Agenda packet — Berkeley City Council, June 14, 2022 (part 7 of 7)

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Placing an Empty Homes Tax Ordinance on the November 8, 2022 Ballot ACTION CALENDAR May 31, 2022

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Councilmember Kate Harrison, Council District 4, 510-981-7140 Attachments:
1: Draft Resolution
Exhibit A: Draft Text of Measure

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RESOLUTION NO. -N.S.

SUBMITTING TO THE BERKELEY ELECTORATE AN ORDINANCE ADDING CHAPTER 7.54 TO THE BERKELEY MUNICIPAL CODE TAXING EMPTY HOMES ON THE NOVEMBER 8, 2022 BALLOT
WHEREAS, the Berkeley City Council has elected to submit to the voters at the November 8, 2022 General Municipal Election, a measure adding Chapter 7.54 to the Berkeley Municipal Code taxing empty homes; and
WHEREAS, in accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Alameda County Board of Supervisors is requested to consolidate the City of Berkeley General Municipal Election with the Statewide General Election to be held November 8, 2022; and WHEREAS, the City of Berkeley hereby requests that the Alameda County Board of Supervisors permit the Registrar of Voters of Alameda County to perform services in connection with said election at the request of the City Clerk. These services to include all necessary services related to official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election; and WHEREAS, the Council desires to submit this measure to be placed upon the ballot at said consolidated election.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Board of Supervisors of Alameda County is hereby requested to include on the ballots and sample ballots the measure enumerated above to be voted on by the voters of the qualified electors of the City of Berkeley.

BE IT FURTHER RESOLVED that the full text of the measure shall be printed in the Voter Information Pamphlet mailed to all voters in the City of Berkeley.

BE IT FURTHER RESOLVED that the above enumerated measure requires a majority vote threshold for passage.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Berkeley, the Government Code and the Elections Code of the State of California.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to obtain printing, supplies and services as required.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services,

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printing services, and any such other supplies and services as may be required by the statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.

BE IT FURTHER RESOLVED that Pursuant to Elections Code Section 9285 (b), the City Council hereby adopts the provisions of Elections Code Section 9285 (a) providing for the filing of rebuttal arguments for city ballot measures.

BE IT FURTHER RESOLVED that the City will reimburse the Registrar of Voters for the costs associated with placing the measure on the ballot.

BE IT FURTHER RESOLVED that said proposed Ordinance measure shall appear and be printed upon the ballots to be used at said election as follows:

CITY OF BERKELEY ORDINANCE
YESShall the measure [ ]
NO
BE IT FURTHER RESOLVED that the text of the Ordinance be shown as Exhibit A, attached hereto and made a part hereof.

Exhibits
A: Text of Ordinance

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Exhibit A
ORDINANCE NO. #,###-N.S.

ADDING CHAPTER 7.54 TO THE BERKELEY MUNICIPAL CODE TO TAX EMPTY HOMES
BE IT ORDAINED by the people of the City of Berkeley as follows:

Section 1. That Chapter 7.54 of the Berkeley Municipal Code is added to read as follows:

Chapter 7.54
Empty Homes Tax
Sections:

7.54.010 Short Title.

7.54.020 Findings and Purpose.

7.54.030 Definitions.

7.54.040 Imposition of Tax.

7.54.050 Returns; Presumption of Vacancy.

7.54.060 Exemptions and Exclusions.

7.54.070 Administration; Penalties.

7.54.080 Housing Trust Fund; Deposit of Proceeds.

7.54.090 Expenditure of Proceeds.

7.54.100 Technical Assistance to the Finance Department.

7.54.110 Authorization and Limitation on Issuance of Bonds

7.54.120 Amendment of Ordinance.

7.54.130 Severability.

7.54.140 Savings Clause.

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2 7.54.010 Short Title.

This Chapter shall be known as the “Empty Homes Tax Ordinance,” and the tax it imposes shall be known as the “Empty Homes Tax.”

7.54.020 Findings and purpose.

The Council of the City of Berkeley finds and declares as follows:

A. Residential vacancies are an ongoing concern in Berkeley. According to the 2020 Decennial Census, 9% of Berkeley’s housing sits vacant, or a total of 4,725 units.

B. Of total vacancies, the Berkeley Rent Stabilization Board data from 2022 indicates that 1,128 fully or partially regulated units have been classified by their owners as not available to rent. Rent controlled units are a key strategy for ensuring long-term affordability.

C. Prolonged vacancy restricts the supply of available housing units and runs counter to the City’s housing objectives. Prolonged vacancies can also decrease economic activity in neighborhoods and lead to blight.

D. The Empty Homes Tax is intended to disincentivize prolonged vacancies, thereby increasing the number of housing units available for occupancy, while also raising funds for rent subsidies and affordable housing.

7.54.030 Definitions.

Unless otherwise defined in this Chapter, the terms used in this Chapter shall have the meanings given to them in Chapter 2.44 and 9.04, of the Municipal Code, as amended from time to time. For purposes of this Chapter, the following definitions shall apply:

A. “Affiliate” means a person under common majority ownership or common control, whether that ownership or control is direct or indirect, with any other person, including but not limited to a person that majority owns or controls, or is majority owned or controlled by, any other person.

B. “Building Permit Application Period” means the period following the date that an application for a building permit for repair, rehabilitation, or construction with respect to a Residential Unit is filed with the City through the date the Planning Department or its successor agency grants or denies that application, not to exceed one year.

Notwithstanding the preceding sentence, if more than one building permit application is filed by or on behalf of one or more persons in the Owner’s Group for the same Residential Unit, the Building Permit Application Period shall mean only the applicable period following the date the first application is filed with the City by or on behalf of anyone in the Owner’s Group.

C. “Construction Period” means the one-year period following the date that the City issues a building permit for repair, rehabilitation, or construction with respect to a Residential Unit, provided that if the City issues multiple building permits to or for the benefit of one or more persons in the Owner’s Group for the same Residential Unit, the Construction Period shall mean only the one-year period following the issuance of the first building permit to or for the benefit of anyone in the Owner’s Group.

D. “Disaster Period” means the two-year period following the date that a Residential Unit was severely damaged and made uninhabitable or unusable due to fire, natural disaster, or other catastrophic event.

E. “Accessory Dwelling Unit,” and “Single Family Dwelling,” shall have the same meaning as defined in Section 23F.04.010.

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3 F. “Homeowners’ Exemption Period” means the period during which a Residential Unit is the principal place of residence of any owner of that Residential Unit and for which such owner validly has claimed either the homeowners’ property tax exemption under Section 218 of the California Revenue and Taxation Code or the disabled veterans’ exemption under Section 205.5 of that Code, as those sections may be amended from time to time.

G. “Lease Period” means the period during which any owner of a Residential Unit or any person in the Owner’s Group of that owner leases that Residential Unit to one or more tenants under a bona fide lease intended for occupancy, but not including any lease or rental of that Residential Unit to anyone in the Owner’s Group or to travelers, vacationers, or other transient occupants.

H. “New Construction Period” means the one-year period following the date that the City issues a certificate of final completion and occupancy with respect to a Residential Unit in a newly erected building or a newly added Residential Unit in an existing building.

I. “Owner Death Period” means, with respect to a co-owner or decedent’s estate, heirs, or beneficiaries, the period during which a Residential Unit is unoccupied, uninhabited, or unused because of the death of any owner of a Residential Unit who was the sole occupant of that Residential Unit immediately prior to such owner’s death, provided that such period shall not exceed the longer of one year or the period during which the Residential Unit is subject to the authority of a probate court.

J. “Owner In Care Period” means the period during which a Residential Unit is unoccupied, uninhabited, or unused because all occupants of the Residential Unit who used that Residential Unit as their principal residence are residing in a hospital, long term or supportive care facility, medical care or treatment facility, or other similar facility.

K “Owner’s Group” means for each owner of a Residential Unit, with respect to each Residential Unit, the owner, any current or former co-owner, and any Related Person or Affiliate of the owner or any current or former co-owner.

L. “Related Person” means a spouse, domestic partner, child, parent, or sibling.

M. “Residential Unit” means a house, an apartment, a mobile home, a group of rooms, or a single room that is designed as separate living quarters, other than units occupied or intended for occupancy primarily by travelers, vacationers, or other transient occupants. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have a kitchen and direct access from the outside of the building or through a common hall. For purposes of this Chapter, a Residential Unit shall not include a unit in a currently operational nursing home, residential care facility, or other similar facility, or any unit that is fully exempt from property tax under the welfare exemption under Section 214(g) of the California Revenue and Taxation Code, as may be amended from time to time.

N. “Vacancy Exclusion Period” means the Building Permit Application Period, Construction Period, Disaster Period, Homeowners’ Exemption Period, Lease Period, New Construction Period, Owner Death Period, or Owner In Care Period.

O. “Vacant” means unoccupied, uninhabited, or unused, for more than 182 days, whether consecutive or nonconsecutive, in a tax year.

7.54.040 Imposition of Tax.

A. Except as otherwise provided in this Chapter for the purposes described in Section 7.54.090, the City imposes an annual Empty Homes Tax on each person that owns a Residential Unit for keeping that Residential Unit Vacant.

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4 B. The tax on an owner keeping a Residential Unit Vacant shall be shall as follows:
(1) $3,000 per vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership;
(2) $6,000 per other vacant Residential Unit.

H. The rates set forth in subsections (B) of this Section shall be adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31st of the preceding year, beginning with the 2025 tax year.

I. The Empty Homes Tax shall be payable by the owner or owners of the Residential Unit kept Vacant. Not more than one tax per Residential Unit shall be imposed under this Section for a tax year by reason of multiple liable owners. If there are multiple liable owners, each owner shall be jointly and severally liable for the tax, which shall be the highest amount of tax payable by any owner for that Residential Unit for that tax year.

J. A person shall be liable for the Empty Homes Tax only if that person, while owning a Residential Unit, has kept or is deemed to have kept that Residential Unit unoccupied, uninhabited, or unused, for more than 182 days, whether consecutive or nonconsecutive, in a tax year. In determining whether an owner has kept a Residential Unit Vacant during a tax year, days within any Vacancy Exclusion Period shall be disregarded if that Vacancy Exclusion Period applies to that owner for that Residential Unit, as shall days in which the Residential Unit was not owned by the owner, but the owner shall be deemed to have kept the Residential Unit unoccupied, uninhabited, or unused on all other days that such Residential Unit is unoccupied, uninhabited, or unused during the tax year.

K. The Empty Homes Tax shall take effect on January 1, 2024. The Empty Homes Tax shall expire on December 31, 2053.

7.54.050 Returns; Presumption of Vacancy.

A. Each person that is required to pay the Empty Homes Tax shall file a return in the form and manner prescribed by the Finance Department.

B. Each person that owns a Residential Unit at any time during a tax year and that is not exempt from the Empty Homes Tax with respect to that Residential Unit under any one of subsections (a) through (d) of Section 7.54.060 shall file a return for that tax year in the form and manner prescribed by the Finance Department. A person that fails to file the return required by this subsection (b) for a Residential Unit shall be presumed to have kept that Residential Unit Vacant for the tax year for which such return is required.

The person who fails to file the required return may rebut the presumption by producing satisfactory evidence that such person did not keep the Residential Unit Vacant during the tax year for which the return is required.

7.54.060 Exemptions and Exclusions.

A. For only so long as and to the extent that the City is prohibited from imposing the Empty Homes Tax, any person upon whom the City is prohibited under the Constitution or laws of the State of California or the Constitution or laws of the United States from imposing the Empty Homes Tax shall be exempt from the Empty Homes Tax.

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5 B. Any organization that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall be exempt from the Empty Homes Tax.

C. The City, the State of California, and any county, municipal corporation, district, or other political subdivision of the State shall be exempt from the Empty Homes Tax, except where any constitutional or statutory immunity from taxation is waived or is not applicable.

D. A natural person or family trust that owns no more than two Single Family Dwellings (inclusive of an Accessory Dwelling Unit or a junior Accessory Dwelling Unit) shall be exempt from the Empty Homes Tax. For purposes of subparagraph D. only, the “Owner” of such Rental Property shall not be any of the following set forth under California Civil Code Section 1947.12(d)(5)(A)(i)-(iii) (“AB 1482”): a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; a corporation; or a limited liability company.

7.54.070 Administration; Penalties
A. Except as otherwise provided under this Chapter, the Empty Homes Tax shall be administered pursuant to Chapter 2.44 and 9.04.

B. Transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be disregarded for purposes of determining the amount of the Empty Homes Tax and whether the Empty Homes Tax is due. In addition to the Empty Homes Tax due as a result of this subsection (b), any owner liable for any Empty Homes Tax as a result of this subsection (b) shall be liable for a penalty in an amount equal to the Empty Homes Tax due as a result of this subsection (b).

7.54.080 Housing Trust Fund; Deposit of Proceeds.

A. Establishment of Fund. The Housing Trust Fund (“Fund”) is hereby established as a special purpose fund, and shall receive all taxes, penalties, interest, and fees collected from the Empty Homes Tax imposed under this Chapter.

B. Use of Fund. Subject to the budgetary and fiscal provisions of the Charter, monies in the Fund shall be used exclusively for the purposes described in Section 7.54.090.

C. Administration of Fund. Commencing with a report filed no later than February 15, 2026, covering the fiscal year ending June 30, 2025, the Finance Director shall file annually with the Council, by February 15 of each year, a report containing the amount of monies collected in and expended from the Fund during the prior fiscal year, the status of any project required or authorized to be funded by Section 7.54.090, and such other information as the Finance Director, in the Finance Director’s sole discretion, deems relevant to the operation of Chapter.

D. All monies collected under the Empty Homes Tax Ordinance shall be deposited to the credit of the Housing Trust Fund (“Fund”) established in subsection A of this Section.

The Fund shall be maintained separate and apart from all other City funds and shall be subject to appropriation. Any balance remaining in the Fund at the close of any fiscal year shall be deemed to have been provided for a special purpose and shall be carried forward and accumulated in the Fund for the purposes described in Section 7.54.090.

7.54.090 Expenditure of Proceeds.

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6 Subject to the budgetary and fiscal provisions of the Charter, monies in the Housing Trust Fund shall be appropriated on an annual or supplemental basis and used exclusively for the following purposes:

A. To the Finance Department and other City Departments, for administration of the Empty Homes Tax and administration of the Housing Trust Fund.

B. Refunds of any overpayments of the Empty Homes Tax, including any related penalties, interest, and fees.

C. All remaining amounts to provide funding, including administrative costs, for Eligible Programs, [ ]% of which shall be used for the programs described in subsection

7.54.090 C.(1)(a), [ ]% of which shall be used for the programs described in subsection

7.54.090 C.(1)(b), and [ ]% of which shall be used for the programs described in subsection 7.54.090 C.(1)(c). The voters intend that these remaining amounts be spent on Eligible Programs at levels in addition to amounts currently spent on such Eligible Programs and that such remaining amounts not be used to supplant existing expenditures.
(1) For purposes of this Section 7.54.090, “Eligible Programs” means:
(a) Construction of new affordable housing, including by providing pre-development to non-profit affordable housing developers. Buildings subject to expenditures under this subsection 7.54.090 C.(1)(B) shall be restricted through a recorded deed restriction or restrictions mandated for the useful life of the building to households with an household income of 80% or less of Area Median Income.
(b) The acquisition and rehabilitation of multi-unit buildings for affordable housing, and the operation of such buildings acquired and/or rehabilitated. Buildings subject to expenditures under this subsection 7.54.090 C.(1)(B) shall be restricted through a recorded deed restriction or restrictions mandated for the useful life of the building to households with an household income of 80% or less of Area Median Income. (c) Rental subsidies for individuals age 60 or older and rental subsidies for households with a household income of not more than 80% of Area Median Income. (2) For purposes of this Section 7.54.090, “Area Median Income” means the median income as published annually by the City Manager pursuant to Chapter 23.328.080 (Administrative Regulations), derived in part from the income limits and area median income determined by the United States Department of Housing and Urban Development, or its successor agency, for the Alameda County metro fair market rent area, adjusted solely for household size, but not for high housing cost area. The Council may modify this definition of Area Median Income solely for purposes of subsection

7.54.090 C.(1)(b) to determine area median income by zip code area.

7.54.100 Technical Assistance to the Finance Department.

The Department of Public Works, the Department of Building Inspection, the Rent Board, and the Assessor-Recorder’s Office shall provide technical assistance to the Finance Department, upon the Finance Department’s request, to administer the Empty Homes Tax.

7.54.110 Authorization and Limitation on Issuance of Bonds.

The City is hereby authorized to issue from time to time limited tax bonds or other forms of indebtedness to finance the costs of the projects described in Section 7.54.090. The City shall be authorized to pledge revenues generated by the Empty Homes Tax to the

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7 repayment of limited tax bonds or other forms of indebtedness authorized under this Section. The Council shall by ordinance or resolution, as applicable, establish the terms of any limited tax bonds or other forms of indebtedness authorized hereby, including but not limited to, the amount of the issue, date, covenants, denominations, interest rate or rates, maturity or maturities, redemption rights, tax status, manner of sale, and such other particulars as are necessary or desirable.

7.54.120 Amendment of Ordinance.

The Council may amend this ordinance in any manner by two-thirds vote, including reducing any applicable tax rates or adding or modifying exemptions that does not result in an increase in the tax imposed herein without further voter approval except as limited by Articles XIII A and XIII C of the California Constitution. If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the tax imposed herein.

7.54.130 Severability.

Severability. If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The People of the City of Berkeley hereby declare that they would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

7.54.140 Savings Clause.

No section, clause, part, or provision of this Chapter shall be construed as requiring the payment of any tax that would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California.

Section 2. Increase Appropriations Limit. Pursuant to California Constitution Article XIII B and applicable laws, for four years from November 8, 2022, the appropriations limit for the City shall be increased by the aggregate sum collected by the levy of the tax imposed under this ordinance.

Section 3. California Environmental Quality Act Requirements. This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.

Section 4. Special Tax; Two Thirds Vote Requirement. This Ordinance imposes a

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8 Special tax for special revenue purposes and shall be effective only if approved by a majority of the voters voting thereon.

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Kate Harrison
Councilmember District 4

ACTION CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison (Author), Councilmember Bartlett (Co-Sponsor) Subject: Budget Referral and Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Program with Pre- Qualified Contractors Meeting Minimum Labor Standards to Assist New Property Owners, Renters and Existing Property Owners with Transition to Zero-Carbon Buildings

RECOMMENDATION

1. Adopt a Resolution establishing:
a. a referral to Office of Energy and Sustainable Development (OESD) staff to design and launch a two-year Pilot Existing Building Electrification Installation Incentives and “Just Transition” Program, using pre-qualified contractors meeting minimum labor standards to assist new property owners, renters and existing property owners with transition to zero-carbon plumbing, HVAC, cooking, and related electrical systems, with a preference first for assisting existing affordable housing buildings and assisting households at or below 120% of the Area Median Income; and
b. an annual process for the Energy (or successor) Commission and the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee (FITES), in consultation with community and labor groups, to provide input to staff and Council about eligible categories of fund
expenditures to maximize equitable emissi
ons reductions and impacts for
eligible households while leaving the mechanisms for doing so to staff discretion.

2. Send copies of the Resolution and letters to members of the California Public Utilities and Energy Commissions, Governor Newsom, State Senator Skinner, and Assemblymember Wicks conveying urgent support for a statewide approach to rapidly contract the natural gas distribution system in a way that is safe, economical for remaining customers, and that provides a just transition for affected workers, including gas utility and extraction workers.

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Budget Referral and Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and “Just Transition” Program with Pre-Qualified Contractors Meeting Minimum Labor Standards to Assist New Property Owners, Renters and Existing Property Owners with Transition to Zero-Carbon Buildings

ACTION CALENDAR
June 14, 2022
2 POLICY COMMITTEE RECOMMENDATION
On November 3, 2021, the Budget & Finance Committee adopted the following action:

Action: 15 speakers. M/S/C (Arreguín/Harrison) to send the item to Council with a qualified positive recommendation including the following amendment:

Recommendation 2. That part of the recommended funding source is American Rescue Plan dollars and;
Recommendation 1a. Modifying the end of the last sentence to “with a preference first for affordable housing projects and assisting households at or below 120% the area median income.”
Vote: Ayes – Harrison, Arreguín; Noes – None; Abstain – Droste; Absent - None.

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The world is facing a grave climate emergency, requiring municipalities to rapidly transition towards zero carbon economy by 2030. Transitioning Berkeley’s economy will require significant investment on the part of both government and residents. It is in the public interest to establish a direct install financial incentive and “just transition” program using pre-qualified contractors meeting minimum labor standards to assist new property owners, renters and existing property owners with the transition to zero-carbon buildings. This item establishes the general scope of a two-year Existing Building Electrification Incentive Program Pilot and refers to staff to design an equitable program with $1,500,000 for FY22, inclusive of staffing costs, and contingent on the availability of excess equity, from the General Fund. It also asks the Energy (or successor) Commission and FITES Committee, in consultation with community groups, to provide input to staff and Council on at least an annual basis about categories of fund expenditures that would provide the most benefit for lower-income households, maximize equitable emissions reduction impacts, and support residential construction contractors who will reliably perform high-quality work and provide high-road careers for workers. The establishment of this program is consistent with staff and Council goals and budgetary priorities.

