Berkeley City Council
May 31, 2022

Exhibit B: DPBID FY 2023 Assessment Roll
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
FY 2023 Assessment
057- -2053-012-00 MAHRAT ABDULCHAFFAR & REEM 1949 MILVIA ST 2,612.42$ 057- -2025-010-01 MAIA HOLDINGS LLC, COLLIERS INTERNATIONA L2001 ADDISON ST 10,901.20$ 057- -2060-034-00 MAK KWAN & LISHAN 1801 UNIVERSITY AVE 305 178.88$ 057- -2050-005-00 MALIN ROBERT O INC 1848 SHATTUCK AVE 1,254.30$ 057- -2049-014-00 MAMIN HARRY J & MARJORIE ETAL 1849 SHATTUCK AVE 301 90.32$ 057- -2060-025-00 MAO YULI 1801 UNIVERSITY AVE 302 178.88$ 057- -2031-005-00 MARTIN DAVID J & MARILYN R TRS 2115 ALLSTON WAY 2,215.88$ 057- -2031-007-00 MARTIN DAVID J & MARILYN R TRS 2181 SHATTUCK AVE 2,517.68$ 057- -2031-008-00 MARTIN DAVID J & MARILYN R TRS 2171 SHATTUCK AVE 4,358.06$ 057- -2051-004-00 MARTIN DAVID J & MARILYN R TRS 1920 SHATTUCK AVE 972.34$ 057- -2051-053-00 MARTIN REID & JOHN 1912 SHATTUCK AVE $ 756.86 057- -2046-008-04 MCREF ACHENSON LLC 2125 UNIVERSITY AVE 12,698.28$ 057- -2046-009-00 MCREF BACHENHEIMER LLC 2119 UNIVERSITY AVE 11,427.72$ 057- -2049-036-00 MEJIA CESAR A 1849 SHATTUCK AVE 408 90.32$ 057- -2034-008-00 MEVLANARUMI LLC 2025 KALA BAGAI WAY 1,792.36$ 055- -1822-002-01 MMP CHESTNUT LLC 2506 SHATTUCK AVE 1,248.26$ 057- -2033-001-01 MO SHATTUCK LLC 2000 KALA BAGAI WAY 8,497.60$ 057- -2016-002-00 MOAVEN SAGHI 2054 M L KING JR WAY 347.06$ 057- -2051-006-01 MORAN EVERETT S JR & CATHARINE 1936 SHATTUCK AVE 2,303.92$ 055- -1821-001-01 NATURAL GREEN CORPORATION 2550 SHATTUCK AVE 4,329.74$ 057- -2051-005-00 NINETEEN HUNDRED TWENTY SIX SH 1926 SHATTUCK AVE 938.70$ 057- -2049-031-00 NIRAMOL CHITRCHARATN 2016 LI VING TRUST 1849 SHATTUCK AVE 207 90.32$ 057- -2049-032-00 NISEN FREDERICK P 1849 SHATTUCK AVE 307 90.32$ 057- -2024-014-00 NORCAL PROPERTIES LLC 1900 UNIVERSITY AVE 3,831.36$ 057- -2016-024-01 OHAY PHILIP L & BARBARA L TRS 1824 UNIVERSITY AVE 3,206.64$ 057- -2060-047-00 OLSON JAMES R 1801 UNIVERSITY AVE 409 178.88$ 057- -2120-002-00 OXFORD COMMERCIAL LLC 2200 OXFORD ST 3,808.84$ 057- -2031-001-01 OXFORD DEVELOPMENT GROUP LP 2128 OXFORD ST 4,906.00$ 057- -2031-013-00 OXFORD DEVELOPMENT GROUP LP 2142 CENTER ST 8,470.50$ 057- -2121-001-00 OXFORD PLAZA LP 2175 KITTREDGE ST 16,817.72$ 057- -2016-018-01 P P M&B BERKELEY LLC 1800 UNIVERSITY AVE 2,621.94$ 055- -1820-001-01 PARKERSHATTUCK OWNER LLC 2600 SHATTUCK AVE 13,582.34$ 055- -1821-005-00 PARKERSHATTUCK OWNER LLC 2598 SHATTUCK AVE 1,195.96$ 057- -2028-004-00 PASAND COURTYARD LLC 2276 SHATTUCK AVE 11,467.84$ 057- -2029-014-00 PELEG YORAM & BARBARA L 2124 KITTREDGE ST 3,039.98$ 057- -2022-005-01 PERALTA COMMUNITY COLLEGE DIST 2118 MILVIA ST 5,747.26$ 057- -2026-010-00 PERALTA COMMUNITY COLLEGE DIST 2016 CENTER ST 1,346.38$ 057- -2026-014-00 PERALTA COMMUNITY COLLEGE DIST 2048 CENTER ST 25,537.82$ 055- -1894-003-01 PERSIAN CENTER 2029 DURANT AVE 975.14$ 057- -2026-004-05 PR III SHATTUCK LLC 2190 SHATTUCK AVE 18,317.94$ 057- -2053-006-00 REDDY HANUMANDLA J & HANUMANDL 2057 UNIVERSITY AVE 5,924.76 $ 057- -2025-021-00 REDDY HANUMANDLA R & HANUMANDL 2066 UNIVERSITY AVE 6,260.66 $ 055- -1891-014-01 REGENTS OF THE UNIVERSITY OF C 2401 SHATTUCK AVE 6,454.80$ 057- -2029-007-02 REGENTS OF THE UNIVERSITY OF C 2113 BANCROFT WAY 4,498.62$ 057- -2032-014-01 REGENTS OF THE UNIVERSITY OF C 2120 OXFORD ST 14,063.88$ 057- -2034-003-00 REGENTS OF THE UNIVERSITY OF C 0 ADDISON ST 762.26$ 057- -2034-004-00 REGENTS OF THE UNIVERSITY OF C 2123 ADDISON ST 252.42$ 057- -2034-012-00 REGENTS OF THE UNIVERSITY OF C 2154 UNIVERSITY AVE 4,190.00$ 057- -2034-014-02 REGENTS OF THE UNIVERSITY OF C 2199 ADDISON ST 69.20$ 057-
-2034-014-03 REGENTS OF THE UNIVERSITY OF C 2199 ADDISON ST 27,780.08$ 057- -2045-002-00 REGENTS OF THE UNIVERSITY OF C 1952 OXFORD ST 2,044.46$ 057- -2045-003-00 REGENTS OF THE UNIVERSITY OF C 1990 OXFORD ST 881.14$ 057- -2045-006-00 REGENTS OF THE UNIVERSITY OF C 1925 WALNUT ST 398.16$ 057- -2047-004-00 REGENTS OF THE UNIVERSITY OF C 1900 OXFORD ST 17,531.02$

Exhibit B: DPBID FY 2023 Assessment Roll
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
FY 2023 Assessment
057- -2045-005-00 REGENTS OF THE UNIVERSITY OF C A 1933 WALNUT ST 347.22$ 057- -2045-001-00 REGENTS OF THE UNIVERSITY OF CALIFORNI A 1921 WALNUT ST 833.86$ 057- -2054-012-01 REGENTS OF UNIVERSITY CALIFORN 1995 UNIVERSITY AVE 16,772.56$ 057- -2045-004-00 REGENTS UNIVERSITY OF CALIFORN 2161 UNIVERSITY AVE 2,580.04$ 057- -2023-002-00 RHODES MICHAEL L & DOBBENGARHO 2116 SHATTUCK AVE 1,345.20 $ 057- -2023-023-00 RILCO ADDISON LLC 2030 ADDISON ST 11,189.68$ 057- -2023-024-00 RILCO ADDISON LLC 2040 ADDISON ST 4,799.32$ 057- -2023-025-00 RUEGG & ELLSWORTH 2072 ADDISON ST 1,618.10$ 057- -2049-033-00 RYU DAVID J & WU CHRISTINA L 1849 SHATTUCK AVE 407 90.32$ 055- -1895-018-01 SATELLITE FIRST COMMUNITIES L 2020 DURANT AVE 2,785.54$ 055- -1896-003-00 SCHIPANI ANNA A 2420 SHATTUCK AVE 1,439.14$ 057- -2049-028-00 SCHIRLE ANN M 1849 SHATTUCK AVE 206 90.32$ 057- -2029-015-00 SCHNEIDER STEPHEN E TR 2138 KITTREDGE ST 2,258.20$ 055- -1893-016-00 SEGERBERG KENNETH TRUST 2301 SHATTUCK AVE 2,344.96$ 057- -2024-016-02 SEVERY MICHELLE A TR & AARONI A 1926 UNIVERSITY AVE 584.20$ 057- -2022-009-02 SHAMSZAD SASHA G & MERIDETH B 2105 M L KING JR WAY 2,608.66$ 057- -2022-013-04 SHAMSZAD SASHA G & MERIDETH B 1900 ADDISON ST 3,952.12$ 057- -2024-002-02 SHAMSZAD SASHA G & MERIDETH B 2020 MILVIA ST 8,810.04$ 057- -2033-003-00 SHAMSZAD SASHA G & MERIDETH B 2021 SHATTUCK AVE 6,727.42$ 055- -1891-013-01 SHATTUCK SENIOR HOMES ASSOCIAT 2421 SHATTUCK AVE 1,483.52 $ 055- -1897-001-03 SHATTUCK WICKS PARTNERSH IP LTD 2480 SHATTUCK AVE 2,748.48$ 055- -1822-006-00 SHEN TSUI Y & WU YEU B 2530 SHATTUCK AVE 1,604.70$ 057- -2060-038-00 SHOJI JOSEPH 1801 UNIVERSITY AVE 406 178.88$ 057- -2016-022-00 SHREE LAXMI LLC 1822 UNIVERSITY AVE 3,533.46$ 057- -2053-014-02 SHRIMATIS LIMITED INC 2011 UNIVERSITY AVE 2,215.62$ 057- -2060-045-00 SIKAFFY AMAL 1801 UNIVERSITY AVE 209 178.88$ 055- -1824-016-00 SOUTHWICK TIMOTHY K & SUSAN E 2555 SHATTUCK AVE 1,321.88$ 055- -1892-018-01 SOUTHWICK TIMOTHY K & SUSAN E 2110 DURANT AVE 3,009.12$ 055- -1896-001-00 SOUTHWICK TIMOTHY K & SUSAN E 2410 SHATTUCK AVE 3,429.62$ 057- -2060-002-00 SOUTHWICK TIMOTHY SR & SUSAN T 1865 UNIVERSITY AVE 2,899.54$ 057- -2032-016-00 SPITZER NORMAN S & MARY J TRS 2115 SHATTUCK AVE 1,493.28$ 057- -2023-017-01 STERLING BERKELEY ADDISON L P 2101 MILVIA ST 3,714.82$ 057- -2030-002-00 STERLING BERKELEY ALLSTON LP 2116 ALLSTON WAY 10,398.70$ 055- -1890-013-02 STERLING BERKELEY HASTE LP 2451 SHATTUCK AVE 12,934.64$ 057- -2047-002-01 STERLING BERKELEY OXFORD LP 1910 OXFORD ST 4,509.46$ 057- -2025-014-00 STERLING BERKELEY UNIVERSITY AVE LP 2004 UNIVERSITY AVE 7,087.70 $ 057- -2024-001-02 STONEFIRE PARTNERS LLC 1974 UNIVERSITY AVE 15,596.54$ 057- -2049-035-00 SU FU & CHUANG C ETAL 1849 SHATTUCK AVE 308 90.32$ 055- -1823-011-01 SUTTER BAY HOSPITALS 2104 DWIGHT WAY 6,501.84$ 057- -2060-035-00 SWANSON LINDA L 1801 UNIVERSITY AVE 405 178.88$ 057- -2049-025-00 SWEENEY ZEPHYR & DENNIS A 1849 SHATTUCK AVE 205 90.32$ 057- -2060-042-00 SZABO MARSHIKA L 1801 UNIVERSITY AVE 208 178.88$ 055- -1896-005-00 T J WHITTEN FAMILY LLC 2440 SHATTUCK AVE 2,622.10$ 057- -2053-008-01 TALAI MOHAMMAD E & KOKAB S TRS 2035 UNIVERSITY AVE 5,431.02$ 057- -2060-033-00 TAVAKOLIZADEH MEHDI 1801 UNIVERSITY AVE 205 178.88$ 055- -1824-014-00 THALLAUG KIRSTEN L & THALLAUG TR 2105 PARKER ST 3,995.78 $ 057- -2060-027-00 THEVANAYAGAM SABANAYAGAM & VAS 1801 UNIVERSITY AVE 203 178.88$ 057- -2060-049-00 THOMAS HERB TR 1801 UNIVERSITY AVE 310 178.88$ 057- -2024-013-00 THOMPSON DON J & AUDREY A & KI 2099 M L KING JR WAY 2,558.52$ 057- -2049-013-00 TILLER ANDREA M & EMERSON H 1849 SHATTUCK AVE 201 90.32$ 057- -2049-018-00 TIPHANE GUY TR 1849 SHATTUCK AVE 402 90.32$ 057- -2051-051- 00 TIPPING STEVEN B & ZENIADA L T 1900 SHATTUCK AVE $ 1,925.42 057- -2051-052-00 TIPPING STEVEN B & ZENIADA L T 1908 SHATTUCK AVE $ 976.24 057- -2053-007-00 TRILINK REAL ESTATE INVESTMENT 2041 UNIVERSITY AVE 7,496.60$ 057- -2025-015-00 U C STUDIOS LLC 2018 UNIVERSITY AVE 12,599.32$ 057- -20270-05-00 UNITED STATES POSTAL SERVICE 0 MILVIA ST $ 13,429.82 055- -1825-015-02 VALIYEE REZA 2621 SHATTUCK AVE 7,456.74$ 055- -1825-019-00 VALIYEE REZA 2609 SHATTUCK AVE 3,316.80$ 057- -2024-012-00 VEDENSKY PROPERTIES LLC 1911 ADDISON ST 2,611.60$ 055- -1893-018-00 VERO PROPERTIES LLC 2126 BANCROFT WAY 983.66$ 057- -2051-007-00 VINLAND PROPERTY INVETMENT LL 2053 BERKELEY WAY 1,227.76$ 057- -2028-003-00 WADE WILLIAM J TR 2274 SHATTUCK AVE 14,175.22$

Exhibit B: DPBID FY 2023 Assessment Roll
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
FY 2023 Assessment
057- -2060-039-00 WAGELE NICHOLAS 1801 UNIVERSITY AVE 207 178.88$ 057- -2028-012-00 WANDER ROBERT H & INGRID 2235 MILVIA ST 649.52$ 057- -2022-015-00 WESTWOOD BAYROCK ADDISON LP 1916 ADDISON ST 1,041.64$ 055- -1822-001-00 WONG FRANKLIN & PUI T ET AL 2500 SHATTUCK AVE 1,717.88$ 057- -2060-029-00 WONG MEI L & KUOCHEN 1801 UNIVERSITY AVE 403 178.88$ 057- -2031-010-00 WU SHU F TR 2124 CENTER ST 3,437.88$ 057- -2049-027-00 YANG JUDY C TR & YANG LUCINDA 1849 SHATTUCK AVE 405 90.32$ 057- -2034-005-00 YANIV GERSHON & RACHEL D ETAL 2119 ADDISON ST 5,303.86$ 057- -2059-011-00 YEARWOOD INES L & KHALIL & ROD 1901 UNIVERSITY AVE 1,536.68$ 057- -2053-011-00 YEE DAVID 2017 UNIVERSITY AVE 2,198.10$ 057- -2060-021-00 YEH JENG R & YANG CHINGMEI 1801 UNIVERSITY AVE 201 178.88$ 057- -2029-010-02 YOUNG JAMES C & EDDIE JR 2281 SHATTUCK AVE 959.88$ 057- -2029-010-01 YOUNG JAMES C & YOUNG EDDIE JR 2283 SHATTUCK AVE 718.92$ 057- -2022-018-00 YOUNG MENS CHRISTIAN ASSOCIATION 2109 M L KING JR WAY 1,876.68 $ 055- -1893-001-00 YU CHING H & INN N TRS 2190 BANCROFT WAY 2,028.32$ 055- -1822-004-00 YU WAH Y & RUICHAN 2520 SHATTUCK AVE 740.72$ 057- -2060-032-00 ZOBRIST ALBERT L & TERESA T 1801 UNIVERSITY AVE 404 178.88$ TOTAL: 1,389,145.08$ 325,136.86$ 17,609.46$
Private Parcels Tax Exempt Utility Roll
Count of Properties 302 38 2
County Fee @1.7% (on Private Parcels): 23,615.47$
Net Assessment Revenue (Private Parcels): 1,365,529.61$ Total Assessment Revenue: 1,708,275.93$
Total Assessment Revenue: 1,708,275.93$
Note: Data for APN, Owner, and Land Use from the City's Land Management System is current as of April 1, 2022.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Assessments: North Shattuck Property Based Business Improvement District

RECOMMENDATION
Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2022 and proposed budget for FY 2023, and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the North Shattuck Business Improvement District (NSBID) support a package of improvements and activities approved by the property owners and the City Council when the District was renewed for a ten year period on June 16, 2020 (Resolution No. 69,454–N.S). Assessment funds are collected by Alameda County, relayed to the City of Berkeley, and disbursed through a contract with the North Shattuck Association (NSA), a private owners’ association that was established to implement the Management District Plan.

In June of 2020, the City Council authorized the City Manager to execute a contract and any amendments with the North Shattuck Association, not to exceed $2,652,778 of BID revenues, to implement the North Shattuck Management District Plan for the period July 1, 2020 to June 30, 2031 (Contract No. 32100055). The contract covers the years remaining in the current term of the NSBID establishment.

NSBID assessments are projected and budgeted at approximately $210,363 in FY 2023. Assessment funds are deposited into NSBID Fund 785-21-208-251-0000-000- 000-412110 and expended from fund 785-21-208-251-0000-000-446-636110. Though the NSBID’s adopted Management District plan allows for an annual 5% assessment increase for inflation, the majority of the North Shattuck Association’s Board of Directors met on April 21, 2022, and determined that no rate increase was warranted in FY23 as the current assessment sufficiently covers the slate of services proposed for the coming year. Project funds not spent in any given fiscal year are carried over into future years.

By financing improvements, maintenance and marketing activities for the North Shattuck business district, the NSBID indirectly enhances sales tax, business license

07

Assessments: North Shattuck Property Based Business Improvement District CONSENT CALENDAR May 31, 2022

tax and other business-related City revenue sources. No City properties have been or will be assessed in the NSBID.

CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based BIDs (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.

The Board of Directors of the NSA met in a publicly noticed meeting on April 21, 2022 to review and approve the attached Annual Report for the NSBID for FY 2022 (Exhibit A).

The report includes a budget for improvements and activities for FY 2023 and an estimated cost for providing them. The report also recommends that the assessments for FY 2023 be levied on the same basis and method, and within the same boundaries, as they were levied for FY 2022 without the allowable annual 5% fee increase. See Exhibit B: North Shattuck BID FY 2023 Assessment Roll. Council can adopt the recommended resolution which will confirm the NSBID assessment, thus enabling continuous BID operations in the North Shattuck district for another year.

BACKGROUND
The NSBID was first established by Resolution of the Berkeley City Council in 2001 (Resolution No. 61,168-N.S.) to implement a Management District Plan that had been developed by a steering committee of merchants and property owners. In accordance with the Management District Plan adopted in Resolution No. 61,168-N.S, the NSBID had a lifetime of ten years, expiring in 2011. On May 3, 2011, Council approved Resolution No. 65,265-N.S. reestablishing the NSBID for 10 more years, ending in Fiscal Year 2021. Further, on June 16, 2020, Council approved Resolution No. 69,454– N.S reestablishing the NSBID for an additional 10 years. Thus, the NSBID is authorized through 2031 unless action is taken to dis-establish it.

The NSBID finances special improvement, maintenance and marketing activities that benefit commercial properties and businesses in the North Shattuck District.

NSBID activities are performed above and beyond baseline services provided by the City.

The Management District Plan that was adopted by Council in 2020 as part of the reestablishment of the District provides a framework and budget for the NSBID’s activities. In FY 2023, the NSBID will continue its ongoing services including District maintenance, public improvements, holiday lighting, and marketing/promotional activities. The NSBID will continue to provide cleaning and outreach services in the public right of way. Events and activities promoting the District will continue throughout the year, including winter holiday promotions and safe group outdoor commerce installations. Regular arts and events newsletters will be shared, and ongoing marketing efforts will continue via the NSBID website and other social media. The NSBID will also continue to liaise and coordinate with other business

Assessments: North Shattuck Property Based Business Improvement District CONSENT CALENDAR May 31, 2022

district organizations, Visit Berkeley, the Chamber of Commerce, and the Berkeley Business District Network (BBDN) to promote local business and economic development opportunities in Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the District, the NSA creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The District is walking distance from the North Berkeley and Downtown Berkeley BART Stations. Several AC transit lines provide easy accessibility to visitors coming to this popular regional destination. Because the District is well served by public transportation and biking infrastructure, these services support environmental sustainability goals of encouraging alternative transportation choices and reducing vehicle miles traveled.

RATIONALE FOR RECOMMENDATION
Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be levied. Council action is required to approve the BID’s Annual Report, and declare its intent to levy assessments.

This private/public partnership generates significant resources for revitalization of the North Shattuck District has a positive effect on the physical and economic health of the City of Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
The Board of the NSBID considered opting for the allowable 5% increase in assessment rates but instead decided not to levy an increase in the assessment rate, declaring that an increase, would not be necessary to cover the slate of proposed services. The NSA Board determined that the existing assessment level would be sufficient to address the goals outlined in the FY2023 budget and work plan.

CONTACT PERSON
Eleanor Hollander, Office of Economic Development, (510) 981-7536 Attachments:
1: Resolution: Confirm Annual Report and Levy Annual Assessment Exhibit A: NSBID Report for FY 2022 and Proposed Budget for FY 2023 Exhibit B: North Shattuck BID FY 2023 Assessment Roll

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

APPROVING THE ANNUAL REPORT OF THE NORTH SHATTUCK BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022 AND DECLARING INTENT TO LEVY ASSESSMENTS FOR FISCAL YEAR 2023.

WHEREAS, the Property and Business Improvement District Law of 1994 as amended (California Streets and Highways Code Section 36600 et. seq.) authorizes cities, with the consent of property owners, to fund property-related improvements, maintenance and activities through the levy of assessments upon the real property that benefit from the improvements, maintenance and activities; and
WHEREAS, after ten years of successful operation, on June 16, 2020 the Berkeley City Council reestablished the North Shattuck Business Improvement District (hereafter, “the District”) for an additional ten year period by Resolution No. 69,454-N.S.; and WHEREAS, on April 21, 2022 the Board of Directors of the North Shattuck BID adopted the Annual Report to the City of Berkeley FY 2022 (hereafter “Annual Report”) that describes the operations of the District in FY 2022, recommends services for FY 2023 and proposes a budget for FY 2023 (Exhibit A).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report of the North Shattuck Association (Exhibit A) and declares its intent to levy special assessments on property within the boundaries of the District for FY 2023 (Exhibit B).

BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Management District Plan (Plan) that was adopted on June 16, 2020, when Council renewed the North Shattuck BID through Resolution No. 69,454-N.S.

BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Plan and the Annual Report.

BE IT FURTHER RESOLVED that the cost of providing the improvements and activities is as described in the budget that accompanies the Annual Report.

BE IT FURTHER RESOLVED that the Assessment Rate for FY 2023 shall not increase from the rates established in FY 2022 (despite that an increase of 5% is allowed annually by the District Management Plan). Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY 2023 and confirm disbursement of NSBID assessment revenue to the North Shattuck Association provided for in Contract No.32100055, authorized in Resolution No. 69,455–N.S (2020).

Exhibit:

A: North Shattuck Annual Report for FY 2022 and Proposed Budget for FY 2023 B: NSBID Assessment Roll FY 2023

NORTH SHATTUCK ASSOCIATION

ANNUAL REPORT TO THE CITY OF BERKELEY
FISCAL YEAR 2022
Introduction
The North Shattuck Business Improvement District (NSBID) was reestablished for a new 10-year period by the Berkeley City Council on June 16, 2020 (Resolution No. 69,454-N.S.) under provisions of the State of California Property and Business Improvement District Law of 1994. The NSBID was formed in 2001 and renewed in 2011 and again in 2020 to implement a Management District Plan developed and revised in 2020 to address the specific needs of the District and which sets forth the projected activities of the NSBID and the allocation of BID assessment revenues to each activity.

The renewed North Shattuck BID consists of 54 parcels owned by 52 property owners, generally bounded by Rose on the north, Delaware on the south, taking in the block of Vine east of Shattuck Ave. The assessments fund special benefits within the District, enhancing the North Shattuck area’s streetscape environment with infrastructure improvements, ongoing maintenance, and special events to new customers and visitors, increase business sales, and attract and retain businesses.

The NSBID is managed by the non-profit North Shattuck Association, whose Board of district business and property owners and Executive Director coordinate implementation of the Management Plan. The Property and Business Improvement District Law of 1994 requires that the owners’ association that is responsible for administering a BID prepare an annual report for each fiscal year for which assessments are to be levied.

This report reviews Fiscal Year 2022 operations, and states goals and objectives for Fiscal Year 2023 of the NSBID, which begins July 1, 2022 and ends June 30, 2023. This report includes the improvements and activities for the year, an estimate of the cost of the improvements and activities, the amount of any surplus or deficit revenues are to be carried over from the previous fiscal year and the amount of any contributions from other sources are named in the annual report and budget. There are no proposed changes in the boundaries of the district nor to the method and basis for levying the assessment.

FY 2022 Summary and Annual Report & Fiscal Year 2023 Budget Summary of FY22 Budget
The budget for Fiscal Year 2022 included BID assessments which resulted in new revenue of $209,443, carryforwards of $22,436 from FY 2021, which added to new revenue resulted in a FY 2022 budget of $231,879.

The following table shows the Budget Allocations by category and percentages as well as the estimated expenditures to the end of the fiscal year on June 30, 2022. Total expenditures for the year are estimated to be $187,461 with the remaining funds to carry forward in each category to FY 2023.

