925 after accepting the position of harbor manager in Los Angeles.

After suffering a heart attack in February 1927, Spear resigned from his Los Angeles job.

Returning to Berkeley, he and Tillie lived in a suite at the Whitecotton (Shattuck) Hotel until his death on 7 March 1928. Two days later, he was buried with Masonic rite in Mountain View

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18 cemetery. Among his honorary pall bearers were San Francisco mayor James Rolph, Jr. and former California governors Pardee and Richardson.

The Charles H. Spear House was designated a City of Berkeley Landmark on 6 July 2017. It is listed in the California State Historic Resources Inventory. 1906 to 1936: The Kelling and Hildebrand Families
After the Spears moved on, the Kelling family moved in for the next few decades. They were a large family with siblings and their children residing here at various times, according to local directories. Tax assessments show Henry listed as owner for 1906 through 1910, followed by his sister Catherine who was granted the property after Henry died in 1911. For 1909 and 1910, records show Henry, Richard and Trinie at the address and Catherine had used the name Trinie, Trinidad and Terena over the course of her life.

Their parents were Henry and Mary, or Santos, Kelling. Henry was a native of Germany and Mary was born in Chile. They also had two more sons, John and Louis, and the family lived in San Francisco in the 1800s.

After Henry’s death, Catherine and Richard lived at 2212 Fifth Street and Richard continued to live there after Catherine died in 1921. Richard was a bartender.

By 1923, residents included Richard, along with George and Rudolph Hildebrand, sons of George and Anita, who had been married to John Kelling.

Until at least 1928, Richard and the Hildebrands remained at 2212 Fifth Street, with the Hildebrands staying on into the middle 1930s.

In 1933 Mrs. Hildebrand received honorable mention in a Christmas Tree contest sponsored by the Oakland Tribune and their daughter Anita Hildebrand, 22 years old announce her wedding.

George and Anita remain remained listed in directories at 2212 Fifth until at least 1936. 1940s to 2006: Van Tuyl, Jimenez and Bernal
A 1940 voter registration list and 1941 Directory show 2212 Fifth as the residence of Charles and Mary Van Tuyl. He was a laborer and she was reported as housewife.

By 1945, the property was owned by Merced and Sally Jimenez.

The Bernal family acquired the property in 1947, retaining ownership until 2006 .4 Directory searches show the following:

Araceli S Cabrera, 1988

4 Minor, 26.

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19 Sally Cabrera,1990
Peter and Larry Cabrera, (Nasario, Jesus and Conceptio Bernal), 1993-1994 2006 to 2021: Herst Family Trust
The property was sold in 2006 to the Herst Family Trust, including Doug Herst, who inherited the family’s Peerless Lighting company. This company had an impressive and long history in the neighborhood. More on Mr. Herst was posted in a BAHA news blog on the Measure R campaign by Daniella Thompson in 2010.

Doug Herst, who also contributed $1,000, is a lighting industry veteran. His family founded Peerless Lighting in 1892, and Herst managed the company from 1965 until his retirement in 2006. Upon his retirement, Herst turned his attention to property development in Berkeley. Currently he is chairman and CEO of Herst Ventures, Inc. and working with Darrell de Tienne on a planned work-live development called Peerless Greens. Like a number of other Yes on R contributors, Herst is a generous donor to the Berkeley Repertory Theatre—the Rep’s 2009 annual report places him in the Presidents category ($3,000–$5,999).

Further details on this ambitious plan to rezone and redevelop blocks, including 2212 Fifth Street were described in the Berkeley Daily Planet on September 26, 2006. It included corporate, retail, condo and artist space, but also required rezoning and variances.5 The project did not move forward, but similar efforts in the neighborhood were part of Measure T in 2012 to amend the West Berkeley Plan (“Plan”) and the Zoning Ordinance to allow more flexibility in development of large parcels in West Berkeley that are under the same ownership, if they are approved through the Master Use Permit (“MUP”) process. It was an active campaign with editorials for an against. 6 The measure was defeated by 512 votes due to the large margin against it in West Berkeley.7
2021: Current Owner W-SW WBLS EAST OWNER IX LP
This mysterious alphabetic combination is a California Foreign Limited Partnership, with a mailing address in of all places, Chicago8. It is an ironic twist as the first owner was the absentee Charles Montgomery from Chicago and this mysterious entity from Chicago may be filling the

5 Richard Brenneman, Major West Berkeley Development Project Unveiled, The Berkeley Daily Planet, September 26-28, 2006, 1.
6 Becky O’Malley, Following the Money Behind Berkeley Ballot Measures, The Berkeley Daily Planet, October 12, 2012.
7 Rob Wrenn, 2012 Election in Berkeley: West Berkeley Voters Provide Measure T’s Margin of Defeat, The Berkeley Daily Planet, November 23, 2012.
8 https://www.bizapedia.com/ca/w-sw-wbls-east-owner-ix-lp.html . However, application document also shows a San Mateo, CA mailing address.