BACKGROUND
According to the best available science, a 50% reduction in emissions must happen worldwide by 2030 or earlier in order to delay extremely catastrophic warming. To meet the U.N.’s global 2050 target to keep emissions as close as possible to 1.5 degrees Celsius, wealthy nations and cities must approach zero by 2030.1 1 IPCC, 2018: Summary for Policymakers. In: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner,

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ACTION CALENDAR
June 14, 2022
3 As a result of the scientific and economic realities of climate change, and despite the people of Berkeley’s average relative wealth, it is not realistic to expect the owners and renters of the city’s approximately 46,000 residential housing units to electrify their buildings in a decade without significant government co-investment. Low-carbon technology can often be out of reach of many lower-income households and, without direct assistance, many will be left behind. Transitioning Berkeley’s economy will require significant investment on the part of both residents and the government. Following Berkeley’s 2019 landmark prohibition on natural gas infrastructure, staff have released a Draft Berkeley Existing Buildings Electrification Strategy that is currently unfunded.

Although the City recently invested $600,000 to seed the Climate Equity Action Fund, the funding is extremely limited and may not be enough for certain electrification retrofit projects.

Additional investments would significantly lower Berkeley’s carbon emissions, at least 37% of which are from buildings, and provide residents with a plethora of health and safety benefits that will likely outweigh upfront costs. The program can be crafted in a way that supports good paying jobs, for example including unionized contractors, workforce development and local hire requirements. The transition to a zero-carbon city thus has the potential to uplift both workers and residents.

Existing Buildings Electrification Strategy
In January 2021, the City’s Office of Energy and Sustainable Development reported to the Energy Commission that the cost of electrifying the City’s entire low-rise building stock (approximately 36,000 units, or 90% of all Berkeley buildings and 65% of floor area) would be between $700 and $880 million. An additional $120 million is needed for efficiency improvements and solar.

D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Péan, R. Pidcock, S. Connors, J.B.R.

Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)].

World Meteorological Organization, Geneva, Switzerland, 32 pp. https://www.ipcc.ch/sr15/chapter/spm/.

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ACTION CALENDAR
June 14, 2022
4 Cleary, this relatively modest pilot program paired with the Climate Equity Action Fund would only make a small dent in the City’s retrofit challenge, perhaps facilitating 400- 500 retrofits per year. However, the success of this pilot program will likely spur the Council and residents to seek additional federal, state and local funds to expand the program in subsequent years. The expertise and lessons learned through this pilot will help guide future efforts aimed at closing the 46,000 gas-powered residential unit challenge.

Since 2018, the Council has explored opportunities to increase public investment in building electrification retrofits. Councilmember Harrison’s November 27, 2018 referral, following the passage of the Climate Emergency Declaration, requested that the City Manager draft an ordinance expanding eligibility for the existing Seismic Transfer Tax Rebate Program to include electrification and other resiliency measures. Staff

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ACTION CALENDAR
June 14, 2022
5 subsequently presented the draft ordinance to Council in July of 2020 at the outset of the COVID-19 pandemic with a recommendation to take no action for a year due to COVID-19-related fiscal uncertainty, and the item was held over at the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee (FITES).

At the same time, staff also presented to FITES a related referral to design a companion Resilient Homes Equity Pilot Program that would provide funding for home retrofit improvements to low-income residents. FITES and Council agreed to move the Resilient Homes Equity Pilot Program design and research process forward in November, 2020. The program remains underfunded.

In early 2021, Councilmember Harrison’s office and the FITES Committee worked with City staff to explore opportunities to fund retrofits through general fund transfer tax revenues and establishing a cap on total and per beneficiary allocations. In working with the City Manager, Councilmember Harrison concluded that while the existing transfer tax rebate system is a good vehicle for allocating at point of sale, it does not necessarily provide funding for existing property owners who may need to replace a broken appliance or who want to make voluntary retrofits. A better vehicle is a two-year direct install pilot; this requires fewer staff resources to administer and builds on significant staff experience and expertise administering incentive programs.

This item is a companion to the Seismic Transfer Tax Rebate model in the form of a budget referral and resolution establishing two-year pilot incentive program funded via general fund allocations, which are currently partially funded by transfer tax revenue.

Existing Building Electrification Direct Install Incentive and Just Transition Program Pilot
This item proposes a direct install incentive and Just Transition pilot program that is consistent with recent workforce-focused building decarbonization developments initiatives at the state, regional and local levels that benefit labor, minimize cost, and maximize climate benefits.

On February 22, 2021 the California Workforce Development Board announced a $8.9 million grant as part of the High Road Training Partnership (HRTP) for “sector-based workforce development projects in several industries and areas that are critical to the state’s strategy for a just recovery from the COVID-19 pandemic and economic crisis while addressing climate change and community resilience.”2 According to the 2 California Workforce Development Board, “CWDB Announces Grants to Invest in Building Back Better with Equity, Climate and Jobs, February 22, 2021, https://cwdb.ca.gov/wp- content/uploads/sites/43/2021/03/CWDB-PressRelease-HRTP-Open-FINAL-021821_ACCESSIBLE.pdf

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ACTION CALENDAR
June 14, 2022
6 California Workforce Development Board, “high road” employers include those firms “that compete based on quality of product and service achieved through innovation and investment in human capital, and can thus generate family-supporting jobs where workers have agency and voice.”3
Bay Area-based Rising Sun Center for Opportunity received $600,000 from the grant to launch a “High Road to Residential Building Decarbonization” project to convene more than 20 Bay Area cities, government agencies, unions, employers, and advisors.4 The City of Berkeley along with the Construction Trades Workforce Initiative (CTWI), the non-profit arm of the Building & Construction Trades Councils of Alameda and Contra Costa Counties, were invited to participate in ongoing discussions about ensuring equitable access to high-road jobs in the building decarbonization industry.

To date, these and other ongoing collaborative efforts have been extremely productive—in May 2021 CTWI and the Alameda County Building Trades Council provided helpful feedback and recommendations to the City’s OESD staff regarding the City’s Existing Buildings Electrification Strategy. However, the state grant did not include funding to do the physical work of electrification retrofits. Significantly, CTWI and Trades Council committed to:
“…supporting the City of Berkeley in its goals of reducing greenhouse gas emissions while ensuring that people who live and work in Berkeley—especially those from historically disadvantaged populations—have access to high-road, family-sustaining careers in union construction associated with existing building electrification and decarbonization.”5 In addition, their key recommendations to the City of Berkeley’s building electrification strategy include:

1. Address decarbonization overall—building electrification as well as energy efficiency measures—when planning strategies for a “Just Transition” in consultation with all crafts affected, including but not limited to Sheet Metal, Electricians, Carpenters, Plumbers and Pipefitters.

2. Create programs and identify funding sources to incentivize Berkeley property owners to replace, upgrade and install systems that will achieve energy efficiency goals.
3 California Workforce Development Board, “High Road Training Partnerships,” Rising Sun Center for Opportunity, “Rising Sun Convenes Partnership to Promote Equitable Job Access in the Bay Area’s Post- Carbon Economy,” March 29, 2021, https://cwdb.ca.gov/initiatives/high-road-training-partnerships/. 4 https://risingsunopp.org/wp-content/uploads/Rising-Sun-HRTP-Press-Release.pdf. 5 CTWI Policy Recommendations City of Berkeley Existing Buildings Electrification Strategy.

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ACTION CALENDAR
June 14, 2022
7 3. Require the use of pre-qualified residential construction contractors who will reliably perform high-quality work and provide high-road careers for workers.

4. Link disadvantaged Berkeley residents to training programs that prepare them to enter and succeed in union construction careers by working with and budgeting for ongoing City funding for local Multi-Craft Core Curriculum (MC3) workforce partners, school districts/community colleges and CBOs to develop and sustain a long-term pipeline of work in the residential building retrofit market that carries high-road labor standards.

5. Develop public education campaigns and resources to promote new City programs and the benefits of energy efficient systems and appliances; provide information on systems and requirements; and link property owners to a list of pre-qualified contractors.

Since this item was deferred to the November AAO following the June 2021 budget process, Councilmember Harrison’s office has engaged with the CTWI and the Trades to expand the item to incorporate specific recommendations to further refine the proposed incentive program and to enhance benefits to workers and residents.

This Budget Referral and Resolution now support each of the above CTWI and Trades recommendations.

With respect to recommendations 1-3, the $1.5 million budget allocation would create a “direct install” incentive program. Direct install programs eliminate the need for households to find and manage their own contractors, and therefore can achieve significant cost savings. They also equitably eliminate or reduce the amount of upfront money needed by property owners to conduct retrofits, and eliminate the need to retroactively apply or wait for rebates (e.g., at tax time etc.). For example, the Sacramento Municipal Utility District (SMUD) recently reported the following significant advantages of direct install strategies to the California Energy Commission:
“SMUD has achieved significant societal cost savings by using direct installation in low-income single-family homes. For example, SMUD’s average low-income direct installation cost for a heat pump water heater is $2,200 whereas for our market rate program, in which SMUD incentivizes $2,500 and the customer is responsible for hiring a contractor, the average total cost is close to $3,800. The cost savings may be even greater if the direct-install contractor is able to go door-to- door and convert multiple adjacent homes. Direct installation has only been used for low-income programs to date but could be equally beneficial when applied to any home or neighborhood.

While labor costs associated with direct installation can be greater given prevailing wage

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ACTION CALENDAR
June 14, 2022
8 considerations, direct installation can nevertheless be cost-competitive for the utility in sufficient volume.” 6
Further, OESD’s draft electrification strategy recommends direct install programs because they streamline permitting and lower barriers to residents:
“One of the major hurdles many community members face is lack of knowledge regarding incentives and rebates for electric equipment. When an appliance like a hot water heater breaks, there is rarely time to conduct extensive research on the programs available. This action would tie these resources directly to the permit for the appliance. When a permit is pulled for a heat pump hot water heater, that incentive would be given directly to the installer. This would lower the upfront costs for consumers and further incentivize electrification. Furthermore, this action would help remove the procedural inequities currently experienced by marginalized communities who may not have the time to conduct research or resources to pay the full price of the equipment while they wait for rebates to arrive.”7
Such a direct install program could also include energy efficiency upgrades if paired with utility-based and regional incentives for insulation and other building envelope improvement programs potentially employing the labor of additional trades.

Importantly for workers, the direct install program would incorporate pre-qualified contractors meeting minimum quality and labor standards, similar to the City’s existing project labor agreements. The City would also achieve economies of scale on permitting and inspection processes and ensure workers are properly trained and licensed/certified. Staff should consider the following pre-qualification requirements:

1. Certification that the contractor is in compliance with all applicable licensing, bonding, and insurance requirements;

2. Certification that the Contractor participates in, makes training fund contributions to, and sponsors apprenticeships from a state-approved apprenticeship program that partners with an MC3 pre-apprenticeship program;

3. Certification that the contractor provides family health benefits and pension benefits to its workers;

4. Certification that the contractor has not been convicted of, fined, or penalized for any violation of wage, labor, safety, or building standard requirements within the last five years;
6 Sacramento Municipal Utility District, “SMUD Comments on Building Decarbonization and Energy Efficiency,” 21-IEPR-06 and Building Decarbonization, July 27, 2021, https://efiling.energy.ca.gov/GetDocument.aspx?tn=239016&DocumentContentId=72448 7 OESD, Draft Existing Buildings Electrification Strategy, April, 2021, https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _Energy_and_Sustainable_Development/Draft_Berkeley_Existing_Bldg_Electrification_Strategy_202104

15.pdf

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ACTION CALENDAR
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9 5. Certification that no surety firm has had to complete a contract or pay for completion of a contract on behalf of the contractor or subcontractor within the last five years;

6. Certification that the contractor has not had any licenses revoked within the past five years;

7. Certification that the contractor is not ineligible to bid, be awarded or subcontract on a public works project pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7;

8. Certification that the contractor has not been cited for any serious, willful or repeat OSHA violations within the last five years as defined under Title 8 of the California Code of Regulations.

9. Certification that the contractor has a Better Business Bureau rating of “B” or higher.

With respect to recommendation 4, the Resolution also refers to staff to design the program in consultation with labor partners to facilitate apprenticeship opportunities for Berkeley residents, including historically disadvantaged populations. The program would be integrated into the City’s website and existing communications channels pursuant to recommendation 5.

The item also supports the concept of “just transition” off fossil fuels and towards a zero- carbon economy. According to a report by the Climate Equity Network, a just transition includes moving away from fossil fuels “in a manner that protects workers and communities economically dependent on the fossil fuel industry” and involves “those who have historically been excluded from the jobs and economic benefits of the extractive economy and expand the populations who have access to future jobs and economic opportunities.”8
While the City of Berkeley and Alameda County are not known for their petroleum extraction industries, the Alameda County Building Trades include Pipefitters, who stand to lose natural gas infrastructure installation and maintenance jobs over time as part of the City’s implementation of the natural gas prohibition (BMC 12.80) ordinance and other electrification initiatives. A 2019 UCLA Luskin Institute study found that 3,100- 3,600 jobs statewide could be lost as a result of new construction electrification policies alone. Meanwhile, the study estimated a statewide increase of 64,232-104,060 building electrification jobs, including retrofits.9 By partnering with organized labor through this 8 The Climate Equity Network, “A Roadmap to an Equitable Low-carbon Future: Four Pillars for a Just Transition, April, 2019,
https://dornsife.usc.edu/assets/sites/242/docs/Just_Transition_Final_Report_2019.pdf 9 UCLA Luskin Center, “California Building Decarbonization: Workforce Needs and Recommendations,” November, 2019, https://innovation.luskin.ucla.edu/wp-
content/uploads/2019/11/California_Building_Decarbonization.pdf.

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ACTION CALENDAR
June 14, 2022
10 pilot program, the City can help support impacted workers new work opportunities and workforce development opportunities, including the electrification of existing buildings.

At the same time, the City acknowledges that absent state leadership and a statewide just transition framework, electrification can adversely impact the livelihoods of gas utility infrastructure and extraction workers and low-income gas customers. Therefore, this item sends copies of the Resolution and letters to members of the California Public Utilities and Energy Commissions, Governor Newsom, State Senator Skinner, and Assemblymember Wicks conveying urgent support for a statewide approach to rapidly contract the natural gas distribution system in a way that is safe, economical for remaining customers, and that provides a just transition for affected workers, including gas utility and extraction workers.

In addition, this item supports expanding opportunities to historically excluded populations in Berkeley through labor apprenticeship programs that recruit directly from impacted populations. It also would provide electrification benefits to lower and moderate-income residents with a preference for those at or below 120% of the Area Median Income.

Budgetary Opportunities
Many economic and public health indicators suggest that the City is entering a more optimistic phase in the pandemic, to include the influx of substantial–but temporary– federal stimulus monies through the 2021 American Rescue Plan Act and the anticipation of a fairly rapid rebound in revenues to pre-pandemic levels. Transfer tax revenues for FY21 are estimated at $20 million (compared with $20 million in FY 19) and the city expects to receive a one-time two-year allocation of approximately $66 million from the 2021 American Rescue Plan Act.

As a result, it is in the public interest to revisit the July 2020 item to see how the City can best move forward with providing residents with critical greenhouse gas reduction incentives in order to address our larger and longer-term crisis: climate change.

According to recent 2020 transfer tax data from OESD, on average between 2014-2019, 845 residential units were transferred per year, generating approximately an average of $4.6 million total per year in eligible rebates for the Seismic Transfer Tax Program. The city has approximately 46,000 occupied housing units, with the vast majority being gas- powered.

Currently, the Council approved amount in transfer tax revenues is allocated to the General Fund (as in the past, at $12.5 million) and some portion is typically set aside for capital projects (generally at $2 million). For the first year of this pilot program this item

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ACTION CALENDAR
June 14, 2022
11 proposes to allocate a total of $1.5 million in excess Transfer Tax equity which would be inclusive of staff’s administrative costs.10 On adoption of this proposal, total transfer tax expenditures would amount to approximately $17 million, including the $12.5 million typically allocated to the General Fund programs and the $2 million to capital programs.

While the program will ultimately be designed by OESD staff through administrative regulation, this item also includes a resolution officially establishing the program and providing general parameters for how staff should allocate the proposed $1.5 million retrofit fund. This program and the $1.5 million allocation were originally included as a line item in the Planning & Development Department’s Fiscal Year 2022 proposed budget.

New property owners are most likely to remodel their units shortly completing the purchase. Thus, the Draft Berkeley Existing Buildings Electrification Strategy recommends allocating some portion of the fund for transferees of residential properties within two years of point of sale. The City is also exploring opportunities to adopt certain mandatory electrification requirements for transferees of new buildings through its BESO program.

Equitably supporting existing property owners and renters whose appliances, e.g., their water heater, break down suddenly, and those who wish to embark upon voluntary electrification projects to include new appliances, electrical work (e.g., panel upgrades) are also elements of the Building Electrification strategy. This part of the program would be similar to Marin County’s Electrify Marin program which provides residents with income-qualified incentives for building electrification and panel upgrades. Since 2019, Marin has disbursed over $100,000 in rebates.

Electrify Marin
10 This amount would be in addition to the separate $600,000 Climate Equity Action incentive fund proposed by Councilmember Harrison, Mayor Arreguín, and Councilmembers Taplin and Robinson.

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ACTION CALENDAR
June 14, 2022
12 These incentives would be paired with rebates available through BayRen and EBCE, which are helpful but fall far short of the actual cost. For example, BayRen and EBCE offer $2,000 for water heaters, which typically cost approximately $5,000-$10,000 when one includes the cost of potential electrical and panel upgrades. Berkeley’s incentive program is also needed to pay for space heating electrification, and needed panel and other electrical upgrades for which there are currently no incentives. Electrical, panel and space heating upgrades are typically the most expensive part of any electrification project.

Staff have indicated that they believe an additional incentive of approximately $2,500 per property owner would be significant to persuade many property owners to electrify.

Alternatives Considered
FITES discussed whether to expand this program beyond building electrification to include fire safety and resilience upgrades. However, at this time, fire programs have separate revenue sources and greenhouse gas reduction is a top priority given the need to reduce emissions to near zero by 2030 per the 2018 IPCC report. For example, fire safety measures have received generous support from the voters through Measure FF, whereas climate is still severely underfunded. In addition, global warming is one of the chief causes of increased fire threats.

FINANCIAL IMPLICATIONS
This item would result in a one-time investment of $1,500,000 from excess equity to provide initial funding for a two-year Existing Building Electrification Incentive Program Pilot to assist property owners and renters with the transition to a zero-carbon economy.

This investment includes staff costs to run the program and to provide support for implementation of the Berkeley Existing Building Electrification Strategy (BEBES): a temporary 2-year FTE, estimated at $200,000 per year, for a total of $400,000.

ENVIRONMENTAL SUSTAINABILITY
Supporting incentives for building decarbonization will complement and accelerate Berkeley’s ongoing efforts to reduce carbon emissions at an emergency and equitable pace in line with the Climate Action Plan, Climate Emergency Declaration, and Existing Building Electrification Strategy.