North Shattuck Association Annual Report April 21, 2022 2 kl

NORTH SHATTUCK

ASSOCIATION
Service/Expense Category
Allowable
% of
Annual
Budget
Carry
Forward
from
Fiscal
Year 2021
(Actual)
Fiscal Year
2022
Assessment
Revenue
2022 Budget
with Carry
Forward &
New Revenue
Fiscal Year
2022
Expenditures
(Estimated to
6/30/22)
Maintenance/Civil Sidewalks 40% $3,154 $83,777 $86,931 $84,731 District Identity & Placemaking 25% $2,803 $52,361 $55,164 $49,824 Administration/Management 30% $7,418 $62,833 $70,251 $50,406 Contingency 5% $9,061 $10,472 $19,533 $ 2,500
Total Budget 100% $22,436 $209,443 $231,879 $187,461 Accomplishments
During Fiscal Year 2022, the North Shattuck Association continued implementation of the activities and services outlined in the Management District Plan under a renewed annual contract between the City of Berkeley and the North Shattuck Association (NSA). Activities of the district are organized into Administration/ Program Management, District Identity and Placemaking, and Maintenance/Civil Sidewalks. Accomplishments in each area are summarized below.

Administration/Program Management
 The Executive Director held regular meetings of the Board of Directors and General Association meetings with merchants, property owners, City staff and elected officials were held in person when possible and via Zoom regularly during the year to further the goals and objectives of the Association, focusing on business assistance and retention during the recovery from the Covid- 19 pandemic. This included updates on current health orders and guidelines for re-opening, financial relief and technical assistance programs through various agencies, and city grant opportunities through the Outdoor Commerce program, Civic Arts Recovery Grants, and the Business/Building Damage Mitigation Fund.
 The Association continued its involvement with the Berkeley Business District Network (BBDN) to address with citywide issues and programs including the IKE Digital Kiosks and worked with the Berkeley Chamber of Commerce and Visit Berkeley to organize citywide events and marketing programs including Restaurant Week and the Berkeley Holidays campaign, as well as the launch of the Berkeley Bucks program.  The Association provided input to the City’s Pathways to Permanence program to extend and upgrade outdoor commerce areas and parklets installed during the COVID-19 shutdown and provided support to area businesses to continue and upgrade their outdoor operations, including coordinating free design assistance and movement of equipment. The Executive Director is coordinating the City’s Outdoor Commerce Grant Program, which provides grant to completed projects and distributes funding for new projects as well as funds to make the existing projects permanent. To date this program has been very successful with 16 grants disbursed across the City, including 6 in the district.

North Shattuck Association Annual Report April 21, 2022 3 kl
 The Executive Director worked with the Ecology Center’s market managers to reorganize the layout of the Farmers Market Thursday operations to allow additional vendors, including prepared foods, to join the market with the lifting of capacity limitations and social distancing requirements. The Association funded more music and activities in the market area by the Saul’s/parking bay outdoor commerce area, including a series of Thirsty Thursday events during the summer and fall of 2021, and klezmer bands for Purim/St. Patrick’s Day in March and in May for the holiday of L'og B'omer. Plans for an expanded Thirsty Thursday schedule to extend weekly from July to September were also formulated.  The Executive Director maintained an inventory of all businesses and vacant retail and office space in the district and provided updates to the City’s Economic Development office on business openings and closures due to the pandemic. The former Walgreen’s store at Cedar and Shattuck was leased by a bouldering gym and is under renovation. Several businesses moved within the district during the year including H. Julian Designs from Shattuck to the former Molly B site on Vine St., and A Priori to the former Earthly Goods site at the corner of Vine and Shattuck. The Association is working with property owners and brokers to market the various vacant properties for prospective new businesses, including the 3 storefronts being rehabbed at Delaware St., and several spaces in turnover on Vine St.  The Association provided marketing and support to new businesses and new owners in the area this year including a new owner of Corso, Artistic Visions Framing Shop which moved from downtown, Cose Bella boutique in the former Foxglove space, and Flavia, Mexicana Taqueria and Sunnyside Cafe in Epicurious Garden.  In partnership with Another Bullwinkel Show event production company, the Association submitted a successful Civic Arts Recovery Grant application for the Chocolate & Chalk Art Festival held annually in the district. The grant of $15,000 covers fiscal years 2022 and 2023. The funding will provide for increased marketing and outreach for the event, professional artist works, and larger prizes for chalk artists in the contest.

Civil Sidewalks/Maintenance
 The Association continued to provide funding and oversight for a regular maintenance program for sidewalks, public spaces, and public property including sidewalk and gutter sweeping, weeding of tree wells, and maintenance of the landscaped ceramic planters throughout the District. As part of the North Berkeley in Bloom recovery campaign (March/April 2022), many planters were replanted and refreshed with blooming flowers and tree wells and sidewalk areas were cleared of weeds and debris. Private property owners were also asked to replant and clean their landscaped areas.  The Executive Director coordinated with City of Berkeley staff to address maintenance issues including street tree replacements, graffiti abatement, sidewalk steam cleaning and repair, trash receptacle maintenance and sewer and street repair projects. Curb re- painting and improved median maintenance were also requested as part of the North Berkeley in Bloom project.

North Shattuck Association Annual Report April 21, 2022 4 kl
 The Association coordinated meetings of merchants, property owners, BPD, and the City’s HOTT team to deal with street behavior issues, trespassing and illegal dumping issues on private property and sleeping
during the day in the public right of way and made requests for additional bike patrol officers to assist in keeping the area safe. The City provided cards with available services and appropriate numbers for reporting incidents and requesting assistance for mental health issues for distribution to the area merchants and customers.  Holiday lighting was installed for the entire length of the district for the winter holiday season in the sidewalk street trees as well as in median tree locations with electricity access. The lighting provides ambience as well as security and pedestrian lighting in the evenings.

District Identity/Placemaking
 The Association continued to produce a Constant Contact e-newsletter featuring the latest updates on business operations and hours, events, outdoor dining and services, safety protocols, and ways to shop online or by phone, etc. Social media posts on Facebook, Instagram and Twitter were done regularly to boost exposure businesses, drive sales, and help businesses connect with customers. The district website was updated with new business for the directory and links to online events, classes, and information about district activities and re-opening.
 The Association placed print and digital ads on local online sites online highlighting our events and a series of ads promoting shopping at small local businesses in the district in new ways. Through a partnership with Nearlist, a locally focused mobile business application, the Association did a series of postcards to promote discovering our district and enrolled over 20 businesses in the free mobile business directory accessible via a QR code. Each business and the Association have interactive pages on the site, can message directly with customers and each other, offer discounts or specials, and provide updates.

Nearlist is working to expanding the directory and offer additional features on the website and pages.
 Coordinated with the Ecology Center to organize and present a series of “Thirsty Thursdays” events in the fall of 2021 at the North Berkeley Farmers Market with live music from the Berkeley High Jazz Band and other local acts, beer and wine, an Ecology Center pop-up shop and program booths, and an Association marketing table with business information and giveaways. The same area and set-up was used for 2 additional festive events sponsored by the Association and Saul’s with klezmer music at the market on St. Patrick’s Day/Purim and in May for the holiday of L'og B'omer.
 Winter Holiday events included a Sidewalk Sale in the district in conjunction with ACCI Gallery’s 2nd Annual Holiday Street Market on Dec. 4th on Lincoln St. and Saul’s Latke Party on Dec. 4th and 5th. Both events had live music and other area businesses joined in with special sales and giveaways. M. Lowe & Co. had acoustic music outside, and Kitchen on Fire came outdoors to promote their classes and line of wellness teas and drinks during the event. The sale was marketed with print and online ads, and through our social media channels.

North Shattuck Association Annual Report April 21, 2022 5 kl
 The Executive Director worked with the Chamber of Commerce and the City of Berkeley on the citywide #BerkeleyHolidays Virtual Gift Guide, Holiday Fair, and the launch of Berkeley Bucks, promoting business participation and marketing the program and offerings in our district through our social media outlets.
 In addition to promotion of business offerings and gift ideas through e-blasts and social media, ads promoting the district, the gift guide, etc. the Holiday marketing program included a Direct Mail postcard promoting holiday shopping and support for our small businesses that went out to over 15,000 household in the immediate zip codes. The Association partnered with Nearlist to develop the piece and promote the online business directory on their mobile app.
 Worked with Visit Berkeley to promote their annual “March Munch Madness” version of Berkeley Restaurant Week in March 2022, which offered both to-go and outdoor dining options at several levels in conjunction with the college basketball finals. Participating area businesses included Agrodolce, Abstract Table, Cafenated Coffee Co., Lush Gelato and Kitchen on Fire.
 The Association funded a spring music series with combos from the Berkeley High Jazz Band to play on Saturdays outside the Post Office, hosted by M. Lowe & Co. Jewelers, to provide much-needed activity on the street and support the Jazz program.  As part of the North Berkeley in Bloom recovery campaign (March/April 2022), the Association worked with a local artist to produce a new series of decorative light pole banners to line Shattuck Ave. The banners have colorful hand drawn bird and flowers to fit the theme of re- opening.
 The Association coordinated another "Sidewalk" Sale on May 7 th featuring ACCI Gallery’s biannual exhibition of garden and botanical themed pieces, along with an Art & Plant Street Sale in partnership with the Berkeley Garden Club (BGC). More than 20 ACCI artists showcased their work on Lincoln Street in an open-air market. Other businesses did sales events and pop-ups, hosted music, etc.
 The Chocolate & Chalk Art Festival received a Civic Arts Recovery Grant of $15,000 for fiscal years 2022 and 2023. The funding will provide for increased marketing and outreach for the event, professional artist works, and larger prizes for chalk artists in the contest. The 2022 event will be held in August in partnership with Another Bullwinkel Show.

Budget - Fiscal Year 2023
Work Plan
The North Shattuck Association will continue implementation of the activities initiated in previous fiscal years and in accordance with the Management District Plan. Funds not expended in the previous year will be carried forward in addition to estimated Fiscal Year 2023 revenues. The work of the Association will continue to be guided by the Board of Directors and its committees. The goals and objectives for Fiscal Year 2023 are organized as outlined in the Management District Plan adopted in 2020.

North Shattuck Association Annual Report April 21, 2022 6 kl
Administration/Program Management
Goals: General oversight and direction of district activities; development of relations and coordination with outside groups and agencies, coordination of projects and programs, management of sponsorships and volunteers.

Objectives:
1) Oversee development of annual District work plan and detailed budgets, financial records and annual tax returns.
2) Conduct property owner outreach, property owner and business input to the Management Plan and various programs and activities.
3) Attend needed City of Berkeley Council and Commission meetings and prepare all required reports related to the annual City of Berkeley contract with the Association. 4) Prepare correspondence, letters of support, and grant applications with the City of Berkeley and other agencies, present testimony at meetings as needed. 5) Coordinate Board elections in July 2022 including nominations and property owner balloting. 6) Liaison with property owners, merchants, City of Berkeley, Chamber of Commerce, Visit Berkeley, Berkeley
District Identity & Placemaking
Goals: Create a unified, quality image for the district and implement promotion strategies that capitalize on the unique aspects of the area, including advertising, social media, brochures, special events, holiday promotions etc. Strengthen the physical environment and sense of place with public art, landscaping improvements and parklets, and other initiatives as developed.

Objectives:
1) Oversee implementation of the marketing and promotions strategy including designer/consultant selections, design processes, budgeting, and advertising placements. 2) Manage and promote the special events calendar and institute new events to further the image and various market segments of the district, including apparel, culinary, healthy living, and the arts.
3) Integrate existing businesses into special events and marketing campaigns through various means, including sponsorship, participation, promotional tie-ins, etc. 4) Coordinate public relations for the district and special events as needed. Generate press releases and promote editorial pieces on commercial and retail developments in the area.
5) Continue regular updates of the district website with business information and upcoming classes, special events, etc., produce a monthly Constant Contact e-newsletter, and maintain regular Facebook and other social media entries promoting business activities and press coverage.
6) Coordinate Thirsty Thursday events during the summer of 2022 (FY23), and other special event and business tie-ins to the weekly Farmers Market with the Ecology Center. 7) Work with ACCI Gallery on their Annual Seconds Sale, and other events, such as outdoor art fairs with activities to involve other businesses, the Cultural Trust, Event Producers Group, local schools, and neighborhood groups.
8) Continue to participate in the Berkeley Business District Network to review and evaluate proposed City policy changes, public improvement projects, planning changes and zoning amendments relevant to the commercial district. Coordinate with district businesses and

North Shattuck Association Annual Report April 21, 2022 7 kl
property owners to develop appropriate responses and present to City Council and Commissions.
9) Continue to work on parking issues in the district with the GoBerkeley Parking Program and investigate of improved usage of existing private parking resources for paid employee parking.
10) Work with the City and Ecology Center on issues related to the Farmers Market operations and marketing.
11) Develop and distribute quarterly e-mail newsletter updates to merchants and neighborhood groups with service accomplishments, event information, issue updates, and new business contacts. Continue to connect with outside groups and promote activities through various social media.
12) Identify and act on any business education/assistance needs for business retention and inform businesses and property owner of how to access all available business support financial and technical services.
13) Maintain inventory and lease information for vacant retail and office space in the District, current information for zoning regulations/amendments, and liaison with City and commercial brokers to attract and assist new businesses.
14) Prepare funding applications for public art and events through the City and State grant programs and administer projects with business involvement. 15) Coordinate the City’s Outdoor Commerce Grant Program and assist businesses with creating outdoor areas, upgrading structures and extending permits beyond the pandemic.
16) Work with the Berkeley Public Education Foundation, local schools and the Berkeley Business District Network, strategize on additional fundraising events to provide additional funding for classroom grants, for theater, science, art and gardening programs. 17) Oversee contract for installation of annual winter holiday street tree lighting throughout the district.
18) Organize a Holiday Events calendar including a “Snow Day” or other winter Festival, live music series, sidewalk sales and outdoor markets in coordination with ACCI Gallery and neighborhood shops.
19) Identify a non-profit partner and produce a Wine Walk fundraiser event, coordinating wineries, business participation, and marketing when appropriate. 20) Produce the “Taste of North Berkeley” restaurant walk to benefit local charities and highlight neighborhood shops and restaurants when appropriate.
21) Organize Association booths/tables at the weekly Farmers’ Market and other fairs and festivals to promote the district and gain newsletter and social media subscribers. 22) Promote virtual and in-person events when they resume at nearby venues such as Live Oak Park, the Jewish Community Center, Berkeley Arts Center, Theatre First and the Hillside Club. Work with producers to tie in district businesses through advertising and promotions.
23) Investigate grant funding opportunities and provide coordination between area businesses and property owners, City Departments, and outside agencies towards implementation of district- initiated projects and programs towards median improvement, pedestrian safety, improved bike facilities, and parking.
24) Investigate design and finding possibilities for a median landscaping improvement project to coincide with the Shattuck Ave. roadway repair project, including City funding and a UC

North Shattuck Association Annual Report April 21, 2022 8 kl
Berkeley Chancellor’s Grant.
25) Investigate opportunities for public art projects with ACCI Gallery, local artists, and local schools, including rotating storefront exhibits, art projects, temporary mural projects, etc.

Maintenance and Civil Sidewalks
Goals: Address issues related to cleaning and maintenance of the district; design and implement landscaping and other streetscape beautification improvements; provide input on development projects.

Objectives:
1) Provide ongoing maintenance monitoring, needs assessment, and coordination with appropriate city departments and contractors on projects including bicycle racks/facilities placement, street tree replacements and median landscaping as needed.
2) Oversee service contract with Peralta Service Corporation for regular sidewalk cleaning and special projects including tree well maintenance as needed. 3) Coordinate work of the City-funded Streets Team to assist with area clean-up one day per week when feasible.
4) Identify and address security and safety issues working with the Berkeley Police Department. Organize meetings of district businesses with patrol officers including walk- throughs and at general meetings, etc.
5) Coordinate meetings of merchants, property owners, BPD, and the City’s HOTT/mobile crisis team to deal with street behavior issues, trespassing and illegal dumping issues on private property and sleeping during the day in the public right of way. 6) Work with property owners and appropriate city departments to address signage conditions and the appearance of empty storefronts and vacant properties in the district.
7) Work with appropriate City departments, business and property owners, contractors, and volunteer designers to assist businesses to create and upgrade Outdoor Commerce areas in the district.

FY 2023 Budget
BID collections for Fiscal Year 2023 are projected to be $206,787 with no annual increase in assessments from Fiscal Year 2022. An estimated carryforward of $44, 418 in unexpended funds from Fiscal Year 2022 will be added to each expense category for a total budget of $251,205.

Services and expenditures will be made in accordance with the revised Management District Plan categories as follows:

NORTH SHATTUCK ASSOCIATION
Service/Expense Category under new
Management Plan
% of
Annual
Budget
Estimated Carryforward
from 2022 Fiscal Year
Fiscal Year 2023 Projected
New Revenues
Maintenance & Civil Sidewalks 40% $2,200 $82,715
District Identity & Placemaking 25% $5,340 $51,697
Administration/Program Management 30% $19,845 $62,036
Contingency 5% $17.033 $ 10,339
Total Estimated Budget 100%, $44,418 $206,787

North Shattuck Association Annual Report April 21, 2022 9 kl
The above budget is based upon the maximum amount of BID assessment revenues that could be collected in the District. Actual BID revenues may be lower if some assessments are not paid within the Fiscal Year. No changes to the boundaries of the district and the method and basis for levying the BID assessments were taken this year.

A listing of Fiscal Year 2023 assessments is attached as Exhibit B to this report.

Approved by:

Approved by the Board of Directors
Kirk McCarthy, President, North Shattuck
Association
On April 21st, 2022
Prepared by: Heather E. Hensley, Executive Director, North Shattuck Association

Exhibit B: North Shattuck BID FY 2023 Assessment Roll Page 1 North Shattuck Business Improvement District
FY 2023 Assessment Roll
APN Owner Name Site Address Private Parcels Public / Exempt Utilities 058 ‐2173‐002‐03 1600 SHATTUCK ASSOCIATES 1600 SHATTUCK AVE #1010 8,799.50$ 058 ‐2173‐004‐00 IRA SERVICES TRUST 1620 SHATTUCK AVE 916.84$ 058 ‐2173‐005‐00 KIM SAMIL & YOUNGJUNG 1650 SHATTUCK AVE 1,968.00$ 058 ‐2174‐001‐00 ARTS & CRAFT COOPERATIVE INC 1652 SHATTUCK AVE 1,588.26$ 058 ‐2174‐002‐00 NEIL JOE R & CAROL L 1654 SHATTUCK AVE 1,208.92$ 058 ‐2174‐003‐00 SATAKE 1 LLC 1662 SHATTUCK AVE 1,115.48$ 058 ‐2174‐004‐01 1995 KAM Y LAM & SHUN FAMILY TRS 1670 SHATTUCK AVE 1,168.60$ 058 ‐2174‐006‐02 ERDMAN JOHN C & ANNE M TRS 1690 SHATTUCK AVE 4,939.46$ 058 ‐2175‐001‐01 SCHWARTZ MICHELL J 1700 SHATTUCK AVE 3,849.16$ 058 ‐2175‐003‐00 BLUME JAMES & FRANK KATHRYN W 1708 SHATTUCK AVE 1,455.80$ 058 ‐2175‐004‐00 ROBINSON SCOTT & CHRISTINA C 1720 SHATTUCK AVE 737.34$ 058 ‐2175‐005‐00 PIERACKI ANDRZEJ TR 1730 SHATTUCK AVE 1,096.30$ 058 ‐2175‐006‐00 YI CHONG S 1748 SHATTUCK AVE 1,262.50$ 058 ‐2176‐001‐01 CAMPUS AUTO CARE 1752 SHATTUCK AVE 2,600.60$ 058 ‐2176‐003‐01 SHATTUCK INVESTMENT GROUP LLC 2083 DELAWARE 9,047.46$ 058 ‐2177‐015‐01 CLPF HILLSIDE VILLAGE LP 1797 SHATTUCK AVE 13,442.96$ 058 ‐2178‐018‐00 AMERICAN COMMONWEALTH ASSOC. 2109 VIRGINIA ST 6,159.30$ 058 ‐2178‐023‐00 DELANDA PAUL & SUSAN/KENDALL BETTY L 1619 SHATTUCK AVE 1,353.50$ 058 ‐2178‐024‐01 JCC SHATTUCK LLC 1607 SHATTUCK AVE 8,794.50$ 058 ‐2178‐026‐00 SHATTUCK OFFICE LLC 1625 SHATTUCK AVE 1,584.10$ 058 ‐2178‐027‐00 SHATTUCK OFFICE LLC 1625 SHATTUCK AVE 2,654.50$ 058 ‐2178‐028‐00 SHATTUCK OFFICE LLC 1625 SHATTUCK AVE 2,654.50$ 059 ‐2260‐001‐00 CONNOLLY ALLEN & CHRISTINE 2100 VINE ST 3,710.20$ 059 ‐2260‐002‐01 WALNUT SQUARE CENTER LP 2110 VINE ST 8,289.50$ 059 ‐2260‐015‐01 SWEET BOMBAY INC 1549 SHATTUCK AVE 1,212.80$ 059 ‐2260‐015‐02 MANN MELVIN M TR 1543 SHATTUCK AVE 2,039.18$ 059 ‐2260‐016‐00 GOODMAN CAROL E TRS ETAL 1537 SHATTUCK AVE 2,255.36$ 059 ‐2260‐017‐00 GACH MICHAEL R 1533 SHATTUCK AVE 1,680.30$ 059 ‐2260‐018‐00 LAM KELVIN S & JACKIE S/LAM GRACE & ALICE 1531 SHATTUCK AVE 3,526.08$ 059 ‐2260‐019‐00 MEYER PATRICIA L TRS & WARD DAW 1525 SHATTUCK AVE 2,268.24$ 059 ‐2260‐020‐03 APTE ROBERT Z & EVELYN L FAMILY 1519 SHATTUCK AVE 2,895.72$ 059 ‐2260‐021‐00 PAGNOL ET CIE INC 1517 SHATTUCK AVE 1,119.68$ 059 ‐2260‐022‐01 WONG PUI & HOSANNA H 1515 SHATTUCK AVE 1,044.96$ 059 ‐2260‐022‐02 ELITE PROPERTIES LLC 1511 SHATTUCK AVE 3,208.62$ 059 ‐2261‐001‐02 RUE ELL ENTERPRISES INC 1451 SHATTUCK AVE 10,768.12$ 059 ‐2261‐004‐03 JC ARUM LLC 1444 WALNUT ST 2,287.68$
059 ‐2261‐005‐00 RUEGG & ELLSWORTH 2113 VINE ST 1,125.50$ 059 ‐2261‐006‐00 RUEGG & ELLSWORTH 2111 VINE ST 1,993.76$ 059 ‐2261‐007‐00 RUEGG & ELLSWORTH 1495 SHATTUCK AVE 2,655.00$ 059 ‐2261‐008‐00 TARVER DEWEY G & CARMEL A TRS 1481 SHATTUCK AVE 1,143.80$ 059 ‐2261‐009‐00 LATKE ENTERPRISES LLC 1475 SHATTUCK AVE 1,383.00$ 059 ‐2261‐010‐00 WONG HENRY F TR & WONG PUI T E 1463 SHATTUCK AVE 2,412.24$ 059 ‐2262‐001‐00 SHATTUCK ROSE L P 1400 SHATTUCK AVE 5,768.68$ 059 ‐2262‐005‐00 HIRAHARA BRIAN & TAMURA RAYMOND 1480 SHATTUCK AVE 3,009.04$ 059 ‐2262‐006‐00 RIPSTEEN RYAN & ARLINGTON INVESTMENT CO 2085 VINE ST 1,334.56$ 059 ‐2262‐021‐02 SAFEWAY INC 1425 HENRY ST 22,794.68$
059 ‐2262‐021‐03 SAFEWAY INC 1425 HENRY ST 1,761.80$
059 ‐2263‐003‐01 HEFTER & MURPHY LLC 2044 VINE ST 4,547.54$ 059 ‐2263‐006‐01 BANK OF AMERICA NATIONAL TRUST 1516 SHATTUCK AVE 4,326.08$ 059 ‐2263‐009‐00 PRIMA DONNA HOTELS INC 1540 SHATTUCK AVE 1,647.40$ 059 ‐2263‐010‐01 BERKELEY BAZAAR PARTNERS 1550 SHATTUCK AVE 18,076.68$ 059 ‐2263‐024‐01 BANK OF AMERICA NATIONAL TRUST 1536 SHATTUCK AVE 2,415.90$ 060‐ 2455‐064‐01 CALTHORPE PETER & DRISCOLL JEAN 2095 ROSE ST 3,219.82$ 060‐ 2455‐067‐00 GORDON JOHN K & MITCHELL JANIS 2091 ROSE ST 6,044.00$ Totals Private  Parcels Public / Exempt Utilities Totals Revenues $210,363.51 $0.00 $0.00 $210,363.5 1
Count of Properties 54 0 0 54
County Collection Fee @ 1.7%: 3,576.18$                   Net Assessment Revenue: $206,787.33 Note: Data for APN, Owner and Land Use from the City's Land Management System is current as of March 29, 2022.

Updated data from the County current as of December 31, 2021, will be available in July 2022.

FY 2023 Assessment

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Assessments: Telegraph Property Based Business Improvement District

RECOMMENDATION
Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of FY 2022 and proposed budget for FY 2023, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2023.

SUMMARY
The Telegraph Property Based Business Improvement District (TBID or “the District”) provides cleaning, hospitality and marketing services for Berkeley’s Telegraph Avenue commercial district. In May of 2017 the TBID was geographically expanded and renewed for a ten-year period, authorizing operations through December 31, 2027, and designating the Telegraph Property and Business Management Corporation (TPBMC) as the District’s Owners’ Association. Annually, Council must approve the TBID’s annual report and proposed budget and declare its intention to levy an annual assessment.