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20 same role. Perhaps not so mysterious is Steelwave, LLC, the firm developing the block as part of or for W-SW WBLS East Owner IX LP. As they describe themselves,

SteelWave, a privately held full-service creative life science, creative office and industrial real estate management, operating company and investment management firm.

We create spaces focused on elevated and exceptional user experiences achiev ed through unparalleled design and detailed execution that conjure creativity, flexibility and invigorate collaboration. SteelWave and its predecessor companies, Legacy Partners Commercial and Lincoln Property West, have been active in commercial real est ate for 49 years. We’ve built a reputation for successful execution by sourcing sound investments in our 7 key markets: Northern California, Southern California, Denver, Seattle, Portland, Texas and Phoenix. As a vertically integrated leader in the industr y, we source, entitle, design, finance, develop, renovate, lease, manage and sell real estate investments on behalf of many well -known institutional clients.

Since its inception, the SteelWave team has acquired, developed or managed 6,000 multifamily units, 61.3M SF of industrial product and 38.45M SF of office product across our Western United States target markets at a combined cost of over $11.8 billion. 9 Related to this application, their plan is to replace the Montgomery-Spear House with a parking garage.

9 https://www.steelwavellc.com/about/who-we-are/

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21 16. Significance
From Chapter 3.24 of the Landmarks Preservation Ordinance:

3.24.110 A. Landmarks and historic districts. General criteria which the commission shall use when considering structures, sites and areas for landmark or historic district designation are:

1. Architectural merit:
a. Property that is the first, last, only or most significant architectural property of its type in the region;
b. Properties that are prototypes of or outstanding examples of periods, styles, architectural movements or construction, or examples of the more notable works of the best surviving work in a region of an architect, designer or master builder; or
c. Architectural examples worth preserving for the exceptional values they add as part of the neighborhood fabric.

2. Cultural value: Structures, sites and areas associated with the movement or evolution of religious, cultural, governmental, social and economic developments of the City;

3. Educational value: Structures worth preserving for their usefulness as an educational force;

4. Historic value: Preservation and enhancement of structures, sites and areas that embody and express the history of Berkeley/Alameda County/California/United States.

5. Any property which is listed on the National Register described in Section 470A of Title 16 of the United States Code.

Under 3.24.110 A.1. a., the Montgomery-Spear House qualifies Such a conclusion is supported in writing by architectural historians10. It is one of the earliest structures in this part of West Berkeley and the last remaining here.

Under 3.24.110 A.1.b., the Montgomery-Spear House qualifies as a significant and meaningful example of a two-story Italianate Victorian. Specific features include the entry, two-story-high, three-faceted bay window, gables, overall massing and size. The property is an outstanding example from its period, style and architectural movement.

Under 3.24.110 A.2, the Montgomery-Spear House qualifies for its cultural value and under

3.24.110 A.4 for its historic value.

Culturally and historically, it was the early home of civic leader Charles H. Spear. During his time at 2212 Fifth Street, he served as Berkeley Town Clerk, Alameda County Recorder, port warden in San Francisco and President of the State Board of Harbor Commissioners. Spear was

10 See Thompson article, 2007, Cultural Resources Assessment by Minor, 2019 and City of Berkeley Historic Evaluation by Preservation Architecture, 2020.

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22 also active in political campaigns, from co-managing a Congressional campaign to serving as chairman of the state’s Republican campaign committee.

By the time of the San Francisco Earthquake and Fire, the house was the home to the Kellings, an extended family with roots in the pioneer days of San Francisco. The Bernals came later, staying the longest of all. Recent ownership by the Herst Family Trust, long-time owners of the nearby Peerless Lighting site, provides insight on the saga of development and the complicated debates over it in West Berkeley.

Such a history spans the entire timeline of the City of Berkeley, from the eve of its incorporation to the present day.

While the building has seen change in recent
history, the overall appearance has not changed
significantly and the building retains several
important features, hidden and in plain sight,
that can still be preserved.