CONTACT PERSON
Councilmember Kate Harrison, Council District 4, 510-981-7140

ATTACHMENTS

1. Resolution

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

RESOLUTION ESTABLISHING A PILOT EXISTING BUILDING ELECTRIFICATION

INSTALLATION INCENTIVES AND JUST TRANSITION PILOT PROGRAM WHEREAS, the world is facing a grave climate emergency, requiring municipalities to rapidly and justly transition towards a zero-carbon economy by 2030; and WHEREAS, transitioning Berkeley’s economy will require significant investment on the part of both government and residents as converting Berkeley’s approximately 46,000 residential housing units will likely cost hundreds of millions of dollars; and WHEREAS, low-carbon technology and infrastructure can often be out of reach for many households and, without direct assistance, many will be left behind; and WHEREAS, moderate and lower-income communities are most impacted by global climate change and have the least financial ability to address it; and WHEREAS, the City’s Draft Existing Building Electrification Strategy cites the importance of ensuring equity in access to carbon-free technology; and WHEREAS, by partnering with labor, the City of Berkeley can cost-effectively meet its goals of reducing greenhouse gas emissions while supporting elements of a just transition ensuring that people who live and work in Berkeley—especially those from historically disadvantaged populations—have access to high-road, family-sustaining careers in union construction associated with existing building electrification; and WHEREAS, the program would help support Pipefitters and other tradespeople who may be acutely impacted by Berkeley’s building electrification policies; and WHEREAS, direct install programs using pre-qualified contractors meeting quality and labor standards eliminate the need for households to find and manage their own contractors, and therefore can achieve significant cost savings and socioeconomic benefits; and
WHEREAS, it is in the public interest to establish a two-year Existing Building Electrification Direct Install and Just Transition Incentive Program to assist residents with transitioning from a carbon-based city; and
WHEREAS, in adopting this building electrification Pilot Program, the City of Berkeley simultaneously supports local and statewide electrification at an emergency pace (2030) and continued safe, affordable, and reliable natural gas service for Berkeley and California customers who remain on gas service in the interim; and WHEREAS, despite offering opportunities for certain trades, absent state leadership and a statewide just transition framework, electrification can adversely impact the livelihoods of gas utility infrastructure and extraction workers and low-income gas customers; and

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WHEREAS, the City of Berkeley urges the State of California, through the California Public Utilities Commission and the California Energy Commission, to adopt a statewide approach to contract the natural gas distribution system in safe and economical way that provides a just transition for gas utility and extraction workers.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager establish an Existing Building Electrification Installation Incentives and Just Transition Program to invest in zero-carbon plumbing, HVAC, cooking, and related electrical system retrofits as follows, to be further defined by staff:

1. a preference first for assisting existing affordable housing buildings and assisting households at or below 120% of the Area Median Income such as:
a. transferees of residential property to include appliance retrofits and electrical upgrades as appropriate;
b. existing residential property owners and renters, especially tenants in income-restricted units, pursuing electrification retrofits or replacing broken or outdated appliances, to include electrical upgrades as appropriate.

2. a nexus with high-road jobs, including:
a. use of pre-qualified residential construction contractors to reliably perform high-quality work and provide high-road careers that meet minimum labor standards;
b. leveraging other local, regional, state or federal climate or energy efficiency incentives, such as building efficiency, to maximize climate benefits and to include other crafts, including but not limited to Sheet Metal, Electricians, Carpenters, Plumbers and Pipefitters; c. linking Berkeley residents who are disadvantaged or disproportionately impacted by climate and environmental injustices to training programs (including apprenticeships) that prepare them to enter and succeed in union construction careers by working with local Multi-Craft Core Curriculum (MC3) workforce partners, school districts/community colleges and CBOs to develop and sustain a long-term pipeline of work in the residential building retrofit market with high-road labor standards.

BE IT FURTHER RESOLVED that the Berkeley Energy Commission, or successor, and the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee, in consultation with community groups, provide input to staff and Council on at least an annual basis about eligible categories of fund expenditures to maximize equitable emissions reductions and impacts for eligible households.

BE IT FURTHER RESOLVED that any unexpended funds shall carry over from year to year consistent with the biannual budget process.

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BE IT FURTHER AND FINALLY RESOLVED that copies of this Resolution and letters will be sent to members of the California Public Utilities and Energy Commissions, Governor Newsom, State Senator Skinner, and Assemblymember Wicks.

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California Public Utilities Commission
San Francisco Headquarters
505 Van Ness Avenue
San Francisco, CA 94102
Re: Urgent Need for Statewide Just Transition for Gas Utility and Extraction Workers and Berkeley’s Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Pilot Program Dear Honorable Commissioners:

As the Berkeley City Council adopts and implements policies phasing out natural gas from new buildings and incentivizing electrification in existing buildings occupied by lower-income residents, it writes to convey its urgent support for a statewide approach to contract the natural gas distribution system in a safe, economical for remaining customers, and that provides a just transition for affected workers, including gas utility and extraction workers.

The world is facing a grave climate emergency, with the latest science warning that California and municipalities must rapidly and justly transition towards a zero-carbon economy by 2030. California’s existing decarbonization policies such as executive order B-55-18 and AB-3232 operate within a 2045 timeline, and are therefore dangerously out of sync with the latest science. It is therefore critical that the Commission and state leaders consider moving up these timelines while also providing funding and plans to facilitate a timely transition that supports all affected workers.

Despite the issuance of critical grants through the California Labor and Workforce Development Agency to support ongoing discussions between labor and municipalities with regard to electrification and other ongoing state-led initiatives, California currently lacks robust plans, funding, and just transition frameworks for workers who are directly impacted by electrification policies. These issues are directly within the jurisdiction of the California Public Utilities and California Energy Commissions.

As a municipality, the City of Berkeley is in the process of decarbonizing its building stock and supporting just transition elements for affected trades as feasible, but is ultimately limited in its ability to adequately support all affected workers, including gas utility and extraction workers. Berkeley looks to the State for its leadership on this critical issue.

For example, the City of Berkeley is in the process of implementing an Existing Building Electrification Strategy and a $1.5 million two-year pilot program to incentivize direct install electrification projects in lower-income households using minimum labor standards and prequalified contractors. In adopting this pilot, the City simultaneously supports local and statewide electrification at an emergency pace (2030) and continued safe and reliable natural gas service for Berkeley and California customers who remain

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on gas service in the interim. While this pilot program has the potential to benefit and support many regional tradespeople who may be acutely impacted by Berkeley’s building electrification policies, without state leadership gas utility and extraction workers may be adversely impacted over time.

To this end, Berkeley believes that the State must quickly adopt statewide policies supporting gas utility workers and interim gas ratepayers, including but not limited to:
 establishing programs to retain highly skilled gas utility workers through the transition period;
 incentivizing senior workers to retire at the right time and retrain junior workers;  establishing a fund for gas worker retention and transition including bridges to retirement for older workers with wage replacement, retraining, and job placement assistance for younger workers;
 targeting subsidies and direct install electrification programs for vulnerable, historically disadvantaged, and low-income gas ratepayers;  adopting policies that stabilize utility bills for customers who remain on gas service in the interim;
 engaging stakeholders such as ratepayer advocates, labor, the utilities, and other experts in long-term planning to rapidly decommission and contract the natural gas distribution system in California with an emphasis for including all remaining gas customers, especially those low-income and disadvantaged gas customers.

Thank you for your consideration and leadership on this important issue.

Sincerely,
The Berkeley City Council
CC:

Governor Gavin Newsom
Senator Nancy Skinner
Assemblymember Buffy Wicks

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California Energy Commission
715 P Street
Sacramento, CA 95814
Re: Urgent Need for Statewide Just Transition for Gas Utility and Extraction Workers and Berkeley’s Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Pilot Program Dear Honorable Commissioners:

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support many regional tradespeople who may be acutely impacted by Berkeley’s building electrification policies, without state leadership gas utility and extraction workers may be adversely impacted over time.

Thank you for your consideration and leadership on this important issue.

Sincerely,
The Berkeley City Council
CC:

Governor Gavin Newsom
Senator Nancy Skinner
Assemblymember Buffy Wicks

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

INFORMATION CALENDAR
June 15, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: City Council Short Term Referral Process – Quarterly Update

INTRODUCTION
This report is a quarterly update on the status of short term (90-day) and other date- certain Council referrals.

CURRENT SITUATION AND ITS EFFECTS
In this context, tracking refers to a manually updated chart (Attachment 1). The May 15, 2018 Council referral establishing the monthly update includes both “short term” and “date-certain” referrals. Short term referrals are referrals that staff determines they will be able to complete in approximately three months. Date-certain referrals are those which contain a specified date of completion at the time they are approved by the City Council. Currently, the City only tracks short term referrals in an Excel spreadsheet.

The January 21, 2020 Council consent item changed the reporting frequency from monthly to quarterly. Providing a quarterly update on all short term and date-certain referrals will allow Council and the public to see the status of these referrals and any circumstances which lead to delays.

BACKGROUND
In 2016, the City Council adopted a system of Re-Weighted Range Voting (RRV) to prioritize the outstanding City Council referrals to staff. The RRV system enables City Council to provide direction to staff on which referrals are highest priority to the City Council. However, that process does not provide information on the status of short term or date-certain referrals. While many short term or date-certain referrals were “updated” through being completed and presented to Council as consent or information items, there was no comprehensive overview of this subset of referrals.

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

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City Council Short Term Referral Process – Quarterly Update INFORMATION CALENDAR June 15, 2022

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POSSIBLE FUTURE ACTION
The City Council may wish to direct staff to evaluate this process after it has been in place six months.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
No direct fiscal impact. Greater efficiencies in staff resources due to prioritization of work and alignment with budget and strategic plan goals.

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:
1: Pending Short Term Referrals
2: Completed Short Term Referrals

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20.40, 23C.25, and Sub-
Titles 23E and 23F
2) direct the Berkeley Public
Health Department to review
the issue of flavored
cannabis products for
combustion or inhalation,
and cannabis products
whose names imply that
they are flavored, and
review any additional
ingredients that may be
hazardous, whether natural
or artificial, including vitamin
E acetate in inhalation
products, and make
recommendations for action.

Councilmembers 2020-07-20 17:00:00 Health, Housing
and Community
Services
Pending 2020-07-20 17:00:00
2020-01-28 12 Cannabis Ordinance
Revisions; Amending
Berkeley Municipal Code
Chapters 12.21, 12.22,

20.40, 23C.25, and Sub-
Titles 23E and 23F
2) analyze the impacts of
artificial flavorings/additives
and advise if any further
regulations are necessary
Councilmembers 2020-07-20 17:00:00 Health, Housing
and Community
Services
Cancelled 2020-07-20 17:00:00
2020-06-16 0 Urgency Item: Safety for
All: The George Floyd
Community Safety Act -
City Attorney and
Manager Analysis of
Contractual and Legal
Barriers to Public Safety
Reform
Direct the City Manager and
City Attorney to analyze
contractual and legal
barriers to public safety
reform including police union
contracts, vendor contracts,
state and federal laws, to
determine barriers to
accountability and
substantive reform. In
addition, direct the City
Manager and City Attorney
to evaluate elements in the
proposed police review
commission charter
amendment, that can be
implemented by the City
Council.

Councilmembers Ben Bartlett,
Jesse Arreguin,
Kate Harrison
2020-06-24 17:00:00 CITY MANAGER'S
OFFICE
On Hold 2020-06-24 17:00:00 2021-06-09 16:10:28 -
Melissa McDonough
(Additional comments)
On hold, pending
Reimagining Public Safety
2021-04-05 11:18:09 -
Melissa McDonough
(Additional comments)
To the greatest extent
possible, this work is
being incorporated into
the reimagining public
safety process and it is
anticipated that any
recommendations that
result will outline any
barriers to
implementation.
2021-01-12 15:42:28 -
Melissa McDonough
(Additional comments)
On hold, pending
Reimagining Police
2020-02-11 2 Cannabis Ordinance
Revisions; Amending
Berkeley Municipal Code
Chapters 12.21, 12.22,

20.40, 23C.25, and Sub-
Titles 23E and 23F
1) determine if the City can
require businesses to post
notices on their website
Councilmembers 2020-02-17 17:00:00 City Attorney Not
Started
2020-02-17 17:00:00
1

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Commission Community
Environmental
Advisory
Commission
2020-12-25 17:00:00 City Attorney Not
Started
2020-12-25 17:00:00
2019-02-19 16 Providing Requested
Direction to the City
Manager and Planning
Department on the
Number of Cannabis
Retail Establishments
and the Creation of an
Equity Program
That the Council provides
requested direction to the
Planning Department on
how to proceed with the
Equity Program
recommended by the
Cannabis Commission in
the October 9, 2018 staff
report; with the following
specifications:

Recommendation of
creating 1 new dispensary
license for equity applicants.

It is envisioned as new
licenses are created, such
as, delivery, manufacturing,
and micro-business, permits
will be reserved for equity
applicants for each new
category.

Councilmembers Ben Bartlett,
Kriss
Worthington,
Cheryl Davila
2021-12-31 12:00:00 PLANNING &

DEVELOPMENT
Not
Started
2021-12-31 12:00:00 2021-06-25 15:24:06 -
James Bondi (Additional
comments)
Project has been de-
prioritized, no staff
resources allocated.

Would require start from
beginning, so status
changed to "Not Started"
2021-01-15 13:24:28 -
James Bondi (Additional
comments)
Equity program on hold
pending additional staff
resources. Planned end
date pushed back,
percent complete reduced
to 25%
2020-04-15 11:32:41 -
James Bondi (Additional
comments)
Planned end date moved
back to Oct 2020, given
delays to public
processes and re-
prioritization due to
COVID response.
2017-07-25 37 Reviewing the GIG Car
Share Pilot Program
Refer to the City Manager
and Transportation
Department a review of the
concerns, emerging
regarding some features of
the recently implemented
GIG Car Share pilot
program, request
adjustments before the two-
year pilot program from
staff.

Council member Linda Maio,
Susan Wengraf
2022-01-03 17:00:00 Public Works Not
Started
2022-01-03 17:00:00
2

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Commission 2019-01-31 17:00:00 City Attorney Work in
Progress
2019-01-31 17:00:00 2019-12-16 10:27:45 -
Christopher Jensen
(Additional comments)
City Attorney's Office is
coordinating with Human
Resources.
2019-09-17 11:24:26 -
Christopher Jensen
(Additional comments)
City Attorney's Office to
coordinate with Human
Resources
2019-03-26 15 Rescinded 2021-10-26
Dynamex Decision
Impact and Compliance
on Minimum Wage
Ordinance and Paid Sick
Leave Ordinance

That the City Council refers
to the City Manager and the
Labor Commission to
ensure the Berkeley
Minimum Wage Ordinance
(MWO) and Paid Sick Leave
Ordinance are interpreted
and enforced in a manner
consistent with the holdings
in Dynamex Operations
West, Inc. v. Superior Court
of Los Angeles (2018) 4
Cal.5th 903.

Councilmembers Ben Bartlett 2019-11-29 17:00:00 City Attorney Work in Progress
2020-01-31 17:00:00 2019-12-16 10:28:22 -
Christopher Jensen
(Additional comments)
City Attorney's Office is
coordinating with Human
Resources.
2019-09-17 10:59:00 -
Christopher Jensen
(Additional comments)
A draft opinion is under
review in the City
Attorney's office.
2019-06-18 08:04:27 -
Melissa McDonough
(Additional comments)
The City Attorney's Office
is drafting a City Attorney
opinion analyzing the
holding in Dynamex
Operations West, Inc. v.

Superior Court of Los
Angeles (2018) 4Cal.5th
903 with respect to the
City's MWO and PSLO.

The completed memo will
be referred to the City
Manager and the Labor
Commission for review by
3

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Pending Short Term Referrals
1st Quarter 2022
Meeting
Date
Agenda
Item
Number
Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-02-11 15 Recommendations
Related to Code
Enforcement and
Receivership Actions
On November 25, 2019, the
Health, Life Enrichment,
Equity & Community
Committee took action to
send an item to Council with
a positive recommendation
that for purposes of
understanding the issues
and identifying potential
changes to the City's codes,
policies, and procedures the
committee recommends the
following:
a. That the City Manager
provide an information
session to the City Council
regarding the various ways
in which code enforcement
issues have been brought to
the attention of the City over
the last 5 years;
b. How various code
enforcement issues at
residential properties are
currently handled;
c. Timeframe and
mechanisms for achieving
code compliance at
residential properties;
d. Any existing assistance
Councilmembers 2020-02-17 17:00:00 CITY MANAGER'S
OFFICE
Work in
Progress
2020-02-17 17:00:00 2022-01-13 13:19:01 -
Melissa McDonough
(Additional comments)
Staff are consulting with
City Attorney's Office
about an appropriate
response to this referral.
2021-10-22 10:06:35 -
Melissa McDonough
(Additional comments)
Staff are consulting with
City Attorney's Office
about an appropriate
response to this referral.
2020-10-21 11:12:01 -
Melissa McDonough
(Additional comments)
The staff assigned to
conduct this work has
been tasked with civil
enforcement of the face
coverings urgency
ordinance.
2020-07-20 10:49:42 -
Melissa McDonough
(Additional comments)
Work on this project was
2019-07-16 9 Referral to the City
Manager to Consider
Amending the Language
of the City's Wireless
Telecommunications
Ordinance and Aesthetic
Guidelines
Request that the City
Manager consider amending
the language of the City's
Wireless
Telecommunications
Ordinance (BMC 23C.17)
and Aesthetic Guidelines
(BMC 16.10 & Aesthetic
Guidelines for PROW
permits) and return to City
Council for adoption as soon
as possible.

Councilmembers Susan
Wengraf, Jesse
Arreguin, Ben
Bartlett, Kate
Harrison
2019-07-22 17:00:00 City Attorney Work in
Progress
2020-02-28 17:00:00 2019-11-27 10:54:30 -
Melissa McDonough
(Additional comments)
The City Attorney's Office,
the City Manager's Office,
Public Works, and Land
Use Planning are in the
process of revising an
internal draft of
administrative guidelines
for implementing BMC

16.10 with respect to
small cell wireless
facilities.
2019-09-17 11:03:27 -
Christopher Jensen
(Additional comments)
The City Manager's Office
and City Attorney's Office
are coordinating with
other departments to
update guidelines and
procedures for wireless
application submittals.
4

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3. Direct the City Manager to
use existing homeless
services funding to develop
and deploy a program to
provide a broad spectrum of
menstrual products,
including but not limited to,
feminine hygiene, pads,
tampons, underwear, and
other related products, both
through the City's outreach
direct services, as well as
through the community
based homeless services
providers. Additionally,
require some elements of
this program be deployed
immediately, with a full
program deployment within
six months.

Councilmembers Cheryl Davila,
Ben Bartlett,
Lori Droste
2020-10-15 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Work in
Progress
2020-10-15 17:00:00
2020-11-10 11 Four Way Stop Signs on
Eighth Street at Carleton
Street and Pardee Street
Refer to the City Manager a
proposal to install stop signs
at the intersections of Eighth
Street and Carleton Street
and Eighth Street and
Pardee Street.

Councilmembers Jesse Arreguin 2020-11-18 17:00:00 Public Works Work in Progress
2020-11-18 17:00:00 2021-10-13 08:49:37 -
Nancy Melendez
(Additional comments)
Needs memo declaring
completion of assessment
2021-06-23 11:41:19 -
Nancy Melendez
(Additional comments)
All way stop evaluated,
and found not warranted
2021-04-15 10:11:39 -
Nancy Melendez
(Additional comments)
Data analysis concluded
that traffic and pedestrian
volumes are far below the
level at which stop signs
may be warranted.
2021-01-14 17:44:32 -
Nancy Melendez
(Additional comments)
Data collection needed for
Stop Warrants is being
scheduled
5

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1. Direct the City Manager
and City Attorney to draft
and submit to the City
Council for consideration an
emergency ordinance to
prohibit the enforcement of
personal liability provisions
in commercial leases and
commercial rental
agreements in the City of
Berkeley for lessees/renters
who have experienced
financial impacts related to
the Covid-19 pandemic.

2. Direct the City Manager to
conduct outreach to all
commercial tenants
regarding any protections
enacted by the City Council,
with a particular focus on
businesses that were
required to stop serving food
or beverages (e.g.,
restaurants, bars); close to
the public (e.g., hair salons,
barbershops, tattoo parlors);
cease operations (e.g.,
gyms, fitness centers); or
sharply limit operations
(e.g., schools, retail shops,
Councilmembers Sophie Hahn,
Susan Wengraf
2020-12-04 17:00:00 City Attorney Work in
Progress
2020-12-04 17:00:00
2020-10-27 21 Convert 62nd Street
between King St, and
Adeline St. into a One-
Way Line that exits in the
direction of Adeline St.

Refer to the City Manager to
convert 62nd Street
between King St. and
Adeline St. into a one-way
lane that exits to Adeline
and blocks motorists from
entering 62nd Street through
Adeline Street.

Councilmembers Ben Bartlett,
Jesse Arreguin
2021-06-23 17:00:00 Public Works Work in
Progress
2021-06-23 17:00:00
6

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Council member Rigel Robinson,
Cheryl Davila,
Sophie Hahn,
Lori Droste
2021-07-02 17:00:00 Human Resources Work in
Progress
2021-07-02 17:00:00 2022-01-18 13:44:05 -
Melissa McDonough
(Additional comments)
The referral will be
formally complete when
the VTO calendar for
FY23 is adopted (i.e., it
will be the first year that
an election VTO appears).
2020-10-21 11:01:23 -
Melissa McDonough
(Additional comments)
Pending draft
Administrative Regulation
to institute as regular
practice and memo to
Council to close out
referral. Implemented
VTO day as Election Day
(Nov 3) for 2020.
2020-04-28 09:58:54 -
Melissa McDonough
(Additional comments)
item went to council and
approved. Delayed due to
COVID-19
2019-11-06 15:47:09 -
2017-07-25 Rescinded 2021-10-26
Public Toilet Policy
Refer to the City Manager to
develop the following
"Neighborhood Public Toilet
Policy": Develop a process
in which residents can
obtain a permit for a
neighborhood public toilet
via an official petition;
Residents should contact
the City via 311 to obtain an
official petition form to apply
for a permit; In order to
obtain the permit, the
petition should be signed by
at least 51% of residential
addresses and business
owners within the nearest
two block radius of the
proposed public toilet site;
The City shall not fund or
contribute to the financing of
the public toilets or their
maintenance.