The City of Berkeley owns one parcel (the Telegraph Channing Parking Garage at 2431 Channing Way) within the boundaries of the TBID and is required by state law to pay the associated assessments. The assessment payment will be $49,103 in FY 2023; in addition, the City will pay the General Benefit portion of the TBID costs, or roughly $29,816.44. The City already makes an annual grant to TBID, through the Public Commons for Everyone Initiative (PCEI), which exceeds this general benefit amount, so there will be no new fiscal impacts related to funding the general benefit.

FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the Telegraph Property Based Business Improvement District (TBID or “the District”) support a package of improvements and activities approved by the property owners and the City Council when the District was renewed for a ten-year period on May 2, 2017 (Resolution No. 67,940-N.S.). Assessment funds are collected by the Alameda County Assessor’s Office, relayed to the City of Berkeley, and disbursed through a contract with the Telegraph Property and Business Management Corporation (TPBMC), a private owners’ association that was established to implement the Management District Plan. TPBMC has an active contract with the City, not to

08

Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR May 31, 2022

exceed $7,410,024 of BID revenues, to implement the Telegraph Management District Plan for the period January 1, 2018 to December 31, 2027 (Contract No. 10835).

Collections from private parcel assessments (less the county’s collection fee of 1.7%) are projected and budgeted at approximately $583,315 in FY 2023. Collections from tax exempt parcels (owned by the Regents of the University of California and the City of Berkeley) are projected and budgeted at approximately $161,079 in FY 2023. Annual and accrued private parcel assessment funds are deposited into Telegraph BID Fund 784-33-324-342-0000-000-000-412110 and expended from fund 784-21-208-251-0000- 000-446-612990. An annual increase of up to 3% to account for inflation is allowed by the Management District Plan and must be approved by a majority of the TPBMC’s Board of Directors. On April 12, 2022 the TPBMC board met and voted to raise assessments by 3% from the FY22 level due to a variety of factors including the modest increase in previous years. Project funds not spent in any given fiscal year are carried over into future years. TPBMC collects assessments directly from the University of California with no involvement from the City.

Under the provisions of Proposition 218 in the California Constitution, government agencies must pay assessments on properties they own in property-based BIDs, just like private property owners, unless they receive no benefit. Payment is collected from private property owners through property tax bills. Payments are due from non-property tax-paying entities concurrently. The City’s assessment payment in FY 2023 would be $49,103 (increased by $1,430) from the FY2022 assessment of $47,673). The City’s assessment is paid annually through the Off-Street Parking Fund (627-54-622-665- 3002-000-474-639990).

The City also pays for the “general benefit” portion of the TBID budget. “General benefits” represent that small portion of the overall benefits generated by a property- based business improvement district which are found to accrue to the general public who are not assessed and do not participate in the economic or social activities of the district. The engineer’s report commissioned for the reestablishment of the TBID in 2017 calculated that the baseline general benefit for the district would be approximately $28,947 annually. The City already makes annual grants to the TBID which exceed this amount, so there will be no new fiscal impacts related to funding the general benefit.

By financing improvements, maintenance and welcoming activities for the City’s central business district, the TBID indirectly enhances sales tax, business license tax and other business-related City revenue sources.

CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based business improvement districts (BID) (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.

Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR May 31, 2022

The Board of Directors of the Telegraph Property and Business Management Corporation (TPBMC), the non-profit that manages the TBID, met in a publicly noticed meeting on April 12, 2022 to review and approve the attached Annual Report for the TBID and Budget for FY 2023 (Exhibit A). The report includes a budget for improvements and activities for FY 2023 and an estimated cost for providing them. The report also recommends that the assessments for FY 2023 be levied on the same basis and method, and within the same boundaries, as they were levied for FY 2022, with a 3% increase (Exhibit B: Telegraph BID FY 2023 Assessment Roll). Council can adopt the recommended Resolution which will confirm the TBID assessment, and thus enable continuous BID operations for another year.

BACKGROUND
The TBID is a benefit assessment district that provides cleaning, hospitality and marketing services for Berkeley’s Telegraph Avenue commercial district. The TBID was created in 1998 pursuant to California’s “Property and Business Improvement District Law of 1994” to provide needed improvements and activities to assessed property owners. Since the initial five-year term, the TBID has been renewed for a second five-year term in 2003, a ten-year term in 2008, and underwent an expansion and ten-year renewal in 2017. As such, the TBID is authorized through 2027 unless action is taken to disestablish it.

In FY 2023, the District should generate approximately $750,257 for the provision of “Clean, Safe, and Beautification” services, communications and economic development, and related management and administration. The budget of the TBID is approximately $761,274 inclusive of taxable and non-taxable parcels and private donations, and net of the County 1.7% collection fee on private parcels (Exhibit A). The TBID Assessment Revenue amount articulated in Exhibit A ($514,102.22) is slightly different ($69,212) to account for uncollectable property tax and funds that will be carried forward from the prior year.

The Management District Plan that was adopted by Council in 2017 as part of the reestablishment of the District provides a framework and budget for the TBID’s activities, assessment method, and illustrates the TBID boundary and benefit zones.

The Management District Plan provides for services above and beyond those provided by the City of Berkeley. Under “The Right to Vote on Taxes Act” (also known as Proposition 218) all public agencies are required to pay the same assessments for public property that apply to private property. The City owns one property within the district, the Telegraph Channing parking garage at 2431 Channing Way. The FY23 assessment for that property will be $49,103, a $1,430 increase (approximately 3%) from the FY2022 assessment.

In FY 2023, the TBID will continue its ongoing “clean safe and beautification” activities, including ambassador services, graffiti removal, manual sidewalk cleaning and sidewalk pressure washing, hazardous waste cleanup, gutter and storm drain cleaning, street sweeping, litter removal, enhanced landscaping and landscape maintenance, and small

Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR May 31, 2022

infrastructure improvements including holiday lights, place-making activities, seasonal promotions, and other special projects. The TBID will also continue its program of communications and community development activities to provide a unified voice to represent the best interests of the assessed parcels, and fulfill a slate of stakeholder communications that support the District’s agenda to attract visitors. The TBID will also continue to liaison and coordinate with other business district organizations, including Visit Berkeley, the Chamber, and the Berkeley Business District Network members to promote local business and commercial development opportunities in Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the district, the TBID creates shopping opportunities for residents and visitors while encouraging alternative forms of transportation. The District is also served by several AC Transit lines and BART, which provide access to visitors from around the region. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation choices.

RATIONALE FOR RECOMMENDATION
The Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be levied. Council action is required to approve the BID’s Annual Report, and declare its intent to levy assessments. This private/public partnership will continue to provide significant resources for Telegraph area revitalization, which has had a positive effect on the physical and economic health of the district.

ALTERNATIVE ACTIONS CONSIDERED
The Board of the TBID considered a range between 1.5% and 3% increases in assessment rates but instead decided to opt for a 3% increase (the maximum allowable is 3%) to its existing assessment rate, in order to make adequate investments in expanded capacity of the Ambassador Program, and increase marketing efforts to promote district businesses.

CONTACT PERSON
Kieron Slaughter, Office of Economic Development, (510) 981-2490 Attachments:
1: Resolution Approving the Annual Report and Levy of Assessments for the Telegraph Property and Business Improvement District
Exhibit A: Telegraph Property and Business Improvement District: Annual Report 2022 and Budget FY 2023
Exhibit B: Telegraph Property and Business Improvement District FY2023 Assessments

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

APPROVING THE ANNUAL REPORT OF THE TELEGRAPH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022 AND DECLARING INTENT TO LEVY ASSESSMENTS FOR FISCAL YEAR 2023
WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et Seq., hereafter the “Act”) authorizes cities to fund property related improvements, maintenance and activities through the levy of assessments upon the real property that benefits from those assessments; and WHEREAS, after ten years of successful operation, on May 2, 2017 the Berkeley City Council reestablished the Telegraph Business Improvement District (hereafter, “the District”) for an additional ten-year period by Resolution No. 67,940-N.S.; and WHEREAS, on April 12, 2022 the Board of Directors of the Telegraph BID adopted the Annual Report to the City of Berkeley FY 2022 (hereafter “Annual Report”) that describes the operations of the District in FY 2022, recommends services for FY 2023 and proposes a budget for FY 2023 (Exhibit A); and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report (Exhibit A) and declares its intent to levy special assessments on property within the boundaries of the District for FY 2023 (Exhibit B).

BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Management District Plan (Plan) that was adopted on May 2, 2017, when Council renewed the Telegraph BID through Resolution No. 67,940-N.S.

BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Plan and the Annual Report.

BE IT FURTHER RESOLVED that the cost of providing the improvements and activities is as described in the budget that accompanies the Annual Report.

BE IT FURTHER RESOLVED that to finance these improvements and activities, the Annual Report and Budget includes a 3% increase to the assessment rate for FY 2023. Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY2023 and confirm disbursement of TBID assessment revenue to the Telegraph Property and Business Management Corporation provided for in Contract No.10835.

Exhibits:

A: TBID Annual Report for FY 2022 and Proposed Budget for FY 2023 B: TBID Assessment Roll FY 2023

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year (FY) 2022 and Budget for FY 2023

The Telegraph Property and Business Improvement District (TBID), managed by the Telegraph Property and Business Management Corporation (TPBMC), was renewed for a ten‐year period by an affirmative vote of the property owners of the Telegraph commercial district by mail‐in ballot in the spring of 2017. This vote was affirmed without protest by the City Council on May
2, 2017. This report is for the fiscal year starting July 1, 2021 and ending June 30, 2022 of this ten‐year period.

In accordance
with 36650 (b) of the Streets and Highway Code for the State of California, the TPBMC affirms the following:

1. The TPBMC proposes no changes in TBID boundaries for the 2022‐23 fiscal year (abbreviated “FY”).

2. The TPBMC will continue to provide the same services as has been outlined in the Management District Plan of September 21, 2016. These services include street and

sidewalk cleaning and beautification, marketing and promotions, decoration, and maintenance of a district office.

3. The budget for FY 2022‐2023 approved by the TPBMC Board of Directors on April 12, 2022 provides for $761,274.50 in
expenditures and $750,257.86 in revenues. An
estimated $2,044.47 of net revenue from FY 2022 will carry over to FY 2023.

4. On April 12, 2022, the TPBMC Board of Directors approved a 3% assessment rate increase for FY 2022‐23, as allowed in the Management District Plan.

5. In addition to assessments levied on real property, including the City‐owned Telegraph Channing Garage, FY 2023 income will be derive
d from the following sources: (1) an
annual contribution from University of California of $131,563.53; (2) PCEI (Public Commons for Everyone Initiative) grant funds from the City of Berkeley of $49,139; (3) the fiscal sponsorship fee of $1,250 fro
m the Solano Business Improvement District; and
(4) anticipated grants and private donations, for special programs.

Based on the TBID Strategic Plan that was developed in 2016 and updated in 2018, the TBID has six strategic goals.

1. Improve the pedestrian environment

2. Support
businesses, non‐profits, and residents within the District

3. Make the District more accessible (bicycling, parking, and transit)

4. Improve the Telegraph brand through marketing, events, and promotions

5. Better serve District stakeholders as a convener and advocate on issues that impact the success of the District

6. Develop and foster a vibrant destination and experience (including nightlife; diversity of
programs, venues, and activities)

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year (FY) 2022 and Budget for FY 2023

FY 2023 Budget of the Telegraph Property and Business Improvement District

Revenue
Tax Assessments TBID Members $514,102.22
Tax Assessments -COB Property $49,103.11
Tax Assessment - UC Berkeley $131,563.53
City of Berkeley - PCEI Grant $49,139.00
City of Berkeley Events Contribution $5,000.00
Solano BID Fiscal Sponsorship $1,250.00
Interest $100.00
Total Revenue $750,257.86

Expenses

Administration $222,389.67
Maintenance $493,734.83
Marketing $23,150.00
Events $22,000.00
Total Expenses $761,274.50

In addition to the operating expenses adopted in the FY23 budget, the TBID board of directors designated a Capital Improvements Fund with a balance of $35,000. The fund is part of the organization’s Clean, Safe & Beautification budget and will be used for the purchase, maintenance, and replacement of art and special projects in the public realm. Anticipated projects that will be supported by the fund in FY23 include: the Dwight Triangle rebuild, and the new 24/7 public restroom.

FY22 Accomplishments and FY23 Pl
anned Activities
The following is a summary of the activities that the TBID undertook in Fiscal Year 2021‐22 to further their strategic goals, and the planned activities for Fiscal Year 2022‐2023:

1. Improve the pedestrian environment
a. Purchased seventeen new self
‐watering sidewalk planters for various locations around the  district.  The  new  planters  are  being  installed  in  the  spring  of  ‘22,  greening  and improving the aesthetics of the streetscape.
b. Utilized  the  caseme
nts  on  Dwight  and  Telegraph  as  well  as  Bancroft  and  Telegraph  to advertise the welcome back deals by various businesses along the Avenue, promote the Grateful Day Fest, Historic Walking Tour, and created evergreen posters to cycle through when not displaying promotions.
c. Coordinated with Berkeley Public Work s on the 24/7 public restroom project to complete the public input and location selection process. The new Portland Loo unit is scheduled for installment in early 2023 and the TBID is collaborating with the City on best practices for maintenance and staffing.

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year (FY) 2022 and Budget for FY 2023
d. Supported  the  roll‐out  of  three  new  IKE  Smart  City  kiosks  on  Telegraph.  Our  ongoing partnership with IKE, City of Berkeley, and Visit Berkeley is focused on installation of two more  kiosks  and  leveraging  the  platform  as  a  communications  and  economic development
tool for the district.
e. Enhanced  the  annual  holiday  decorations  with  better  pole  light  placements  and  our storefront string light lending program.
f. Served as a partner in the UC Move‐out process with the University and City of Berkeley’s neighborhood  services/code  enforcement.  Received  a  very positive  response  to  the
reduction  in  waste  and  increase  in  donated  items  from  both  the  City  and  campus stakeholders. Partnership is ongoing.
g. Provided advice and guidance to merchants and property owners navigating quality of life, crime and public safety issues. Continuing to facilitate routine coordination between TBID Ambassadors and
social and public safety services from the City and University. h. Enhanced  merchant  and  visitor  safety  with  dedicated  prevention  efforts  and  active incident  response  by  Telegraph  Ambassadors.  The  addition  of  a  new  utility  cart  will expand capacity and effectiveness of the program.

2. Support businesses, non‐profits, and residents wit
hin the District
a. Continued our partnership with UC Berkeley New Student Services on the New Student Dine‐Around for the Fall ’21 Golden Bear Orientation. $100,000 of program revenue paid directly to 22 participating restaurants in the district that served 5,123 meals to incoming students. The continuing partnership is looking forward to Fall ’22. b. Provided  timely  and
relevant  information  to  businesses  regarding  COVID  public  health guidelines,  resources,  and  regulations.  Distributed  over  6,000  free  face  masks  to businesses,  vendors,  and  visitors.  Printed  and  distributed  hundreds  of  mask/vaccine policy posters and info sheets to businesses.
c. Supported Visit Berkeley’s rollout of Berkeley Bu
cks program. Connected businesses with
VB  lead,  Jeffrey  Church  for  additional  support.  Provided  troubleshooting  as  needed.

Bonus  incentive  to  participate,  VB  issues  $100  Berkeley  Bucks  Cards  to  Social  Media influencers to spend during Restaurant Week. There are currently 11 participants. d. Piloted Instagram influencer collaborations in  partnership with Taco & Co. Scheduled a handful of content creators to visit and shoot on location then post on their feeds. Our Holiday Campaign in December included six content creators who highlighted dozens of retail businesses and restaurants, and shared their experience on Telegraph with their audience. One Holiday Campaign reel garnered 711 likes, and 10.9k views. Additional collaborations during
the Visit Berkeley restaurant week highlighted seven restaurants, resulting in higher visibility for the Telegraph District  in 11% of posts and 33% of reels (with 57,359 views) under the campaign hashtag #BRW22.
e. Offered individualized social media support/consultation to merchants. Audited  social media presence for Berkeley Thai House and D’yar, then provided tutorials for tips and tricks to boost engagement. Created accounts for Bear’s Ramen House and Dumpling Express and currently working with owners to create a social media marketing plan. f. Spotlight on grand openings of new businesses. Highlighted Sneaker Shop, Vintage Shop and So‐So Marketpl
ace when they opened their doors. Supported Sizzling Lunch VIP

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year (FY) 2022 and Budget for FY 2023
Night. Creating a playbook for future openings. Preparing for upcoming events by establishing relationships and welcoming businesses such as GamedayVR and Mosaic Boulders learning about them to maximize our combined efforts to draw people to Telegraph Avenue.
g. Maintained direct lin
es of communication with merchants and property owners to navigate safety concerns, connect with public services, and respond to concerns on a range of issues from permits, utility/infrastructure projects, maintenance requests, access constraints, and more. The individualized attention as a liaison with local government improves community relations and engagement in public initiatives. h. Facilitated participation of community stakeholders in planning and policy initiatives
including the AC Transit Rapid Corridors project, Reimagining Public Safety Initiative, 24/7 Public Restroom project, and local business policy initiatives.

3. Make the District more accessible
a. Participated as a core community stakeholder in the Southside Complete Streets Project conceptual design process. Our extensive engagement included hosting community input sessions, an online survey, stakeholder meetings, reviewing design options, robust
advocacy, and coordination with project staff. Continued participation in the engineering design phase is focused on ensuring merchant and property owner operational needs are co
nsidered and advocating for prioritization of improvements that promote business activity and economic growth.
b. Introduced a renewed vision for the Dwight Triangle traffic median to create a public plaza. The long‐term project is a major facet of the initiative to bolster business activity along Telegraph south of Dwight and improve the flow of pedest rian traffic. A showcase
is planned for May 2022 which will be followed by additional review and a demonstration pilot project.
c. Initiated community visioning project for the 2500 block of Durant Ave. to elevate the identity of the vibrant restaurant scene and deve lop public realm improvements.

Ongoing partnership with the City aims to address congestion and double parking in ways that are mutually beneficial for retail businesses, customers, and visitors. d. Elevated concerns regarding the conditions of the Telegraph‐Channing garage resulting in additional maintenance and efforts to address failing infrastructure. Ongoing advocacy is aimed at advancing planned
capital improvement projects for the elevators
and restrooms.
e. Participated in the GoBerkeley Smart Space Community Advisory Committee and facilitated engagement from district businesses. Developing partnerships with the City and AC Transit to support businesses in expanding commuter benefits for employees. f. Engaged with  the City Transportation Division to update parking restrictions in Telegraph Ave loading bays to allow evening parking aligned with adopted City policies.

4. Improve the Telegraph brand through marketing, events, and promotions a. Held the 6th annual Grateful Day Fest in November after a massive storm forced a reschedule of the event. It was held on the first two blocks of the Avenue with a stage, live Uke band and Dj as well as an outdoor marketplace with 20+ vendors . The new mix

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year (FY) 2022 and Budget for FY 2023
of acts and vendors attracted approximately 1,500 visitors to the district and brought in significant foot traffic.
b. Establishing an inclusive engaged organically growing Instagram account for Telegraph Ave that showcases the various busin esses to an audience of 2k+ and reaching 20k+ accounts monthly, with 66% of the audience aged 24 years and older. Grew Telegraph Berkeley Instagram following from 1400 to over 2200 organically utilizing user generated content.
c. Pulling inspiration from successful events from the past, Sunday Best is the next evolution of Telegraph annual fair. This year we are bringing out our Sunday Best and having
a block party with a state fair flare. In partnership with businesses we will showcase the best that Telegraph has to offer from new Virtual Reality chairs from GameDayVR to spicy noodle eating contest hosted by Berk eley Thai House. d. Completed the installation of the Pole Icons for the Telegraph Historical Walking Tour, calling attention to the unique stories and legacy of the District. Work is underway to revamp the outreach and increase downloads and usage.
e. Supported Visit Berkeley’s annual Restaurant Week by encour aging restaurants to participate. Provided additional background knowledge of the program and acted as liaison through the event. Scheduled content creators to visit participants and shared content on social media.
f. Partnered with Berkeley Half Marathon to tap into the running community. Created an opportunity for businesses to engage with participants running through the district.

Held a giveaway for a free ra
ce entry, made an evergreen welcome banner, branded
cowbells and hired musicians to make the experience memorable for runners. g. Led the first Telegraph District celebration of National Boba Tea Day in 2021 with a reusable boba straw give‐away and advertising of the District’s unparalleled collectio n of boba tea shops. The April 2022 celebration will include additional prizes and live engagement with customers, video features of the businesses, influencer collaborations, and regional advertising.

5. Better serve District stakeholders as a convener and policy conduit on issues a. Coordinated relief and support  efforts in response to the COVID‐19 outbreak, in partnership with the City, UC Berkeley, and business organizations city‐wide. Provided personalized assistance to merchants seeking information and resources. Coordinated with City officials and business representatives to host merchant forums and provide constructive feedback on public health order implementation. b. Formalized robust state
ments of support for the housing and open space revitalization project at People’s Park. Actively advocated to the City and University to support the development plans including the Resources For Community Development Supportive Housing project. Generated additional community support for the project including ongoing partnership effo rts behind the supportive services for the unhoused population.
c. Promoted new mixed‐use housing developments in the district by voicing support during the entitlements process and encouraging changes to land‐use policies that increase density and reduce barriers to growth.

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year (FY) 2022 and Budget for FY 2023

Telegraph Clean & Safe Ambassador Program

The single most significant element of the TBID's ongoing work is their ambassador program which is provided through a contract with Block by Block. In keeping with the Management
District Plan, the program provides 240 hours per week of cleaning and hospitality services year‐round, seven days a week. Services include: trash and graffiti removal, power washing, sanitation, and beautification projects.  The program comprises roughly 65% of the TBID’s budget.

The program also works collaboratively with  UC Berkeley’s Homeless Outreach Coordinator and City staff to address the needs of unhoused community members in the District.  The Ambassadors are trained in de‐escalation and conflict resolution strategies; and respond to help unhoused community members, businesses, students, and local agencies to peacefully navigate conflicts and disruptive behaviors (often the result of substance abuse or a mental health crisis). Finally, our organization facilitates weekly coordination/case management meetings with city and university staff (social service and law enforcement) resulting in a more thoughtful and humane approach to problems involving our unhoused community.

Ambassador Cleaning Statistics for FY21‐22
311
Requests
Graffiti Tags
Remo
ved
Handbills
Removed
Hazardous Waste
Clean‐ups
Power Washing
Hours
Trashcans
Leveled
Lbs of Trash
Removed
319 3,318 6,371 2,148 428 3,151 137,130