Historic Value: City Yes Neighborhood Yes
Architectural Value: City Yes Neighborhood Yes

17. Is the Property Endangered? Yes

18. Photographs
Daniella Thompson (Exterior Views, 2006)
Fran Cappelletti (Exterior Views, 2021)
Ormsby Donogh files, BAHA Archive
Google Maps (2008 through 2021)

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23 19. Bibliography
Historical Overview of Building Permit History and Use, Cultural Resources Assessment, Peerless Greens Project Site, Berkeley, CA; Woodruff Minor; rev. October 2019.

State of California, Department of Parks and Recreation, Primary Record, 2212 Fifth Street, Berkeley, California, Preservation Architecture, November 23, 2020.

State of California, Department of Parks and Recreation, Historic Resources Inventory, Stephanie Manning, March 9, 1979.

A Tale of Two Mystery Houses and One Politician, Daniella Thompson, November 13, 2007, http://berkeleyheritage.com/eastbay_then-now/spear.html .

Orchids and Industry Thrived side-by-side in Berkeley, Daniella Thompson, September 18, 2007. http://berkeleyheritage.com/eastbay_then-now/carbone.html .

Census and Directory Searches; Ancestry.com, San Francisco Public Library, Berkeley Architectural Heritage Association.

Following the Money Behind Berkeley Ballot Measures, The Berkeley Daily Planet, October 12, 2012 at https://www.berkeleydailyplanet.com/issue/2012-10- 12/article/40324?headline=Following-the-Money-Behind-Berkeley-Ballot-Measures--By-Becky- O-Malley.

Simone Marengo gave Berkeley macaroni, Daniella Thompson, Berkeley Daily Planet, September 7, 2007 at http://berkeleyheritage.com/berkeley_landmarks/marengo.html .

20. Recorder: Fran Cappelletti Date: July 29, 2021
Organization: Berkeley Architectural Heritage Association

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

INFORMATION CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 1120 Second Street/#LMSA2021-0001

INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk, and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for new signage at the subject City Landmark site. This action is subject to a 15-day appeal period, which began on January 10, 2022.

BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. In order for Council to review the decision on its merits, Council must appeal the Notice of Decision. To do so, a Councilmember must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by January 25, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must rule on the application within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

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LPC NOD – 1120 Second Street/#LMSA2021-0001 INFORMATION CALENDAR January 25, 2022

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, 510-981-7534 Steven Buckley, Land Use Planning Manager, Planning & Development Department, 510-981-7411
Fatema Crane, Landmarks Preservation Commission Secretary, Planning & Development Department, 510-981-7410
Attachments:
1: Notice of Decision – #LMSA2021-0001, 1120 Second Street/The City Landmark Municipal Incinerator structure.

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Attachment 1, Part A

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: October 7, 2021
DATE NOTICE MAILED: January 10, 2022
APPEAL PERIOD EXPIRATION: January 25, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): January 26, 2022 1 1120 Second Street – The City Landmark
Municipal Incinerator Site
Structural Alteration Permit (#LMSA2021-0001) to install new signage on a property that features a City Landmark structure.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:

PERMITS REQUIRED:
 Structural Alteration Permit, pursuant to Berkeley Municipal Code Section 3.24.200 APPLICANT: Craig Yeszin, Tracy Sign Inc., 3771 West 11TH Street, Tracy CA ZONING DISTRICT: Manufacturing (M)
ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines (Historical Resource Rehabilitation).

The application materials for this project are available online at:
1 Pursuant to BMC Section 23B.32.090, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structural Alteration Permit - #LMSA2021-0001
1120 Second Street – The City Landmark Municipal Incinerator Site January 25, 2022

http://www.cityofberkeley.info/zoningapplications

FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 6-0-0-3
YES: ADAMS, ENCHILL, FINACOM, JOHNSON, LEUSCHNER, MONTGOMERY NO: NONE
ABSTAIN: NONE
ABSENT: CRANDALL, SCHWARTZ, TWU
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the Commission made under the provisions of Chapter 3.24.

2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.

If no appeal is received, the landmark designation will be final on the first business day

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structural Alteration Permit - #LMSA2021-0001
1120 Second Street – The City Landmark Municipal Incinerator Site January 25, 2022

following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must including the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

331

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structural Alteration Permit - #LMSA2021-0001
1120 Second Street – The City Landmark Municipal Incinerator Site January 25, 2022

PUBLIC COMMENT:

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.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., between 8 a.m. and 4 p.m., Monday through Friday, except Tuesday when the Center closes at 3PM.