Council member 2020-12-31 17:00:00 CITY MANAGER'S
OFFICE
Past Due 2020-12-31 17:00:00 2021-10-22 10:04:32 -
Melissa McDonough
(Additional comments)
Staff continue to evaluate
the feasibility of this
referral, given the
challenges of maintaining
public toilets.
2020-07-20 10:51:47 -
Melissa McDonough
(Additional comments)
Response to the referral
has been delayed due to
the COVID-19 pandemic
and its impact on
available staffing to
support the draft policy. In
response to the
pandemic, the City has
placed and maintains
several additional portable
toilets and handwashing
stations throughout the
City.
2019-08-05 09:47:54 -
Melissa McDonough
(Additional comments)
Staff have prepared a
7

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Council member Ben Bartlett,
Sophie Hahn,
Cheryl Davila
2018-07-20 17:00:00 Finance Pending
Not On
Schedule
2018-07-20 17:00:00 2020-04-16 10:57:58 -
Melissa McDonough
(Additional comments)
October 2019 draft
ordinance was sent to
City Attorney for review.

Remaining at 25%
complete
General Services
Manager to commence
follow up with City
Attorney's Office following
COVID-19 event and
Emergency Operations
Center deactivation.
2019-11-25 13:41:42 -
Melissa McDonough
(Additional comments)
Draft ordinance sent to
the City Attorney for
review.
2019-04-02 18 Companion Report:

Effective Enforcement of
Safe Lead-Paint
Practices - Update on
Amendments
Based on the intent of the
recommendation from the
Community Environmental
Advisory Commission
(CEAC) for the City to
expand enforcement of
unsafe lead paint practices,
refer to the City Manager to: -
Coordinate with the
Alameda County Healthy
Homes Program to clearly
identify roles and
responsibilities for
expanding enforcement of
unsafe lead practices, and
to explore options for
sharing resources that can
support expanded local
enforcement; - Identify what
resources, staff capacity,
and program structure would
be required to expand City
enforcement of unsafe lead
practices; - Continue current
work to educate building
permit applicants and
contractors about safe lead
paint practices; train and
certify all City of Berkeley
Building and Housing
Councilmembers 2020-12-31 15:28:36 CITY MANAGER'S
OFFICE
Pending
Not On
Schedule
2020-12-31 15:28:36 2020-04-02 13:24:58 -
Melissa McDonough
(Additional comments)
Multi-department staff
resources are required
and are not available to
address this request right
now.
2019-10-03 13:55:00 -
Melissa McDonough
(Additional comments)
Completed matrix
2019-09-12 08:32:23 -
Melissa McDonough
(Additional comments)
Convened all City
divisions which touch
issue (Public Health,
Environmental Health,
Toxics, Building & Safety,
311). Mapped existing
processes. Preparing
draft consolidation plan.
2019-08-07 15:33:54 -
Melissa McDonough
(Additional comments)
In progress, drafting
8

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Refer to the City Manager
and Transportation
Commission to consider a
pilot program for caregiver
parking permits in RPP
zones in the goBerkeley
Residential Shared Parking
Pilot.

Council member 2020-06-12 17:00:00 Public Works Pending On
Schedule
2020-06-12 17:00:00 2021-10-13 08:42:05 -
Nancy Melendez
(Additional comments)
No change
2021-01-14 17:36:21 -
Nancy Melendez
(Additional comments)
Due to Covid-19 work
remains suspended, and
the new end date is likely
to be 12-31-2021
2020-10-05 09:35:13 -
Nancy Melendez
(Additional comments)
(no change) Due to the
Shelter in Place order and
temporary suspension of
RPP, the schedule for this
project is estimated to be
delayed 6 to 12 months.

The new planned end
date is June 12, 2021
2020-06-30 15:24:51 -
Nancy Melendez
(Additional comments)
Due to the Shelter in
Place order and
9

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Policy for Companies Such as
Airbnb to Pay Transient
Occupancy Tax, as Currently
Paid by Other Small Local
Businesses
Refer to the City Manager creation of a
policy for companies such as Airbnb to pay
the Transient Occupancy Tax, as currently
paid by other small local businesses.

Council
member
City Council
District 7
Kriss
Worthington
2014-10-24 17:00:00 PLANNING &

DEVELOPMENT
Completed 2014-10-27 08:00:00 2016-09-07 00:00:00
2014-12-16 25 Reconcile the West Berkeley
Plan and the Zoning Code as
it Pertains to Medical Uses
Refer to the Planning Commission the task
of revising the current zoning ordinance so
that it reflects the West Berkeley Plan's
goals of encouraging medical uses in West
Berkeley.

Council
member
City Council
District 2
2015-06-12 17:00:00 PLANNING &

DEVELOPMENT
Completed 2015-06-15 08:00:00 2017-01-24 00:00:00
2015-09-15 43 Prohibit Sales of Tobacco
Products to Persons Under
the Age of 21
Direct the City Manager and Community
Health Commission to draft an ordinance
amending Berkeley Municipal Code Chapter

9.80 "Tobacco Retailers" to prohibit the sales
of tobacco products and smoking
paraphernalia to persons under the age of

21. Council
member
Jesse
Arreguin
2015-06-15 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2015-06-15 17:00:00 2015-06-15 17:00:00
2015-09-15 43 Prohibit Sales of Tobacco
Products to Persons Under
the Age of 21
Direct the City Manager and Community
Health Commission to draft an ordinance
amending Berkeley Municipal Code Chapter

9.80 "Tobacco Retailers" to prohibit the sales
of tobacco products and smoking
paraphernalia to persons under the age of

21. Council
member
Jesse
Arreguin
2016-03-11 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2016-03-11 17:00:00 2016-01-26 00:00:00
2015-09-15 55 Referral to the Community
Environmental Advisory
Commission to Install 1.8
GPM Showerheads in All New
Housing Projects or Any
Renovation Over $50,000
Refer to the Community Environmental
Advisory Commission to explore requiring a
maximum of 1.8 GPM low flow showerheads
in new housing projects and all housing
renovations exceeding $50,000 throughout
Berkeley.

Council
member
Kriss
Worthington
2016-03-11 17:00:00 PLANNING &

DEVELOPMENT
Completed 2016-03-14 08:00:00 2016-07-19 00:00:00
2015-11-10 1 Proposed Amendments to the
Minimum Wage Ordinance;
Amending Berkeley Municipal
Code Chapter 13.99
(Continued from September
15, 2015)
Review and consider information regarding
the activities and costs associated with
implementing and enforcing the Commission
on Labor's proposed amendments to the
Minimum Wage Ordinance (MWO),
including the potential impact of the
proposed amendments on the City's
minimum wage employees, employers, non-
profit organizations and community-based
organizations, on-call workers and youth
training program workers, and either:

1. Adopt first reading of an Ordinance
amending Berkeley Municipal Code Chapter

13.99, which includes staff-recommended
revisions to the Commission's proposed
Ordinance;
-OR-

2. Refer the MWO back to the City Manager
for further analysis and revisions.
2016-05-06 17:00:00 CITY MANAGER'S
OFFICE
Completed 2016-05-09 08:00:00 2016-09-01 00:00:00
2015-11-17 30 Fourth Ambulance Pilot
Project 6-Month Update
No recommendation noted. Action: Moved to
Consent Calendar and held over to January
19, 2016. Fire to report back in May 2016 for
permanent program.
2016-05-13 17:00:00 FIRE &

EMERGENCY

SERVICES
Completed 2016-05-16 08:00:00 2018-07-01 00:00:00
2015-12-01 33 City Manager and Planning
Commission’s Referral:

Enable Implementation of
Council Approved Floor Area
Ratio in the Telegraph
Commercial District between
Dwight and Bancroft by
Amending the Zoning
Ordinance
Refer to the City Manager and Planning
Commission an immediate implementation
strategy to bring the City Zoning Ordinance
in compliance with the policy adopted by City
Council to increase Floor Area Ratio (FAR)
in the Telegraph Commercial District
between Dwight and Bancroft
Council
member
City Council
District 7
Kriss
Worthington
2016-05-27 17:00:00 PLANNING &

DEVELOPMENT
Completed 2016-05-30 08:00:00 2016-06-28 00:00:00
1

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Council
member
Kriss
Worthington,
Linda Maio,
Susan
Wengraf, Lori
Droste
2016-05-27 17:00:00 Public Works Completed 2016-05-30 08:00:00 2018-07-24 00:00:00 2019-02-05 16:44:20 - Melissa McDonough (Additional
comments)
6/2018 RFPs received; 2 solar
compactors to be issued
contracts.

Google Translate Bar Information
Technology
Completed 2016-06-01 00:00:00 2016-06-01 00:00:00
2015-12-15 35 Amending Open Government
Ordinance to Allow
Submission of
Revised/Supplemental Items
Refer to the City Manager and City Attorney
to draft an ordinance amending Berkeley
Municipal Code Section 2.06.070.E (Open
Government Ordinance) to allow the
submission of revised or supplemental
agenda material for the Supplemental
Communications Packet 2. The revised or
supplemental material must be submitted no
later than 12 noon the day of the City Council
meeting at which the item is to be
considered. The online version of the City
Council agenda shall also contain a link to
such items. If revised agenda material is
submitted by this deadline, it would not
require a two-thirds vote of the Council to
accept the material.

Council
member
Jesse
Arreguin,
Susan
Wengraf, Lori
Droste
2016-06-10 17:00:00 City Clerk Completed 2016-06-10 17:00:00 2015-12-15 30 Provide Cost Estimates to
Restore the Berkeley Pier
Refer to the City Manager to determine the
cost to make the appropriate repairs so that
it will be safe for public use.

Council
member
City Council
District 2
2016-06-10 17:00:00 CITY MANAGER'S
OFFICE
Completed 2016-06-13 08:00:00 2017-03-14 00:00:00
2015-12-15 54 Referral to City Manager:

Establishment of Affordable
Housing Small Sites Program
Revised Version
Refer to the City Manager to: 1. Look into the
feasibility of creating a Small Sites Program
to allow non-profits to purchase small multi-
family buildings (5-25 units) to create and
preserve affordable housing, with an
emphasis on properties with a high potential
for conversion to cooperative
homeownership. 2. Develop an inventory of
City-owned land and other land owned by
public agencies in the City of Berkeley which
could potentially be used to create below-
market rate housing.

Council
member
Jesse
Arreguin
2016-06-10 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2016-06-13 08:00:00 2016-12-13 00:00:00 2019-02-05 16:47:39 - Melissa McDonough (Additional
comments)
2 is completed. 1 was later
prioritized long term as top
priority of Council's housing
action plan. Plan outline
complete and will bring before
HAC in July 2018.
2016-01-19 24 Tenant Buyout Agreement
Ordinance
Refer to the City Manager and the Rent
Stabilization Board to draft an ordinance
regulating situations where a tenant agrees
to vacate a rent-controlled unit in exchange
for a sum of money, known as a buyout.

Council
member
Jesse
Arreguin
2016-07-15 17:00:00 CITY MANAGER'S
OFFICE
Completed 2016-07-18 08:00:00 2016-03-31 00:00:00
2016-02-09 26 Develop a Provision for the
Landmarks Preservation
Ordinance to Allow for the De-
designation of a Landmark
Designation for a Building that
has been Legally Demolished
(Continued from January 12,
2016)
Refer to the City Manager to develop a
provision for the Landmarks Preservation
Ordinance (LPO) that would allow a
landmark designation to be de-designated
for a building that has been previously
landmarked but subsequently has been
legally demolished.

Council
member
2016-08-05 17:00:00 CITY MANAGER'S
OFFICE
Completed 2016-08-08 08:00:00 2016-05-10 00:00:00
2016-02-09 15 Budget Referral: Including
BigBelly Solar Compactor
Bins Allocation in the 2016
Mid-Year Budget Process
Refer to the 2016 Mid-year budget process
the purchasing of BigBelly Solar Compactor
Bins in order to save money, meet zero
waste goals, and reduce Berkeley's
greenhouse gas emissions.

Council
member
Kriss
Worthington,
Lori Droste
2016-08-05 17:00:00 Public Works Completed 2016-08-08 08:00:00 2018-07-24 00:00:00 2019-02-05 16:51:37 - Melissa McDonough (Additional
comments)
6/2018 RFPs received; 2 solar
compactors to be issued
contracts.
2016-03-15 6 Prioritize Installation of Bicycle
Lane on Fulton Street
Direct the City Manager and Transportation
staff to prioritize and expedite the installation
of a bicycle lane on Fulton Street between
Bancroft Way and Channing Way.

Council
member
Jesse
Arreguin
2016-09-09 17:00:00 Public Works Completed 2016-09-12 08:00:00 2016-05-10 00:00:00 2

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Page 947 ends

Council
member
Kriss
Worthington
2016-09-30 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2016-10-03 08:00:00 2016-07-19 00:00:00
2016-04-26 31 Creation of 311 Mobile
Application
Refer to the City Manager to create a mobile
application for the 311 system and improve
the 311 Online Service Center.

Council
member
Jesse
Arreguin
2016-10-24 08:00:00 Information
Technology
Completed 2016-10-24 08:00:00 2016-11-15 00:00:00
2016-05-10 21 Resolutions Consenting to
Inclusion of the City of
Berkeley Properties in the
California Home Finance
Authority PACE Programs and
Associate Membership in
California Home Finance
Authority
ABAG has a new report and the City Council
has voted twice in favor; thus, the City of
Berkeley should approve and sign an
agreement for collaborative services for
Property Assessed Clean Energy Financing
(PACE) marketplace. Also, that the City of
Berkeley approve and sign
acknowledgement addendum of RCSA, as
executed between ABAG and RPPs.

Council
member
Kriss
Worthington
2016-11-04 17:00:00 City Attorney Completed 2016-11-07 08:00:00 2016-09-20 00:00:00 2016-05-31 20 Requesting a Comprehensive
Report on the State of
Homeless Services within the
City of Berkeley
Request the City Manager direct staff to
prepare a report outlining the details of City
funded homeless services. The purpose of
this report is to help Council and the
community understand the various factors
related to the allocation of resources to
address homelessness within the City. Once
the report is complete, it is requested that
city staff schedule a worksession to go over
the findings.

Council
member
City Council
District 5
2016-11-25 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2016-11-28 08:00:00 2016-11-01 00:00:00
2016-05-31 22 City Manager Referral:

Consider Adding Energy
Efficient Equity as an
Additional Property Assessed
Clean Energy Program
Refer to the City Manager to consider adding
Energy Efficient Equity as an additional
property assessed clean energy program.

Council
member
Kriss
Worthington
2016-11-25 17:00:00 PLANNING &

DEVELOPMENT
Completed 2016-11-28 08:00:00 2016-09-20 00:00:00
2016-06-28 47 City Manager Referral:

Feasibility of Acquiring a High-
Capacity Scanner for Multiple
City Departments
Refer to the City Manager to consider
investing in a high-capacity scanner to
digitize City records for the Council and
multiple City departments.

Council
member
Kriss
Worthington
2016-12-26 08:00:00 Information
Technology
Completed 2016-12-26 08:00:00 2017-12-12 00:00:00
2015-12-15 54 Referral to City Manager:

Council
member
Jesse
Arreguin
2017-01-02 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2017-01-02 17:00:00 2017-01-02 17:00:00
2016-07-12 27 Refer to City Manager to
Consider Applying for
$100,000 from the Better
Together Resilient
Communities Grant Program
That the City Manager consider applying for
the $100,000 grant that PG&E's Better
Together Resilient Communities grant
program will offer in the beginning of 2017.

Council
member
Kriss
Worthington
2017-01-06 17:00:00 PLANNING &

DEVELOPMENT
Completed 2017-01-09 08:00:00 2016-12-31 00:00:00
2016-07-19 41 Companion Report: Amend
Berkeley Municipal Code
Creating Community Health
Commission
Refer to staff to write an ordinance based on
the Community Health Commission (CHC)
recommendation with the changes
suggested by staff.

MAYOR
AND

COUNCIL
2017-01-13 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2017-01-16 08:00:00 2016-11-29 00:00:00
2016-09-20 32 City Manager Referral:

Implementing BigBelly Solar
Compactor Bins
Refer to the City Manager to examine the
feasibility of procuring BigBelly Solar
Compactor Bins to save money, meet zero
waste goals, and reduce Berkeley's
greenhouse gas emissions.

Council
member
Kriss
Worthington,
Lori Droste
2017-03-17 17:00:00 Public Works Completed 2017-03-20 08:00:00 2018-07-24 00:00:00 2019-02-05 17:04:44 - Melissa McDonough (Additional
comments)
6/2018 RFPs received; 2 solar
compactors to be issued
contracts.
3

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Consider the Four
Recommendations Contained
in the Alameda County Grand
Jury Report
(C
ontinued from
July 19, 2016)
Refer to the City Manager to consider the
four recommendations in response to the
Alameda County Grand Jury Report
recommendations.

Council
member
Kriss
Worthington
2017-03-20 08:00:00 Information
Technology
Completed 2017-03-20 08:00:00 2016-10-20 00:00:00
2016-09-20 22 Amending Council Rules
Regarding Removal of
Commissioners

Direct staff to return with a policy
recommendation consistent with the
recommendations in this report, i.e., noting
that as a matter of courtesy and respect,
Councilmembers are expected to set the
date a commissioner is to be replaced on a
commission and communicate that date to
the commissioner not less than two weeks
from the official date of replacement.

Council
member
Commission 2017-03-17 17:00:00 City Clerk Completed 2017-03-20 08:00:00 2018-06-12 00:00:00 2019-02-05 17:02:37 - Melissa McDonough (Additional
comments)
Incorporating changes from City
Council.

Improved Emergency
Notification System
Information
Technology
Completed 2017-04-01 00:00:00 2017-06-05 00:00:00
2016-10-18 26 Revisions to the Public Art in
Private Development
Program
Request the City Manager draft a resolution
to revise the Public Art in Private
Development Program Guide to provide the
Civic Arts Commission guidance and more
flexibility in the use of the Cultural Trust
Fund with the language suggested in the
report.

Council
member
2017-04-14 17:00:00 Office of Economic
Development
Completed 2017-04-17 08:00:00 2016-12-13 00:00:00
2016-10-18 25 Amendments to BMC
23C.23.050 to Allow a Third
Option to Satisfy the Private
Percent for Art Requirements
Request the City Manager draft an ordinance
for Council adoption to revise BMC
23C.23.050, the One-Percent for Public Art
on Private Projects Ordinance, to do the
following: 1. Have 5% of the 1% requirement
go directly to administration of the Public Art
in Private Development program regardless
of how the developer decides to satisfy the
requirement;
Council
member
2017-04-14 17:00:00 Office of Economic
Development
Completed 2017-04-17 08:00:00 2017-01-24 00:00:00
2016-10-18 41 City Plan for Emergency
Shelter During Winter Season
Refer the following actions to the City
Manager to consider in developing a plan for
emergency shelter/services during the
upcoming winter season. These actions will
help implement Resolution No. 67,357-N.S.
"Declaring a Homeless Shelter Crisis in
Berkeley": 1.

Al
low full use of the Multi-
Agency Service Center (MASC) at 1931
Center Street as a Warming Center. Direct
the City Manager to study the feasibility of
using the West Berkeley Senior Center as a
day-time Warming Center or evening
shelter. Engage in discussions with Dorothy
Day House about a day-time respite center.

2. Di
rect staff to develop a winter shelter
services program for Fall 2016-Spring 2017
with funding to increase warming centers
and emergency shelter. 3.

Di
rect staff to
work with service providers and faith-based
organizations who have capacity, to add
shelter beds during the year. 4.

Di
rect that
all bathrooms in City-owned buildings be
available to homeless people for use at the
City Manager's discretion. 5. Prioritize
people on the street for Housing First funds
who are in frail health, disabled, or with
special needs and have a source of income.

Direct the City Manager to create a list of city-
owned properties that could be used for a
Tiny House development for the homeless, a
Council
member
Jesse
Arreguin
2017-04-14 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2017-04-17 08:00:00 2017-06-27 00:00:00
2016-11-01 15 City Manager Referral:

Increasing Transparency in
City Public Record Act
Responses
Approved revised recommendation to
request a report from the City Manager on
how the City is using the permitted
exemptions in compliance with the Public
Records Act.

Council
member
Kriss
Worthington
2017-04-28 17:00:00 City Attorney Completed 2017-05-01 08:00:00 2016-12-13 00:00:00 4

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16.10.100 of the Berkeley Municipal Code to
include Standards for Testing and
Certification of DAS Antennas and return to
the City Council within 60 days.