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2023 Assessments APN OWNER NAME STREET
NUMBER STREET NAME Tax Exempt Private  Parcel
055 188600300 2312 ELLSWORTH LLC 2312 ELLSWORTH  ST 939.84$ 055 187800300 2340 TELEGRAPH PROPERTY LLC 2328 TELEGRAPH  AVE 11,042.95$ 055 187601200 2369 TELEGRAPH LLC 2369 TELEGRAPH  AVE 1,676.84$ 055 188000100 2400 TELEGRAPH AVE LLC 2486 CHANNING  WAY 6,274.22$ 055 188300500 2414 DANA ST L P 2414 DANA  ST 826.40$
055 186801100 2415COLLEGE LLC 2415 COLLEGE  AVE 3,271.30$ 055 187800701 2425 DURANT AVENUE LLC 2425 D URANT AVE 1,660.71$ 055 188101800 2442 HASTE STREET LLC 2442 HASTE  ST 2,010.43$ 055 184600101 2501 BENVENUE LLC 2501 BENVENUE  AVE 3,516.32$ 055 187503001 2506 HASTE STREET PARTNERS LLC 2506 HASTE  ST 1,913.58$ 055 187701100 2509 DURANT LLC 2347 TELEGRAPH  AVE 4,477.82$ 055 187701400 2522 BANCROFT WAY LLC 2522 BANCROFT  WAY 1,476.06$ 055 183902000 2539 TELEGRAPH LLC 2539 TELEGRAPH  AVE 17,600.84$ 055 183901901 2565 2589 TELEGRAPH BLAKE LLC  2587 T ELEGRAPH AVE 7,357.12$ 055 183700300 2588 TELEGRAPH AVENUE LLC 2590 TELEGRAPH  AVE 3,631.01$ 055 183600802 2614 TELEGRAPH LLC 2614 TELEGRAPH  AVE 815.80$ 055 183603100 2616 TELEGRAPH AVENUE LLC 2616 TELEGRAPH  AVE 2,550.25$ 055 187100600 2631 DURANT DEVELOPER LLC 2637 DURANT  AVE 3,404.04$ 055 184600300 2644 BERKELEY LLC 2644 DWIGHT  WAY 2,711.36$ 055 183500901 2650 TELEGRAPH LP 2650 TELEGRAPH  AVE 1,508.38$ 055 183802300 A & A BERKELEY PARTNERS LLC 2501 DANA ST 163.57$ 055 187602200 ALLEN HYE K & KIM JOE TR 2511 CHANNING  WAY 1,990.14$ 055 186901100 ALPHA BETA HALL 2345 COLLEGE  AVE 1,706.47$ 055 184302603 AM BAPTIST SEMINARY OF WEST 2511 HILLEGASS  AVE 6,503.61$ 055 187100103 AMI LLC ETAL 2680 BANCROFT  WAY 2,932.37$ 055 187100203 AMI LLC ETAL 2310 COLLEGE  AVE 1,486.65$
055 187102000 AMI LLC ETAL 2680 BANCROFT  WAY 788.78$
055 183503300 ANANTHARAM VENK ATACHALAM 2628 TELEGRAPH  AVE 136.94$ 055 188200200 ANDREONI THOMAS L & STANTON KAREN J TRS 2440 DANA  ST 828.38$ 055 184200100 ARANGUREN MARY L & JACKSON ALEX ETAL 2503 REGENT  ST 580.64$ 055 188303000 AYSOY SUKRAN TR 2406 DANA  ST 166.26$
055 187800200 AYYAD FUAD & MUNA I 2312 TELEGRAPH  AVE 3,066.85$ 055 187000900 BALAJI EQUITY MANAGEMENT LLC 2319 COLLEGE  AVE 1,506.63$ 055 186801300 BEAR HAV EN LLC 2409 COLLEGE  AVE 2,310.36$ 055 188401500
BERKELEY ARCHITECTURAL HERITAGE
ASSOCIATION 2318 DURANT  AVE 1,502.51$
055 188500800 BERKELEY CANTERBURY FOUNDATION INC 2334 BANCROFT  WAY 1,436.14$ 055 188500201 BERKELEY CITY CLUB 2315 DURANT  AVE 1,434.14$ 055 188500202 BERKELEY CITY CLUB 2315 DURANT  AVE 8,538.74$ 055 187601302 BERKELEY MULTIFAMILY I PROPERTY 2500 DURANT  AVE 10,334.44$ 055 187701300 BERKELEY MULTIFAMILY I PROPERTY 2301 TELEGRAPH  AVE 11,834.80$ 055 183801300 BERKELEY MULTIFAM ILY II PROP 2410 DWIGHT  WAY 1,346.03$ 055 183500700
BERKELEY TELEGRAPH LLC & 2640 TELEGRAPH
AVE LLC 2640 TELEGRAPH  AVE 1,164.08$
055 183502100 BOLT DIANNA 2628 TELEGRAPH  AVE 136.94$
055 187001000 BREIT SH BERKELEY LLC 2700 BANCROFT  WAY 5,734.89$ 055 184002401 CALIF ANN CONF METH CH 2655 TELEGRAPH  AVE 8,160.46$ 055 187900400 CAMOU TELEGRAPH AVENUE PROPERTIES LLC 2386 TELEGRAPH  AVE 992.86$ 055 183503200 CHANG DAVID F & KUO MA RGARET 2628 TELEGRAPH  AVE 136.94$ 055 184003500 CHANG MARINA 2615 TELEGRAPH  AVE 115.01$
055 183502800 CHEN ZIXIN 2628 TELEGRAPH  AVE 136.94$
055 183802800 CHEN ZIXIN 2501 DANA  ST 186.81$
055 188303200 CHIEN CHARLES & SHERI I 2406 DANA  ST 166.26$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2023 Assessments APN OWNER NAME STREET
NUMBER STREET NAME Tax Exempt Private  Parcel
055 183802200 CHIN JACKSON 2501 DANA  ST 156.80 $
055 184200500 CHIU EDMUND S & BONNETTE S 2532 DWIGHT  WAY 813.37 $ 055 183900400 CHU FAMILY LLC 2517 TELEGRAPH  AVE 6,034.41 $ 055 183502400 CHUANG PATRICK C & HSIUNG YINGSHENG 2628 TELEGRAPH  AVE 136.94 $ 055 188200100 CHURCH IN BERKELEY 2430 DANA  ST 2,013.94 $ 055 187900601 CITY OF BERKELEY 2431 CHANNING  WAY 49,103.09$ 055 183901502 CLARA&SONIA LLC 2529 TELEGRAPH  AVE 2,593.80 $ 055 188300100 COLLIER PAME LA & BATTI GREG TRS 2400 DANA  ST 699.93$ 055 187100401
CORKINS A A, RUSHTON R P, MISHRA S K, BROWN
C E TR 2639 DURANT  AVE 1,093.51$
055 188000400 CREATIVE PROPERTY TELEGRAPH LLC 2426 TELEGRAPH  AVE 986.02$ 055 187900500
DABEL GRETCHEN W TR BYPASS TRUST & DABEL
GRET ETAL 2392 TELEGRAPH  AVE 1,133.63$
055 183802900 DAI GEORGE S. & LUNA Y TRS & DAI COR NELIA 2501 DANA  ST 195.64$ 055 184005200 DELENGOCKY TAYSON 2615 TELEGRAPH  AVE 130.92$ 055 187100300 DELTA DEUTERON BLDG ASN 2647 DURANT  AVE 2,091.72$ 055 186701300 DISANO JOSEPH R & DISANO JO 2435 COLLEGE  AVE 1,130.61$ 055 184200401 DOTP 2530 LLC 2526 DWIGHT  WAY 2,097.41$
055 187800100 DOWNEY NANCY B TR & ROUSH VIRGINIA B TR 2310 TELEGRAPH  AVE 4,499.88$ 055 187700200 DOYLE ELAINE M TR 2310 B OWDITCH ST 902.08$ 055 183502300 DU LIMING 2628 TELEGRAPH  AVE 136.94$
055 187700900 DURANT PLACE 2517 DURANT  AVE 3,290.35$
055 183801600 DWIGHT BLAKE APARTMENTS 2420 DWIGHT  WAY 1,008.51$ 055 184004300 ELA PROPERTIES LLC 2615 TELEGRAPH  AVE 125.64$ 055 188600200 ELLSWORTH INVESTMENT LLC 2306 ELLSWORTH  ST 1,612.07$ 055 187504300 ENCLAVE PARTNERS DH LLC                2429 TELEGRAPH  AVE 2,797.67$ 055 187504400 ENCLAVE PARTNERS DH LLC                2509 HA STE ST 699.42$ 055 187504500 ENCLAVE PARTNERS DH LLC                2503 HASTE  ST 7,881.55$ 055 188000501 ENT KENNETH E & GREGORY W TRS 2441 HASTE  ST 10,260.76$ 055 188000700 ENT KENNETH E & GREGORY W TRS 2435 HASTE  ST 990.79$ 055 187101300 ESLAMI AHMAD A 2311 BOWDITCH  ST 357.96$
055 183802400 FANG KEITH F & TSENG SUHSIEN T 2501 DANA  ST 160.68$ 055 184600400 FERG USON JAMES I & ARLENE M TRS 2646 DWIGHT  WAY 983.29$ 055 187401200 FIRST CHURCH CHRIST SCIENTIST 2619 DWIGHT  WAY 1,807.91$ 055 188001100 FIRST CHURCH FOUNDATION 2423 HASTE  ST 604.80$ 055 188400100 FIRST CONG CH OF BERK 2345 CHANNING  WAY 5,893.82$ 055 188401600 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2326 DURANT  AVE 717.07$ 055 188401700 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2330 DURANT  AVE 1,011.62$ 055 188401800 FIRS T CONGREGATIONAL CHURCH OF BERKELEY 2334 DURANT  AVE 267.94$ 055 188001502 FIRST PRESBYTERIAN CHURCH OF BERKELEY 2407 DANA  ST 9,586.55$ 055 183500402 FITZER TIMOTHY A 2636 TELEGRAPH  AVE 1,427.41$ 055 187800400 FORTUNEWORLD INC 2439 DURANT  AVE 3,548.06$ 055 188600100 FOSTER DAVID & LISA TRS & ELRI 2300 ELLSWORTH  ST 1,393.54$ 055 187601100 FUENTES JENNAN K 2375 TELEGRAPH  AVE 6,931.52$ 055 187502500 GEE JEW Y TR 2509 DWIGHT  WAY 1, 387.34$
055 187502900 GILLMAN SCOTT C TR & GILLMAN L 2455 TELEGRAPH  AVE 3,349.26$ 055 184003200 GIORDANO ARLENE A 2435 CARLETON  ST 1,273.29$ 055 183800201 GLENN BUILDING 2430 DWIGHT  WAY 11,951.92$ 055 184003800 GOFF EDWARD V 2615 TELEGRAPH  AVE 86.32$
055 183502000 GOLD BONNIE & PAYNE DAVID E 2628 TELEGRAPH  AVE 136.94$ 055 187701003 GOODHUE NEIL B & DIANE C TRS 2513 DURANT  AVE 1,153.93$ 055 187701006 GOODHU
E NEIL B & DIANE C TRS 2515‐BD U R A N T  AVE 1,786.05$ 055 188100200 GORDON JOHN K & MITCHELL J ETAL 2470 TELEGRAPH  AVE 4,341.02$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2023 Assessments APN OWNER NAME STREET
NUMBER STREET NAME Tax Exempt Private  Parcel
055 183900102 GORDON JOHN K & MITCHELL JANIS L TRS 2502 DWIGHT  WAY 2,549.68 $ 055 183900303 GORDON JOHN K & MITCHELL JANIS L TRS 2508 REGENT  ST 1,846.37 $ 055 183901601 GORDON JOHN K & MITCHELL JANIS L TRS 2513 TELEGRAPH  AVE 2,112.15 $ 055 187700600 GROWERS PROPERTIES NO 52 2533 DURANT  AVE 4,546.35 $ 055 188300200 GUERARD JACQUES 2402 DANA  ST 665.47 $
055 184600500 HAKAM ALAEDDIN & FOUDEH SAEED TR 2504 COLLE GE AVE 818.98$ 055 184004100 HAROUN ANSAR M & NASRA TRS 2615 TELEGRAPH  AVE 119.29$ 055 188200300 HASHEMI HOMAYOUN & GOVASHIRI HOMA TRS 2446 DANA  ST 851.38$ 055 183802600 HOANG VY T & LYNH T 2501 DANA  ST 201.82$ 055 188300600 HON HENRY D & SYLVIA TRS 2418 DANA  ST 766.13$ 055 187000800 HOWLAND DAVID L TR & BERG DAVID  2701 D URANT AVE 2,131.95$ 055 184003600 HSIA SAMSON & ALICIA TRS 2615 TELEGRAPH  AVE 125.64$ 055 184004700 HU HANG L & TYNG J 2615 TELEGRAPH  AVE 122.26$ 055 184004800 HU TYNG J & HANG L 2615 TELEGRAPH  AVE 119.29$ 055 183501900 HUANG ISABELLA 2628 TELEGRAPH  AVE 136.94$ 055 184004200 HUANG LI L 2615 TELEGRAPH  AVE 115.01$
055 187701201 JANGMI LLC 2327 TELEGRAPH  AVE 2,217.40$
055 187900100 KICK‐AXE PROP ERTIES 2350 TELEGRAPH  AVE 4,566.95$ 055 184004600 KPARTNERS LLC 2615 TELEGRAPH  AVE 134.96$ 055 187801900 KUANG DIANA Q ETAL 2456 BANCROFT  WAY 2,549.90$ 055 187700500 KURDYS DOUGLAS & SHAWVER LOIS 2539 DURANT  AVE 2,849.37$ 055 184003900 KWOK VICTOR Y 2615 TELEGRAPH  AVE 134.96$ 055 187700700 LANDIS JUDSON R & SHERON C TRS 2525 DURANT  AVE 5,007.86$ 055 187801000 LANDIS JUDSON R & SHERON C TRS 2419 D URANT AVE 2,418.85$ 055 187801200 LANDIS JUDSON R & SHERON C TRS 2411 DURANT  AVE 1,060.45$ 055 184005300 LEUNG VELIA N 2615 TELEGRAPH  AVE 114.95$ 055 184005400 LEUNG VELIA N 2615 TELEGRAPH  AVE 82.19$
055 188100500 LI ZHAOYANG & WAN KE 2437 DWIGHT  WAY 2,343.82$ 055 184000101 LIEBERT BRUCE E TR & CARLYN M TR 2601 TELEGRAPH  AVE 1,305.06$ 055 183502900 LIM ING Y & KANWIT ELIZ ABETH D TRS 2628 TELEGRAPH  AVE 136.94$ 055 188100300 LIPPETT PETER E TR 2476 TELEGRAPH  AVE 3,562.84$ 055 183801800 LUNDIN JANE M TR 2428 DWIGHT  WAY 978.19$ 055 183801700 LUNDIN JANE TR 2424 DWIGHT  WAY 959.44$
055 187602101 LYMAN JOHN T & MARLEY 2538 DURANT  AVE $4,016.91 055 188303100 MA JANICE L & KENNETH 2406 DANA  ST 166.26$ 055 183800102 MAJIDI SHAHLA TR 2500 TELEGRAPH  AV E 5,564.89$ 055 184004500 MAKHIJANI MEENA S 2615 TELEGRAPH  AVE 86.32$ 055 187701902 MARK AT BERKELEY LLC 2580 BANCROFT  WAY 38,999.71$ 055 183802500 MASON ELIZABETH F & JAMES W ET AL 2501 DANA  ST 162.33$ 055 184005100 MAUS MARLON TR 2615 TELEGRAPH  AVE 157.96$ 055 183801400 MEHTA SAHIL & SUYASHI ETAL 2414 DWIGHT  WAY 970.34$ 055 183502600 MEYYAPPAN MURUGAPPAN & RAMANAT 2628 TELEGRAPH  AVE 136.94$ 055 187502700 MILAN O PROPERTIES LTD LLC 2475 TELEGRAPH  AVE 1,270.87$ 055 186801400 MIN ROY & EDWARD ETAL 2700 CHANNING  WAY 584.93$ 055 187701601 MIOTTEL W J JR TR 2530 BANCROFT  WAY 8,920.33$ 055 183802700 MITINA SOFIA TR 2501 DANA  ST 202.73$
055 183503000 NAGEL GARY D 2628 TELEGRAPH  AVE 136.94$
055 186701400 NATEGHIAN FARAMARZ TRUST 2431 COLLEGE  AVE 956.25$ 055 184003700 NAVARROCACERES LILIANA 2615 TELEGRAPH  AVE 86.81$ 055 184200200 NCR PRO PERTIES LLC 2524 DWIGHT  WAY 1,263.10$ 055 183802100 P G & E CO 135‐1‐12‐2 2540 TELEGRAPH  AVE 1,606.90$ 055 187802400
PAIGE ROGER & NORMA TRS & HERBERT JOSEPH
& CA ETAL 2415 DURANT  AVE 253.43$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2023 Assessments APN OWNER NAME STREET
NUMBER STREET NAME Tax Exempt Private  Parcel
055 187802300 PAIGE ROGER & NORMA TRS ETAL 2415 DURANT  AVE 256.15 $ 055 187802500 PAIGE ROGER & NORMA TRS ETAL 2417 DURANT  AVE 170.24 $ 055 187802600 PAIGE ROGER & NORMA TRS ETAL 2417 DURANT  AVE 170.24 $ 055 188401300 PAULOS CORALYN M TR 2310 DURANT  AVE 1,373.65 $ 055 187502802 PELLEGRINO PASQUALE TR 2461 TELEGRAPH  AVE 2,295.50 $ 055 187201100 RAAJ BERKELEY OWNER LLC 2613 CHANNING  WAY 768.92 $ 055 187201300 RAAJ BERKELEY O WNER LLC 2323 BOWDITCH  ST 992.86$ 055 187201400 RAAJ BERKELEY OWNER LLC 2600 DURANT  AVE 18,942.53$ 055 188500900 RECTORS ETC OF ST MARKS 2300 BANCROFT  WAY 1,542.86$ 055 188501000 RECTORS ETC OF ST MARKS 2301 DURANT  AVE 6,037.57$ 055 183902100 REGENT TERRACE LLC 2593 TELEGRAPH  AVE 10,760.88$ 055 186901301 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2333 COLLEGE  AVE 2,773.60$ 055 187101901 REGENTS OF THE UNIVERSITY  OF CALIFORNIA 2630 BANCROFT  WAY 7,089.45$ 055 187202101 REGENTS OF THE UNIVERSITY OF CALIFORNIA COLLEGE AVE 18,240.78$ 055 187300101 REGENTS OF THE UNIVERSITY OF CALIFORNIA CHANNING WAY 8,868.63$ 055 187301500 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2411 BOWDITCH  ST 322.06$ 055 187301600 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2409 BOWDITCH  ST 250.34$ 055 187301700 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2405 BOWDITCH ST 252.07$ 055 187301800 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2550 CHANNING  WAY 160.60$ 055 187301900 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2612 CHANNING  WAY 12,687.76$ 055 187402301 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2612 HASTE  ST 18,345.85$ 055 187500901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2538 CHANNING  WAY 13,369.02$ 055 187504001 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2556 HASTE  ST 5,008.36$ 055 187600901 REGENTS OF THE
UNIVERSITY OF CALIFORNIA 2535 CHANNING  WAY 7,035.16$
055 187902203 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2436 DURANT  AVE 13,166.38$ 055 188002103 REGENTS OF THE UNIVERSITY OF CALIFORNIA HASTE ST 2,897.88$ 055 188002104 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2433 HASTE  ST 394.49$ 055 188100700 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2427 DWIGHT  WAY 744.41$ 055 188101701 REGENTS OF THE UNIVERSITY  OF CALIFORNIA 2400 HASTE  ST 4,591.00$ 055 188601703 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2200 BANCROFT  WAY 1,388.74$ 055 188602501 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2214 BANCROFT  WAY 4,294.95$ 055 187802900
REGENTS OF THE UNIVERSITY OF CALIFORNIA
(STILES HALL) 2400 BANCROFT  WAY 1,307.35$
055 1878 02900 REGENTS UNIVERSITY CALIFORNIA 2401 DURANT  AVE 40,649.19$ 055 186701200
ROMAN CATHOLIC WELFARE CORPORATION OF
OAKLA
ND DWIGHT WAY 1,116.97$
055 187201200 ROYSTON APARTMENT LP 2601 CHANNING  WAY 3,206.50$ 055 187301400 RUBENSTEIN MICHAEL & POLLAK STEVEN TRS 2605 HASTE  ST 2,851.10$ 055 187500600 RUE ELL ENTERPRISES INC 2411 TELEGRAPH  AVE 1,919.54$ 055 187601600 RUE ELL ENTERPRISES INC 2520 DURANT  AVE 3,566.15$ 055 187700800 RUE ELL ENTERPRISES INC 2519 DURANT  AVE 4,347.86$ 055 187800501 RUE ELL ENTERPRISES INC 2433 DURANT  AVE 8,143.03$ 055 187900300 RUE ELL ENTERPRIS ES INC 2380 TELEGRAPH  AVE 992.86$ 055 183802000 RUEELL ENTERPRISES INC 2434 DWIGHT  WAY 1,427.52$ 055 187601901 RUEELL ENTERPRISES INC 2534 DURANT  AVE 4,274.83$ 055 187802100 RUEELL ENTERPRISES INC 2470 BANCROFT  WAY 4,275.03$ 055 187802200 RUEELL ENTERPRISES INC 2480 BANCROFT  WAY 2,735.89$ 055 187601500 RUEGG & ELLSWORTH 2516 DURANT  AVE 8,204.37$ 055 187601700 RUEGG & ELLSWORTH 2526 DURANT  AVE 11,475.53$ 055 187602300 RUEGG & ELLSWORTH 2510 DURANT  AVE 3, 695.66$ 055 187700100 RUEGG & ELLSWORTH & LEWIS SANDRA TR 2590 BANCROFT  WAY 5,858.78$ 055 187500700 SARACHAN KENNETH 2409 TELEGRAPH  AVE 5,886.58$ 055 187900200 SARACHAN KENNETH 2360 TELEGRAPH  AVE 3,512.53$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2023 Assessments APN OWNER NAME STREET
NUMBER STREET NAME Tax Exempt Private  Parcel
055 188100100 SARACHAN KENNETH & BROWN LAURIE 2464 TELEGRAPH  AVE 3,976.09 $ 055 184200600 SATELLITE AFFORDABLE HOUSING ASSOCIATES 2500 HILLEGASS  AVE 1,750.25 $ 055 183502500 SHARMA VINEET & SHUCHI 2628 TELEGRAPH  AVE 136.94 $ 055 188401400 SHI ZHOUZHENG & LI JIA TRS 2312 DURANT  AVE 887.41 $ 055 183803000 SHYR JURIYAN & HOU DANIEL 2501 DANA  ST 202.31 $ 055 184004900 SIRIVANSANTI VEERA & SUVANNEE TRS 2615 TELEGRAPH  AVE 151.61 $ 055 187700300 ST JOSEPH ARIM FOUN D 2316 BOWDITCH  ST 1,515.12$ 055 187700400 ST JOSEPH ARIM FOUND 2543 DURANT  AVE 696.31$ 055 184005000 SU VINCENT P & INGRID ETAL 2615 TELEGRAPH  AVE 125.64$ 055 187502400 SUM YUN C & NGAN C TRS 2511 DWIGHT  WAY 4,827.53$ 055 183502200 SUN CHII YUN & KAREN K 2628 TELEGRAPH  AVE 136.94$ 055 183501800 TAM RICHARD W & ZHANG TAO T ETAL 2628 T ELEGRAPH AVE 180.37$ 055 188002201 TAYLOR SPRINGS MANAGEMENT LLC 2414 TELEGRAPH  AVE 8,842.12$ 055 183700100 TELEGRAPH BLAKE LLC 2556 TELEGRAPH  AVE 2,250.49$ 055 187502600 TELEGRAPH PARTNERS LLC 2499 TELEGRAPH  AVE 2,190.92$ 055 183900500 TELEGRAPH REGENT LLC 2512 REGENT  ST 3,298.74$ 055 187500800 THELMA & LOUISE NO 2 LLC 2508 CHANNING  WAY 14,016.60$ 055 188101200 TOWN & GOWN CLUB 2401 DWIGHT  WAY 1,359.01$ 055 187600100 TREVOR JAMES II 2328 BOWDITCH ST 1,632.71$ 055 188500102
TRINITY UNITED METHODIST CHURCH OF
BERKELEY 2362 BANCROFT  WAY 1,290.72$
055 188500104
TRINITY UNITED METHODIST CHURCH OF
BERKELEY 2362 BANCROFT  WAY 4,911.81$
055 187101200
TRUST BENEFIT CHRISTIAN SCIENCE
ORGANIZATION UC BE 2601 DURANT  AVE 696.53$
055 188401200 TWENTY THREE HUNDRED DURANT PARTNERSHIP 2300 DURANT  AVE 2,161.80$ 055 186801000
UNIVERSITY LUTHERAN CHAPEL OF BERKELEY
CALIF 2425 COLLEGE  AV E 712.80$
055 187101501 UNIVERSITY Y W C A 2600 BANCROFT  WAY 2,514.07$ 055 187801700 VALHAUS LP 2430 BANCROFT  WAY 3,580.93$
055 183801500 VALUES INC INVESTMENT CO 2418 DWIGHT  WAY 1,657.42$ 055 187401300 VEDANTA SOCIETY BERKELEY 2455 BOWDITCH  ST 957.94$ 055 188600400 VERO PROPERTIES LLC 2241 DURANT  AVE 1,639.28$ 055 188100400 VIRGINIA COLLEGE ASSOCIATES LP 2482 TELEGRAPH  AVE 6,681.09$ 055 183502700 WANG HAOLIN 2628 TELEGRAPH  AVE 136.94$
055 188300400 WEN WI LLIAM K ETAL 2410 DANA  ST 877.84$ 055 188500103 WESLEY HOUSE BERKELEY LLC 2398 BANCROFT  WAY 2,508.05$ 055 183600603 WONG FRANKLIN C & HENRY F 2600 TELEGRAPH  AVE 1,642.31$ 055 184600200 WU SEN T & SU H & CHUANG MARI 2640 DWIGHT  WAY 2,038.46$ 055 183503100 XIA JING 2628 TELEGRAPH  AVE 136.94$
055 187101100 YEE FAYE & DAVID 2605 DURANT  AVE 969.44$ 055 184004000 YU JULIA & YU JEAN J TR 2615 T ELEGRAPH AVE 122.26$ 055 187802000 ZENGS BERKELEY LLC 2462 BANCROFT  WAY 4,502.09$ 055 184004400 ZHANG YINGQUN & WANG NAIRU 2615 TELEGRAPH  AVE 86.81$ 055 183700200 ZION PROPERTIES LLC 2566 TELEGRAPH  AVE 3,554.45$ Totals 246 $216,958.05 $593,402.54
Tax Exempt  Private Parcels
24 222
County Fee @1.7% (on Private Parcels): 10,087.84$
Net Assessment Revenue (Private Parcels): 583,314.70$
Total Assessment Revenue: 800,272.75$
Note: Da
ta for APN, Owner, and Land Use from the City's Land Management System is current as of March 30, 2022.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 31, 2022

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

Total estimated cost of items included in this report is $535,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Preliminary Engineering for
Adeline Street Transportation
Improvements Project
307
134
Capital Grant
Measure BB –
Local Streets and
Road
$535,000
Total: $535,000

09

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council May 31, 2022 Approval on May 31, 2022
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled For Possible Issuance After Council Approval on May 31, 2022
a. Preliminary Engineering for Adeline Street Transportation improvements Project
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: May 31, 2022
Attachment 1
1 of 1

SPECIFICATI
ON NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT
NAME &
PHONE
22-11526-C Preliminary
Engineering for
Adeline Street
Transportation
Improvements
Project
6/1/2022 6/22/2022 Professional engineering
and project management
services for the preliminary
design of multimodal
improvements to a portion
of Adeline Street, from
MLK Jr. Way to the
Oakland border.
$535,000 $495,000 will be available via
AAO2 from 307-54-622-668-
0000-000-431-612310-
PWTRCT2201
$40,000
is available via AAO2
budget from 134-54-622-668-
0000-000-431-612310-
PWTRCT2201
Public Works/
Transportation
Eric Anderson
981-7062
Dept TOTAL $535,000.00
TOTAL $535,000.00

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.ci.berkeley.ca.us/manager

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Notice of Appropriations Limit for Fiscal Year 2023

RECOMMENDATION
Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2023 at its meeting of June 28, 2022; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 13, 2022.

FISCAL IMPACTS OF RECOMMENDATION
On June 28, 2022, the Council will set the Fiscal Year 2023 appropriations limit. The amount of appropriations subject to the limit is the budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those transfers exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.), and the total of these budgeted revenues cannot exceed the total appropriations limit. The City’s actual appropriations in each fiscal year have been significantly below the limit, as they will be for Fiscal Year 2023. Thus, there are no present fiscal implications of establishing the limit.

CURRENT SITUATION AND ITS EFFECTS
Senate Bill 1352 requires that 1) the governing body of each local jurisdiction shall, by a legislative action, establish its appropriations limit at a regularly scheduled or special meeting and that documentation used in the determination of the appropriations limit shall be made available to the public fifteen days before that meeting. Government Code Section 7910 requires that the City adopt its appropriations limit prior to the beginning of each fiscal year.

This Resolution gives public notice of Council’s intent to adopt an appropriations limit for Fiscal Year 2023 at its meeting of June 28, 2022, and that the documents used in calculating the limit will be available for public review on or before June 13, 2022.