ATTACHMENTS:

1. Findings and Conditions

2. Project Plans

3. Material Board
ATTEST: _________________________
Fatema Crane, Secretary
Landmarks Preservation Commission
Cc:

City Clerk
Applicant: Craig Yeszin, Tracy Sign, Inc., 3771 West 11TH Street, Tracy, CA Property Owner: Public Storage, 701 Western Avenue, Glendale, CA

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A t t a c h m e n t 1, Part B
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1120 Second Street
Signage Alteration Permit #LMSA2021-0001
To install new signage on a property that features the City Landmark Municipal Incinerator structure.

CEQA FINDINGS

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 153331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project will not affect any historical resource.

SECRETARY OF THE INTERIOR’S STANDARDS FINDINGS
Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:

1. The subject property features the historic incinerator building which was used as a slaughter house during its historic period; the property and building were subsequently converted to use as a self-storage facility in 1985. The proposed signage at this site will not change or affect the historic use because it no longer exists. The introduction of new signage on the non-historic buildings at this site will not change the distinctive materials, features, spaces or spatial relationships of the historic incinerator building.

2. The historic character of the property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided with installation of new signage on the non-historic buildings.

3. This property will continue to be recognized as a physical record of its time, place, and use as a result of the approved project. No changes that would create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will be undertaken.

4. No changes to this property that have acquired historic significance in their own right are proposed.

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1120 SECOND STREET SIGNAGE ALTERATION PERMIT - Findings and Conditions

5. This project will not affect distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize this property.

6. No deteriorated historic features of this property will be affected by this proposal.

7. The Landmark building at this site would not undergo chemical or physical treatments as a result of this project proposal. Treatments that cause damage to historic materials are prohibited by the Conditions herein.

8. Any archeological resources at this site will be unaffected by the proposed work which includes no excavation.

9. Exterior alterations or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property, because no such alterations will occur on the historic incinerator building. The new work (e.g. new signage) will be differentiated from the old; the proposed contemporary design and materials of the signage will be compatible with the size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.The proposed signage would not be installed on the historic incinerator structure and, therefore, if it were installed and eventually removed, it would not impair the essential form and integrity of the incinerator building.

LANDMARK PRESERVATION ORDINANCE FINDINGS

1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property, because:

A. The proposal to install new signage on the non-historic buildings at this site will not affect or alter the historic incinerator building. The proposed alterations will not change the features or character of the historic building.

B. The proposed signage is designed to seamlessly match the contemporary style and design of the non-historic buildings that were constructed in 1986 and 2007. The new signage would be installed on the non-historic buildings and would not be confused with the style and character of the historic building constructed in the Mission revival style in 1913.

334
1120 SECOND STREET SIGNAGE ALTERATION PERMIT - Findings and Conditions

BERKELEY SIGN ORDINANCE COMPLIANCE FINDINGS

2. This proposal is found to be permissible because it would comply with the requirements of Berkeley Sign Ordinance, BMC Title 20. Specifically, the proposal satisfies the requirements related to the total number of permitted signs on a parcel as well as the maximum area of signs, as follows:

A. Number of Signs. This proposal includes a total number of three wall signs where BMC Section 20.32.030.B permits a total of one wall sign for each frontage for properties located in the Manufacturing district.

B. Maximum Area of Wall Signs. This proposal includes three wall signs, each would be would be well within the allowable area of 15% of the building face or 800 square feet per building face, and the total area of all signs (398 square feet) would not exceed 2,000 square feet, the maximum allowable total area for all signs on any premises in the Manufacturing district, as allowed by BMC Section 20.32.040.C.

STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.

3. Subject to All Applicable Laws and Regulations
The approved construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to installation, the applicant shall obtain Use Permit approval in accordance with BMC Section 23C.17 (Wireless Telecommunication). Prior to construction, the applicant shall identify and secure all applicable permits from the Building and Safety Division, Public Works Department and other affected City divisions and departments.

4. Exercise and Lapse of Permits (Section 23B.56.100)
B. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

335
1120 SECOND STREET SIGNAGE ALTERATION PERMIT - Findings and Conditions

A. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has:
(1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.

5. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:

6. Colors and Materials. Prior to submittal of any building permit for this project, the applicant shall submit final colors and material information for review and approval by staff. All materials will be matte unless otherwise noted.

7. Exterior Lighting. All exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.

8. Chemical Treatments. With respect to historic resources located on this site or within the propose project area, any chemical treatments needed as construction progresses will be undertaken using the gentlest means possible.