Council
member
Susan
Wengraf
2017-06-09 17:00:00 City Attorney Completed 2017-06-12 08:00:00 2017-03-28 00:00:00 2017-01-24 37 Berkeley BABIES Initiative Request that the City Manager create a provision and enforcement mechanism to
ensure that all publically-accessible City
buildings install and maintain at least one
baby diaper-changing accommodation that
is accessible in both men and women's
restrooms or a single diaper-changing
accommodation that is accessible to all
genders. In addition, request that the City
Manager provide recommendations to
mandate all businesses to provide changing
stations in either women's and men's
restrooms or gender-neutral restrooms.

Councilme
mbers
2017-07-24 08:00:00 CITY MANAGER'S
OFFICE
Completed 2017-07-24 08:00:00 2017-07-01 00:00:00
2017-01-24 38 Berkeley Mothers Initiative Request that the City Manager ensure that all City buildings provide and maintain at
least one private place reasonably close to
an employee's workspace for breastfeeding
mothers to pump.

Councilme
mbers
Lori Droste 2017-07-21 17:00:00 CITY MANAGER'S
OFFICE
Completed 2017-07-24 08:00:00 2017-07-01 00:00:00
2017-01-31 10 Medical Cannabis Ordinance
Revisions and Cultivation
Application Process
Request that the City Manager provide
Council with analysis of the questions
presented by Councilmember Sophie Hahn.

Council
member
2017-07-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2017-07-31 08:00:00 2017-11-07 00:00:00
2017-02-14 11 Updated Information Report
on Measure M
Request that the City Manager return to the
City Council in April with an Information
Report on Measure M implementation,
expenditures, projected expenses and plans.

Council
member
2017-08-11 17:00:00 Public Works Completed 2017-08-14 08:00:00 2017-05-02 00:00:00 2017-03-28 33 Referral Response: Cigarette
Butt Pollution Prevention
REFER to the City Manager to enact a pilot
program in downtown Berkeley with the goal
of greatly reducing cigarette butt litter that
accumulates on sidewalks and curbsides, in
a central location. This pilot program would:
a) Place a total of four receptacles for
cigarette butt disposal in front of three adult
schools and a bus stop where smoking
behavior continues despite its prohibition.

The receptacles are to be placed in front of:
i. Berkeley City College, 2050 Center Street;
ii. Language Studies International on 2015
Center Street; iii. Kaplan International,
Berkeley, 150 Berkeley Square; and iv. a
selected major bus stop in the vicinity of an
entrance to the Downtown Berkeley BART
station; and b) Exhibit graphics on the
receptacles to remind and inform the public
that tobacco litter is hazardous to the health
of the Bay; and c) Enter into a partnering
agreement with the Downtown Berkeley
Association (DBA) for upkeep of the
receptacles for the duration of the one-year
pilot program, including sending collected
butts to the company for recycling; and d)
TerraCycle® will track the weight of butts
received, and share the data with the City of
Berkeley and CEAC commissioners to help
track and assess the success of the pilot
program; and e) Identify funding sources to
Commissio
n
Community
Environmental
Advisory
Commission
2017-09-22 17:00:00 Office of Economic
Development
Completed 2017-09-25 08:00:00 2017-05-30 00:00:00
5

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Wi
th an increase in
crime, residents are anxious to help the
Berkeley Police Department solve cases and
arrest the perpetrators - amended to include
direction that guidelines protect privacy and
prevent misuse of camera footage.

Council
member
2017-09-25 08:00:00 Police Completed 2017-09-25 08:00:00 2018-08-15 00:00:00 2017-07-25 40 Expediting Elements of
Previous Council Referral to
Study Possible Scenarios of
the Loss of Federal Funds
Direct the City Manager to expedite the
compilation and delivery of a list of federal
funds that the City of Berkeley receives and
the programs and facilities supported by
such funds.

Council
member
Sophie Hahn,
Jesse
Arreguin,
Cheryl Davila,
Kate Harrison
2018-01-19 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2017-10-23 00:00:00 2018-12-11 12:22:40 2019-02-05 17:14:03 - Melissa McDonough (Additional
comments)
HHCS is updating with the latest
single audit findings.
2017-05-30 53 Eliminate the Required
Affidavits of Residency for
Commissioners
Eliminate the requirement for
Commissioners to submit Affidavits of
Residency when they are appointed, and
annually thereafter, in pursuit of saving time
and money for the City of Berkeley.

Revised Materials -
http://www.cityofberkeley.info/Clerk/City_Co
uncil/2017/05_May/Documents/2017-05-
30_Item_53_Eliminate_the_Required_-
_Rev.aspx
Council
member
2017-11-24 17:00:00 City Clerk Completed 2017-11-27 08:00:00 2017-09-12 00:00:00 2017-06-27 32 Housing Inspection and
Community Services Manager
Request the City Manager to create and fill
the position of Housing Inspection and
Community Services Manager.

Council
member
2017-12-22 17:00:00 PLANNING &

DEVELOPMENT
Completed 2017-12-25 08:00:00 2018-09-13 00:00:00 2019-02-05 17:13:07 - Melissa McDonough (Additional
comments)
New position approved by
Personnel Board. Will bring to
Council for adoption by
November which will complete
referral.
2017-10-03 7 Request for Information
Regarding Grant Writing
Services from Specialized
Grant Writing Firms
Refer to the City Manager to issue a request
for information to explore grant writing
services from specialized municipal grant-
writing firms, and report back to Council.

Council
member
Sophie Hahn,
Kate Harrison,
Cheryl Davila,
Ben Bartlett
2018-01-01 17:00:00 Finance Completed 2018-01-01 17:00:00 2019-09-24 12:41:03 2019-04-12 15:07:44 - Melissa McDonough (Additional
comments)
Issued #18-11201 Feb. 5, 2018
as an RFI (Request for
information); closed March 1,
2018. Received 13 information
responses for review. Next
Steps: use responses to inform
scope of work, then release as
RFP.
2017-07-25 51 Commercial Cannabis
Regulations and Licensing
Refer to the City Manager and Cannabis
Commission the proposed local ordinances
to establish a licensing process for
Commercial Cannabis operations, as
permitted under Proposition 64, Adult Use of
Marijuana Act. The Council requests that the
City Manager and Cannabis Commission
report to the City Council on its
recommendations on regulations and
licensing for commercial cannabis
businesses before the end of 2017.

Council
member
2018-01-19 17:00:00 PLANNING &

DEVELOPMENT
Completed 2018-01-22 08:00:00 2018-09-13 00:00:00 2019-02-05 17:15:33 - Melissa McDonough (Additional
comments)
Lengthy process involving 3
Commissions and many City
departments. Some Ordinance
changes will be at Council
9/13/18. But more will be needed.

Council Worksession scheduled
for 10/9/18, then adoption of
more Ordinance changes
expected by end of year, which
will close this referral.
6

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1. Refer to the Transportation Commission
consideration of additional or supplemental
stop sign criteria which addresses the needs
of vulnerable populations, the presence of
bicycle boulevards, and the difficulty of
crossing particular intersections. 2. Direct
that staff consult with the Bicycle
Subcommittee of the Transportation
Commission when making decisions
impacting bicycle boulevards, whenever
possible. 3. Request that the City Manager
provide an informational report on the
particular state and federal warrants and
local policies that prevent stop signs being
used as traffic calming measures.

Council
member
Kate Harrison,
Ben Bartlett,
Lori Droste
Transportation
Commission
2018-01-29 17:00:00 Public Works Completed 2018-01-29 17:00:00 2019-11-12 17:00:00 2019-09-25 08:55:09 - Melissa McDonough (Additional
comments)
Commission Recommendation
and City Manager Companion
report are under review and
tentatively scheduled for council
approval in Nov 2019
2019-02-05 16:27:28 - Melissa
McDonough (Additional
comments)
Transportation Commission
formed a subcommittee and held
first meeting 6/11/18, additional
meetings to be planned by
subcommittee.
2017-09-12 33 Voter Registration Forms in
All City Buildings on Their
Main Floors
Direct the City Manager to provide voter
registration forms on the main floor of all
designated city buildings that are open to the
public and in all Community based
organizations within the city limits.

Community based organizations that are
funded by the City of Berkeley will be
required to pick up the voter registration
forms from the City Clerk's Office and that
should be clearly stated in their respective
contracts.

Council
member
Cheryl Davila,
Kate Harrison,
Sophie Hahn
2018-03-09 17:00:00 City Clerk Completed 2018-03-12 08:00:00 2017-11-08 00:00:00 2017-10-03 24 Parallel Permitting Process Request that the City Manager in coordination with the Director of Planning
and the Chief Building Official work to
establish a voluntary parallel permitting
process for applications to construct housing
in the City of Berkeley.

Council
member
Susan
Wengraf,
Linda Maio,
Lori Droste,
Jesse
Arreguin
2018-03-30 17:00:00 PLANNING &

DEVELOPMENT
Completed 2018-04-02 08:00:00 2017-11-01 00:00:00 2019-02-05 17:23:50 - Melissa McDonough (Additional
comments)
This voluntary parallel permitting
option already exists. Following
October 2017 referral we advised
Building staff to be sure to make
option known to interested
applicants.
2017-10-03 21 Referral to the City Manager
to Provide a Public Master
List of the Legislation on
which the City Council Has
Taken a Position
Request that the City Manager work with the
City's lobbyist to create and maintain a
master list of the legislation on which the
City Council has taken a formal position of
support or opposition through passage of an
item.

Council
member
Kate Harrison,
Sophie Hahn,
Cheryl Davila
2018-03-30 17:00:00 City Clerk Completed 2018-04-02 08:00:00 2018-01-23 00:00:00 2018-01-23 27 Open the West Campus Pool
All Year Round and Start the
Shower Program at the West
Campus Pool
Short Term Referral to City Manager to
assess the feasibility to keep the West
Campus Pool open all year round and to
start COB Shower Program at the West
Campus Pool. Keeping the West Campus
Pool open all year round will provide
equitable swimming options in both North
Berkeley and in South/West Berkeley and
provide another location available for our
community to shower.

Council
member
Cheryl Davila,
Ben Bartlett
2018-07-20 17:00:00 Parks, Recreation &
Waterfront
Completed 2018-04-23 00:00:00 2018-10-16 10:14:13 2019-02-05 17:38:54 - Melissa McDonough (Additional
comments)
a) On June 12, 2018, Council
received an Off Agenda Memo
that identifies the cost to
establish a shower program at
West Campus Pool.

B) In mid-September 2018,
Council will receive an Off
Agenda Memo that describes the
feasability of keeping West
Campus pool open year-round.
2017-10-31 30 Short-Term Referral to the
City Manager, a Process for
Relocation of a Permitted
Cannabis Dispensary
Refer to the City Manager to approve a
process for the relocation of Apothecarium, a
cannabis dispensary with valid permits.

Council
member
2018-04-27 17:00:00 PLANNING &

DEVELOPMENT
Completed 2018-04-30 08:00:00 2018-01-23 00:00:00
7

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Prioritizing New Business
Before Old Business at City
Council Meetings
Prioritize new business before old business
at City Council Meetings by: 1. Altering the
Council rules of procedure as adopted May
24, 2016 so that new business comes before
old business. The reformatted section will
read "The agenda for the regular business
meetings shall include the following:

Ceremonial; Comments from the City
Manager; Comments from the Public;
Consent Calendar; Action Calendar
(Appeals, Public Hearings, Continued
Business, New Business, Old Business);
Information Reports; and Communication
from the Public"; and 2. Granting explicit
authorization to Agenda Committee to move
new business backwards or forwards at their
discretion by amending section III E of the
Rules of Procedure.

Council
member
2018-06-01 17:00:00 City Clerk Completed 2018-06-04 08:00:00 2018-01-30 00:00:00 2018-02-13 17 Referral to the City Manager
to Submit a Filing to the
CPUC Recommending
Adjusting Electric Rule 20 to
Better Serve the City of
Berkeley and Other
Communities with Very High
Fire Hazard Severity Zones
A referral to the City Manager to submit a
filing with the California Public Utilities
Commission (CPUC) concerning the
CPUC's current review of Electric Rule 20.

The CPUC is considering, among other
things, how the existing program is
administered by the various utility companies
operating in California and the definition of
what projects are to be included in the public
interest.

Council
member
Susan
Wengraf,
Sophie Hahn,
Jesse
Arreguin, Lori
Droste
2018-08-10 17:00:00 Public Works Completed 2018-08-10 17:00:00 2018-02-13 26 Referral to the City Manager
on Gender Options of the
General Application for City
Boards and Commissions
Refer to the City Manager to add a
nonbinary gender option on the General
Application for appointment to Berkeley
boards and commissions.

Council
member
Lori Droste,
Linda Maio,
Susan
Wengraf,
Worthignton
2018-08-10 17:00:00 City Clerk Completed 2018-08-13 08:00:00 2018-03-01 00:00:00 2018-02-27 22 Wildland Urban Interface Fire
Safety and Fire Safety
Education
Commission Referral #5 revised to read: 5.

Refer to the Planning Commission to
consider Accessory Dwelling Units (ADUs)
in the Very High Hazard Fire Zone to review
public safety issues especially relevant to
the risk of WUI fires. Amend Section 23D.10
to incorporate greater public safety
considerations to be met before issuing an
Administrative Use Permit (AUP);
City Council
and Mayor
2018-08-24 17:00:00 FIRE &

EMERGENCY

SERVICES
Completed 2018-08-24 17:00:00
2018-03-13 17 Referral to the Arts
Commission and the City
Manager: Cost Estimate and
Plan for Installation of
Sculpture Lighting into
Adjacent Street Lights for the
William Byron Rumford Statue
on Sacramento and Julia St
Refer to the City Manager a request to
develop a cost estimate and an installation
plan for installing sculpture lighting into
adjacent street lights for the William Byron
Rumford statue on Sacramento and Julia
Street. Refer the cost estimate and plan to
the Arts Commission.

Council
member
2018-09-07 17:00:00 Public Works Completed 2018-09-07 17:00:00 8

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3. The Berkeley Way Affordable Housing
Project is the City's top affordable housing
priority. Premier Cru, as a City property, to
be developed for affordable housing falls
under the "High Priority" on the list of
housing initiatives passed by Council on
November 28, 2017. In light of the above,
refer to the City Manager to take the
following actions to move Premier Cru
forward as a High Priority initiative: a. Based
on recommendations from Health, Housing
and Community Services and other
Departments, the Housing Advisory
Commission, and on consultation with local
affordable housing providers, and taking into
consideration requirements and restrictions
associated with potential funding sources,
create a recommendation or
recommendations to Council regarding
levels of affordability, unit sizes, on-site
services and other features to be included in
the proposed project or projects. b. Based
on the above analyses and
recommendations, and on Council direction,
develop and issue an RFQ or RFP to
affordable housing developers for proposals
to develop affordable housing at the site.

Council
member
Sophie Hahn,
Jesse
Arreguin,
Linda Maio,
Kate Harrison
2018-09-07 17:00:00 PLANNING &

DEVELOPMENT
Completed 2018-09-10 08:00:00 2018-05-29 00:00:00
2017-12-19 41 Companion Report: Public
Works Commission
Recommendation for the Five-
Year Paving Plan
Adopt a Resolution updating the City's Five-
Year Street Rehabilitation Plan for FY 2018
to FY 2022. The City Council may consider
the information put forth by the Public Works
Commission relevant to adoption of the
recommended plan.
2018-09-21 17:00:00 Public Works Completed 2018-09-24 08:00:00 2018-07-24 00:00:00 2017-12-05 24 Ordinance Amending the
Berkeley Municipal Code to
Establish Ability to Pay
Provisions Regarding Parking
Fines and Fees in Accordance
with Guidelines Established in
Assembly Bill 503
to refer the item as written in Supplemental
Reports Packet #2 to the City Manager to
conduct an analysis of the item, including a
review of current indigency procedures and
coordination with similar efforts in the City of
Oakland, and report back to the Council in
90 days.

Council
member
Transportation
Commission
2018-09-28 17:00:00 Finance Completed 2018-09-28 17:00:00 2018-07-02 00:00:00 2018-04-24 17 Refer the Housing Advisory
Commissions Questions on
the Smoke-Free Residential
Housing Ordinance to Staff
and Berkeley Considers

The Housing Advisory Commission
respectfully requests that the Council direct
the City Manager to assist the HAC in its
review of the Smoke-Free Residential
Housing Ordinance, a regulation of tobacco
use, as follows: 1. By responding to the
HAC's questions enumerated in the report
with any readily available responsive
information. 2. By facilitating the conduct of a
"Berkeley Considers" questionnaire about
the Smoke-Free Residential Housing
Ordinance, questions for which are proposed
in the report.

Commissio
n
2018-10-19 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2018-10-19 17:00:00 2019-03-17 14:41:36
2017-07-25 10 Authorizing City Manager
Approval for Community
Development Block Grant
(CDBG) Community Facility
Improvement Contracts Under
$200,000; Amending BMC
Chapter 7.18
Adopt first reading of an Ordinance, by two-
thirds vote of the
Council, amending Chapter 7.18 of the
Berkeley Municipal Code to authorize the
City Manager to enter into and amend
contracts of up to $200,000 with applicants
recommended for funding by staff and the
Housing Advisory Commission under the
City's Community Development Block Grant
(CDBG) program for community facility
improvements.
2018-10-19 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2018-10-22 08:00:00 2018-04-24 00:00:00
9

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Page 954 ends

Council
member
Ben Bartlett,
Cheryl Davila,
Kate Harrison,
Sophie Hahn
2018-10-29 17:00:00 Public Works Completed 2018-10-29 17:00:00 2019-01-19 15:21:35 2019-08-27 15:23:33 - Nancy Melendez (Additional comments)
FJ/DP: Aside from the fact that
Public Works is not actually
involved in citations or citation
payment plans or alternatives,
this program exists and the FAQ
at the link below was updated
January 2019.
https://www.cityofberkeley.info/u
ploadedFiles/City_Manager/Level
_3_-
_General/COMMUNITY%20SER
VICE.pdf
2019-02-05 15:38:44 - Melissa
McDonough (Additional
comments)
Because this is a
multidepartmental task assigned
to Public Works, involving
Finance and City Attorney, and
administered by the City of
Oakland, the completion date is
unclear.
2018-05-15 23 Transgender Health Access
Training at City of Berkeley
Clinics
Adopt a Resolution providing $2,400 from
the General Fund to support a half-day
Transgender Health Access Training for City
of Berkeley Public Health staff in June 2018.

Commissio
n
2018-11-09 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2018-11-10 17:00:00 2019-02-04 10:22:57 2019-04-15 10:25:13 - Laura Schroeder (Additional comments)
On February 4, 2019 staff from
public health and mental health
attended a training on
Transgender Access to Public
Health
24 Budget Referral: Increasing
Safety at San Pablo Park
Request the City Manager perform traffic
assessments to gather data and refer any
needed improvements to the FY 2020 – FY
2021 budget process.

Councilme
mbers
Cheryl Davila 2018-11-13 17:00:00 Public Works Completed 2018-11-13 17:00:00 2019-05-16 00:00:00 2018-05-29 14 Implementation of Secure
Storage Program

1. Direct the City Manager to expedite
implementation of two publicly available,
secure storage facilities to accommodate as
many individuals as possible, based on the
parameters set in staff's March 2, 2018 RFI:

Downtown Homeless Storage Pilot - Staffing
and Operations and on additional
parameters outlined in Program Details,
below. 2. Direct the City Manager to
publicize the locations, hours, and rules
applicable to new storage facilities through
normal outreach channels (website, press
release, etc.) and through direct outreach to
homeless individuals by the City, community
organizations (CBOs) and other partners
such as the Downtown Berkeley Association
and Telegraph Avenue BID. 3. Refer
$100,000 to the budget process; an added
$25,000 for the downtown storage location
and $75,000 for storage in West Berkeley.

Council
member
2018-11-23 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2018-11-26 08:00:00 2018-07-24 00:00:00
10

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Page 955 ends

Refer to the City manager to look into
adopting an ordinance establishing a pilot
Powered Scooter Share Permit Program for
24 months, requiring a permit issued by the
Director of Public Works, establishing a fee
for the issuance of the permit, establishing
administrative penalties for failure to obtain a
permit or violation of permit requirements,
providing a procedure for the assessment
and collection of administrative penalties for
permit violations or parking or leaving
standing an unpermitted powered scooter
subject to the pilot Powered Scooter Share
Permit Program on a sidewalk, street, or
other public right-of-way.