10

Notice of Appropriations Limit for Fiscal Year 2023 CONSENT CALENDAR May 31, 2022
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.ci.berkeley.ca.us/manager Proposition 4, approved by the electorate of the State of California via a special election held on November 6, 1979, added Article XIII B to the constitution of the state. It requires local governments to adopt yearly appropriation limits according to specified formulas, and allows for specified, yearly adjustments of the limit. Proposition 111, approved by the voters June 5, 1990, and changed the Proposition 4 adjustment. formulas. Senate Bill 152, Government Code Sections 7900, et. seq, enacted by the Legislature of the State of California, provided for the implementation of Article XIII B defining various terms used in this article and prescribing procedures to be used in implementing specific provisions of the Article.

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

BACKGROUND
The Finance Department of the City of Berkeley compiles the data and makes calculations incident to the determination of the XIII B appropriations limit. The amount of the Fiscal Year 2023 appropriations limit and the documentation incident to the determination thereof will be available for review by the public in the Office of the City Clerk on or before June 13, 2022, at least fifteen days prior to the Council’s scheduled adoption of the appropriation limit, as required by law.

RATIONALE FOR RECOMMENDATION
This is a state law.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Resolution

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

PROVIDING NOTICE OF SCHEDULED ADOPTION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023 PURSUANT TO ARTICLE XIII B OF THE CONSTITUTION OF THE

STATE OF CALIFORNIA
WHEREAS, on November 6, 1979, the citizens of the State of California approved Proposition 4, which added Article XIII B to the Constitution of the State of California to place various limitations on the fiscal powers of State and local government; and WHEREAS, Senate Bill 1352, Government Code Section 7900, et. seq. enacted by the Legislature of the State of California, provides for the implementation of Article XIII by defining various terms in this article; and
WHEREAS, the governing body of each jurisdiction is required to establish its appropriations limit at a regularly scheduled meeting or noticed special meeting; and WHEREAS, 15 days prior to such meeting, the documentation used in the determination of the appropriations limit shall be made available to the public.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley does hereby give notice that it will, at its meeting of June 28, 2022, adopt a Resolution which establishes the appropriations limit for the 2022 Fiscal Year pursuant to Article XIII B of the Constitution of the State of California.

BE IT FURTHER RESOLVED that the documentation used in the determination of the appropriation limit for Fiscal Year 2023 shall be made available for public review in the Office of the City Clerk of the City of Berkeley, 2180 Milvia Street, Berkeley, California, on or before June 13, 2022.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services

RECOMMENDATION
Adopt four Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following five revenue agreements:

1. Foster Care Program in the projected amount of $93,187 for FY 2023.

2. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $181,208 for FY 2023.

3. School Linked Health Services Program (Measure A Funding) in the
project
ed amount of $200,011 for FY 2023.

4. Tobacco Prevention Program in the projected amount of $78,960 for FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the amount of $553,366 from Alameda County for FY 2023 from the sources listed below. There is no local match required for any of these grants, however, the City does provide a significant amount of general fund to support these important programs. Each contract has been entered into the citywide contract management system database:

1. Foster Care Program: Revenue Budget Code 326-51-506-556-2046-000-000- 431110-. This contract is anticipated to be for $93,187 in FY 2023.

2. Berkeley High School Health Center and Berkeley Technology Academy Programs: Revenue Budget Code 326-51-506-561-0000-000-000-433110-. This contract is anticipated to be for $181,208 in FY 2023.

11

Revenue Grant Agreements: Funding Support from Alameda County to CONSENT CALENDAR Conduct Public Health Promotion, Protection, and Prevention Services May 31, 2022

3. School Linked Health Services Program (Measure A Funding): Revenue Budget Code 326-51-506-560-0000-000-000-432110-. This contract is anticipated to be for $200,011 in FY 2023.

4. Tobacco Prevention Program: Revenue Budget Code 326-51-506-559-2053- 000-000-433110-. This contract is anticipated to be for $78,960 in FY 2023.

Spending of all referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of a future amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health program services to the community, with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. Alameda County revenue is an important source of support for these City public health programs. In FY 2023, there are no significant changes to this support.

1. Foster Care Program: Meets State mandated Child Health and Disability Prevention (CHDP) requirements. This is the Health Care Program for Children in Foster Care (HCPCFC) which provides preventive health services for Berkeley children in foster care. Services include: medical and health care case planning; referrals for medical, dental, mental health and developmental services; coordination of health services for children in out-of-county and out-of-state placements; and medical education through the interpretation of medical reports and training for foster care team members on the special health care needs of children and youth in foster care.

2. Berkeley High School and Berkeley Technology Academy Health Center Programs: Provides clinical and health education services to adolescents attending Berkeley High School and Berkeley Technology Academy.

3. School Linked Health Services Program (Measure A Funding): Increases the capacity of Berkeley Unified School District to meet the health, medical, and dental needs of K-5 students, and to create the infrastructure to more effectively perform public health surveillance for communicable diseases, promote school connectedness, and reduce chronic absenteeism.

4. Tobacco Prevention Program: Provides tobacco cessation services, enforcement of tobacco retail licensing requirements, and youth prevention education.

Revenue Grant Agreements: Funding Support from Alameda County to CONSENT CALENDAR Conduct Public Health Promotion, Protection, and Prevention Services May 31, 2022

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City receives specific funding through Alameda County to meet core public health objectives.

The Division is committed to providing services to the community to promote healthy environments and prevent the spread of disease.

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

RATIONALE FOR RECOMMENDATION
These funds provide necessary revenue to support vital services related to the City of Berkeley’s mandates as a Public Health jurisdiction. They also support the Department’s work to reduce health inequities in Berkeley and improve the health of our community.

ALTERNATIVE ACTIONS CONSIDERED
The Public Health Division assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action of not seeking any of these funding sources would be a significant reduction in public health services to the community.

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS (510) 981-5121 Attachments:
1: Resolution: Foster Care Program
2: Resolution: Berkeley High School and Berkeley Technology Academy Health Center Programs
3: Resolution: School Linked Health Services Program (Measure A Funding) 4: Resolution: Tobacco Prevention Program

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE FOSTER CARE PROGRAM TO PROVIDE CHDP AND HCPCFC PROGRAMMING FOR FY 2023 WHEREAS, the City of Berkeley Public Health Division of the Department of Health, Housing & Community Services is committed to insuring that Berkeley children in foster care receive the full scope of preventive health services; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed Public Health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Public Health Division seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for fiscal year 2023 funding for the Foster Care Program to meet our mandate so that Berkeley children in foster care receive the full scope of Child Health and Disability Prevention Program preventive health services, to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $93,187; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Budget Codes: (Revenue) 326-51-506-556-2046-000-000-431110-; and (Expenditure) 326-51-506-556-2046-000-451- various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE BERKELEY HIGH

SCHOOL AND BERKELEY TECHNOLOGY ACADEMY HEALTH CENTER
PROGRAMS FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services is committed to providing health services and health education to adolescents attending Berkeley High and Berkeley Technology Academy; and
WHEREAS, the City of Berkeley Public Health Division of the Department of Health, Housing & Community Services provides a broad range of needed Public Health program services to the community; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Public Health Division seeks to eliminate health and educational inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for fiscal year 2023 funding for the Berkeley High School and Berkeley Technology Academy Health Center Programs to provide health services and health education to adolescents attending Berkeley High and Berkeley Technology Academy to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $181,208; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Codes: (Revenue) 326-51-506-561-0000-000-000- 433110-; and (Expenditure) 326-51-506-560-0000-000-451- various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE SCHOOL LINKED HEALTH SERVICES (MEASURE A) PROGRAM FOR FY 2023
WHEREAS, the City of Berkeley Public Health Division of the Department of Health, Housing & Community Services is committed to increasing the capacity of Berkeley Unified School District to meet the health, medical and dental needs of students, and to create the infrastructure to more effectively perform public health surveillance and enforcement functions for communicable diseases and disease outbreaks; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed Public Health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Public Health Division seeks to eliminate health and educational inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for fiscal year 2023 funding for the School Linked Health Services Program (Measure A Funding) to increase the capacity of the Berkeley Unified School District to meet the health, medical and dental needs of students, and to create the infrastructure to more effectively perform public health surveillance and enforcement functions for communicable diseases and disease outbreaks, to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $200,011; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Budget Codes: (Revenue) 326-51-506-560-0000-000-000-432110-; and (Expenditure):
326-51-506-560-0000-000-451- various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE TOBACCO
PREVENTION PROGRAM FOR FY 2023
WHEREAS, the City of Berkeley Public Health Division of the Department of Health, Housing & Community Services is committed to providing tobacco cessation services, enforcement of tobacco retail licensing requirements and youth prevention education; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed Public Health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Public Health Division seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for fiscal year 2023 funding for the Tobacco Prevention Program: to provide tobacco cessation services, enforcement of tobacco retail licensing requirements and youth prevention education, to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $78,960; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Codes: (Revenue) 326-51-506-559-2053-000-000-433110-; and (Expenditure) 326-51-506-559-2053-000- 451- various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Revenue Grant: Funding Support from Alameda County to Public Health Infrastructure Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Public Health Infrastructure Program in the projected amount of $32,080 for FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the amount of $32,080 from Alameda County for FY 2023 for the Public Health Infrastructure Program to support public health staffing: Alameda County Grants Fund Revenue: 326-51-501-559-2053-0000-00- 433110- and Expenditure Codes 326-51-501-503-2053-000-451--various. There is no local match required for this grant, however, the City does provide a significant amount of general fund to support public health programs.

Spending of grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on when the grant is officially awarded and the allocation amounts determined, the grant budget will be adjusted as part of a future amendment to FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Public Health Infrastructure Program improves the core services of the Public Health Officer Unit by funding epidemiological surveillance, as well as ongoing data management and analysis to monitor health in the Berkeley community. Additionally, these funds are used in public health program evaluations, including assessment of the impact on health inequities and priorities identified in the Health Status Report.

As a local health jurisdiction, the City of Berkeley provides a broad range of public health program services to the community, with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from

12

Revenue Grant: Funding Support from Alameda County CONSENT CALENDAR to Public Health Infrastructure Program May 31, 2022

disease, and preventing illness, disability, and premature death. Alameda County revenue is an important source of support for these City public health programs. In FY 2022, there are no significant changes to this support.

BACKGROUND
The City of Berkeley receives funding from many sources annually for its work of improving the community’s health. As a local health jurisdiction, the City receives specific funding through Alameda County to meet core public health objectives. The Department of Health, Housing, and Community Services is committed to providing services to the community to promote equitable, healthy environments and prevent the spread of disease.

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

RATIONALE FOR RECOMMENDATION
These funds provide necessary revenue to support vital services related to the City of Berkeley’s mandates as a public health jurisdiction. They also support the Department’s work to reduce health inequities in Berkeley and improve the health of our community.

ALTERNATIVE ACTIONS CONSIDERED
The Public Health Officer Unit assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action of not seeking any of these funding sources would be a significant reduction in public health services to the community.

CONTACT PERSON
Alexandra Deitch, Sr. Health Services Program Specialist, HHCS (510) 981-5379 Attachments:
1: Resolution:

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

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE PUBLIC HEALTH INFRASTRUCTURE PROGRAM FOR FISCAL YEAR 2023
WHEREAS, the City of Berkeley Public Health Officer Unit of the Department of Health, Housing & Community Services is committed to providing necessary support to analyze data, plan and disseminate information, and provide general public health education; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of public health services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote equitable, healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley Public Health Officer Unit seeks to enhance and protect the health of the Berkeley community by producing and managing data for health assessment, planning, policy, and disease prevention and control to ensure and protect public health for a thriving, equitable, safe and healthy Berkeley.

WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for fiscal year 2023 funding for the Public Health Infrastructure Program to accept the grant; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding in the amount of $32,080 for related expenses, subject to securing the grant. Budget Codes (Revenue): 326-51-501-503- 2053-000-000-433110- (Expenditure): 326-51-501-503-2053-000-451-- various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $120,000 for April 1, 2022 to March 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the projected amount of $120,000 for FY 2023 through the funding source listed above. The contract will have its contract number and the source has a defined budget code.

Essential Access Health: The April 1, 2022 – March 30, 2023 $120,000 allocation will be allocated to revenue budget codes 321-51-506-560-0000-000-000-431110- High School Health Centers (HSHC) - $41,778 (Expenditure Budget Code: 321-51-506-560- 0000-000-451- various). There are no matching funds required by the funder.

Spending of the referenced grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances. Depending on when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of the First Amendment to the FY 2023 Annual Appropriations Ordinance.

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

13

Revenue Grant Agreements: Funding Support from Essential Access Health to CONSENT CALENDAR Conduct Public Health Promotion, Protection, and Prevention Services May 31, 2022

Essential Access Health is the administrator for California’s Title X federal family planning funds to provide reproductive health services at the Ann Chandler Public Health Clinic and the High School Health Centers (Berkeley High School Health Center and Berkeley Technology Academy Health Center). Federal Title X Funds are given to a non-profit agency, Essential Access Health, and are then dispersed to local health jurisdictions throughout the State through a competitive grant process. The funds are used to support clinical reproductive health services, as well as individual and community health education and outreach activities.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City is committed to exploring opportunities for funding to support key initiatives to augment base funding resources. The Division is committed to providing essential services to the community to prevent the spread of disease and to promote healthy environments.

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

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

ALTERNATIVE ACTIONS CONSIDERED
The Public Health Division assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action of not seeking any of these funding sources would result in not providing these public health services to the community.

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

1. Resolution

RESOLUTION NO. ##,###–N.S.

REVENUE GRANT: ESSENTIAL ACCESS HEALTH FOR CLINICAL REPRODUCTIVE

HEALTH SERVICES AND HEALTH EDUCATION AND OUTREACH
WHEREAS, it is important to provide comprehensive clinical reproductive health services to individuals of reproductive age to plan their pregnancies and prevent and reduce sexually transmitted infections; and
WHEREAS, preconception/inter-conception care and education is a key part of family planning services; and
WHEREAS, adolescents require teen specific counseling and education; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, through Title X funds, will provide reproductive health services and education at the Ann Chandler Public Health Clinic, Berkeley High School Health Center and Berkeley Technology Academy Health Center; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health and educational inequities; and WHEREAS, the projected amount of the grant is $120,000; and WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit grant application to Essential Access Health for April 1, 2022 – March 30, 2023 to support clinical reproductive health services, as well as individual and community health education and outreach activities; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $120,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Code (Revenue): 321-51-506-560-0000-000-000- 431110-; (Expenditure): various and 321-51-506-560-0000-000-451- various; A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Revenue Grant Agreements: Funding Support from the State of California to Conduct Public Health Services

RECOMMENDATION
Adopt five Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following five revenue agreements:

1. Child Health and Disability Prevention (CHDP) Program, which includes Early Periodic Screening, Diagnosis and Treatment (EPSDT) and Health Care Program for Children in Foster Care (HCPCFC), in the projected amount of $358,309 for FY 2023.

2. Maternal, Child and Adolescent Health (MCAH) Program, in the projected amount of $381,147 for FY 2023.

3. Tobacco Trust Fund in the projected amount of $300,000 in FY 2023.

4. Immunization Program: In the projected amount of $1,185,901 for FY 2023.

5. Public Health Emergency Preparedness (PHEP)/Pandemic Flu/Cities Readiness Initiative (CRI) Program in the projected allocation of $265,000 for FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the estimated total combined amount of $2,490,357 from the State of California for FY 2023 through the five funding sources listed above. Each contract will have its own identifying contract number and each source has a defined budget code:

1. Child Health and Disability Prevention (CHDP) Program: Revenue Budget Code 312-51-506-556-2046-000-000-432110-, 312-51-506-562-0000-000-000-

14

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR to Conduct Public Health Promotion, Protection, and Prevention Services May 31, 2022

432110-, and 312-51-506-562-0000-000-000-432110-. Included in this single State contract, the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) Program and the Health Care Program for Children in Foster Care (HCPCFC).

The State establishes an annual cap on local revenue for this program and requires a local match. The precise amount of revenue the City earns is determined by the City’s level of match funding, program staff time-studies, and level of eligible services. The City will provide $39,000 in matching funding in Expenditure Budget Codes 312-51-506-562-0000-000-451- various and 011-51- 506-555-0000-000-451- various. Revenue for FY 2023 is expected to be $358,309.

2. Maternal, Child and Adolescent Health (MCAH) Program: Revenue Budget Code 312-51-506-562-0000-000-000-432110-. The state establishes an annual cap on local revenue for this program and requires a local match. The precise amount of revenue the City earns is determined by the City’s level of match funding, program staff time-studies, and level of eligible services. The City provides $150,000 in matching funding in Expenditure Budget Codes 011-51- 506-562-0000-000-451- various, 011-51-506-559-2073-000-451- various, and 011-51-506-562-0000-000-451- various. Revenue for FY 2023 is expected to be $381,147.

3. Tobacco Trust Fund: Revenue Budget Code 157-51-506-559-2053-000-000- 432310-. There is no match required and this contract is expected to be for $300,000 in FY 2023.

4. Immunization Program: Revenue Budget Code 312-51-506-562-0000-000-000- 432110-. There is no match required and this contract is expected to be for $1,185,901 in FY 2023.

5. Public Health Emergency Preparedness (PHEP)/Pandemic Flu/CRI Program: Revenue Budget Codes: 350-51-506-557-0000-000-000-431110-, 350-51-506-557-2047-000-000-431110-, 350-51-506-557-2048-000-000-431110- . There is no match required and this contract is expected to be for $265,000 for FY 2023.

Spending of all referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on the timing of when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of a future amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health program services to the community, with the goals of addressing health

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR to Conduct Public Health Promotion, Protection, and Prevention Services May 31, 2022

inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. In addition to the funding referenced in this report, the City also has continuing multi-year public health grants with the State of California. The total additional anticipated revenue from these state grants is $2,490,357 in FY 2023.

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

The State establishes funding caps for the CHDP/EPSDT/HCPCFC and MCAH programs, with actual revenue determined by City matching funds and service delivery.

Revenue projections are based on recent year actual revenues in these programs, service-delivery staffing, eligible client populations, and available matching funds. These projections will enable the Department to keep expenditures within actual revenues, by budgeting expenditures to realistic revenue projections.

Each grant serves a specific purpose in the Department’s work towards improving the health of our community:

1. Child Health and Disability Prevention (CHDP) Program, which includes the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) Program and the Health Care Program for Children in Foster Care (HCPCFC), ensures access to complete health assessments for the early detection and prevention of disease and disabilities for low-income children and youth including children in the foster care system.

2. Maternal, Child and Adolescent Health (MCAH) Program develops and implements systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families and works to reduce the morbidity and mortality of pregnant African American women and their infants. The MCAH program includes Berkeley’s Black Infant Health program, which provides groups and other supports to pregnant and post-partum mothers and their infants.

3. Tobacco Trust Fund works to reduce death and disease caused by tobacco use and exposure to second hand smoke.

4. Immunization Program provides community immunization services.

5. Public Health Emergency Preparedness/Pandemic Flu/CRI Program works to promote and protect the health of community and the environment by developing

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR to Conduct Public Health Promotion, Protection, and Prevention Services May 31, 2022

up-to-date medical/health emergency plans, sustaining state and regional disease control, and by coordinating emergency response efforts with hospitals and healthcare partners.

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

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

ALTERNATIVE ACTIONS CONSIDERED
This funding is essential for the Public Health Division’s mission and goals. The Public Health Division assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action of not seeking any of these funding sources would result in a significant reduction in public health services to the community.

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

1. Resolution: CHDP/EPSDT/HCPCFC Programs

2. Resolution: MCAH Program

3. Resolution: Tobacco Trust Fund

4. Resolution: Immunization

5. Resolution: Public Health Preparedness Program Pandemic Flu/CRI

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR CHDP, EPSDT, AND HCPCFC PROGRAMS FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to assuring access to complete health assessments for the early detection and prevention of disease and disabilities for low-income children and youth including children in the foster care system; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to the State of California for funding for fiscal year 2023 for the Child Health and Disability Prevention, Early Periodic Screening, Diagnosis and Treatment (EPSDT) and Health Care Program for Children in Foster Care (HCPCFC): to assure access to complete health assessments for the early detection and prevention of disease and disabilities for low-income children and youth including children in the foster care system; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $358,309; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Codes: (Revenue) 312-51-506-556-2046-000-000-432110-, 312-51-506-562-0000-000-000-432110-, 312-51-506-562-0000-000-000-432110-; and (Expenditure): 326-51-506-556-2046-000-451-various, 312-51-506-562-0000-000-451- various, and 011-51-506-555-0000-000-451-various; A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE MATERNAL, CHILD, AND ADOLESCENT HEALTH (MCAH) FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to developing systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to reducing the morbidity and mortality of pregnant African American women and their infants; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to the State of California for funding for fiscal year 2023 for the Maternal, Child, and Adolescent Health (MCAH) program: to develop systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families and to reduce the morbidity and mortality of pregnant African American women and their infants; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $381,147; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Revenue Budget Code 312-51-506-562-0000-000-000- 432110-. Expenditure Budget Codes 011-51-506-562-0000-000-451- various, 011-51- 506-559-2073-000-451- various, and 011-51-506-562-0000-000-451- various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE TOBACCO TRUST FUND FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to reducing death and disease caused by tobacco use and exposure to second hand smoke; and
WHEREAS, second hand smoke is classified as a “known human carcinogen” (cancer causing agent) by the US Environmental Protection Agency, The US Toxicology Program, and the International Agency fir Research on Cancer, a branch of the World health organization; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to submit a grant agreement to the State of California for funding for fiscal year 2023 for the Tobacco Trust Fund; to reduce death and disease caused by tobacco use and exposure to second hand smoke; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $300,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Budget Codes: (Revenue) 157-51-506-559-2053-000-000-432310-; (Expenditure) 157- 51-506-559-2053-000-451-511110-various; A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE IMMUNIZATION PROGRAM FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to providing immunization services to the community; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to providing medical providers technical assistance and support related to immunization best practices; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to submit a grant agreement to the State of California for funding for fiscal year 2023 for the Immunization Program to provide immunization services to the community; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $1,185,901; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Codes: (Revenue) 312-51-506-562-0000-000-000-432110- and (Expenditure) 312-51-506-562-0000-000- 451-511110-various; A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE PUBLIC HEALTH PREPAREDNESS PROGRAM PANDEMIC FLU/CRI FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division, is committed to promoting and protecting the health of the public and the environment by developing up-to-date emergency plans, sustaining state and regional disease control, and coordinating emergency response efforts with hospitals and partner organizations; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to submit a grant agreement to the State of California for funding for fiscal year 2023 for the Public Health Preparedness Program: to promote and protect the health of the public and the environment by developing up-to-date emergency plans, sustaining state and regional disease control, and coordinating emergency response efforts with hospitals and partner organizations; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $265,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Codes: (Revenue) 350-51-506-557-0000-000-000-431110-, 350-51-506-557-2047-000-000-431110-, 350-51-506-557-2048-000-000-431110- and (Expenditure) 350-51-506-557-0000-000-451-511110-various, 350-51-506-557-2047- 000-451-511110-various, 350-51-506-557-2048-000-451-511110-various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Revenue Grant: Funding Support from the State of California for the Tuberculosis Control Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Tuberculosis Control Program in the projected amount of $14,000 for FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the estimated amount of $14,000 from the State of California for FY 2023 for the Tuberculosis Control Program. There is no match required. The State formula for distribution of Tuberculosis Control funding is dependent upon the number and complexity of active tuberculosis cases and the actual amount may be significantly different from anticipated levels if there are fewer or more qualifying cases.

Spending of all referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on the timing of when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of a future amendment to the FY 2023 Annual Appropriations Ordinance. Tuberculosis Control Program funds typically support Public Health Officer’s Unit staff work with people with Tuberculosis.

The grant award will be deposited and expensed from the Health (General) Fund. (Revenue): 312-51-506-563-0000-000-000-432110 and (Expense): 312-51-501-503- 2077-451-various.

CURRENT SITUATION AND ITS EFFECTS
The Tuberculosis Control Program of the Communicable Disease Prevention and Control Program conducts public health tuberculosis prevention and control activities and performs related services such as providing food, shelter, and incentives to enhance treatment adherence. The overall goal of this program is to reduce morbidity

15

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR for the Tuberculosis Control Program May 31, 2022

and mortality of Tuberculosis by increasing compliance and breaking the chain of transmission.

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

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
The Public Health Division assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action of not seeking any of these funding sources would be a significant reduction in mandated public health services to the community.

CONTACT PERSON
James Allard, Supervising Public Health Nurse, HHCS, 510.981.5377 Attachments:

1. Resolution: Tuberculosis Control Program

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE TUBERCULOSIS CONTROL PROGRAM FOR FY 2023
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services is committed to conducting public health tuberculosis control and prevention activities and providing related services to ensure adherence to State and Federal standards; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services is committed to protecting residents of Berkeley from tuberculosis, especially unidentified and untreated tuberculosis infections and disease; and
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley Public Health Division seeks to enhance and protect the health of the Berkeley community by producing and managing data for health assessment, planning, policy, and disease prevention and control to ensure and protect public health for a thriving, equitable, safe and healthy Berkeley; and WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital public health services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to the State of California for funding for fiscal year 2023 for the Tuberculosis Control Program:
to conduct public health tuberculosis control and prevention activities and provide related services; to accept the grant; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding in the estimated amount of $14,000 for related expenses, subject to securing the grant. Budget Codes (Revenue): 312-51-501-563-0000-000-000-432110; (Expenditure) 312-51-501-503- 2077-451-various. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract: Interior Motions for Health, Housing, and Community Services Public Health Division Furniture

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Interior Motions for new furniture for the Public Health Division offices. The contract will be in an amount not to exceed $135,000 for the period April 1, 2022 through December 30, 2022.

FISCAL IMPACTS OF RECOMMENDATION
Interior Motions, a City vendor, has been selected to furnish the Public Health Division Office in preparation for a number of staff and program moves. Interior Motions has met all of the steps of the City’s competitive Request for Proposal process and has submitted a revised quote with final pricing. The original and revised pricing proposal includes delivery, assemblage, and installation of all furniture.