9. Signage Height. Prior to submittal of any building permit for this project staff will review regulatory requirements related to signage height and confirm if there are any conflicts. If there are any regulatory conflicts staff will remedy them with the applicant and will not return to the full Commission for review.

336
It is the intent and purpose of this color rendering to provide a basic color representation of your sign finish and color. However, digital media and printed colors will vary from actual paint finish and color. Existing painted surfaces will have a perceptible difference in shade and sheen from your sign finish. Providing a sample of the paint you wish to match or a Matthews paint color formula will minimize the differences. © 2019 image national inc. This design is an original work of authorship by Image National, Inc. (image) which owns the copyright protection by the copyright law of the United States (title 17, U.S. Code). All rights are reserved by image and, until the use of this design is authorized by image in writing, image owns the exclusive rights to: a) reproduce this design in copies, in graphic form or as a sign; b) prepare derivative works based upon the design; c) distribute copies of the design by sale or other transfer of ownership; and d) display the design publicly.

U.S. & P.R. - All signs conform to UL-48/2161
(labeled accordingly) & must comply with UL-41.1
install procedures. Canada - all signs must be CAS
compliant. This sign(s) is intended to be installed in
accordance with requirements of article 600 of the
National Electrical Code and/or applicable local
codes. This includes proper grounding and bonding
of the sign.

Client:

Site:
16265 Star Road Nampa, ID 83687 - toll free: 800.592.8058 - tele: 208.345.4020 WWW.imagenational.com
Date:

Designer:

Account Manager:

File Location:

Drawing type:

Rev:

Page No.Design Number:

SITE #23086
1120 2nd St
Berkeley, CA 94710
PUBLIC STORAGE TG-0475-20
7/6/21
TRH
HS
PBS-23086 BerkeleyCA-R14-070621-P 1120
14 - Edit Night Views

TECHNICAL
of 51
Conceptual Artwork
T echnical Artwork
Designed per Redlines
**All Sizes are Estimated Until T echnically Verified**

SITE PLAN
SCALE: 1"=80'-0"
CODE

ALLOWANCE

PROPOSED
SQ. FT.LOCATION SIGN TYPE COMMENTSSIGN
#

MAIN ID WALL SIGNS
TOTAL BUILDING WALL SIGN AREA ALLOWED - NTE 2000 SF AGGREGATE -1068.6 SFTOTAL BUILDING WALL SIGN AREA USED
- TOTAL NUMBER OF BUILDING SIGNS ALLOWED (1) PER STREET FRONTAGE PER PARCEL = (3) PER PARCEL

NORTH ELEVATION

WEST ELEVATION
BLDG C
BLDG C
BLDG A

SOUTH ELEVATION
CHANNEL LTRS.

HALO ILLUM.

CHANNEL LTRS.

HALO ILLUM.

CHANNEL LTRS.

HALO ILLUM.3
2 1 171.1 SF
130.4 SF

97.2 SF
15% OF WALL NTE 800 SF
15% OF WALL NTE 800 SF
15% OF WALL NTE 800 SF
NTE 2000 SF AGGREGATE
NTE 2000 SF AGGREGATE
NTE 2000 SF AGGREGATE
2 3
NOTE: BUILDING "E" IS DEEMED

HISTORICAL AND IS NOT TO

BE PAINTED OR MODIFIED
(E) BLDG H
3 STORY
1 Attachment 1, Part C

337
It is the intent and purpose of this color rendering to provide a basic color representation of your sign finish and color. However, digital media and printed colors will vary from actual paint finish and color. Existing painted surfaces will have a perceptible difference in shade and sheen from your sign finish. Providing a sample of the paint you wish to match or a Matthews paint color formula will minimize the differences. © 2019 image national inc. This design is an original work of authorship by Image National, Inc. (image) which owns the copyright protection by the copyright law of the United States (title 17, U.S. Code). All rights are reserved by image and, until the use of this design is authorized by image in writing, image owns the exclusive rights to: a) reproduce this design in copies, in graphic form or as a sign; b) prepare derivative works based upon the design; c) distribute copies of the design by sale or other transfer of ownership; and d) display the design publicly.

U.S. & P.R. - All signs conform to UL-48/2161
(labeled accordingly) & must comply with UL-41.1
install procedures. Canada - all signs must be CAS
compliant. This sign(s) is intended to be installed in
accordance with requirements of article 600 of the
National Electrical Code and/or applicable local
codes. This includes proper grounding and bonding
of the sign.