Council
member
Kriss
Worthington,
Sophie Hahn
Transportation
Commission
2018-11-27 17:00:00 Public Works Completed 2018-11-27 17:00:00 2018-11-27 17:00:00 2022-01-27 11:08:37 - Nancy Melendez (Additional comments)
Council approved the ordinance,
and the City is now accepting
and processing applications.
2021-10-13 08:47:05 - Nancy
Melendez (Additional comments)
Second reading of the Ordinance
October 12, 2021 for permitting
shared electric scooters and
other electric micromobility
devices
2021-04-15 10:10:12 - Nancy
Melendez (Additional comments)
Staff is preparing a new permit
program for dockless shared
mobility devices like scooters and
ebikes. This will be submitted for
review by the City attorney in
May 2021
2019-11-26 14:11:56 - Melissa
McDonough (Additional
comments)
Continuing to monitor status of
outstanding lawsuits against
other cities re: scooters.
2018-12-11 23 Short-term referral to City
Attorney and Health Housing
and Community Service to
amend Berkeley Municipal
Code 7,441-N.S. to expand
the control of flavored tobacco
across the City of Berkeley
toward preventing youth and
young adult tobacco use
Short-term referral to City Manager to
amend Berkeley Municipal Code 7,441-N.S.
according to the changes made in the
attached amended ordinance to prohibit the
sale of flavored tobacco products and
require a minimum package size for cigars
and little cigars across the City of Berkeley.

The primary purpose of the amendment to
the ordinance is to do more to prevent youth
and young adult tobacco use.

Councilme
mbers
Cheryl Davila 2018-12-11 17:00:00 City Attorney Completed 2018-12-11 17:00:00 2019-09-10 13:15:43 2018-09-13 31 Short-Term Referral to City
Manager re: Emergency
Standby Officers
Qualifications

Referral to the City Manager to consider the
following suggestions for requirements and
qualifications for Emergency Standby
Officers and return to Council within 90 days
with recommendations.

Pos
sible
requirements may include: -Trainings in
roles and responsibilities to serve as a
standby officer possibly including: ethics and
workplace harassment. -City government
experience. -Council District residency. -
Require standby officers to meet the same
qualifications, including restrictions on
conflict of interest, as required in the City
Charter for City Councilmembers. -In
addition, consider requiring Councilmembers
to nominate three people in a single action.

Council
member
Susan
Wengraf,
Jesse
Arreguin,
Sophie Hahn
2018-12-11 17:00:00 City Clerk Completed 2018-12-11 17:00:00 2019-05-02 12:02:38 2019-02-05 15:21:26 - Melissa McDonough (Additional
comments)
Ongoing discussion with City
Attorney regarding potential
criteria
2018-07-10 17 Referral to City Manager to
Consolidate all City
Commission Workplans in
One Place for Easy Access
for Staff, the Public, and
Elected Officials
Make a referral to the City Manager to
consolidate all City Commission Workplans
in one place for easy (electronic) access for
staff, the public, and elected officials.

Council
member
2019-01-04 17:00:00 City Clerk Completed 2019-01-07 08:00:00 2018-09-13 00:00:00 2018-10-30 20 Proposed Portland Loo
Installations in Telegraph
Commercial District
Short-Term Referral to the City Manager to
identify costs for the installation of a
"Portland Loo" type of bathroom facility in
Telegraph Commercial District. Costs should
be comprehensive and include, but not be
limited to: the facility, infrastructure, design,
construction, oversight and any
contingencies.

Councilme
mbers
Jesse
Arreguin,
Sophie Hahn
2019-01-31 17:00:00 Public Works Completed 2019-01-31 17:00:00 2019-02-27 00:00:00 11

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Councilme
mbers
Linda Maio,
Sophie Hahn,
Kate Harrison
2019-02-13 17:00:00 City Attorney Completed 2019-02-13 17:00:00 2019-09-17 10:57:38 2019-09-17 10:57:27 - Christopher Jensen (Additional
comments)
Referral response complete;
Public Works is providing
assistance on right-of-way
issues.
2019-04-24 10:04:24 - Mark
Numainville (Additional
comments)
City Attorney provided legal
opinion to PRW. PRW to report
to Council.
2017-05-02 27 Berkeley Bicycle Plan 2018 Adopt a Resolution approving the Berkeley Bicycle Plan 2017, and directing the City
Manager to pursue implementation of the
Plan as funding and staffing permit.
2019-02-15 17:00:00 Public Works Completed 2019-02-15 17:00:00 2015-11-17 28 Improve Conditions on Our
Community Sidewalks;
Amending Berkeley Municipal
Code Chapters 13.36 and

14.48 Discuss and refer the following services and
ordinances to the City Manager for
implementation, and adopt first reading of
three Ordinaces: 1. Adding Section

13.36.085 to the Berkeley Municipal Code
prohibiting urination and defecation in public
places. 2. Amending Sections 14.48.020 and

14.48.170 of the Berkeley Municipal Code
regulating use of sidewalks. 3. Adding
Section 13.36.040 to the Berkeley Municipal
Code prohibiting obstruction of City-owned
planters and trees. Additional Services: 1.

Create a secure storage facility for personal
belongings; bins must be of adequate size,
of reasonable number (estimate of 50 – 100
at the outset) and ensure reasonable access,
with posted hours. 2. Provide additional
bathrooms in the Downtown and Telegraph
areas. 3. Provide mobile showers and
bathrooms for public use.

Council
member
Linda Maio,
Lori Droste
2019-02-28 16:00:00 CITY MANAGER'S
OFFICE
Completed 2019-02-28 16:00:00 2019-02-28 16:00:00 2019-10-15 14:27:16 - Melissa McDonough (Additional
comments)
Staff has prepared an overview
of the outcomes from the pilot
implementation of the Shared
Sidewalk Policy , and anticipates
presenting its findings to Council
in Fall 2019. The ongoing
program is currently in place.
2019-08-07 14:46:28 - Melissa
McDonough (Additional
comments)
Storage is done as is mobile
showers and expansion of
bathrooms, 14.48 re: sidewalks is
done.
2019-04-24 15:08:11 - Melissa
McDonough (Additional
comments)
Outreach information
disseminated to people on
streets; another round of
personal notification starts
4/16/19 and 3 person team starts
4/23/19.
2019-04-12 14:20:27 - Melissa
2018-11-13 24 Budget Referral: Increasing
Safety at San Pablo Park

4. Develop, implement and coordinate drills
for active shooter and other emergency
protocol at San Pablo Park: Create protocol
with input from community partners, then
orient licensed daycare providers, coaches,
trainers and program staff who operate out
of the park, and conduct drills with City staff
operating the Center and providers in order
to prepare for emergencies and how to use
the Center as a shelter during or following
them.

Councilme
mbers
Cheryl Davila 2019-03-01 17:00:00 Police Completed 2019-03-01 17:00:00 2019-03-30 15:34:27 2019-04-24 15:35:06 - Melissa McDonough (Additional
comments)
Training class conducted March
30 2017-12-05 17 City Manager Referral:

Consider CPUC
Interconnection Applications
Refer to the City Manager consideration of
applying for CPUC interconnection
applications.

Council
member
2019-03-04 16:00:00 Public Works Completed 2019-03-04 16:00:00 2018-04-04 00:00:00 2018-09-13 18 Adopt a Resolution in
Support of Appropriate City
Enforcement Measures to
Mitigate Damages Resulting
from the Removal of Trees at
1698 University Avenue
Amended to be a referral to the City
Manager regarding enforcement of
measures to mitigate damage to the general
welfare of the City and neighborhood
resulting from the damage and subsequently-
required removal of trees at 1698 University
Avenue.

Council
member
Kate Harrison 2019-03-11 17:00:00 PLANNING &

DEVELOPMENT
Completed 2019-03-11 16:00:00 2018-10-01 15:56:16
12

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Council
member
Susan
Wengraf,
Sophie Hahn
2019-03-22 17:00:00 City Attorney Completed 2019-03-23 16:00:00 2018-12-24 16:21:16 2018-10-02 Lobbyists Registration and
Regulation Ordinance;
Amendments to Existing
Revolving Door Ordinance
Request an analysis from the City Manager
before the November budget discussion on
the administrative impacts and cost to
implement the lobbyist ordinance.

Council
member
MAYOR
AND

COUNCIL
2019-03-29 17:00:00 City Attorney Completed 2019-03-30 16:00:00 2019-01-22 12:32:26 2018-10-02 9 Amend BMC Chapters 6.24
and 14.52 to Authorize Paid
Parking on Shattuck Avenue
between Carleton Street and
Ward Street and add the
Northside (Euclid/Hearst)
Metered Parking Area to the
goBerkeley Program; and
Authorize Paid Parking at the
City-Owned Adeline/Alcatraz
Parking Lot

Request staff to perform an analysis of the
parking in the Northside area during the
academic year to be completed within six
months.

Council
member
MAYOR
AND

COUNCIL
2019-04-02 17:00:00 Public Works Completed 2019-04-02 17:00:00 2019-08-01 15:29:17 2019-08-27 15:29:52 - Nancy Melendez (Additional comments)
GH: Staff conducted an analysis
of the parking in the Northside
area in spring 2019, roughly six
months after goBerkeley price
and time limits went into effect on
November 1, 2018. As
summarized in the June 25, 2019
Information Report submitted to
Council, the data showed that
goBerkeley changes are working
as intended to increase parking
availability in the area. Two minor
adjustments to prices and time
limits in “Value” zones went into
effect August 1, 2019
2019-02-05 16:25:11 - Melissa
McDonough (Additional
comments)
Per Council direction to conduct a
study in 6 months, the due date
should be April 2, 2019, which is
6 months from October 2, 2018.
2018-10-30 35 City Manager referral: Initiate
a franchise agreement with
FlixBus
That the Council refer to the City Manager
initiation of a franchise agreement with
FlixBus, requiring a permit issued by the
Director of Public Works, establishing a fee
for the issuance of the permit, establishing
administrative penalties for failure to obtain a
permit or violation of permit requirements,
and providing a procedure for the
assessment and collection of administrative
penalties for permit violations.

Councilme
mbers
Kriss
Worthington
2018-10-30 17:00:00 Public Works Completed 2019-05-01 11:39:27 2019-05-23 00:00:00 2019-04-23 11:49:56 - Mark Numainville (Additional
comments)
Resolution of Intent adopted on
3/26/19; Public Hearing set for
4/30/19
2018-10-16 25 Welcome to Berkeley Signage Refer to the City Manager on a short term basis to replace all the Welcome to Berkeley
signs with the Option B design per the
Transportation Commission
recommendation, including "Ohlone
Territory" but not a second motto. Also,
leave space on the sign to add a policy
message and consult with Ohlone leaders on
the use of the word "territory."
Councilme
mbers
City Council
District 2
Cheryl Davila 2018-10-16 17:00:00 Public Works Completed 2019-05-03 12:00:00 2019-02-07 00:00:00 13

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1) Refer to the Planning Commission an
amendment to BMC Section 23C.12.020
(Inclusionary Housing Requirements –
Applicability of Regulations) and BMC
Section 22.20.065 (Affordable Housing
Mitigation Fee) to close a loophole allowing
prospective project applicants to avoid
inclusionary affordable housing
requirements for projects by modifying
property lines so that no lot is large enough
to construct five or more units; the
Commission should return to Council with a
report by April 30, 2019. 2) Refer to the
Planning Commission to consider modifying
the structure of in-lieu fees for owner-
occupied developments to a flat per-unit fee,
as with rental developments, or a per square
foot fee; the Commission should return to
Council with a report. 3) Refer to the
Housing Advisory Commission to assess the
appropriateness of the fee level as
suggested in the proposed amendments to
BMC 23C.12. 4) The Planning Commission
is to consider the following language from
the item submitted at the meeting: It is
possible that the new fee structure will be
adopted prior to the Housing Advisory
Commission approving the level of the fee.

In this instance, those projects that opt to
pay the in-lieu fee and are permitted after the
Councilme
mbers
Kate Harrison,
Rigel
Robinson,
Sophie Hahn
2019-05-21 17:00:00 PLANNING &

DEVELOPMENT
Completed 2019-05-21 17:00:00 2019-06-11 09:40:07 2019-04-15 09:44:51 - James Bondi (Additional comments)
Scheduled for Council 4/30/19.
2019-04-12 16:04:35 - Melissa
McDonough (Additional
comments)
May be done at Council 4/30/19,
pending recommendation from
Planning Commission (special
Public Hearing 4/3/19).
2019-02-19 9 Short-Term Referral: Develop
Ordinance permitting
Cannabis Events and
designate Cesar Chavez Park
as an Approved Venue
Short-Term Referral to the City Manager to
develop ordinance amendments permitting
up to three cannabis events per year in the
first year in the City of Berkeley and
designating Cesar Chavez Park as the sole
approved location for cannabis events,
provided such events are organized and
licensed as required by the State of
California. The ordinance shall: 1. reference
Resolution No. 68,326-N.S., declaring that
Berkeley is a sanctuary for adult use
cannabis, 2. specify procedures for such
events that replicate similar alcohol related
event protocols. The City Council will revisit
the provisions of the ordinance following the
first year of implementation.

Councilme
mbers
Jesse
Arreguin
2019-05-21 17:00:00 PLANNING &

DEVELOPMENT
Completed 2019-05-22 00:00:00 2019-04-15 09:54:32 2019-04-15 09:54:26 - James Bondi (Additional comments)
Council considered and opted not
to adopt policy, 4/2/19.
2019-04-12 16:02:31 - Melissa
McDonough (Additional
comments)
Pending Council adoption of
Cannabis Ordinance revisions
scheduled for April 2 (second
reading April 23).
2017-07-25 37 Reviewing the GIG Car Share
Pilot Program
Refer to the City Manager and
Transportation Department a review of the
concerns, emerging regarding some
features of the recently implemented GIG
Car Share pilot program, request
adjustments before the two-year pilot
program from staff.

Council
member
Linda Maio,
Susan
Wengraf
2019-05-28 17:00:00 Public Works Completed 2019-05-28 17:00:00 2019-05-28 11:39:27 2019-02-05 15:16:47 - Melissa McDonough (Additional
comments)
The program evaluation will be
conducted in early 2019 and an
action report prepared for
Council to continue, modify, or
discontinue the pilot.
2019-03-26 23 Referral to City Manager to
Scope Process and Estimate
Cost of New General Plan
Referral to the City Manager to return to City
Council with an outline of the process for
creating a new City of Berkeley General
Plan. The cost for the first two years of work
will be included in the report for
consideration during the upcoming 2020-
2021 Budget Process.

Councilme
mbers
Jesse
Arreguin,
Cheryl Davila
2019-06-21 17:00:00 PLANNING &

DEVELOPMENT
Completed 2019-06-21 17:00:00 2019-06-12 09:41:11 2019-04-15 09:53:31 - James Bondi (Additional comments)
Scoping has begun. Off-Agenda
Memo will provide answers (date
TBD)
14

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Page 959 ends

On an ongoing basis, refer to the City
Manager and Planning Commission to
propose changes to current Planning
approval process to address the causes of
delays between entitlements and building
permits for construction or substantial
rehabilitation of five or more dwelling units.

Councilme
mbers
Kate Harrison 2018-12-11 17:00:00 PLANNING &

DEVELOPMENT
Completed 2019-07-16 16:43:23 2019-07-23 11:40:57
2019-03-26 15 Ensuring the Sustainability of
the Berkeley Flea Market
Short-term referral to the City Manager to
provide material and strategic assistance to
the Berkeley Flea Market, to sustain and
enhance its ability to serve both merchant
participants and the community at large.

Council
member
Ben Bartlett,
Sophie Hahn,
Cheryl Davila
2019-05-27 17:00:00 Office of Economic
Development
Completed 2019-07-30 11:38:31 2019-07-30 11:38:31 2019-12-25 20:59:26 - Jordan Klein (Additional comments)
Info report to Council on January
21, 2020 (Referral Response:

Small Business Retention
Programs) includes a summary
of the assistance provided to
CSU / Berkeley Flea Market, and
includes their new strategic plan
as an attachment. OED will
continue to provide support to the
Flea Market, directly and through
our partner organizations.
2019-11-25 13:18:59 - Melissa
McDonough (Additional
comments)
Community Services United
(nonprofit that runs the flea
market) submitted their strategic
plan for the flea market to OED
on November 15th.

Communication from OED to
Council pending.
2019-09-24 11:03:09 - Melissa
McDonough (Additional
comments)
Still waiting for the Flea Market's
strategic plan, expected end of
15

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Refer to the City Manager a request to finish
the installation of sculpture lighting into
adjacent street lights for the William Byron
Rumford statue on Sacramento and Julia
Street. Refer to the Public Works
Department for its installation.

Councilme
mbers
Ben Bartlett,
Kate Harrison,
Cheryl Davila,
Jesse
Arreguin
2019-06-13 17:00:00 Public Works Completed 2019-08-07 13:59:42 2019-10-01 17:00:00 2021-04-14 14:02:28 - Nancy Melendez (Additional comments)
All materials have arrived. Final
installation is scheduled and work
is anticipated to be completed by
4-30-21.
2020-06-30 15:29:22 - Nancy
Melendez (Additional comments)
PW waiting for a response from
Berkeley Electric to confirm
project and when they can start.
2019-11-26 14:28:34 - Melissa
McDonough (Additional
comments)
Project is out to bid and
completion is expected by end of
fiscal year.
2019-11-26 14:19:08 - Melissa
McDonough (Additional
comments)
Alternatives identified, final
selection and implementation
pending.
2018-11-13 18 Short-Term Referral to City
Manager to Complete Steps
Necessary to Establish Lava
Mae Services in Berkeley

Short-term referral to the City Manager to
coordinate with Fire, Planning and Public
Works Department Heads to provide
permits, identify locations and allow access
to water and disposal hook-ups necessary to
bring Lava Mae shower services to
Berkeley's homeless populations within 90
days for a 6-8 week pilot. This includes: -
Determining locations to set up portable
shower; and -Identifying water source for
hook ups designated to dispense water for
showers, either fire hydrants (preferred) or
garden hose spigots; and -Parking permits
for shower trailer; and -Identifying sewage
manholes designated to pump out/dump
gray and black water (H2O) into the sewer
system; and -Calendaring a Fire Department
inspection to inspect the propane to heat up
the H2O on the first day of operation or
through a dry run. Starting January 2019,
Lava Mae is prepared to bring shower
service two days a week to two consistent
locations (one day per a location) at no
charge to the City of Berkeley or the users of
the services. The proposal is to start with an
8-week pilot in two locations to test sites.

Councilme
mbers
Cheryl Davila,
Sophie Hahn
2019-09-10 17:00:00 CITY MANAGER'S
OFFICE
Completed 2019-09-10 17:00:00 2019-09-12 08:29:03 2019-09-12 08:30:15 - Melissa McDonough (Additional
comments)
Report on Council agenda.
2019-08-07 15:07:11 - Melissa
McDonough (Additional
comments)
Sites and hook-ups have been
established.
2016-09-20 22 Amending Council Rules
Regarding Removal of
Commissioners

Council
member
Commission 2019-09-10 17:00:00 City Clerk Completed 2019-09-10 17:00:00 2019-09-10 17:00:00 16

Page 27 of 37 ends

Page 961 ends

Council
member
Lori Droste,
Jesse
Arreguin
2019-09-16 17:00:00 Public Works Completed 2019-09-16 17:00:00 2019-09-16 17:00:00 2020-10-28 16:19:57 - Mark Numainville (Additional
comments)
Item 13 on the 10-27-2020
agenda
2020-06-30 15:27:04 - Nancy
Melendez (Additional comments)
There is no known plan for Cal
Football this fall. So the program
is not expected to occur this year.

Work to include area K has not
started.
2019-11-26 14:14:38 - Melissa
McDonough (Additional
comments)
Scheduled for Council action
spring 2020.
2019-09-10 48 Request for Information
Regarding Current Status and
Progress on Traffic
Mitigations at Dwight Way
and California Street
Refer to the City Manager a request for
information regarding the current status and
progress on traffic mitigations and
pedestrian safety improvements at the
intersection of Dwight Way and California
Street.

Council
member
Ben Bartlett 2019-09-16 17:00:00 Public Works Completed 2019-09-16 17:00:00 2019-09-16 17:00:00 2021-06-23 11:40:09 - Nancy Melendez (Additional comments)
Construction beginning July 2021
2020-10-05 09:33:42 - Nancy
Melendez (Additional comments)
Received approval to fill
Associate Traffic Engineer
vacancy to do the work. initiating
hiring process.
2020-03-19 10:31:47 - Nancy
Melendez (Additional comments)
Engineering Design work is
commencing now, construction
expected in Spring 2021
2019-11-26 14:16:26 - Melissa
McDonough (Additional
comments)
Off agenda memo pending
17

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Construction of new Affordable Housing
units or acquisition and preservation of
affordable housing; Preservation of historic
buildings; Cultural Institutions and
Performing Arts Venues; Civic Uses
(Government Offices, Libraries, Schools,
Public Safety); Public Open Space and
Recreation Facilities; Health Care Services;
Transportation Demand Management
features; and Job training or employment
opportunities.

The City Manager should further incorporate
these guidelines into any relevant formal
document relating to projects in Opportunity
Zones.

That City staff, working with non-profit
organizations OR seeking technical
assistance, develop a prospectus marketing
community development projects in
Berkeley's Opportunity Zones using the
guidelines mentioned above, or any other
tools to attract equitable investment in
Opportunity Zones.