The contract will have a total not to exceed amount of $135,000 from the following accounts in Fiscal Year 2022:

Amount Account
$104,956 011-51-506-555-0000-000-451-651120
$12,591 011-51-506-561-0000-000-451-651120
$17,453 011-51-506-555-2025-000-449-651120

CURRENT SITUATION AND ITS EFFECTS
The Public Health Division provides a variety of services and programs to the community, including Maternal, Child, Health, Emergency Preparedness, Tobacco Programs, Oral Health, and Nutrition Services. The Public Health Division has several

16

Contract: Interior Motions for HHCS Furniture CONSENT CALENDAR May 31, 2022

organizational changes underway, including multiple staff and program relocations across three locations; resulting in a need for additional furniture and equipment.

Additionally, furniture and equipment are needed to provide accommodations for physical distancing and workplace ergonomics. Updated furnishings will enable our staff and community members to engage safely in socialization and health promotion activities.

The furniture contract with Interior Motions will enable the Public Health Division to provide welcoming and well-maintained facilities in order to foster dynamic and sustainable service provision to the community. The pricing resulting from the RFP was so competitive that the Public Health Division proposes to include additional quantities of the products identified to fully outfit the West Berkeley Service Center with an additional $35,000. Staff originally excluded the West Berkeley Service Center from the RFP because identified funding was not expected to be sufficient.

BACKGROUND
The City released a Request for Proposals (RFP) under Specification No. 22-11486-C, conducted a voluntary site walk-thru, and convened a panel of stakeholders to select Interior Motions as the most responsive and responsible bidder for this contract. The original RFP was established for $100,000, resulting in highly competitive pricing. The pricing was so competitive, the Public Health Division would be able to include additional quantities of the proposed products to fully outfit the West Berkeley Service Center with an additional $35,000.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts identified at this time.

RATIONALE FOR RECOMMENDATION
Interior Motions is a current City vendor. Their proposal includes high quality furniture that aligns with the intended multifunctional uses for HHCS facilities.

ALTERNATIVE ACTIONS CONSIDERED
The City could not provide updated furniture to staff, and program, staffing and safety practices would be limited by the use of existing furniture.

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

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

CONTRACT: INTERIOR MOTIONS FOR HEALTH, HOUSING, AND COMMUNITY

SERVICES FURNITURE
WHEREAS, new office furniture and equipment will serve current and future staff to operate programs and services; and
WHEREAS, new office furniture and equipment will also provide a more efficient delivery of services to community members; and
WHEREAS, Interior Motions was selected by the City’s RFP process which includes bidding from vendors, draft proposals, and pricing; and WHEREAS, funds are available in Fiscal Year 2022 budget in the 011-51-506-555-0000- 000-451-651120.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a contract and any amendments, with Interior Motions to deliver, assemble, and install office furniture and equipment for the Public Health Division in an amount not to exceed $135,000 for the period April 1, 2022 thru December 30, 2022. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Expenditure Contract: California Mental Health Student Services Act Grant Funds for Berkeley Unified School District for Coordination and Provision of Mental Health Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Berkeley Unified School District (BUSD) to transfer grant funds in the amount of $2,267,355 requested for BUSD and received from the Mental Health Services Accountability and Oversight Commission (MHSAOC). These funds will be used by BUSD to coordinate and provide mental health staffing and services in BUSD in Fiscal Years 2022 through 2027.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley has received funds in the amount of $2,500,000.00 from the Mental Health Services Oversight and Accountability Commission (MHSOAC) specifically to support the coordination and provision of mental health services in BUSD.

The funds for this contract will be deposited and expensed from the One-Time Grant:

No Capital Fund, ERMA revenue GL Code 336-51-503-525- (FUND$ Project Code 421), and will be appropriated in a future amendment to the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing, and Community Services Department (HHCS) worked together with BUSD to apply for a grant and subsequently received notification that the City had been awarded $2,500,000.00 in funding. A request to accept this revenue was approved by City Council on April 12, 2022. As proposed to the funder, the funding will support coordination and provision of mental health services at BUSD, and this expenditure contract will allow BUSD to expend these funds for this purpose. The Mental Health Student Services Act grant is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity.

17

Expenditure Contract: California Mental Health Student Services Act Grant funds for Berkeley Unified School District CONSENT CALENDAR May 31, 2022

BACKGROUND
The City of Berkeley partnered with BUSD to seek Mental Health Student Services Act (MHSSA) funding from the MHSOAC to address pressing needs within BUSD related to student mental health and wellness. Although some specific uses of funding will be determined in the program development phase, initial planning conversations between District and school leadership and the Mental Health Division have resulted in the identification of three priority areas for MHSSA funding:
 Dedicated staff to facilitate relationship building and service coordination across BMH and BUSD
 Services to address BUSD’s most pressing mental health needs through increased availability of on-campus mental health treatment, navigation support for parents/caregivers, and training for teachers and school staff related to student mental health and wellness
 A comprehensive assessment and strategic planning process to inform BUSD’s long-term approach to student mental health
This agreement will provide the framework for a much stronger partnership between BMH and BUSD, increasing coordination at every level of service delivery, and ensuring that students’ most pressing mental health needs are identified and addressed as soon as possible. Moreover, it will allow BUSD to develop a robust mental health delivery system for students in collaboration with the City’s Mental Health Division; increasing the resources available for student wellness and strengthening navigation support for parents/caregivers and other stakeholders.

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

RATIONALE FOR RECOMMENDATION
These funds will support the City’s ability to support BUSD in providing needed mental health services for students in Berkeley. Providing safe and equitable access to essential health services is a key purpose of HHCS.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives consistent with the City’s goal of providing equitable mental health services were identified.

CONTACT PERSON
Conor Murphy, Assistant Management Analyst (510) 981-7611 Jonathan Maddox, Family, Youth, and Children’s Program Supervisor (510) 981-5235 Attachments:
1: Resolution

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

EXPENDITURE CONTRACT: TRANSFERRING FUNDS FROM THE MENTAL HEALTH

STUDENT SERVICES ACT GRANT TO BERKELEY UNIFIED SCHOOL DISTRICT FOR

COORDINATION AND PROVISION OF MENTAL HEALTH SERVICES
WHEREAS, the Mental Health Services Oversight and Accountability Commission issued a Request for Applications through the Mental Health Student Services Act for mental health services in California public schools; and

WHEREAS, the Health, Housing and Community Services Department applied for and was awarded funding in the amount of $2,500,000; and
WHEREAS, accepting funding provided through the Mental Health Services Oversight and Accountability Commission will assist the Mental Health Division administer coordination and provision of mental health services for Berkeley Unified School District (BUSD) students. These funds shall be transferred to BUSD through an expenditure contract for them to utilize to coordinate and provide these services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the following: The City Manager or her designee is hereby authorized to transfer funding from the Mental Health Services Oversight and Accountability Commission to Berkeley Unified School District and execute any resultant agreements and amendments to support the coordination and provision of mental health services in the Berkeley Unified School District in the projected amount of $2,267,355 total in Fiscal Year 2022 through Fiscal Year 2027. The funds for this contract will be deposited and expensed from the One-Time Grant: No Capital Fund (ERMA revenue GL Code 336-51- 503-525- (FUND$ Project Code 421), and will be appropriated in a future amendment to the Annual Appropriations Ordinance. A signature copy of said documents, agreements and any amendments shall be on file in the office of the City Clerk.

Office of the City Manager

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account (RMRA) Funds for FY2023

RECOMMENDATION
Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

FISCAL IMPACTS OF RECOMMENDATION
Based on information provided by CaliforniaCityFinance.com and the League of California Cities, the City of Berkeley can expect to collect an estimated $2,661,527 in Road Maintenance and Rehabilitation Account (RMRA) allocated funding in Fiscal Year (FY) 2023. No budgetary action is required at this time. RMRA appropriations will be addressed with the adoption of the FY 2023 Budget.

CURRENT SITUATION AND ITS EFFECTS
California Senate Bill 1 (SB1), signed into law on April 28, 2017, increased certain vehicle fuel and registration taxes and fees, and with those funds has created an RMRA, a portion of which will be distributed to jurisdictions. The California Transportation Commission (CTC) requires jurisdictions to submit documentation annually that RMRA funds were specifically adopted for allowed local streets and roads purposes. In order to receive this funding, the City must annually submit to the State a list of projects anticipated to be completed. For FY 2023, the CTC requires the submission of a list of projects proposed to be funded with RMRA during FY 2023 by July 1 2022. The adoption of the attached resolution by Council is a CTC requirement for Berkeley’s RMRA project list submittal.

BACKGROUND
On April 28, 2017, the Governor signed Road Repair and Accountability Act (SB1) to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 provides for the deposit of various funds for the program in the RMRA, which SB1 created in the State Transportation Fund, including the following:

18

Resolution Approving Proposed Projects Anticipated to be Paid for by CONSENT CALENDAR the State’s Road Maintenance and Rehabilitation Account (RMRA) Funds May 31, 2022 for Fiscal Year 2023
 Revenues attributable to a $0.12 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment;  50% of a $0.20 per gallon increase in the diesel excise tax, with an inflation adjustment;
 A portion of a new transportation improvement fee imposed under the Vehicle License Fee Law with a varying fee between $25 and $175 based on vehicle value and with an inflation adjustment; and
 A new $100 annual vehicle registration fee applicable only to zero-emission vehicles model year 2020 and later, with an inflation adjustment.

The fuel excise tax increases took effect on November 1, 2017, the transportation improvement fee took effect on January 1, 2018, and the zero-emission vehicle registration fee takes effect on July 1, 2020.

Similar to the Highway Users Tax Account (HUTA), the Road Maintenance and Rehabilitation Account (RMRA) is continuously appropriated, and apportioned on a monthly basis. There is not a set monthly amount as it is use-based. The first apportionments to the City of Berkeley were received in February 2018.

According to the applicable California Streets and Highways Code, eligible projects “shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects”1. There is no use-it-or-lose-it requirement in SB1, so multi-year projects are eligible. Eligible projects include, but are not limited to:
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Complete streets components, including active transportation, bike/pedestrian, transit facilities, and stormwater capture projects, in conjunction with an allowable project
 Traffic control devices
 Match for state/federal funds for eligible projects
SB1 requires cities and counties to provide basic project reporting to the CTC annually for projects to be funded through the RMRA. On August 16, 2017, the CTC adopted annual reporting guidelines for this funding. The guidelines require jurisdictions to submit documentation annually to show that RMRA funds were specifically adopted for allowed local streets and roads purposes, and also requires the submission of a list of projects proposed to be funded with RMRA during the fiscal year. The legislation also requires an annual expenditure report on work completed during the previous fiscal year to be submitted no later than October 31st.

Complete streets improvements such as bike lanes, curb ramps, and pedestrian crossing improvements are allowable uses of RMRA funds. In addition to the previously 1 Streets and Highways Code – SHC Division 3. Apportionment And Expenditure Of Highway Funds Chapter 2. Road Maintenance And Rehabilitation Program Section 2030(A)

Resolution Approving Proposed Projects Anticipated to be Paid for by CONSENT CALENDAR the State’s Road Maintenance and Rehabilitation Account (RMRA) Funds May 31, 2022 for Fiscal Year 2023
designated projects listed in last year’s Resolution No. 69,377–N.S., which will have RMRA expenditures taking place in FY 2023, staff has selected the FY 2023 Street Rehabilitation projects for use of RMRA. The projects are summarized in the following paragraph, and the complete list is provided in the Resolution (Attachment 1).

Pavement maintenance or rehabilitation as part of the FY 2023 Street Rehabilitation Project (PWENST2301). Selected segments include Channing Way from Sacramento Street to McKinley Avenue (reconstruct; 20-year useful life), Creston Road from Sunset Lane to Grizzly Peak Boulevard (overlay; 10-year useful life), Dana Street From Dwight Way to Ward Street (surface seal; 10-year useful life), Derby Street from Telegraph Avenue to College Avenue (reconstruct; 20-year useful life), Durant Avenue from Milvia Street to Fulton Street (reconstruct; 20-year useful life),Dwight Way from Piedmont Avenue to East End (reconstruct; 20-year useful life), Grizzly Peak Boulevard from Spruce Street to Marin Avenue (reconstruct; 20-year useful life), Hillegass Avenue from Dwight Way to Woolsey Street (surface seal; 10-year useful life), Latham Lane from Miller Avenue to Grizzly Peak Boulevard (overlay; 10-year useful life), McGee Avenue from Russell Street to Dwight Way (surface seal; 10-year useful life), Miller Avenue from Hilldale Avenue to Shasta Road (surface seal; 10-year useful life), Otis Street from Russell Street to Ashby Avenue (overlay; 10-year useful life), Rose Street from Sacramento Street to Martin Luther King Junior Way (reconstruct; 20-year useful life), and Woolsey Street from Hillegass Avenue to College Avenue (reconstruct; 20-year useful life).

Continuing projects with FY 2022 RMRA funding to be expended in FY 2023 include:

Pavement maintenance or rehabilitation as part of the FY 2022 Street Rehabilitation project (PWENST2201). Selected segments include Browning Street from Addison Street to Dwight Way (reconstruct; 20-year useful life), Colusa Avenue from North City Limit to Solano Avenue (overlay; 10-year useful life), Delaware Street from Acton Street to Sacramento Street (overlay; 10-year useful life), Ellsworth Street from Stuart Street to Ashby Avenue (surface seal; 10-year useful life), Fulton Street from Dwight Way to Stuart Street (overlay; 10-year useful life), Heinz Avenue from Seventh Street to Ninth Street (surface seal; 10-year useful life), Heinz Avenue from Ninth Street to San Pablo Avenue (reconstruct; 20-year useful life), Ninth Street from Heinz Avenue to Berkeley Bowl Parking Lot (surface seal; 10-year useful life), Stuart Street from Fulton Street to Ellsworth Street (surface seal; 10-year useful life) and Stuart Street from Benvenue Avenue to College Avenue (overlay; 10-year useful life), Sunset Lane from Grizzly Peak Boulevard to Wildcat Canyon Road (reconstruct’ 20-year useful life).

Utilization of the RMRA funding will support the City’s Strategic Plan goal of creating a resilient, safe, connected, and prepared city and providing state-of-the-art, well maintained infrastructure, amenities, and facilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
RMRA funds will benefit all modes of transportation by improving road surfaces for bicyclists and transit riders as well as for auto riders, which could result in lessening greenhouse gas emissions.

Resolution Approving Proposed Projects Anticipated to be Paid for by CONSENT CALENDAR the State’s Road Maintenance and Rehabilitation Account (RMRA) Funds May 31, 2022 for Fiscal Year 2023

RATIONALE FOR RECOMMENDATION
A project list is required to be adopted by City Council in order for the City to receive RMRA disbursements from the State Controller's office. Staff proposes use of RMRA funds for maintenance or rehabilitation of local streets as part of the FY 2023 Street Rehabilitation (PWENST2301). It should be noted that the provided project list is a plan; in the end-of-year reporting on actual spending of RMRA funds, the CTC allows for the completion of projects not included in this list as long as they meet the requirements for RMRA funding.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City’s pavement condition is currently in the low end of the fair index category and is projected to decline, and is in need of continued maintenance and rehabilitation.

CONTACT PERSON
Liam Garland, Director, Department of Public Works (510) 981-6303 Joe Enke, Manager of Engineering (510) 981-6411
Attachment:
1: Resolution

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

RESOLUTION APPROVING PROPOSED PROJECTS ANTICIPATED TO BE PAID FOR BY THE STATE’S ROAD AND MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR FISCAL YEAR 2023
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must approve by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,661,527 in RMRA funding in Fiscal Year 2023 from SB 1; and
WHEREAS, this is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s street priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will be used by the City for basic street maintenance and rehabilitation, critical safety projects on local roadways, and pedestrian safety and transportation projects throughout the City this year and for similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in the low end of the fair condition category,

and this revenue will help us increase the overall quality of our road system, and improve their bicycle and pedestrian mobility and safety; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, the following list of proposed projects is anticipated to be funded in-part or solely with Fiscal Year 2023 Road Maintenance and Rehabilitation Account revenues:

FY 23 Street Rehabilitation
 Segment 1, Channing Way from Sacramento Street to McKinley Avenue (0.43 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.
 Segment 2, Creston Road from Sunset Lane to Grizzly Peak Boulevard (0.36 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 3, Dana Street from Dwight Way to Ward Street (0.31 miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2023 and will be completed by December 2023.  Segment 4, Derby Street from Telegraph Avenue to College Avenue (0.31 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 5, Durant Avenue from Milvia Street to Fulton Street (0.23 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 6, Dwight Way from Piedmont Avenue to East End (0.26 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 7, Grizzly Peak Boulevard from Spruce Street to Marin Avenue (0.67 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.

 Segment 8, Hillegass Avenue from Dwight Way to Woolsey Street (0.77 miles) – surface seal the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 9, Latham Lane from Miller Avenue to Grizzly Peak Boulevard (0.10 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 10, McGee Avenue from Russell Street to Dwight (0.51 miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2023 and will be completed by December 2023.  Segment 11, Miller Avenue from Hilldale Avenue to Shasta Road (0.66 miles) – surface seal the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 12, Otis Street from Russell Street to Ashby Avenue (0.13 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2023 and will be completed by December 2023.  Segment 13, Rose Street from Sacramento Street to Martin Luther King Junior Way (0.48 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.
 Segment 14, Woolsey Street from Hillegass Avenue to College Avenue (0.11 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life. Construction is to start in June 2023 and will be completed by December 2023.

The following previously proposed and approved projects may utilize fiscal year 2022 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

FY 2022 Street Rehabilitation

 Segment 1, Browning Street from Addison Street to Dwight Way (0.50 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 2, Colusa Avenue from North City Limit to Solano Avenue (0.68 miles) - overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 3, Delaware Street from Acton Street to Sacramento Street (0.13 miles) – surface seal the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 4, Ellsworth Street from Stuart Street to Ashby Avenue (0.24 miles) – surface seal the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 5, Fulton Street from Dwight Way to Stuart (0.38 miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2022 and will be completed by December 2022.  Segment 6, Heinz Avenue from Seventh Street to Ninth Street San Pablo (0.13miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2022 and will be completed by December 2022.
 Segment 7, Heinz Avenue from Ninth Street to San Pablo Avenue (0.13 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 8, Stuart Street from Fulton Street to Ellsworth Street (0.12 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 9, Stuart Street from Benvenue Avenue to College Avenue (0.07 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2022 and will be completed by December 2022.  Segment 10, Sunset Lane from Grizzly Peak Boulevard to Wildcat Canyon Road (0.20 miles) – reconstruct the street pavement. The work will provide a twenty-year

useful life. Construction is to start in June 2022 and will be completed by December 2022.
 Segment 11, Ninth Street from Heinz Avenue to Berkeley Bowl Parking Lot (0.08 miles) – surface seal the street pavement. The work will provide a ten-year useful life. Construction is to start in June 2022 and will be completed by December 2022.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to submit the list of proposed projects to the California Transportation Commission as required by Senate Bill 1, Road Repair and Accountability Act of 2017.

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

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Berkeley Strategic Transportation Plan Update and Grant Application Opportunities

RECOMMENDATION

1. Adopt two Resolutions authorizing the City Manager to submit grant applications to the California Active Transportation Program, accept the grants awarded, and execute any resultant agreements and amendments.

2. Adopt a Resolution:
a. Approving the Berkeley Strategic Transportation Plan Third Addendum. b. Authorizing the City Manager to submit unfunded Five-Year Priority Projects from the Berkeley Strategic Transportation Plan Third Addendum to the Alameda County Transportation Commission for funding through the County’s Fiscal Year (FY) 2024 – FY 2028 Comprehensive Investment Plan. c. Authorizing the City Manager to execute agreements as needed for accepting the awarded grant funds.

SUMMARY
The Berkeley Strategic Transportation (BeST) Plan was approved by City Council in 2016 in order to establish a framework for prioritizing the funding and completion of transportation projects throughout the City over the following thirty years. The BeST Plan includes an investment strategy to guide how the City spends transportation dollars from local, regional, State, and federal sources. Projects included in the BeST Plan are pooled from the City’s already-adopted plans. Addenda to the BeST Plan were approved by City Council in September 2018 and January 2021 in order to report on progress in funding and completing the projects on the Five-Year Priority Project list from the BeST Plan. Following the April 26 special meeting of the City Council on this topic, Public Works is proposing another BeST Plan addendum in order to update the Five-Year Priority Project list and identify transportation capital grant applications to submit in June 2022 to compete for funding through the State Active Transportation Program (ATP) and Alameda County Transportation Commission (Alameda CTC) Fiscal Year 2024 Comprehensive Investment Plan (FY24 CIP).

Berkeley Strategic Transportation Plan Update and Grant Application Opportunities CONSENT CALENDAR May 31, 2022

FISCAL IMPACTS OF RECOMMENDATION
If awarded, the ATP and Alameda CTC FY24 CIP grants would bring a total of up to $4.5 million of competitive grant revenue to the State Capital Grants Fund (Fund 306) and up to $1.5 million of competitive grant revenue to the Local Capital Grants Fund (Fund 307), respectively, for high-priority transportation projects, starting in FY 2024.

ATP Cycle 6 Grant Funding Requests (No Matching Funds)
Washington Elementary and Berkeley High up to $2,000,000 Safe Routes to School
Addison Street Bicycle Boulevard Extension up to $5,000,000 Total ATP Grant Funding Request up to $7,000,000
The total estimated cost of the ATP projects is up to $4.5 million. No local matching funds are required or proposed.

Alameda CTC FY24 CIP Grant Funding Requests and Matching Funds Bicycle Boulevard Crossings up to $ 525,000
Adeline Corridor Project at Ashby BART Station up to $ 525,000 Total Alameda CTC Grant Funding Request up to $1,050,000 City Matching Funds Available $ 350,000
The total estimated cost of the projects is up to $8.4 million. As a share of the total project cost, capital projects have a required local match of 25% under the Alameda CTC CIP Program. Funding for the required $350,000 local match is available from the Alameda County Measure BB Bicycle and Pedestrian Program Fund (Fund 135) and the Measure BB Local Streets and Roads Fund (Fund 134).

CURRENT SITUATION AND ITS EFFECTS
In the five years since the BeST Plan1 was adopted, the City has made substantial progress in acquiring funding for the Five-Year Priority Projects. Exhibit A, Figure 1 shows that, of the twelve individually listed projects from the BeST Plan Five-Year Priority list, eight have been fully funded, with five of these completed, one under construction, and two others in the preliminary engineering phase. In addition, Exhibit A, Table 1 shows that several projects grouped as High-Priority Pedestrian Plan, Bicycle Plan, and Safe Routes to School projects have been completed or at least funded.

These include the completion of the Sacramento Street Complete Streets project, safety treatments at bike boulevard crossings, and four Safe Routes to School projects.

Upcoming Transportation Grant Funding Opportunities
For potentially funding the remaining BeST Plan priority projects, upcoming transportation capital grant funding opportunities include the State Active Transportation Program (ATP) Cycle 6, the Alameda County Transportation Commission (Alameda 1 https://berkeleyca.gov/your-government/our-work/adopted-plans/berkeley-strategic-transportation-best- plan/

Berkeley Strategic Transportation Plan Update and Grant Application Opportunities CONSENT CALENDAR May 31, 2022

CTC) Fiscal Year 2024 Comprehensive Investment Plan (FY24 CIP), and the Metropolitan Transportation Commission (MTC) One Bay Area Grant Cycle 3 (OBAG 3) federal funding program. Applications under all of these programs are due in June 2022.

Remaining Unfunded BeST Plan Five-Year Priority Projects The remaining unfunded stand-alone projects from the BeST Plan Five-Year Priority Projects list are not anticipated to be competitive for these upcoming capital grant funding opportunities. These projects are: Gilman Grade Separation, Center Street Plaza, Downtown Transit Center, and Signal Interconnect project. All of the above listed programs prioritize pedestrian and bicycle safety and access projects, transit corridor projects, and linkages to transit-oriented development. The Gilman Grade Separation is estimated to cost $66 million, an amount that is too high to be competitive under the above-described programs. The Center Street Plaza project is estimated to cost $20 million, an amount that is too high to be competitive without additional funding from other sources such as future Downtown Streets and Open Space Improvement Program fees. The Downtown Transit Center project is not ready to submit given that no conceptual plan has yet been developed because it has not been as high a priority for AC Transit as transit corridor improvements prioritized through the AC Transit Major Corridors Study2 (2016). The Transit Signal Priority portion of the Signal Interconnect project could be competitive for grant funding, but this is a small part of the project cost compared to the Signal Interconnect, and AC Transit has already acquired funding for the highest priority transit signal priority upgrades on Telegraph and San Pablo Avenues.

Adeline Corridor Specific Plan Projects
With the list of BeST Plan Five-Year Priority projects dwindling, it is timely for the City to consider adding new projects to this list. A major City plan that has been adopted since the BeST Plan approval is the Adeline Corridor Specific Plan3 (December 2020). One project from this plan has already received grant funding through the Alameda CTC Fiscal Year 2022 (FY22) CIP for preliminary engineering: the Adeline Corridor Project covering the segment of Adeline between Martin Luther King Jr. Way (MLK) and the Oakland border. This project grant application was approved by Council as part of the BeST Plan Second Addendum under the Five-Year Priority Project category of High- Priority Pedestrian Plan projects. The City is in the procurement process to hire a consultant for this phase of the project.