Client:

Site:
16265 Star Road Nampa, ID 83687 - toll free: 800.592.8058 - tele: 208.345.4020 WWW.imagenational.com
Date:

Designer:

Account Manager:

File Location:

Drawing type:

Rev:

Page No.Design Number:

SITE #23086
1120 2nd St
Berkeley, CA 94710
PUBLIC STORAGE TG-0475-20
7/6/21
TRH
HS
PBS-23086 BerkeleyCA-R14-070621-P 1120
14 - Edit Night Views

TECHNICAL
of 52
Proposed - Signs 1 & 2 - Nighttime View

NORTH ELEVATION BLDG C - STORAGE

REMOVE & DISCARD EXISTING OPEN FACE CL SIGN
EXISTING SF: 66.25
4'-6"4'-6"4'-6"
12'-0"12'-0"12'-0"
18’-6” EST’D

NORTHWEST CORNER ELEVATION BLDG C - STORAGE

NEW REVERSE CHANNEL LED HALO-ILLUM'D LETTERS ON B/G PANELS ALLOWED SF: 2000 AGGREGATE
PROPOSED SF: 171.1 SF (N. ELEV.) / 130.4 SF (W. ELEV.)
EQUAL
EQUAL
EQ
EQ
2 1
EQ
EQ
Proposed - Signs 1 & 2 - Daytime View

APPROACH VIEW SHOWING LOCATION IN RELATION TO HISTORICAL BUILDING

338
It is the intent and purpose of this color rendering to provide a basic color representation of your sign finish and color. However, digital media and printed colors will vary from actual paint finish and color. Existing painted surfaces will have a perceptible difference in shade and sheen from your sign finish. Providing a sample of the paint you wish to match or a Matthews paint color formula will minimize the differences. © 2019 image national inc. This design is an original work of authorship by Image National, Inc. (image) which owns the copyright protection by the copyright law of the United States (title 17, U.S. Code). All rights are reserved by image and, until the use of this design is authorized by image in writing, image owns the exclusive rights to: a) reproduce this design in copies, in graphic form or as a sign; b) prepare derivative works based upon the design; c) distribute copies of the design by sale or other transfer of ownership; and d) display the design publicly.

U.S. & P.R. - All signs conform to UL-48/2161
(labeled accordingly) & must comply with UL-41.1
install procedures. Canada - all signs must be CAS
compliant. This sign(s) is intended to be installed in
accordance with requirements of article 600 of the
National Electrical Code and/or applicable local
codes. This includes proper grounding and bonding
of the sign.

Client:

Site:
16265 Star Road Nampa, ID 83687 - toll free: 800.592.8058 - tele: 208.345.4020 WWW.imagenational.com
Date:

Designer:

Account Manager:

File Location:

Drawing type:

Rev:

Page No.Design Number:

SITE #23086
1120 2nd St
Berkeley, CA 94710
PUBLIC STORAGE TG-0475-20
7/6/21
TRH
HS
PBS-23086 BerkeleyCA-R14-070621-P 1120
14 - Edit Night Views

TECHNICAL
of 53
4'-6"4'-6"4'-6"
12'-0"12'-0"12'-0"
3'-6" 3'-6" EST'DEST'D3'-6" EST'D
3'-6" EST'D3'-6" EST'D3'-6" EST'D

WEST ELEVATION BLDG C - STORAGE

REMOVE & DISCARD EXISTING OPEN FACE CL SIGN
EXISTING SF: 66.25
Proposed - Signs 1 & 2 - Nighttime View

NORTHWEST CORNER ELEVATION BLDG C - STORAGE

NEW REVERSE CHANNEL LED HALO-ILLUM'D LETTERS ON B/G PANELS ALLOWED SF: 2000 AGGREGATE
PROPOSED SF: 171.1 SF (N. ELEV.) / 130.4 SF (W. ELEV.)
EQUAL
EQUAL
EQ
EQ
2 1
EQ
EQ
Proposed - Signs 1 & 2 - Daytime View
2 CUSTOM HALO ILLUMINATED REVERSE CHANNEL LETTERS - B/G PANEL SCALE: 3/16"=1'-0"
LETTER AREA (BOXED) - 71.3 SF
PANEL AREA - 130.4 SF
22'-11"17" 16"
25'-8"
28"18 1/4" 14 3/4"
5'-1"

APPROACH VIEW SHOWING LOCATION IN RELATION TO HISTORICAL BUILDING

339
It is the intent and purpose of this color rendering to provide a basic color representation of your sign finish and color. However, digital media and printed colors will vary from actual paint finish and color. Existing painted surfaces will have a perceptible difference in shade and sheen from your sign finish. Providing a sample of the paint you wish to match or a Matthews paint color formula will minimize the differences. © 2019 image national inc. This design is an original work of authorship by Image National, Inc. (image) which owns the copyright protection by the copyright law of the United States (title 17, U.S. Code). All rights are reserved by image and, until the use of this design is authorized by image in writing, image owns the exclusive rights to: a) reproduce this design in copies, in graphic form or as a sign; b) prepare derivative works based upon the design; c) distribute copies of the design by sale or other transfer of ownership; and d) display the design publicly.