Councilme
mbers
Ben Bartlett,
Kate Harrison,
Jesse
Arreguin,
Cheryl Davila
2019-07-22 17:00:00 Office of Economic
Development
Completed 2019-09-25 11:01:10 2020-01-24 10:52:16 2020-04-16 10:52:40 - Melissa McDonough (Additional
comments)
Off-agenda memo released on
1/24/20:
https://www.cityofberkeley.info/u
ploadedFiles/Clerk/Level_3_-
_General/Opportunity%20Zones
%20012320.pdf
2019-11-25 13:28:38 - Melissa
McDonough (Additional
comments)
Information report postponed
pending further analysis.
2019-11-05 13:31:36 - Jordan
Klein (Additional comments)
Information report submitted for
12/3/19 Council Meeting
2019-09-24 07:59:59 - Melissa
McDonough (Additional
comments)
Expect to send an info
report/referral response to
Council by Oct/Nov.
2019-11-12 18 Request for Information:

Police Dispatch
Refer to the City Manager a request for
information clarifying:

1. when non-emergency phone calls to the
police are directed to the Berkeley Police
Department and when to the California
Highway Patrol or other outside agencies,
and 2. what staffing or technological
changes would be needed to direct more
calls to Berkeley dispatch.

Councilme
mbers
Kate Harrison 2019-11-20 17:00:00 Police Completed 2019-11-20 17:00:00 2019-11-20 17:00:00 2020-10-26 10:56:20 - Melissa McDonough (Additional
comments)
Off agenda memo submitted
10/26
2020-08-05 09:43:23 - Melissa
McDonough (Additional
comments)
Completion pending submittal of
memo to Council documenting
work.
2019-09-24 36 Companion Report: Health
Study to be Conducted by the
Public Health Division to
Gather Data on Health
Conditions, Health Disparities
and Mortality Rates of
Berkeley's homeless
Send a letter to Alameda County requesting
data on deaths of identified homeless
individuals.

Contact Alameda County request that they
explore the feasibility of recording
homelessness as a data point in death
records and/or making investments to begin
tracking this information locally.

Councilme
mbers
2019-10-31 17:00:00 Health, Housing and
Community Services
Completed 2019-11-29 17:00:00 2019-11-29 17:00:00 2019-12-02 14:10:47 - Melissa McDonough (Additional
comments)
Disregard previous comment.

Mistake.
2019-12-02 14:06:36 - Melissa
McDonough (Additional
comments)
RFP issued, due date for
responses 12/12/19
2019-09-10 35 1281 University Avenue
Request for Proposals
Refer to the City Manager to issue a
Request for Proposals (RFP) for residential
development at the City-owned site at 1281
University Avenue with a requirement that
100% of the on-site units to be restricted to
80% AMI or below households with at least
10% at 50% AMI, with consideration given to
accommodations that serve unhoused or
homeless households, including
nontraditional living arrangements such as
tiny homes and that Council consider interim
use for the site for housing purposes.

Commissio
n
Housing Advisory
Commission
2019-11-29 17:00:00 Health, Housing and
Community Services
Completed 2019-11-29 17:00:00 2019-11-29 17:00:00 2019-12-02 14:11:54 - Melissa McDonough (Additional
comments)
RFP issued, responses due
12/12/19
18

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Completed Short Term Referrals
1st Quarter 2022
Meeting Date Agenda
Item
Number
Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-09-10 30 Referral Response: Proposed
New BMC Ordinance Adding
Chapter 9.26 Live Animal
Sales – Disclosure
Requirements
In lieu of approving the ordinance,
encourage Berkeley live animal retailers to
provide purchasers with information
regarding the sourcing of their animals by
utilizing one or two of the following
designations describing the sourcing of the
particular animal: 'captive bred;' 'hobby
breeder' or 'licensed breeder;' 'rescue;' 'wild
caught;' or 'imported.'
Commissio
n
Animal Care
Commission
2019-12-16 17:00:00 CITY MANAGER'S
OFFICE
Completed 2019-12-16 17:00:00 2019-10-03 17:00:00 2019-10-15 14:28:21 - Melissa McDonough (Additional
comments)
Staff developed a set of standard
terms and sent a letter to all
animal retailers on 10/3/2019,
encouraging them to use the
designations. Staff has prepared
and submitted a referral
response via off-agenda memo.
2020-03-10 23 Directing the City Manager to
Lease Caltrans Property at
University and West Frontage
Road
Direct the City Manager to:

1. Negotiate a lease agreement with the
California Department of Transportation
(Caltrans) for the leasing of state property at
University Avenue and West Frontage Road
as indicated in Attachment 1. The property
will be used for a temporary outdoor shelter
with restrooms, hand washing stations and
garbage service. The City Manager should
also inquire about whether additional
Caltrans parcels adjacent to those being
offered are also available for lease. The City
Manager should utilize funding previously
allocated for an Outdoor Shelter program
from Measure P tax receipts.

2. Concurrent with the lease negotiation,
develop a plan and budget for the
establishment and staffing of the Outdoor
Emergency Shelter as further defined herein.

3. Immediately provide toilet and
handwashing stations on the north and south
side of University Avenue and under the
overpass at University Avenue.

4. Immediately provide garbage receptacles
and work with the residents to establish
consistent weekly garbage collection on the
north and south side of University Avenue
and under the overpass at University
Avenue.

5. Immediately schedule ongoing outreach
Councilme
mbers
Jesse
Arreguin,
Rigel
Robinson,
Kate Harrison,
Sophie Hahn
2020-03-23 17:00:00 CITY MANAGER'S
OFFICE
Completed 2020-03-23 17:00:00 2020-03-23 17:00:00
2020-04-14 0 Save Our Small (SOS)
Business Loan Fund
Refer to the City Manager to rapidly explore
and, if feasible, pursue the creation of a
special structured financial recovery loan
fund to provide a supplemental source of
capital for Berkeley small businesses
impacted by the COVID-19 emergency.

Among other considerations, the City
Manager is requested to consider whether
the City of Berkeley should act as a sponsor
of the fund, working with one or more
financial institutions to pool capital from
private investors and the City of Berkeley to
lower the risk of the product and support low
interest rates. The City Manager is also
recommended to partner with the Haas
Business School at UC Berkeley to design
terms of the SOS business loan fund and
build the viability assessment model on
which loan decisions would depend.

Amended to include that the City Manager
incorporate equity measures and explore
various methods to broaden outreach to all
eligible businesses and disadvantaged
businesses.

Councilme
mbers
Sophie Hahn,
Jesse
Arreguin,
Susan
Wengraf, Kate
Harrison
2020-04-16 17:00:00 CITY MANAGER'S
OFFICE
Completed 2020-04-16 17:00:00 2020-04-16 17:00:00 2020-10-21 11:31:46 - Melissa McDonough (Additional
comments)
ee off agenda memo: (April
27)https://www.cityofberkeley.inf
o/uploadedFiles/Clerk/Level_3_-
_General/Business%20and%20A
rts%20Organization%20Continuit
y%20Grant%20Programs%2004
2720.docx.pdf
19

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1. Refer to the City Manager to explore and
identify, on an expedited basis, potential
public locations throughout Berkeley,
including but not limited to wide sidewalks,
street medians, building curtilages, parking
bays and strips, streets and portions of
streets, parking lots, and parks, for the
temporary placement of tables and chairs to
be used, if and when safe and feasible, for
open air dining to support restaurants, cafes,
food shops, and other small businesses
impacted by the COVID-19 emergency, and
to increase capacity for pedes-trians to use
sidewalks for walking and queuing in
commercial areas while maintaining social
distancing.

2. Refer to the City Manager to further
consider:
a. Creating dining areas for use by the
general public and areas for use by a single
or several adjacent establishments,
managed by an establishment, a group of es-
tablishments, a Business Improvement
District (BID), the City of Berkeley, or
through shared arrangements. For parks, if
any, only general public areas should be
considered;
b. Widening sidewalks in areas with
concentrations of commercial activity and
queu-ing by temporarily converting adjacent
Councilme
mbers
Sophie Hahn,
Jesse
Arreguin,
Rigel
Robinson,
Kate Harrison
2020-06-10 17:00:00 CITY MANAGER'S
OFFICE
Completed 2020-06-10 17:00:00 2020-06-10 17:00:00
2020-03-10 26 Disposition of City-Owned,
Former Redevelopment
Agency Property at 1631 Fifth
Street
Refer the item to the City Manager to
explore City uses of the property for housing
and homelessness services and needs, or
other uses, and review the remediation
needs of the property.

Councilme
mbers
2020-07-20 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2020-07-20 17:00:00 2020-07-20 17:00:00
2020-01-21 32 Short Term Referral to the
City Manager: 1. Improve and
increase External Community
Engagement; 2. Identify the
funding resources needed to
adequately implement
number 1; and 3. Implement
and require all City Council
items and staff reports include
Climate Impacts in addition to
Environmental Sustainability
Adopt the following amended actions with a
positive recommendation from the Council
Facilities, Infrastructure, Transportation,
Environment and Sustainability (FITES)
Committee: 1. Short Term Referral to the
City Manager: to look at how to improve and
increase External Community Engagement –
including funding for regular on- going town
halls or neighborhood assemblies for
external community engagement and
collaboration to engage the community and
allow for input on new policies and programs
which affect "marginalized and front-line
communities." 2. Short Term Referral to the
City Manager to report back and identify
funding resources and funding needed to
adequately implement number 1, including
different organizational structure options;
and recommendations for funding. 3.

Implement and require all City Council items,
and staff reports include Climate Impacts in
addition to Environmental Sustainability.

Councilme
mbers
Cheryl Davila,
Ben Bartlett
2020-01-23 17:00:00 PLANNING &

DEVELOPMENT
Completed 2020-07-31 17:00:00 2020-07-21 17:00:00 2020-07-24 13:25:25 - James Bondi (Additional comments)
Completed at Council 7/21/2020.

Council action to accept report
also created new long-term
referral, to be tracked separately.
2020-07-01 13:12:14 - James
Bondi (Additional comments)
Referral response scheduled for
Council 7/21/20.
2020-04-15 11:31:10 - James
Bondi (Additional comments)
Work has begun, draft report to
Council prepared, but put on hold
until budget recommendations
can be considered in larger City
budget context given COVID
impacts.
20

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1. Increase nighttime enforcement and
enable the enforcement of park rules and
ordinances.

2. Consider the presence of needles and
feces a Public Health threat and enable the
Public Health Department to cordon off
areas of encampment for the purpose of
clearing the areas of contamination and
ensuring the areas are safe for public use.

3. Determine where additional signage is
needed to clarify rules regarding camping
and park hours, as well as compliance with
public health orders regarding COVID,
included but not limited to facial coverings.

4. Increase visitation from the Homeless
Outreach Treatment Team to ensure that
homeless residents get assistance and
connections with health, mental health,
substance abuse and related social services.

Councilme
mbers
Lori Droste,
Jesse
Arreguin
2020-09-25 17:00:00 CITY MANAGER'S
OFFICE
Completed 2020-09-25 17:00:00 2020-09-25 17:00:00
2020-09-15 27 Outreach and Technical
Assistance for Berkeley Small
Businesses Eligible to
Participate in the California
Rebuilding Fund
Refer to the City Manager to engage in
robust outreach to small businesses and
organizations in Berkeley that may be
eligible to participate in the California
Rebuilding Fund, a new public-private
partnership based on the SOS Small
Business Loan model Berkeley passed in
April 2020, that will leverage government
backed capital to support small enterprises
in California. It is our understanding that
loans will be made in part on a first come,
first served basis, so time is of the essence
for staff to do outreach.

The City Manager is requested to focus
outreach in particular on underserved small
businesses and nonprofits, entrepreneurs in
historically disenfranchised communities,
and enterprises serving children, including
childcare providers, preschools, and camps.

The City Manager is further recommended to
partner with the Berkeley Chamber,
Downtown Berkeley Association, Visit
Berkeley, and Business Improvement
Districts (BIDs) to ensure that eligible small
businesses and nonprofits are aware of this
opportunity, and receive any technical
assistance they need in order to apply and
participate in a timely manner. The City
Manager is also recommended to partner
with the Haas Business School at UC
Councilme
mbers
Sophie Hahn 2020-09-25 17:00:00 CITY MANAGER'S
OFFICE
Completed 2020-09-25 17:00:00 2020-09-25 17:00:00 2020-10-21 11:30:40 - Melissa McDonough (Additional
comments)
This effort will dovetail with the
expanded RLF program (called
"RLP", resiliency loan program)
the federal funds are to be
accepted and approved by
council 10/27/20.
2020-09-22 16 Healthy Checkout Ordinance 2. Refer to the City Manager to determine funding and staffing needs to implement and
enforce the ordinance and sources of
funding to support this program.

Councilme
mbers
Kate Harrison,
Sophie Hahn
2020-10-15 17:00:00 HEALTH, HSG &

COMMUNITY SVC
Completed 2020-10-15 17:00:00 2020-10-15 17:00:00
21

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Refer to the City Manager to remove the
traffic bollards at the intersection at Fairview
and California St. for the following reasons:

1. To allow residents, emergency
responders, street cleaning and garbage
disposal services, and delivery vehicles ease
of access to enter and exit Fairview Street;

2. To allow residents of the 1600 block of
Fairview St. access to additional parking
spots because the current capacity is
inadequate; and 3. To decrease illegal
dumping that has been incentivized by the
traffic bollards and eliminate the harborage
of junk, debris, and garbage.

Ben Bartlett 2020-10-22 17:00:00 Public Works Completed 2020-10-22 17:00:00 2020-10-22 17:00:00 2021-01-14 17:42:45 - Nancy Melendez (Additional comments)
The bollards have been
removed.
2020-10-13 12 Authorize Installation of
Security Cameras at the
Marina and Request an
Environmental Safety
Assessment
Adopt the following recommendations in
order to address the recent dramatic uptick
in reported crime incidents at the Berkeley
marina: -Request that the City Manager
install security cameras and signage as
expeditiously as possible as a long-term
safety measure; -Refer to the City Manager
to perform an environmental safety
assessment of the Berkeley marina with
particular attention to the berther parking
areas. Cameras will not use facial
recognition or biometric software.

Councilme
mbers
Rashi
Kesarwani,
Susan
Wengraf
2020-10-22 17:00:00 Parks Recreation &
Waterfront
Completed 2020-10-22 17:00:00 2020-10-22 17:00:00
2020-10-13 18 Enforce Bi-Weekly (Once
Every Two Weeks)
Residential Cleaning
Measures to Address
Encampments and Promote
Clean Streets in Berkeley
Refer to the City Manager to promote
equitable street cleaning practices and
require biweekly (once every two weeks),
cleanings of populated encampment sites in
Berkeley and adjacent residential
neighborhoods. In order to determine where
City Staff should prioritize residential
cleaning services, the City Manager should
establish a radius around the campsites.

When encampments are on non-City owned
property, such as Caltrans, the City should
bill the appropriate agency for the cost of
staff and materials.

Ben Bartlett,
Sophie Hahn,
Kate Harrison,
Cheryl Davila
2020-10-22 17:00:00 CITY MANAGER'S
OFFICE
Completed 2020-10-22 17:00:00 2020-10-22 17:00:00 2022-01-13 13:17:54 - Melissa McDonough (Additional
comments)
Staff have implemented this and
we now provide regular garbage
service to encampment and
nearby areas impacted by
encampment on a twice weekly
basis.
2021-10-22 09:36:04 - Melissa
McDonough (Additional
comments)
Staff have begun implementing
this and we now provide regular
garbage service to encampment
and nearby areas impacted by
encampment on a twice weekly
basis.
2020-11-10 5 Referral Response: Including
Climate Impacts in City
Council Reports
Request that the City Manager update the
templates and associated training materials
to add "Climate Impacts" in the
"Environmental Sustainability" section of
reports to the City Council, and codify the
changes in Appendix B in the next update to
the Berkeley City Council Rules of
Procedure. This recommendation is a partial
response to a January 21, 2020 referral,
sponsored by Councilmembers Davila and
Bartlett, to require that all City Council items
and staff reports include "climate impacts" in
addition to environmental sustainability.

Councilme
mbers
2020-11-18 17:00:00 City Clerk Completed 2020-11-18 17:00:00 2020-11-18 17:00:00 22

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1. Increasing the annual household income
cap for stipend eligibility from $20,000 to
align with the 50% Area Median Income
(AMI) guidelines for Alameda County and
reflect household size, and updating it
annually with the latest HUD data.

2. Increasing the low-income stipend from
$40 to $78 per meeting, and updating it
annually with the City of Berkeley minimum
wage to correspond to compensation for 2.5
hours of work.

Councilme
mbers
Rigel
Robinson
2020-12-04 17:00:00 City Clerk Completed 2020-12-04 17:00:00 2020-12-04 17:00:00 2020-12-15 39 Path to Permanence for
Outdoor Dining and
Commerce Permits Granted
Under COVID-19 Public
Health Emergency
Declaration
On November 2, 2020 the Facilities,
Infrastructure, Transportation, Environment
& Sustainability Committee made a positive
recommendation to send the item to the City
Council with the recommendation language
as amended by the committee. The
revised recommendation language includes:

Refer to the City Manager to develop a
program and, if necessary, ordinance
language to facilitate the transition of
temporary outdoor dining and commerce
permits that were obtained under the City's
declaration of emergency to permanent
status. - Consider criteria for transitioning
spaces for Public vs. Private outdoor use. -
Consider the structural, materials, safety and
other criteria for temporary vs. permanent
outdoor spaces. - Consider costs and
benefits of private outdoor spaces adjacent
to specific businesses on customer access,
parking availability, parking revenues, and
all other factors. - Consider Merchant opt-out
vs. opt-in: To encourage and support the use
of outdoor commerce, upon the conclusion
of the City declaration of emergency, outdoor
commerce permit holders might
automatically be transitioned to permanent
permit status unless the permit holder
chooses to remove the installation, or the
City might reach out to temporary permit
Councilme
mbers
Lori Droste,
Jesse
Arreguin,
Rigel
Robinson,
Kate Harrison
2020-12-25 17:00:00 Office of Economic
Development
Completed 2020-12-25 17:00:00 2020-12-25 17:00:00 2021-04-05 11:08:42 - Melissa McDonough (Additional
comments)
Anticipated return to Council in
May 2021
2020-06-16 24 Lessons Learned in
Organizational Management
During Crisis
Refer to the City Manager to include insights
and reflections on organizational
management in any comprehensive report
regarding the City response to the COVID-19
Emergency. Information should include but
not limited to: an overview of how the City
was structured and functioned differently
during activation of the Emergency
Operations Center, the benefits and
challenges with cross departmental
collaborations, and strategies or structures
worth instituting and incorporating into future
day-to-day departmental actions and
interactions.

Councilme
mbers
Jesse
Arreguin, Kate
Harrison,
Sophie Hahn,
Susan
Wengraf
2021-01-15 17:00:00 CITY MANAGER'S
OFFICE
Completed 2021-01-15 17:00:00 2021-01-15 17:00:00 2020-10-28 16:18:36 - Mark Numainville (Additional
comments)
Presentation made and report
submitted at 10-27-2020 council
meeting
2020-10-16 15:22:51 - Melissa
McDonough (Additional
comments)
Report and presentation on 10/27
City Council Meeting Agenda
2020-07-14 14:04:25 - Melissa
McDonough (Additional
comments)
The report on our emergency
response will be provided
culminating a year of activities.
23

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Completed Short Term Referrals
1st Quarter 2022
Meeting Date Agenda
Item
Number
Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2021-01-26 11 Short Term Referral to City
Manager, Disaster and Fire
Safety Commission and
Planning Commission to
Amend Local Accessory
Dwelling Unit (ADU) Zoning
Ordinance and Berkeley's Fire
Code
Refer to the City Manager, the Disaster and
Fire Safety Commission and the Planning
Commission to evaluate and recommend to
Council within 90 days, a set of ordinance
amendments and implementation programs
to address emergency access and egress,
parking and objective development
standards for ADUs in all districts with
expedited consideration to address the
constraints presented by high fire hazard
conditions and narrow and curving roadways
in Fire Zones 2 and 3. (Attachment 1 to the
report).

Recommendations to Additional Objective
Development Standards in Zones 2 and 3: -
Zone 2 and 3 - limit the base maximum size
of newly constructed, detached ADUs to 850
sq. feet. -Zone 2 and 3 – require compliance
with front yard, side yard and open space
and coverage requirements of the applicable
zoning district.