In order to implement the Adeline Corridor Specific Plan more broadly, the proposed BeST Plan Addendum includes an Adeline project bundle on the Five-Year Priority Project list. This project bundle incorporates recommendations from the Adeline Corridor Specific Plan, including the recommendation to identify a potential future site on Adeline Street for the Berkeley Flea Market. Consistent with this latter recommendation, the ongoing Adeline Reconfiguration Study is evaluating whether 2 http://www.actransit.org/major-corridors-study/
3 https://berkeleyca.gov/your-government/our-work/adopted-plans/adeline-corridor-specific-plan

Berkeley Strategic Transportation Plan Update and Grant Application Opportunities CONSENT CALENDAR May 31, 2022

Adeline could be used to provide a plaza useable by the Flea Market within the existing street right of way, as the Ashby BART station west parking lot currently used by the Flea Market on weekends is anticipated to be developed into affordable housing. This study, funded by a grant received by BART, was initiated in response to a City Council Referral (February 11, 2020) calling for an analysis of a potential reduction of Adeline north of MLK to two lanes in order “to increase safety for pedestrians, cyclists, and people living with disabilities, while also meeting the needs of public transit and emergency vehicles”. The reduction in the number of general purpose traffic lanes on Adeline adjacent to the Ashby BART station could provide public space useable by the Berkeley Flea Market. BART has developed several scenarios to explore how a plaza to accommodate the Flea Market on the west side of Adeline might be configured, which are being revised in response to feedback from the Flea Market Board.

Proposed Grant Applications
Staff is requesting approval from Council to submit the following projects to compete for transportation capital grant funding. Applications under all of these funding programs are due in June 2022.
 ATP Cycle 6 Program
o Washington Elementary and Berkeley High Safe Routes to School o Addison Street Bicycle Boulevard Extension
Resubmit under ATP Cycle 6 these applications previously submitted for the ATP Cycle 5 Program, which both just missed the funding cutoff in Cycle 5. The applications would incorporate improvements based on feedback received from California Transportation Commission staff. The projects fit under the existing BeST Plan Five-Year Priority categories of Safe Routes to School and High- Priority Bicycle Plan Projects.
 Alameda CTC FY24 CIP (Alameda County discretionary funds) o Bicycle Boulevard Crossings
This application would fund preliminary engineering for safety treatments at the remaining unfunded bicycle boulevard crossings from the Bicycle Plan. This fits under the existing BeST Plan Five-Year Priority category of High-Priority Bicycle Plan Projects.
o Adeline Corridor Project at Ashby BART Station
This application would fund preliminary engineering for a project to provide safety improvements on Adeline Street adjacent to the Ashby BART station (between MLK and Ashby Avenue) while improving transit operations and providing public space that could potentially be used by the Ashby Flea Market. The project would be consistent with the results of the Adeline Roadway Reconfiguration Study that is to be completed over the next year.

No OBAG Application
OBAG is intended to fund major projects that are ready to undergo detailed design and construction. Staff proposes not to apply for OBAG funding, primarily because the City

Berkeley Strategic Transportation Plan Update and Grant Application Opportunities CONSENT CALENDAR May 31, 2022

is delivering its already funded OBAG Cycle 2 Southside Complete Streets project, and there is not another major project that has completed preliminary engineering and would be competitive under this program in this grant cycle.

BACKGROUND
Given the large number of projects in the BeST Plan, they are organized into 25 bundles by location or type of work, with projected expenditures divided into 5-year, 10- year, and 30-year periods. Each of the 25 project bundles has been evaluated according to a set of prioritization and screening criteria which support the goals distilled from Berkeley’s adopted plans and policies. The plans used as sources include the Downtown Area Plan, Downtown Streets and Open Space Improvement Plan, Southside Plan, West Berkeley Circulation Study, Bicycle Plan, and Pedestrian Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The projects being considered for prioritization in the BeST Plan would increase the number of Berkeley residents and visitors who walk, bike, and take mass transit, which would decrease vehicle miles traveled and greenhouse gas emissions. This would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction target of 80% below the year 2000 level by 2050. The Climate Action Plan states that, in order to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.”

RATIONALE FOR RECOMMENDATION
Capital grant funding will allow the City to address critical local and regional transportation infrastructure gaps for all modes of travel. Priority projects were identified using criteria drawn directly from adopted City plans and reports which have undergone extensive public review prior to Council adoption.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to approve the BeST Plan Addendum and could also choose to forgo the opportunity to seek grant funding from the State and Alameda CTC for projects among the remaining unfunded Five-Year Priority Projects identified in the BeST Plan.

CONTACT PERSON
Farid Javandel, Transportation Manager, Public Works, 981-7061 Beth Thomas, Principal Planner, Public Works, 981-7068
Attachments:
1: Resolution
2: Resolution
3: Resolution
Exhibit A: Berkeley Strategic Transportation Plan Addendum

RESOLUTION NO. -N.S.

GRANT APPLICATION: ACTIVE TRANSPORTATION PROGRAM FOR WASHINGTON

ELEMENTARY AND BERKELEY HIGH SCHOOL SAFE ROUTES TO SCHOOL WHEREAS, students, faculty, and staff travelling to Washington Elementary and Berkeley High School experience traffic safety issues which discourage walking and biking to school; and
WHEREAS, these traffic safety concerns have been documented in School Safety Assessments conducted in 2015 at Washington Elementary and in 2017 at Berkeley High School through the Alameda County Safe Routes to School Program; and WHEREAS, Martin Luther King Jr. Way has been identified as a high-injury street for severe and fatal traffic crashes involving pedestrians in the Berkeley Vision Zero Action Plan (Resolution No. 69,324-N.S.) and the Berkeley Pedestrian Plan (Resolution No. 69,711-N.S.); and
WHEREAS, signal modifications to eliminate conflicts between left-turning traffic and pedestrians, leading pedestrian intervals with right turn on red prohibition at traffic signals, sidewalk corner “bulbouts”, a traffic circle, high visibility pavement markings, and new signs are among the potential safety improvement measures proposed in the School Safety Assessments and the Draft 2020 Berkeley Pedestrian Plan; and WHEREAS, California Active Transportation Program Safe Routes to School funds can be used to make traffic safety improvements to bicycle and pedestrian routes to schools; and
WHEREAS, if awarded, the grant funds will be placed in the State Capital Grants Fund (Fund 306) starting in FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to submit a grant application to the California Active Transportation Program for Safe Routes to School traffic safety improvements around Washington Elementary and Berkeley High School for up to the amount of $2,000,000; and accept the grants awarded, and execute any resultant agreements and amendments.

RESOLUTION NO. -N.S.

GRANT APPLICATION: ACTIVE TRANSPORTATION PROGRAM FOR

ADDISON STREET BICYCLE BOULEVARD EXTENSION
WHEREAS, Berkeley residents and others riding bicycles along the University Avenue corridor experience traffic safety issues in the form of heavy, fast-moving vehicle traffic, buses and large trucks due to a lack of a nearby alternate east-west bicycle route; and WHEREAS, these traffic safety concerns have been documented in the 2017 Berkeley Bicycle Plan (Resolution No. 67,945-N.S.); and
WHEREAS, the 2017 Berkeley Bicycle Plan proposed a new Bicycle Boulevard on Addison Street as an alternate route to University Avenue, to close this gap in the bikeway network and connect the San Francisco Bay Shoreline, the Bay Trail, West Berkeley, Downtown Berkeley, and the University of California Berkeley Campus; and WHEREAS, the City of Berkeley has already secured funding for the Addison Boulevard Phase I project from Milvia Street to Sacramento Street as part of the Affordable Housing and Sustainable Communities grant-funded Berkeley Way project.; and WHEREAS, as a mitigation measure for the Pyramid Hotel project, the City of Berkeley has negotiated with the project developer to install a new traffic signal at the intersection of Oxford Street and Addison Street, improving the bicycle connection to the UC Berkeley Campus; and
WHEREAS, street crossing beacons, a 2-way cycle track connection, a median island, pavement markings, and signage are among the potential safety improvements proposed to close the remaining gap in the Addison Street Bicycle Boulevard; and WHEREAS, California Active Transportation Program capital project funds can be used to make bicycle traffic safety improvements and close the remaining gaps in the Addison Street Bicycle Boulevard; and
WHEREAS, if awarded, the grant funds will be placed in the State Capital Grants Fund (Fund 306) starting in FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to submit a grant application to the California Active Transportation Program for Addison Street Bicycle Boulevard Phase II for up to the amount of $5,000,000; and accept the grants awarded, and execute any resultant agreements and amendments.

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

APPROVAL OF THE BERKELEY STRATEGIC TRANSPORTATION (BEST) PLAN

ADDENDUM
WHEREAS, the Berkeley Strategic Transportation (BeST) Plan establishes a framework for prioritizing the funding and completion of transportation projects pooled from the City’s adopted plans and Council referrals; and
WHEREAS, City Council adopted Resolution No. 67,645-N.S. on July 19, 2016 approving the BeST Plan and authorizing the City Manager to submit the Five-Year Priority Projects listed in the BeST Plan to the Alameda County Transportation Commission (Alameda CTC) for inclusion in their fiscal year (FY) 2018 through 2022 Comprehensive Investment Plan (CIP); and
WHEREAS, Alameda CTC awarded $9 million to the City through the FY 2018 – 2022 CIP, which left some of the BeST Plan Five-Year Priority Projects unfunded or partially funded; and
WHEREAS, City Council adopted Resolution No. 68,613-N.S. on September 25, 2018 approving the BeST Plan Addendum and authorizing the City Manager to submit the unfunded and partially funded Five-Year Priority Projects listed in the BeST Plan to the Alameda CTC for inclusion in their FY 2020 through 2024 CIP; and WHEREAS, Alameda CTC limited new grant awards from the FY 2020 through FY 2024 CIP to projects ready for construction, which the City of Berkeley did not have; and WHEREAS, City Council adopted Resolution No. 69,709-N.S. on January 26, 2021 approving the BeST Plan Second Addendum and authorizing the City Manager to submit the unfunded and partially funded Five-Year Priority Projects listed in the BeST Plan to the Alameda CTC for inclusion in their FY 2022 through 2026 CIP; and WHEREAS, Alameda CTC awarded $2 million to the City through the FY 2022 through 2026 CIP, which left some of the BeST Plan Five-Year Priority Projects unfunded or partially funded; and
WHEREAS, Alameda CTC will seek projects to fund through their CIP for FY 2024 through 2028; and
WHEREAS, City Council adopted Resolution No. 69,642-N.S. on December 8, 2020 approving the Adeline Corridor Specific Plan; and
WHEREAS, the Draft BeST Plan Third Addendum adds the Adeline Corridor project bundle to its Five-Year Priority Project list in order to incorporate recommendations from the Adeline Corridor Specific Plan; and

WHEREAS, if awarded, the grant funds will be placed in the Local Capital Grants Fund (Fund 307) and the City will provide matching funds up to the amount of $350,000, which will be subject to appropriation, starting in FY 2024.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley hereby approves the Berkeley Strategic Transportation (BeST) Plan Third Addendum, Exhibit A attached.

BE IT FURTHER RESOLVED that the City Manager is authorized to submit unfunded BeST Plan Third Addendum Five-Year Priority Projects to the Alameda County Transportation Commission (Alameda CTC) for inclusion in their five-year Comprehensive Investment Plan (CIP) for fiscal year (FY) 2024 through FY 2028, including an application for up to $525,000 for preliminary engineering on Bikeway Intersection Crossings and an application for up to $525,000 for preliminary engineering for Adeline Street between Ashby Avenue and Martin Luther King Jr. Way, and accept the grants awarded, and execute any resultant agreements and amendments.

Exhibits
A: Berkeley Strategic Transportation Plan Addendum

Appendix 5
Berkeley Strategic Transportation Plan
DRAFT Third Addendum
May 2022

Berkeley Strategic Transportation Plan DRAFT Third Addendum Exhibit A
1 Appendix 5. Berkeley Strategic
Transportation Plan Third Addendum
Five-Year Priority Project Update
The City has made significant progress on the BeST Plan Five-Year Priority Projects since the adoption of the Plan in 2016 and the completion and adoption of the first BeST Plan Addendum in 2018 and second BeST Plan Addendum in 2021 (see Appendices 3 and 4).

This Third Addendum proposes one amendment to the Five-year Priority Projects list. This amendment adds the existing BeST Plan Adeline Corridor project bundle onto the Five-Year Priority Project list now that the Adeline Corridor Specific Plan has been adopted by the Berkeley City Council.

Berkeley Strategic Transportation Plan DRAFT Third Addendum Exhibit A
2 Figure 1: Five-Year Priority Projects

PROJECT
Phase 1
Project
Development
/Scoping
Phase 2
Environmental
Study/
Preliminary
Engineering
Phase 3
Detailed
Design
Phase 4
Construction
West Berkeley
9th Street Bikeway Path Extension
Gilman Grade Separation
Gilman Interchange
Railroad Quiet Zone
Southside Area
Southside Complete Streets
Bikeway Intersections & High-Priority
Bicycle Plan Projects
Downtown Berkeley
Center Street Plaza
Downtown Berkeley BART Plaza
Downtown Transit Center
Hearst Complete Streets
Milvia Protected Bikeway
Shattuck Avenue Reconfiguration
Adeline Corridor
Adeline Corridor Specific Plan
recommendations
Signal Interconnect & Transit Signal Priority
High Priority Pedestrian Plan Projects
Safe Routes to School Projects
Ohlone Greenway Upgrade & Street Crossings
Completed Phase
Current Phase
Future Phase
Ongoing project category with
many smaller projects

Berkeley Strategic Transportation Plan DRAFT Third Addendum Exhibit A 1 Table 1: Five-Year Priority Project Status Updates1,2

PROJECT LEAD COMPLETE

FUNDING
STATUS3

IN BERKELEY

STRATEGIC
PLAN4 CURRENT PHASE
Hearst Complete Streets COB ✓ Yes --
Downtown Berkeley BART Plaza COB ✓ Yes --
Safe Routes to School: Emerson, Sylvia Mendez, and John Muir Elementary Schools, King Middle School COB ✓ Yes -- Shattuck Avenue Reconfiguration COB ✓ Yes --
9th Street Bikeway Path Extension COB ✓ Yes --
Milvia Protected Bikeway COB ✓ Yes --
Gilman Interchange
Alameda
CTC ✓ Yes Under Construction
Southside Complete Streets COB ✓ Yes Preliminary Engineering Ohlone Greenway Modernization & Street Crossings COB ✓ Yes Preliminary Engineering High Priority Pedestrian Plan Projects:

Sacramento Street Complete Streets (2010 Ped Plan) COB ✓ Yes -- Adeline Street South (Martin Luther King Jr. Way to
Oakland border) (2020 Ped Plan) X Preliminary Engineering High-Priority Bicycle Plan Projects:

Complete Streets Corridor Study:

Telegraph Ave Transit & Bikeway Corridor COB X Yes Corridor Study & Conceptual Design Bike Boulevard Crossings:

Virginia Street at Martin Luther King, Jr. Way
Rectangular Rapid Flashing Beacon (RRFB) COB ✓ Yes --
Hillegass Street at Ashby Avenue Pedestrian Hybrid
Beacon (PHB) COB ✓ Yes --
Virginia at Sacramento Street Traffic Signal COB ✓ Yes -- 9th St at Cedar, California St at Dwight raised medians COB ✓ Yes -- Virginia at San Pablo Avenue PHB
California Street at Ashby RRFB Caltrans ✓ Yes Construction Bidding Mabel Street at Dwight Way RRFB COB ✓ Yes Preliminary Engineering Russell and Woolsey Streets at Adeline Street PHBs COB ✓ Yes Preliminary Engineering Russell and Woolsey at Shattuck Avenue RRFB COB ✓ Yes Consultant Selection

Berkeley Strategic Transportation Plan DRAFT Third Addendum Exhibit A 2 Table 1: Five-Year Priority Project Status Updates1,2 (Continued)

PROJECT LEAD COMPLETE

FUNDING
STATUS3

IN BERKELEY

STRATEGIC
PLAN4 CURRENT PHASE
Safe Routes to School Projects COB X5 Yes
Portion of Washington Elementary Safe Routes
to School Project Funded
High Priority Pedestrian Plan Projects COB X5 Yes --
Bike Boulevard Intersections COB X6 Yes --
Center Street Plaza COB O Yes Funding for Conceptual Design Deferred Downtown Transit Center COB O
Railroad Quiet Zone7 COB O
Deferred due to currently infeasible Federal
Railroad Administration requirements7
Gilman Grade Separation COB O --
Signal Interconnect and Transit Signal Priority8 COB O -- Notes:

1. Project status are as of May 2022. Figure 1 and Table 1 are updates to the table shown on page 69 of the BeST Plan.

2. COB = City of Berkeley; Alameda CTC = Alameda County Transportation Commission

3. ✓ = Fully Funded and Project Development Underway; X = Partially Funded; O = Seeking Funding

4. The City of Berkeley Strategic Plan was passed by the Council of the City of Berkeley to help prioritize projects and programs to help meet the City’s goals. The Plan can be found at:
https://www.cityofberkeley.info/strategic-plan/.

5. High Priority Pedestrian Plan Projects and Safe Routes to School Projects are ongoing projects and include projects at various phases.

6. Five intersections are prioritized for future funding: Russell BB at San Pablo Ave and Sacramento St; Channing BB at San Pablo Ave and Sacramento St; Hillegass/Bowditch BB at Dwight.

7. The I-80/Gilman Interchange project includes safety upgrades at the Gilman railroad crossing, while the Alameda CTC Railroad Safety Enhancement Program will be doing safety improvements at the remaining open crossings (Cedar, Virginia, Hearst, Addison, Bancroft). These treatments will not result in the trains ceasing to sound their horns, which would require major railroad and station modifications that are not feasible at this time.

8. First phase includes wayside signal upgrades to support transit signal priority on University Ave between Oxford and San Pablo Ave.

Office of the City Manager
1 CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Declaration of Intent – Fiscal Year 2023 Street Lighting Assessments

RECOMMENDATION
Adopt two Resolutions granting the City Manager the authority to approve the Engineer’s Reports; set a public hearing to be held before the Council of the City of Berkeley at its June 28, 2022 meeting; and authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2023 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

FISCAL IMPACTS OF RECOMMENDATION
Resolutions would conditionally approve, pending public hearing and final City Council authorization thereafter, the continued levying of assessments in Fiscal Year (FY) 2023 for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018, collectively referred to herein as the Districts.

The assessments are to be filed with the Alameda County Auditor and included on the County’s assessment roll. After collection by the County the total amount of the assessment minus a county collection fee is paid to the City of Berkeley. The revenue is posted in the Street Light Assessment District Fund (Fund 142).

A summary of projected FY 2023 revenue, expenditures, and fund balances for the assessment districts is shown in Table 1.

Table 1: FY 2023 Street Light Assessment Revenue & Expenditures Forecast Estimated Beginning Balance (Fund 142) $ 1,941,027
Street Lighting Program Expenditures $ 2,974,124
Projected Assessments & Other Revenue
Street Light Assessment District 1982-1 $ 1,416,260
Street Light Assessment District 2018 $ 707,085
County Collection Fee (1.7%) $ (36,097)
Misc. Revenue $ 957

20

Declaration of Intent - FY 2023 Street Lighting Assessment Districts CONSENT CALENDAR May 31, 2022
2 Projected Net Revenue $ 2,088,205
Deficit $ (885,919)
Estimated End Balance (Fund 142) $ 1,055,108
Allowable annual adjustments of the 2018 District assessment rates are expected to raise revenues over the coming years.

CURRENT SITUATION AND ITS EFFECTS
The proposed FY 2023 rates for Assessment District 1982-1 (1982 District) are incorporated into the Engineer’s Report (Attachment 3) and reflect no changes to assessment rates in FY 2023. Accordingly, this action is exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XIII D, Sec. 5). Any increase or change in formula for the assessments would make the annual assessment subject to procedures and approval process of Proposition 218 (Government Code Section 53750-53754). Table 2 details prior year and proposed FY 2023 assessment rates for this district.

Table 2: Street Lighting Assessment District No. 1982-1 Rate Schedule Rate Category
Assessment
FY 2022
Proposed
Assessment
FY 2023 Unit
Residential and Institutional $ 0.0108 $ 0.0108 BSF1
Industrial and Utility $ 0.0216 $ 0.0216 BSF
Commercial $ 0.0432 $ 0.0432 BSF
The assessment for Street Lighting Assessment District 2018 (2018 District) is subject to an annual adjustment tied to the Consumer Price Index-U for the San Francisco Bay Area as of December of each succeeding year (the “CPI”), with a maximum annual adjustment not to exceed 3%. For the period beginning in December 2020 and ending in December 2021, the CPI increased by 4.24%2; therefore the assessment CPI adjustment for Fiscal Year 2023 may not exceed the prescribed maximum of 3.00%. As approved by voters, the total annual adjustment may be calculated by taking the sum of the 1982-1 District assessment and the 2018 District assessment, and multiplying the sum by the allowable CPI increase. Calculating the adjustment in this manner allows for the inclusion of a 1982-1 District adjustment as part of the 2018 District adjustment. The cumulative total adjustment results in a 2018 District assessment rate increase of approximately 8.6%.
1 Building Square Footage (BSF)
2 Bureau of Labor Statistics, Data Series CUUSS49BSA0

Declaration of Intent - FY 2023 Street Lighting Assessment Districts CONSENT CALENDAR May 31, 2022
3 These rate increases and the methodology used in their calculation are in accordance with the voter approved measure; therefore the proposed adjustments are exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XII D, Sec. 5). Table 3 lists current rates and approximate rates proposed for FY 2023 for each rate category. Detailed calculations of the annual adjustment and the corresponding rate increases are included in the 2018 District Engineer’s Report (Attachment 4).

Table 3: Street Lighting Assessment District 2018 Rate Schedule Rate Category
Assessment
FY 2022
Proposed
Assessment
FY 2023
Unit
Residential
Single Family $ 14.12 $ 15.34 parcel
Multi-Family<5 units $ 11.30 $ 12.27 unit
Multi-Family 5 or more units $ 8.47 $ 9.20 unit
Condominium $ 11.30 $ 12.27 parcel
Mobile Home $ 7.06 $ 7.67 unit
Multiple SFR on parcel $ 14.12 $ 15.34 unit
Non-Residential
General Commercial $ 211.82 $ 230.10 acre
Industrial / Warehouse $ 21.18 $ 23.01 acre
Auto Repair $ 141.22 $ 153.40 acre
Hotel / Motel / Boarding $ 141.22 $ 153.40 acre
Hospital $ 88.26 $ 95.88 acre
Retirement Home $ 17.65 $ 19.18 acre
School / Day Care $ 31.77 $ 34.52 acre
Medical / Dental / Vet $ 176.52 $ 191.75 acre
Church $ 10.59 $ 11.51 acre
Mortuary $ 3.53 $ 3.84 acre
Recreational $ 35.30 $ 38.35 acre
Parking / Transportation $ 70.61 $ 76.70 acre
Mini Storage $ 10.59 $ 11.51 acre
Office $ 52.96 $ 57.53 acre
Bank $ 176.52 $ 191.75 acre
Park / Open Space / Agriculture $ 0.71 $ 0.77 acre
Vacant Not assessed

Revenue from the assessments will provide needed funding for the installation, maintenance, and servicing of public lighting facilities, including but not limited to street lights, traffic signals, and related electrical facilities. The improvements and services provided support the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

Declaration of Intent - FY 2023 Street Lighting Assessment Districts CONSENT CALENDAR May 31, 2022
4 BACKGROUND
The Berkeley Street Lighting Assessment District No. 1982-1 was established under the Landscaping and Lighting Act of 1972 (Streets and Highway Code Section 22620- 22631) on July 27, 1982 (Resolution No. 51,449-N.S.) 3. The Street Lighting Assessment District 2018 was established under the same Act on June 12, 2018 (Resolution No. 68,482-N.S.). The Landscaping and Lighting Act of 1972 requires City Council to hold a public hearing each year to consider adoption of an annual budget and approve changes to the Engineer’s Report, even if assessments are not being increased.

In accordance with the Landscaping and Lighting Act of 1972, the City Council sets a date for a public hearing, and authorizes publication of a notice at least ten days prior to the date of that hearing to allow owners of assessed properties within each district to make an oral or written protest against the annual levy. During the course of, or upon conclusion of the public hearing, City Council may order changes in any of the matters provided in the respective Engineer’s Report, including changes in improvements; zones within the assessment district; and the proposed district diagram, or the proposed assessment, as long as any proposed changes are less than the proposed annual levy.

Copies of the Engineer’s Reports with FY 2023 assessments are to be filed with the City Clerk and at the reference desk of the main branch of the Berkeley Public Library.

Electronic copies of the reports and finalized assessment rolls will also be available to the public upon request.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City exclusively uses LED (light emitting diode) street lighting. LED lights provide environmental benefits by reducing the level of greenhouse gases emitted; reducing level of toxic materials disposed; maximization of energy and energy cost savings; achieving the City’s illumination standards; and minimizing administration costs and staff time for street light maintenance.

RATIONALE FOR RECOMMENDATION
The Landscaping and Lighting Act of 1972, under which the Districts were formed, requires a public hearing to be held each year during the course of a regular City Council Meeting to consider adoption of an annual budget and changes to the Engineer’s Report. Failing to meet these requirements would prevent the City from collecting assessments for the Districts in FY 2023.
3 State of California legislation (Streets & Highways §22500) allows local governmental agencies to form Landscape & Lighting Maintenance Districts. A 1972 Act Landscaping and Lighting District is a flexible tool used by local government agencies to pay for landscaping, lighting and other improvements and services in public areas. It is based on the concept of assessing only those properties that benefit from improvements financed, either directly, or indirectly through increased property values. http://www.californiataxdata.com/pdf/1972LLact.pdf

Declaration of Intent - FY 2023 Street Lighting Assessment Districts CONSENT CALENDAR May 31, 2022
5 CONTACT PERSON
Liam Garland, Director, Department of Public Works, (510) 981-6303 Joe Enke, Manager of Engineering, Department of Public Works (510) 981-6411 Attachments:
1: Resolution – Declaration of Intent – Street Lighting Assessment District 1982-1 2: Resolution – Declaration of Intent – Street Lighting Assessment District 2018 3: Engineer’s Report - Street Lighting Assessment District 1982-1 Fiscal Year 2023 4: Engineer’s Report - Street Lighting Assessment District 2018 Fiscal Year 2023

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

DECLARATION OF INTENT – ASSESSMENTS FOR FY 2023 STREET LIGHTING ASSESSMENT DISTRICT 1982-1
WHEREAS, on July 27, 1982, the Council of the City of Berkeley Adopted Resolution No. 51,449–N.S. that completed proceedings to form the Berkeley Street Lighting Assessment District No. 1982-1; and
WHEREAS, pursuant to Chapter III of the Landscaping and Lighting Act of 1972 Street and Highway Code Section 22620-22631, the Department of Public Works, Engineering Division, Engineer of Work for Berkeley Street Lighting Assessment District No. 1982-1, prepared and filed an annual report for levy of annual assessments for Fiscal Year (FY) 2023 with the City Clerk.