U.S. & P.R. - All signs conform to UL-48/2161
(labeled accordingly) & must comply with UL-41.1
install procedures. Canada - all signs must be CAS
compliant. This sign(s) is intended to be installed in
accordance with requirements of article 600 of the
National Electrical Code and/or applicable local
codes. This includes proper grounding and bonding
of the sign.

Client:

Site:
16265 Star Road Nampa, ID 83687 - toll free: 800.592.8058 - tele: 208.345.4020 WWW.imagenational.com
Date:

Designer:

Account Manager:

File Location:

Drawing type:

Rev:

Page No.Design Number:

SITE #23086
1120 2nd St
Berkeley, CA 94710
PUBLIC STORAGE TG-0475-20
7/6/21
TRH
HS
PBS-23086 BerkeleyCA-R14-070621-P 1120
14 - Edit Night Views

TECHNICAL
of 54
3 24" 12 3/4"16 1/4"
4'-5"
19'-7 3/4"14 5/8" 13 5/8"
22'-0"
LETTER AREA (BOXED - 52.3 SF
PANEL AREA - 97.2 SF

CUSTOM HALO ILLUMINATED REVERSE CHANNEL LETTERS - B/G PANEL SCALE: 1/4"=1'-0"
CORNER OF 2ND ST & HARRISON ST BLDG F & A - STORAGE

REMOVE & DISCARD EXISTING BANNER
CORNER OF 2ND ST & HARRISON ST BLDG F & A - STORAGE

NEW REVERSE PAN CHANNEL HALO LED ILLUM'D LETTERS - PANEL SIGN EXISTING SF: 0 ALLOWED SF: 2000 SF AGGREGATE
PROPOSED SF: 97.2
V
22'-0"
4'-5" 24"

APPROACH VIEW
Special Notes
TREES TO BE CLEARED OR THINNED FOR SIGN 3 VISIBILITY.

COORDINATE WITH FACILITY MANAGER.
6"

340
It is the intent and purpose of this color rendering to provide a basic color representation of your sign finish and color. However, digital media and printed colors will vary from actual paint finish and color. Existing painted surfaces will have a perceptible difference in shade and sheen from your sign finish. Providing a sample of the paint you wish to match or a Matthews paint color formula will minimize the differences. © 2019 image national inc. This design is an original work of authorship by Image National, Inc. (image) which owns the copyright protection by the copyright law of the United States (title 17, U.S. Code). All rights are reserved by image and, until the use of this design is authorized by image in writing, image owns the exclusive rights to: a) reproduce this design in copies, in graphic form or as a sign; b) prepare derivative works based upon the design; c) distribute copies of the design by sale or other transfer of ownership; and d) display the design publicly.

U.S. & P.R. - All signs conform to UL-48/2161
(labeled accordingly) & must comply with UL-41.1
install procedures. Canada - all signs must be CAS
compliant. This sign(s) is intended to be installed in
accordance with requirements of article 600 of the
National Electrical Code and/or applicable local
codes. This includes proper grounding and bonding
of the sign.

Client:

Site:
16265 Star Road Nampa, ID 83687 - toll free: 800.592.8058 - tele: 208.345.4020 WWW.imagenational.com
Date:

Designer:

Account Manager:

File Location:

Drawing type:

Rev:

Page No.Design Number:

SITE #23086
1120 2nd St
Berkeley, CA 94710
PUBLIC STORAGE TG-0475-20
7/6/21
TRH
HS
PBS-23086 BerkeleyCA-R14-070621-P 1120
14 - Edit Night Views

TECHNICAL
of 55

HALO-ILLUMINATED LETTERS

ON A B/G PANEL - SECTION DETAIL
SCALE: 1” = 1’-0”
H. Grounded/Bonded Wire Connection from Letter to T-Can A. Ø 3/8” Holes Through Panel Frame for Non-Corrosive
Securement Using Appropriate Mounting Hardware
B. Blocking as Required per Location
C. Disconnect Switch at Transformer Can
D. 1/4" Drain Holes Required in Letter Returns & Retainers E. 1/2" ( MFG ) Plastic Pass-Through
F. 20 amp 120 V. Circuits Required
(Supplied by Others Than Image National)
G. 6’-0” x 1/2” Flexible Conduit for External Switch