NOW THEREFORE, BE IT RESOLVED, the Council of the City of Berkeley approves the Engineer’s Report, dated May 2022, on levy of assessments for FY 2023 for Berkeley Street Lighting Assessment District 1982-1. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED, the Council of the City of Berkeley declares its intention to levy and collect assessments within the Berkeley Street Lighting Assessment District 1982-1 for FY 2023.

BE IT FURTHER RESOLVED, the City Clerk shall publish a notice at least ten (10) days prior to the date of the public hearing listing the date, hour, and place of the public hearing for annual levy and collection of assessments in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Section 6061 of the Government Code.

BE IT FURTHER RESOLVED, improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

BE IT FURTHER RESOLVED, the annual report for Fiscal Year 2023 for which assessments are to be levied and collected to pay the costs of the improvements described in the report prepared by the Department of Public Works, Engineering Division, in accordance with the Landscaping and Lighting Act of 1972 is filed with the Office of City Clerk. All interested persons are referred to that report for a full and detailed description of improvements, boundaries of the assessment district, and proposed assessments upon assessable lots and parcels of land within the assessment district.

BE IT FURTHER RESOLVED, at 6:00 PM on Tuesday, June 28, 2022 the City Council will conduct a public hearing. The hearing may be held in the School District Board Room

located at 1231 Addison Street, Berkeley, CA 94702 or via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency. The Council will consider all objections or protests, if any, to the proposed assessment. At the public hearing any interested person may present written or oral testimony.

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

DECLARATION OF INTENT – ASSESSMENTS FOR FY 2023 STREET LIGHTING ASSESSMENT DISTRICT 2018
WHEREAS, on June 12, 2018, the Council of the City of Berkeley Adopted Resolution No. 68,432–N.S. that completed proceedings to form the Street Lighting Assessment District 2018; and
WHEREAS, pursuant to Chapter III of the Landscaping and Lighting Act of 1972 Street and Highway Code Section 22620-22631, the Department of Public Works, Engineering Division, Engineer of Work for Street Lighting Assessment District 2018, prepared and filed an annual report for levy of annual assessments for Fiscal Year (FY) 2023 with the City Clerk.

NOW THEREFORE, BE IT RESOLVED, the Council of the City of Berkeley approves the Engineer’s Report, dated May 2022, on levy of assessments for FY 2023 for Street Lighting Assessment District 2018. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED, the proposed annual adjustments of assessments are in compliance with the provisions of Proposition 218 because adjustments are in accordance with adjustment formulas established when the assessment district was formed.

BE IT FURTHER RESOLVED, the Council of the City of Berkeley declares its intention to levy and collect assessments within the Street Lighting Assessment District 2018 for FY 2023.

BE IT FURTHER RESOLVED, the City Clerk shall publish a notice at least ten (10) days prior to the date of the public hearing listing the date, hour, and place of the public hearing for annual levy and collection of assessments in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Section 6061 of the Government Code.

BE IT FURTHER RESOLVED, improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilitates; and the installation and construction of public lighting, including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

BE IT FURTHER RESOLVED, the annual report for Fiscal Year 2023 for which assessments are to be levied and collected to pay the costs of the improvements described in the report prepared by the Department of Public Works, Engineering Division, in accordance with the Landscaping and Lighting Act of 1972 is filed with the Office of City Clerk. All interested persons are referred to that report for a full and detailed

description of improvements, boundaries of the assessment district, and proposed assessments upon assessable lots and parcels of land within the assessment district.

BE IT FURTHER RESOLVED, at 6:00 PM on Tuesday, June 28, 2022 the City Council will conduct a public hearing. The hearing may be held in the School District Board Room located at 1231 Addison Street, Berkeley, CA, 94702 or via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency. The Council will consider all objections or protests, if any, to the proposed assessment. At the public hearing any interested person may present written or oral testimony.

ATTACHMENT 3

1 CITY OF BERKELEY

STREET LIGHTING
ASSESSMENT DISTRICT No. 1982-1

ENGINEER’S REPORT
on the
Levy of an Assessment
for
Fiscal Year 2023

May 2022

Prepared by

JOSEPH ENKE, PE

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3

2 CITY OF BERKELEY

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

TABLE OF CONTENTS

BACKGROUND .................................................................................................................................................. 3 PLANS AND SPECIFICATIONS ....................................................................................................................... 3 METHODOLOGY ................................................................................................................................................ 3 ESTIMATE OF COSTS ....................................................................................................................................... 3 DIAGRAM ............................................................................................................................................................ 4 ASSESSMENT .................................................................................................................................................... 5 APPENDIX A: DETAIL OF STREET LIGHTING COSTS IN FY 2023 ........................................................... 6 APPENDIX B: FY 2023 ASSESSMENT ROLL ................................................................................................ 7

LIST OF TABLES

Table 1- FY 2023 Street Light Fund Forecast ............................................................................................... 4

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3

3 BACKGROUND
By its Resolution 51,230 N.S., adopted April 6, 1982, the Berkeley City Council initiated proceedings under the provisions of Division 15, Part 2, of the California Streets and Highways Code, entitled “Landscaping and Lighting Act of 1972”. The required public hearing was held on July 20, 1982, at which time the Council ordered the improvements and the formation of the assessment district, and confirmed the diagram and assessment. The district so formed was designated the “City of Berkeley Street Lighting Assessment District 1982 -1”. Assessments have been levied for the 1983 through 2022 fiscal years.

This report was prepared and filed pursuant to Division 15, Part 2, of the California Streets and Highway Code Section 2250, and is exempt from Government Code Section 53753 since the proposed assessment for FY 2023 will not be increased.

PLANS AND SPECIFICATIONS
The plans and specifications for this assessment district were prepared and filed with the Engineer’s Report for the 1983 fiscal year, which plans and specifications are incorporated herein by this reference thereto.

METHODOLOGY
The benefit to individual parcels within the Assessment District was established in 1982 based on the median light intensity a parcel receives. Parcel’s Land Use Code (LUC) is used to categorize the parcels. The assessment is calculated by multiplying the building square footage on the parcel times the rate of its category. The rate structure has three categories: 1) Residential and Institutional, 2) Industrial, 3) Commercial. An industrial area has twice the median light intensity of a residential area and a commercial area has four times the median light intensity; therefore, the rates are two and four times higher, respectively, than the residential rate. The rates are:

Residential and Institutional $0.0108/Building Square Footage Industrial and Utility $0.0216/Building Square Footage
Commercial $0.0432/Building Square Footage

ESTIMATE OF COSTS
The improvements to be made in this assessment district are generally described as the maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities ; and the installation and construction of public lighting including grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk s, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3

4 An estimate of costs for the maintenance of the improvements is provided in the fiscal year (FY) 2023 Street Light Assessment Fund (Fund 142) forecast provided below. A more detailed breakdown of costs is included as Appendix A.

Table 1- FY 2023 Street Light Fund Forecast

Costs

Personnel Costs $ 1,072,367

Non-Personnel Costs
Supplies, etc. $ 149,673
Debt Service $ 370,451
PG&E Electric Costs $ 423,193
Infrastructure/Streets $ 534,398
Deferred Capital Maintenance $ 171,125
Indirect Costs $ 51,764
Operating Transfer Out $ 12,120
Internal Services $ 189,033
Subtotal Non-Personnel Costs $ 1,901,757

Total Costs $ 2,974,124

Assessments & Other Revenue

Street Light Assessment District 1982-1 $ 1,416,260
Street Light Assessment District 2018 $ 707,085
County Collection Fee (1.7%) $ (36,097)
Misc. Revenue $ 957

Net Revenue $ 2,088,205

Deficit $ (885,919)

DIAGRAM
The diagram for this assessment district was prepared and filed with the Engineer’s Report for the 1983 fiscal year.

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 5 ASSESSMENT
Except as described below, the assessments to be made against the assessable lots and parcels of land within this assessment district are contained in the “ 2022 Assessment Roll” for this district, which roll is filed herewith and incorporated herein by this reference thereto.

Said assessment roll filed herewith is based on data contained in the City’s 2022 Library Tax tape and the County Assessor’s 20 22 maps. In the event that data contained in the 2022 Library Tax tape and 2022 maps, when issued, conflict therewith, assessments to be made against the affected parcels for this 20 23 Fiscal Year shall be based upon the revised data contained in said 2023 tape and 2023 maps.

Dated:

Joseph Enke, RCE 49027
Engineer of Work
April 19, 2022

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3

6 APPENDIX A: DETAIL OF STREET LIGHTING COSTS IN FY 202 3 Personnel Supplies, etc Debt Service PGE Electric
Infrastructure/
Streets
Deferred
Capital/
Maintenance Indirect Costs
Operating
Transfer Out
Internal
Services TOTALS
Customer Servi ce - 311 38,402$ 38,402$
Revenue Col l ecti on 19,063$ 2,188$ 21,251$ Financial Admin
Servi ces 364$ 364$
Corp Yard
A dm inistration 1,091$ 1,091$
General Engi neeri ng 121$ 121$
Communi cati on System
Maintenance 1,000$ 1,000$
Street Li ghti ng
Maintenance 1,053,304$ 135,756$ 370,451$ 415,808$ 534,398$ 171,125$ 49,576$ 10,544$ 134,495$ 2,875,458$ Traffic Signal
Maintenance -$
Corp Yard Maintenance 12,917$ 7,385$ 16,136$ 36,438$ TOTALS 1,072,367$ 149,673$ 370,451$ 423,193$ 534,398$ 171,125$ 51,764$ 12,120$ 189,033$ 2,974,125$ DETAIL OF STREET LIGHTING COSTS IN FY 2023

STREET LIGHTING ASSESSMENT DISTRICT 2018 ATTACHMENT 3

7 APPENDIX B: FY 202 3 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 2018 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this report.

These records shall govern all details concerning the description of the lots or parcels.

FY 2023

City of Berkeley
Street Lighting Assessment District 2018
May 2022

(This Page Intentionally Left Blank)

City of Berkeley
Street Lighting Assessment District 2018
FY 2023
Page i

CITY OF BERKELEY
City Council
Jesse Arreguin, Mayor
Rashi Kesarwani, District 1
Terry Taplin, District 2
Ben Bartlett, District 3
Kate Harrison, District 4
Sophie, Hahn, District 5
Susan Wengraf, District 6
Rigel Robinson, District 7
Lori Droste, District 8

City Manager
Dee Williams-Ridley

Public Works Department
Liam Garland, Director
Joseph Enke, Manager of Engineering
Ricardo Salcedo, Associate Civil Engineer

City Attorney
Farimah Brown

Engineer of Work
Jerry Bradshaw, P.E., SCI Consulting Group

City of Berkeley
Street Lighting Assessment District 2018
FY 2023
Page ii

TABLE OF CONTENTS

Introduction 1
Overview 1
Assessment Formation Process 2
Legal Requirements 2
Proposition 218 2
Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority 3
Dahms v. Downtown Pomona Property 4
Bonander v. Town of Tiburon 5
Beutz v. County of Riverside 5
Golden Hill Neighborhood Association v. City of San Diego 5 Compliance with Current Law 5
Plans and Specifications 7
Fiscal Year 2023 Budget 9
Method of Assessment 11
Discussion of Benefit 11
Special Benefit 12
Improved Visibility and Safety 12
Improved Access, Navigation and Traffic Safety 12
Improved Community Character and Vitality 12
General Versus Special Benefit 13
Quantification of General Benefit 13
Calculation of General Benefit 14
Calculation of the Current General Benefit Contribution from the City 16 General Benefit is More than Offset by City Contribution 16 Method of Assessment 16
Residential Traffic 17
Non-Residential Traffic 17
Darkness 18
Single-Family Equivalents 18
Annual Assessment Increase 19
Duration of Assessment 20
Appeals and Interpretation 21

City of Berkeley
Street Lighting Assessment District 2018
FY 2023
Page iii

Assessment Statement 22
Assessment Diagram 24
Appendix B – Assessment Roll 27

City of Berkeley
Street Lighting Assessment District 2018
FY 2023
Page iv

List of Tables
Table 1 – FY 2023 Budget Summary ................................................................................... 9 Table 2 – General Benefit for Arterial Streets .................................................................. 15 Table 3 – Calculation of General Benefit .......................................................................... 15 Table 4 – Single-Family Equivalent Rates .......................................................................... 19 Table 5 – Maximum Single-Family Equivalent Rate Calculation ....................................... 20

City of Berkeley
Street Lighting Assessment District 2018
FY 2023
Page v

List of Figures
Figure 1 – Assessment Diagram ........................................................................................ 24

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Introduction
Overview
The City of Berkeley (“City”) provides maintenance and servicing of certain publicly- owned street lights throughout the City. In order to fund the installation, maintenance and operation (the “Services”) of these improvements (“Improvements”), the City formed a city-wide street light assessment district in 1982. The rates for the 1982 assessment district have never been increased. Revenues from these assessments are placed into the streetlight fund (Fund 470).

In time, the financial outlook of the Streetlight fund began to cause concern as the costs increased for energy, labor and materials, while the revenue remained relatively static.

Accordingly, the Streetlight fund no longer had enough funds to fund the Street light program. As a result, beginning in Fiscal Year 20061 the Streetlight fund began to receive a subsidy from the City’s General Fund in order to balance revenues with expenditures.

However, because of other demands on the General Fund, that subsidy ended beginning Fiscal Year 2018. The modest fund balance was sufficient for Fiscal Year 2018 to cover that year’s anticipated expenses, but under current conditions it was expected to be depleted during Fiscal Year 2019. To establish financial sustainability for the Streetlight fund and avoid significant reductions in service levels, in 2018 the City conducted a funding measure to increase the assessment revenue for street light services.

With the passage of Proposition 218 in 1996, any increase in assessments must be approved by the affected property owners through a specified ballot proceeding. In addition, Proposition 218 and related subsequent court decisions create strict criteria for how assessments can be apportioned to the various properties, and the existing 1982 assessment structure may not be adequately consistent with these newer criteria.

While the 1982 assessment structure may continue as a “grandfathered” assessment, any increase must be implemented in accordance with Proposition 218 and court decisions. For this reason, a new district, Street Lighting Assessment District 2018 (“District”), was formed separately, leaving the 1982 assessment structure in place, as is.

The District will was formed and the levies are made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972 (“Act”), and Article XIIID of the California Constitution (“Article”).

1 Fiscal years are referenced in this Report by the year that fiscal period ends. For example, Fiscal Year 2006 would cover the period from July 1, 2005 through June 30, 2006.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Assessment Formation Process
This Engineer’s Report (“Report”) describes the Street Lighting Assessment District 2018 (“District”), along with the boundaries, a description of the facilities and public improvements to be improved , serviced and maintained by the assessments (the "Improvements”), and the proposed assessments for Fiscal Year 2023 (“Assessments”).

At its meeting on April 3, 2018, the City Council passed a resolution directing that a notice of assessment and assessment ballot be mailed to property owners within the District whose property receives special benefit from the Improvements. The notice included a description of the Improvements to be funded by the Assessments, the proposed assessment amount for each parcel owned, and a n explanation of the method of completing and submitting the ballot. Ballots were mailed on or about April 11, 2018.

On May 29, 2018 , a public hearing was be held for the purpose of allowing public testimony regarding the proposed Assessments. At the Public Hearing, the public had the opportunity to speak on the issue, voice any concerns or protests, and obtain further information about the proposed Assessments.

The returned ballots were then tabulated, and the ballot results were announced at the City Council meeting on June 12, 2018 . It was determined that the assessment ballots submitted in opposition to the proposed Assessments d id not exceed the assessment ballots submitted in favor of the Assessments (each ballot was weighted by the proportional financial obligation of the property for which the ballot was submitted), so the Council was able to take action to approve the levying of Assessments for Fiscal Year 2019. The Assessments were so confirmed and approved, and the Assessment information was submitted to the County Auditor/Controller. The County Auditor/Controller included the Assessments on the property tax roll beginning in Fiscal Year 2019. Assessments may now be continued by the City Council from year to year.

Legal Requirements
Proposition 218
This Assessment District was formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Proposition 218 describes a number o f important requirements, including property - owner balloting for the imposition, increase and extension of assessments, and these requirements are satisfied by the process used to establish this Assessment District.

Silicon V alley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority
In July 2008, the California Supreme Court decided Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”), the most significant court case clarifying the substantive assessment requirements of Proposition 218. Several of the most important elements of the decision included further emphasis that:

▪ Benefit assessments are for special benefits to property, not general benefits. ▪ The services and/or improvements funded by assessments must be clearly defined.
▪ Assessment districts must be drawn to contain all parcels that receive a special benefit from a proposed public improvement.
▪ Assessments paid in each assessment district must be proportional to the special benefit received by each such parcel from the improvements and services funded by the assessment.

This Engineer’s Report and the process used to establish the Assessments are consistent with the SVTA decision and with the requir ements of Article XIIIC and XIIID of the California Constitution based on the following factors:

1. The District is narrowly drawn to include only the properties that receive special benefit from the specific Improvements. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is extended only on the Improvements in the District.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

2. The Improvements which will be constructed and maintained with Assessment proceeds in the District are located in close proximity to the real property subject to the Assessment. The Improvements provide illumination to street s and sidewalks enabling improved access to the residents of such assessed property.

The proximity of the Improvements to the assessed parcels and the improved access and increased safety provided to the residents of the assessed parcels by the Improvements provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision.

3. Due to their proximity to the assessed parcels, the Improvements financed with Assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the area derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values.

4. The assessments paid in the District are proportional to the special benefit that each parcel within the District receives from the Improvements because:
a) The costs of the specific lighting Improvements and maintenance and utility costs in the District are specified in this Report; and

b) Such Improvement and maintenance costs in the District are allocated among different types of property located within the District and equally among those properties which have similar characteristics, such as single- family residential parcels, multi-family residential parcels, commercial parcels, industrial parcels, etc.

Dahms v. D owntown Pomona Property
On June 8, 2009, the Court of Appeal amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomon a in Dahms v.

Downtown Pomona Property (“Dahms”). On July 22, 2009, the California Supreme Court denied review. In Dahms the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improveme nts funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Bonander v. Town of Tiburon
On December 31, 2009, in Bonander v. Town of Tiburon (“Bonander”), the Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits.

Beutz v. County of Ri verside
On May 26, 2010 the Court of Appeals issued a decision in Steven Beutz v. County of Riverside (“ Beutz”). This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services was not explicitly calculated, quantified and separa ted from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the Court of Appeal issued a decision in Golden Hill Neighborhood As sociation v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The Court described two primary reasons for its decision. First, like in Beutz, the Court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the Court found that the City failed to record the basis for the assessment on its own parcels.

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of Article s XIIIC and XIIID of the California Constitution and with the SVTA decision because the Improvements to be funded are clearly defined; the Improvements are directly available to and will directly benefit property in the District; and the Improvements provide a direct advantage to property in the District that would not be received in absence of the Assessments.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and q uantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services and proportional special benefit to each property.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Plans and Specifications
The work and Improvements to be undertaken by the City and the cost paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Assessment herein. Consistent with the Act, the Improvements are generally described as follows:

The installation, maintenance, and servicing of local street light s in close proximity to certain lots and parcels which provide a direct special benefit to such lots or parcels.

The installation, maintenance, and servicing of peripheral street light structures which provide a special benefit to all the assessable parcels within the District whether or not such parcels are in close proximity to such lighting.

The installation or constructi on of public lighting facilities, or t he acquisition of any new improvements.

Plans and Specifications for the Improvements for the District are voluminous and are not bound in this Report but by this reference are incorporated and made a part of this Report. The Plans and Specifications are on file in the office of the Public Works Director where they are available for public inspection.

Article XIII D of the California Constitution defines "maintenance and servicing expenses" as, "the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain a pe rmanent public improvement". The Improvement funding includes, but is not limited to, the removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the local lighting improvements benefiting t he parcels within the District.

The Improvements to be maintained and serviced within the District are to be part of the local street light system of the City of Berkeley that confers special benefit to the District's parcels. The specific location of local street light Improvements within the City can be found in the Streetlight Condition Assessment by Tanko Lighting, which is on file in the office of the Director of Public Works, where it is available for public inspection.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

The Improvements to be maintained and serviced within the District include City-owned street light s within the right of way of the local public streets located within the boundaries of the District. These lights are all within close proximity to the parcels within the District identified as receiving local lighting benefit in the Method of Assessment, and, as such, provide special benefit to these parcels.

All street light maintenance will be performed by the City of Berkeley or its contractors.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Fiscal Year 2023 Budget
A summary budget for fiscal year 2023 for the maintenance of the Improvements is provided below. The full Itemized budget for the Assessment District is voluminous and is not bound in this report but by reference is incorporated and made a part of this report.

The Itemized budget is on file in the Department of Public Works where it is available for public inspection.

Table 1 – FY 2023 Budget Summary

FY 2023
Revenue
1982 Assessment Dist 1,416,260$
SLAD 2018 Assessments 1 707,085
Misc. Revenue 957
TOTAL REVENUE 2,124,302$
Expenses
Personnel Expenses
Personnel 1,072,367
Other Operating Expenses
Supplies, etc. 149,673
Indirect Costs 51,764
Gas/Electricity 423,193
Debt Service Payment 370,451
Operating Transfer Out 12,120
Internal Services 189,033
County Collection Fee 36,097
Other Operating Subtotal 1,232,331$
Capital Expenses
Infrastructure/Streets 534,398
Deferred Capital/Maint 171,125
Capital Subtotal 705,523$
TOTAL EXPENSES 3,010,221$
To (from) General Fund and/or Reserves (885,919)$
Budget Allocation to Parcels
Total Street Light 2018 Assessments 1 707,085$
Total Street Light 2018 SFEs 46,097.747
Assessment per SFE 2 15.34$

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Notes on the Budget:

1. The Act requires that proceeds from the Assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the Assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The City may also establish a reserve fund for contingencies and special projects, as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments.

2. The rate shown here is for a Single-Family Equivalent (“SFE”), which is a single-family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment” and the sections following it in this report.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Method of Assessment
This section of the Engineer’s Report includes an explanation of the benefits derived from the installation, maintenance and servicing of the Improvements throughout the District and the Assessment methodology used to apportion the total Assessment to properties within the District.

The District consist s of all assessor parcels within the boundaries as defined by the Assessment Diagram and the parcels identified by the Assessor Parcel Numbers listed with the levy roll included with this Report. The parcel list includes all assessable privately and publicly owned parcels within the boundaries. The method used for apportioning the Assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s use of the Improvements or a property owner’s specific demographic status. With reference to the requirements for Assessments, Section 22573 of the Act states:

The net amount to be assessed u pon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that Assessments must be based on the special benefit to property:

No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

Special Benefit
Street lighting is an optional improvement, not required by state or federal law, that is an enhancement over and above requisite infrastructure, and thus is a special benefit. The majority of the benefits of the street lights are received by the benefited property, with a small portion of the benefits received by the general public on major streets only. This portion received by the general public is captured and quantified in the following section.

The factors that determine special benefit conferred on parcels are detailed below:

Improved V isibility and Safety
Well maintained, effective street lighting provides special benefit to proximate parcels, within range of the light, because it allows for safer and improved use of the prope rty in the evenings, early morning, and at night. Street lighting provides special benefit because it increases neighborhood safety and, at least indirectly, reduces the likelihood of crime on the proximate parcels . Over time, the Improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the Improvements. The proper maintenance of the street lights and appurtenant facilities increases visibility and local human presence and , in many situations, helps reduce property-related crimes, especially vandalism, against assessed properties in the District.

Improved Access , Navigation and Traffic Safety
Well maintained, effective street lighting enhances ingress, egress and accessibility of all forms to the assessed parcels in the evening, early morning, and at night by increasing visibility. Improved visibility also helps prevent local automobile, bicycle, and pedestrian traffic accidents related to the assessed parcels. This benefit includes a reduction in accidents during non-daylight hours.

Improved Community Character and Vitality
Well maintained, effective street lighting promotes evening and nighttime social interaction of residents and customers of businesses and industry. This creates a positive atmosphere and enhanced community image in the evening and at night for the assessed parcels.

All of the above -mentioned items also contribute to a specific enhancement to each of the parcels within the District. The proximate street lights make each parcel safer, more visible, more accessible, more useful, more valuable and more desirable; and this further strengthens the basis of these Assessments.

City of Berkeley
Street Lighting Assessment District 2018
FY 2023

General Versus Special Benefit
The proceeds from the Assessments are used to fund the described Improvements and increased levels of maintenance to the other City facilities that serve and benefit the properties in the District. In absence of the Street Lighting Assessment District 2018, such Improvements would not be properly maintained. Therefore, the District’s purpose is to ensure that the necessary and beneficial public facilities for property in the District are properly maintained, operated and repaired over time. The Assessments will ensure that street lighting and associated improvements with in and adjacent to the District are functional, well maintained and effective. These public resources directly benefit the property in the District and will confer distinct and special benefits to the p roperties within the District.

The Improvements and Services are specifically designed, located and created to provide additional and improved resources for property inside the District and not the public at large although the Improvements maintained by the Services may be available to the general public . Oth er properties that are outside the District do not enjoy the unique proximity and other special benefit factors described previously. These Improvements and Services are of special benefit to properties located within the District because they provide a direct advantage to properties in the District that would not be provided in the absence of the Assessments. Any general benefits to surrounding properties outside of the Assessment District, if any, are collateral and conferred concomitantly.

Quantificatio n of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments. The funding for general benefits must come from other sources.

The maintenance and servicing of these Improvements is also partially funded, directly and indirectly, from other sources , including the City of Berkeley, Alameda County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). This fu nding from other sources more than compensates for general benefits, if any, received by the properties within the Assessment District.