INSTALL
LETTER FACE: RETURNS:

ILLUMINATION:

TRIM CAP:

BACKS: ELECTRICAL:

MATERIAL: 3" .063 ALUMINUM

PAINTED JET BLACK
MATERIAL: GE WHITE L.E.D. ILLUMINATIONMATERIAL: .177 CLEAR POLYCARBONATE 2 4
3 5 6
1 N/A
REMOTE.

2.2 AMPS (Sign 1) / 1.1 AMPS (Signs 2 & 3) @ 120 V.

MATERIAL: .125 ALUMINUM FACE

PAINTED WHITE
• LETTERS MOUNTED ON BACKGROUND PANEL, PAINTED PBS ORANGE • B/G PANEL HAS .125 ALUMINUM FACE WITH 3" ALUM. ANGLE FRAME • B/G PANEL IS MANUFACTURED IN SECTIONS (NOT HINGED)

FOR USE WITH WOOD, CONCRETE

BLOCK OR EIFS WALL SYSTEMS
1/4" - 3/8"

THREADED ROD

APPROVED FASTENER SCHEDULE
24"
12 3/4"
16 1/4"4'-5"
19'-7 3/4"14 5/8" 13 5/8"
22'-0"
3 PANEL AREA - 97.2 SF

CUSTOM HALO ILLUMINATED REVERSE CHANNEL LETTERS - B/G PANEL SCALE: 3/16"=1'-0"

PUBLIC STORAGE ORANGE

PPG PUBLIC STORAGE ORANGE
NOTE:

ANY PENETRATIONS ABOVE ROOFLINE OR EXPOSED ARE REQUIRED TO BE INSTALLED USING SEALTIGHT AND WEATHER-PROOF BOXES.

TO BE PROVIDED BY SIGN INSTALLER.

A
F
H
C
G
E
B 1 1/2” 3”
3/4"
4 1/2”
2 4
5 6
1 EXTERNAL

DISCONNECT
SWITCH
WHITE

BLACK MAGIC
PPG 101-7
18"
CLIPS
16"

SPACING
12" C-C
HOLES

FRAMEWORK & ATTACHMENT POINTS
• 2 1/2" x 18" LONG ALUM. ANGLE CLIPS
W/ (2) ATTACHMENT HOLES PER CLIP
• HOLES SPACED 12" APART C-C
• CLIPS SPACED ≤24" O.C.

ATTACHMENT
POINTS

ALUMINUM

ANGLE FRAME
32 TOTAL ATTACHMENT POINTS32 TOTAL ATTACHMENT POINTS
2 CUSTOM HALO ILLUMINATED REVERSE CHANNEL LETTERS - B/G PANEL SCALE: 3/16"=1'-0" PANEL AREA - 130.4 SF
22'-11"17" 16"
25'-8"
28"
18 1/4"
14 3/4"5'-1"
18"
CLIPS
23 3/8"

SPACING
12" C-C
HOLES
PANEL AREA - 171.1 SF

CUSTOM - HALO ILLUMINATED REVERSE CHANNEL LETTERS - B/G PANEL SCALE: 3/16"=1'-0"
18"
CLIPS
18 1/2"

SPACING
12" C-C
HOLES
40 TOTAL ATTACHMENT POINTS
1 32"
21 1/8"
16 7/8"5'-10"
26'-2 3/8" 18 1/4"19 3/8"
29'-4"

ATTACHMENT
POINTS

ALUMINUM

ANGLE FRAME

341
Attachment 1, part D

342
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

INFORMATION CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 1325 Arch Street/#LMIN2020-0008

INTRODUCTION
The attached Notice of Decision for a City Landmark is submitted to the Mayor and City Council pursuant to Berkeley Municipal Code (BMC) Section 3.24.160, which states that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has granted City Landmark status to the property at 1325 Arch Street. This action is subject to a 15-day appeal period, which began on January 10, 2022.

BACKGROUND
BMC/LPO Section 3.24.190 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying Landmark, Structure of Merit or Historic District status. In order for Council to review the decision on its merits, Council must appeal the Notice of Decision. To do so, a Councilmember must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by September 22, 2020. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must rule on the application within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.