Recommendations to amend the Fire Code: -
Prohibit parking on streets where egress and
ingress will be adversely impacted by
additional vehicles and increased population.
-Require sprinklers in new construction,
consistent with local Fire Code. -Explore
their authority under California Health and
Safety Code Sec. 13869.7 to mitigate the
adverse impacts of ADU creation in
Councilme
mbers
Susan
Wengraf,
Sophie Hahn
2021-01-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-01-28 17:00:00 2021-01-28 17:00:00 2021-11-05 13:56:59 - James Bondi (Additional comments)
Closed at Council 10/26/21
(Council heard item).
2021-06-25 15:42:18 - James
Bondi (Additional comments)
Submitted for Council 7/13/21.
2021-03-09 11 Proposed Changes to City
Council Office Budget
Expenditure and
Reimbursement Policies
(Resolution 67,992-N.S.)
prepare a change in City Council
Expenditure and Reimbursement policies
(Resolution 67,992-N.S.) to have donations
to nonprofit organizations made in the name
of the entire Berkeley City Council on behalf
of the citizens of Berkeley rather than from
individual Council members.

Councilme
mbers
2021-03-15 17:00:00 City Clerk Completed 2021-03-15 17:00:00 2021-03-15 17:00:00 2021-11-03 16:41:56 - Mark Numainville (Additional
comments)
See Item 3 from 10/26 agenda.

New templates posted and
distributed to Council.
2020-12-15 32 Deferral of Remaining Permit
Fees for 2009 Addison Street
Refer to the City Manager to conduct a
feasibility analysis and develop an MOU with
the Berkeley Repertory Theater to defer
$720,000 in remaining permit and inspection
fees for Berkeley Repertory Theater's
housing project at 2009 Addison Street
(leaving flexibility for timing, setting of
interest, schedule of payments, and fund
sources).

Councilme
mbers
Jesse
Arreguin,
Susan
Wengraf
2021-03-31 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-03-31 17:00:00 2021-03-31 17:00:00 2021-06-25 15:18:31 - James Bondi (Additional comments)
MOU on fee deferrals executed
by COuncil in 2021, Econ. Devt
lead department./
2021-02-05 11:19:27 - Melissa
McDonough (Additional
comments)
The Planning and Development
Department has started to
analyze the permit service center
fund and staff are meeting with
Berkeley Rep to discuss the
deferral referral.
2016-07-12 27 Refer to City Manager to
Consider Applying for
$100,000 from the Better
Together Resilient
Communities Grant Program
That the City Manager consider applying for
the $100,000 grant that PG&E's Better
Together Resilient Communities grant
program will offer in the beginning of 2017.

Council
member
Kriss
Worthington
2021-06-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-06-28 17:00:00 2021-06-28 17:00:00 2021-06-25 15:30:16 - James Bondi (Additional comments)
Was in process of completion
before the referral was made.

Completed immediately after.
2016-05-31 22 City Manager Referral:

Council
member
Kriss
Worthington
2021-06-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-06-28 17:00:00 2021-06-28 17:00:00
24

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Council
member
Kriss
Worthington
2021-06-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-06-28 17:00:00 2021-06-28 17:00:00 2021-06-25 15:40:07 - James Bondi (Additional comments)
Done at Council 7/19/16
2018-09-13 18 Adopt a Resolution in Support
of Appropriate City
Enforcement Measures to
Mitigate Damages Resulting
from the Removal of Trees at
1698 University Avenue
Amended to be a referral to the City
Manager regarding enforcement of
measures to mitigate damage to the general
welfare of the City and neighborhood
resulting from the damage and subsequently-
required removal of trees at 1698 University
Avenue.

Council
member
Kate Harrison 2021-06-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-06-28 17:00:00 2021-06-28 17:00:00
2014-04-29 35 35. City Manager Referral:

Council
member
City Council
District 7
Kriss
Worthington
2021-06-28 17:00:00 PLANNING &

DEVELOPMENT
Completed 2021-06-28 17:00:00 2014-05-02 08:00:00 2021-06-25 10:49:57 - James Bondi (Additional comments)
Referral was never necessary,
TOT is collected from STRs
2021-09-14 39 Open Government
Commission
Recommendations to City
Council Regarding
Teleconferenced Meetings
Adopted the recommendation from the
Mayor in Supplemental Communications
Packet #2 to refer amendments to Appendix
C of the Rules of Procedure to the City
Manager to bring back to Council for
adoption.

Councilme
mbers
Jesse
Arreguin
2021-09-22 17:00:00 City Clerk Completed 2021-09-22 17:00:00 2021-09-22 17:00:00 2021-11-03 16:38:44 - Mark Numainville (Additional
comments)
See Item 7 from 10-12-21
agenda - Item completed
2021-09-28 0 Re-Establishing a COVID-19
Business Damage Mitigation
Fund
Refer to the City Manager to re-establish the
COVID-19 Business Damage Mitigation
Fund
in an amount up to $50,000 to provide one-
time grants to small businesses who
experience property damage due to
vandalism and other problematic behavior
during
this COVID-19 local State of Emergency.

Authorize the City Manager to appropriate
funding for the
Mitigation Fund from Berkeley Relief Fund
donations received through the East Bay
Community Foundation.

Councilme
mbers
Jesse
Arreguin
2021-10-04 17:00:00 CITY MANAGER'S
OFFICE
Completed 2021-10-04 17:00:00 2021-10-04 17:00:00
2018-09-13 31 Short-Term Referral to City
Manager re: Emergency
Standby Officers
Qualifications

Referral to the City Manager to consider the
following suggestions for requirements and
qualifications for Emergency Standby
Officers and return to Council within 90 days
with recommendations.

Council
member
Susan
Wengraf,
Jesse
Arreguin,
Sophie Hahn
2021-11-04 17:00:00 City Clerk Completed 2021-11-04 17:00:00 2021-11-04 17:00:00 2021-11-03 16:49:48 - Mark Numainville (Additional
comments)
Completed with Reso 68830 on
4/23/19
2017-09-12 33 Voter Registration Forms in
All City Buildings on Their
Main Floors
Direct the City Manager to provide voter
registration forms on the main floor of all
designated city buildings that are open to the
public and in all Community based
organizations within the city limits.

Council
member
Cheryl Davila,
Kate Harrison,
Sophie Hahn
2021-11-04 17:00:00 City Clerk Completed 2021-11-04 17:00:00 2021-11-04 17:00:00 25

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16.10.100 of the Berkeley Municipal Code to
include Standards for Testing and
Certification of DAS Antennas and return to
the City Council within 60 days.

Council
member
Susan
Wengraf
2022-01-03 17:00:00 City Attorney Completed 2022-01-03 17:00:00 2022-01-03 17:00:00 26

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INFORMATION CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Results of General Obligation Bonds:
$40,000,000 City of Berkeley 2022 General Obligations Bonds, Series B (2018 Election Measure O: Affordable Housing) (Federally Taxable)

BACKGROUND
Measure O Bonds. At an election held on November 6, 2018, more than two-thirds of the voters of the City approved a proposition, designated as Measure O, authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $135,000,000 for the purpose of providing funds for the acquisition and improvement of affordable housing.

On April 16, 2020, the City issued the initial series of Measure O Bonds with a par amount of $38,000,000.

On April 26, 2022, the City Council authorized the issuance of the second series of Measure O Bonds (Resolution No. 70,330-N.S.).

RESULTS
Measure O Bonds. On May 10, 2022, the City issued its $40,000,000 City of Berkeley 2022 General Obligation Bonds, Series B (2018 Election Measure O: Affordable Housing) (Federally Taxable), which was the second series of bonds under the Measure O authorization.

The Measure O bonds were sold in a competitive sale to Raymond James & Associates, Inc. The total financing costs for the transaction totaled $432,800, including $170,000 of general financing costs and $262,800 for underwriting fees and expenses.

The competitive sale resulted in an all-inclusive interest rate (including all transaction costs) of 4.91%.

Page 1 of 2 ends

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Results of Measure O Bonds INFORMATION CALENDAR
Affordable Housing June 14, 2022

Page 2 ends

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:

None

Page 2 of 2 ends

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INFORMATION CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Update on the Implementation of Fair and Impartial Policing Task Force Recommendations

INTRODUCTION
On February 23rd, 2021 during a City Council Special Meeting, Council referred the recommendations from the Mayor’s Fair and Impartial Policing (FIP) Task Force to the Berkeley Police Department for implementation. Quarterly updates were requested by Council and the last quarterly update was provided on March 8, 2022.

CURRENT SITUATION AND ITS EFFECTS
This report provides a quarterly update on the implementation of the Task Force recommendations. Implementation of the FIP Task Force recommendations remains a priority of the Berkeley Police Department. The Professional Standards Division is responsible for managing the project of implementing the recommendations.

Implementation of the recommendations has necessitated the amendment of departmental policies and establishment of new protocols. As part of the process, members of BPD have met on several occasions with Council and Mayor representatives, Police Review Commission and now Police Accountability Board members, FIP Task Force members, and the Police Accountability Board Subcommittee on FIP recommendation implementation. During these meetings, the substance and progress on the implementation of the recommendations were discussed and BPD has been provided feedback and background on the various intentions with each respective recommendation.

Page 1 of 9 ends

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Progress of the Implementation of FIP Recommendations INFORMATION CALENDAR June 14, 2022

Page 2 ends

The following outlines the specific Task Force recommendations and the respective progress:

Implement a New Evidence-Based Traffic Enforcement Model Task Force Recommendations:
 Focusing the basis for traffic stops on safety
Implementation:

Officers have been provided data regarding primary collision factors and have been directed to enforce those violations wherever they are observed. In addition to focusing on enforcement of primary collision factor violations, sworn personnel are also expected to make investigative stops related to criminal intelligence and information brought forth by the community or our investigations. BPD has implemented and conducted departmental training on a three-prong approach that focuses on primary collision factors, community member reports of dangerous driving or safety issues and community caretaking. Community caretaking considers safety violations that aren’t always noted as the primary collision factor but can be a significant contributing factor in serious collisions.

Status:

Recommendation implementation complete and evaluation and transparency efforts are ongoing. Training for all sworn personnel has concluded. The Traffic Division and the National Highway Traffic Safety Administration continuously collect and provide the Berkeley Police Department with data on primary collision factors and statistics on violations that impact public safety. This data provides officers with current information on what to educate the community on and what violations to focus enforcement towards. The department will continue to review and evaluate data on traffic offenses that affect community safety. This will drive the primary focus on ongoing enforcement and education efforts. Information related to this recommendation is now shared with the public via BPD’s Transparency Hub. Additionally, the focus of traffic enforcement will be formalized as a departmental directive via relevant policy updates.

Task Force Recommendation:
 Use a clear, evidence-based definition for stops of criminal suspects Implementation:

The Police Department is establishing a precision based policing model that considers data and public safety. This model aims to reduce the number of stops that studies have shown had minimal impact on public safety.

Data driven-tools that enable close to real-time dashboard tracking of calls for service demands have been provided to the Community Services Bureau and Patrol Watch Commanders to help guide officers in their enforcement focus.

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The Police department is also exploring the feasibility of a system that employs a feedback loop with information flowing both ways. The current system provides the tracking of calls for service with the goal of call analysis for patrol deployment strategies; the feedback loop would provide information back to the Community Services Bureau and provide an accountability measure so strategies can be evaluated.

Status:

Implementation in Progress. The goal is to have data-driven approaches to violence prevention programs and real time crime and call analysis for patrol deployment strategies. The Police Department continues to develop and deploy data-driven tools to enhance a precision-based policing model and approach to enforcement stops. Ensuring that we implement approaches that identify and work to reduce racial disparities will be a cornerstone to our evidence-based approaches. The Berkeley Police Department will continue to only use race and ethnicity as determining factors in stops only when paired with clear, evidence- based criteria. The Department’s newly launched Transparency Hub will streamline the collection and dissemination of police data. The development of this system will allow for exploration of different evidence-based approaches.

Task Force Recommendation:
 Reaffirming and clarifying that the Berkeley Police Department will only use race and ethnicity as determining factors in stops only when paired with clear, evidence-based criteria.

Implementation:

Penal code 13519.4 is existing California law that prohibits racial profiling. BPD Policy 401 (Fair and Impartial Policing) also prohibits racial profiling. Section 401.2 explicitly states, “Officers shall not consider race, ethnicity, national origin, gender, age, religion, sexual orientation/identity or socio-economic status in establishing either reasonable suspicion or probable cause, or when carrying out other law enforcement activities…”
The above policies were reviewed in light of the task force recommendations and found to affirm and clarify police officer responsibilities in stops.

Status:

Recommendation implementation complete and ongoing efforts include: BPD will continue to conduct ongoing training in topics such as implicit bias, racial profiling, and procedural justice concepts. BPD will hold all members to Departmental Policies, especially those strictly and clearly prohibiting racial profiling. Further, stops will be information and evidence based. The BPD Data Analyst Team will continue to develop tools to focus internal efforts using

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evidence and information and share data publicly about enforcement and related results.

Implement Procedural Justice Reforms
Task Force Recommendation:
 Refer amendments to existing BPD policy and the creation of an Early Intervention System (EIS) related to traffic, bike and pedestrian stops.

Implementation:

The current Early Warning System was originally issued in 2004 and revised in 2008. The system mandates the monitoring of officer’s behavior and performance to include, but not limited to attendance, complaints, use of force incidents, and other factors. The Early Warning System serves as a program that identifies and address behavior or training issues before they become a disciplinary matter. Amendments have been made to our existing policy to including the monitoring of stop data for individual officers.

Status:

Implementation complete via issuance of updated policy reflecting recommendations. Pursuant to the FIP recommendation and after meeting with the FIP task Force stakeholders, language was added to the current Early Warning System policy to include data around traffic, bicycle, and pedestrian stops as a category that supervisors will consider for early intervention if merited.

Ongoing efforts include implementing new systems for the monitoring of officer’s individual stop data by their respective supervisors. The Audits and Inspections Sergeant will also conduct separate and random quarterly audits of officer’s stop data, complaints, uses of force incidents and other factors and report the findings to the Chief of Police. The results of the audits will be provided to the Police Accountability Board.

Task Force Recommendation:
 Adopt a policy to require written consent for all vehicle and residence searches and update the consent search form in alignment with best practice and community feedback.

Implementation:

A revised written consent form has been created and amendments have been made to our existing search and seizure policy to require written consent for all consent searches. The Department has implemented the collaborative feedback from the Police Accountability Board into the redesigned Consent Search Form.

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Status:

Implementation completed via issuance of updated form reflecting recommendations.

Task Force Recommendation:
 Limit warrantless searches of individuals on supervised release status such as Post Release Community Supervision (PRCS), probation, or parole.

Implementation:

On February 10, 2021, updates were completed on Policy 311. Sections 311.5 and 311.6 were modified to reflect the above limitations to warrantless searches.

The above policies were reviewed and modified in line with the task force recommendations and departmental goals to build trust and collaborate with the community to address crime and safety concerns.

Status:

Recommendation implemented. The update to Policy 311 limits the searches conducted on individuals on supervised release status. On April 18, 2022, the Public Safety Committee made a recommendation for a policy change to this recommendation. The suggested language change has been submitted to the City Attorney’s Office for review and the item is currently on the Council Agenda for July 2022.

Task Force Recommendation:
 Address Profiling by Proxy (PAB Policy Development, Dispatcher Training).

Implementation:

The Communications Center Operation Manual has been amended to address handling cases involving profiling by proxy. All dispatchers have reviewed the amended manual and are instructed to be cognizant and screen for profiling by proxy calls.

Status:

Recommendation implemented. Berkeley Police Department will continue to educate and train dispatchers on how to identify and address biased based reporting. Officers and supervisors are also expected to screen profiling by proxy calls. The Department as a whole will continue to seek out and train on anti-bias, implicit bias, and profiling by proxy topics to strengthen our ability to identify and address biased based reporting.

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Task Force Recommendation:
 Fire racist police officers identified through social media and other media screens.

Implementation:

The following existing policies dictate procedures for investigating employees in this area; these policies adhere to due process and Government Section 3300:

Policy 1029 (Employee Speech, Expression and Social Networking) provides accountability to employee personal social media posts. Section 1029.4(b) states “Speech or expression that, while not made pursuant to an official duty, is significantly link to, or related to, the Berkeley Police Department and tends to compromise or damage the mission, function, or reputation of professionalism of the Berkeley police Department or its employee.

PR 232 (Controversial Discussion), PR 235 (Acts –Statements-By employees), PR 238 (Organizational Membership), and PR 250 (enforcement of Law, Impartiality) are also policies that provide accountability for any racist behaviors.

The above policies were reviewed in light of the task force recommendations and found to provide necessary authority to investigate allegations of racism.

Departmental policy clearly identifies discrimination based upon a person’s race as misconduct, and requires reporting and prompt investigating of any allegation of racism. Any employee who becomes aware of or observes any discrimination on the basis of a protected class is required to notify a supervisor by the end of their shift or within 24 hours if they are off duty.

Status:

Recommendation implemented, however the Berkeley Police Department is committed to continuing to explore additional lawful methods to identify and address potentially racist behaviors or actions by our members. If at any time the police department becomes aware of any issues related to these concerns, the matter would be thoroughly investigated and employees will be held accountable.

Task Force Recommendation:
 Require regular analysis of BPD stop, search, and use of force data; Implementation:

The Open Data Portal (ODP) is a public facing website that gives the public access to police data and is accessible through the City’s website. This allows for open and independent analysis and review to foster police accountability and transparency.

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The Department will not only collect and report on stop, search and use of force data, but will regularly analyze the data via the Data Analyst Team. That analysis will at a minimum help direct policy, training, and resource allocation.

Status:

Implementation of recommendation complete and the Department will continue ongoing evaluation and data sharing. BPD is committed to transparency and is continuously exploring different ways to provide the public with access to more police data. The Transparency Hub that will facilitate independent review and analysis of police data. This hub was launched after several community and internal stakeholder groups had an opportunity to view and collaborate on design. The Transparency Hub hosts BPD's Open Data Portal along with tools to help the public visualize and analyze the department's data, including interactive dashboards summarizing stop and search data, calls for service, and use of force data. The Transparency Hub updates in near-real time and gives the public access to datasets reaching further back in time than had been available. In the next phase of implementation there will be a 'Crime Mapper' page on the Transparency Hub that will include additional data on cases.

Task Force Recommendations:
 Make resources on police-civilian encounters more publicly available such as through RAHEEM.org;
 For any individual detained, BPD officers shall provide a business card with information on the commendation and complaint process with the Police Accountability Board and the Berkeley Police Department, Internal Affairs Bureau.

Implementation:

BPD Officers provide business cards to all detained individuals with information, a QR code and links to the BPD website which provide community members with information on making a commendation or complaint about an interaction with BPD. In addition to the information on how to make a complaint, a link is provided to the ACLU webpage containing information on police-civilian encounters.

Status:

Recommendation implemented. All business cards will continue to be printed with the above information. These resources ensure police accountability as well as provide ways the community can comment on the service BPD has provided.

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Refer the following recommendations summarized below to the Reimagine Public Safety process
Task Force Recommendations:
 Create a formalized feedback system to gauge community response to ongoing reforms and ensure this constructive input system is institutionalized with the Police Review Commission or its successor and includes a basic report card and quarterly neighborhood check-ins; Conduct a baseline community survey
Implementation:

BPD actively supported and participated in the work of the Reimagine Public Safety Task Force by providing data and information, answering questions, providing hands-on experience and discussing opportunities, impacts and effects of recommendations. Several community surveys were conducted by consultants as part of the overall Reimagine Public Safety process.

Status:

Initial implementation complete. To support feedback systems, the Berkeley Police Department will be seeking ongoing community input and feedback around reform efforts via the Transparency Hub.

Acknowledge and reaffirm the following recommendations summarized below that are already underway
Task Force Recommendation:
 BPD released stop, arrest, calls for service and use of force data from 2012 to present to the Working Group;
Implementation:

The police department released the requested historical data in December of 2020. BPD stop, arrest, and calls for service data are regularly updated in the Open Data Portal and will be updated in near real time on the Transparency Hub.

Status:

Recommendation implemented.

Task Force Recommendation:
 Fund and implement a specialized care unit for mental health crises; Implementation:

The City has contracted with a consulting firm, RDA Consulting, to conduct a feasibility study for a specialized care unit. The study has concluded.

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Status:

Implementation in progress and being managed by the Health, Housing and Community Services (HHCS) Department. While the work to create a Specialized Care Unit continues, three community-based contracts managed by HHCS have been initiated to provide interim services.

Task Force Recommendation:
 Conduct a Capacity Study of police calls and responses and use of officer time outside of case work.

Implementation:

The City’s Auditor’s report was released which analyzed Computer Aided Dispatch data. Recommendations from this analysis were provided to the Police Department and findings were referred to the Reimagine Public Safety Task Force.

Status:

Implementation in progress. An assessment of overall staffing levels as well as patrol beat specific analysis has been referred to the budget process via the Council’s direction on Reimagining Public Safety. Internally the Data Analyst Team has been directed to continue their work to refine the way and type of data that is collected, and analyze available data to support the likely upcoming consultant work.

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

POSSIBLE FUTURE ACTION
The Police Department will continue to work toward the full implementation of the Task Force recommendations.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Staff time and additional training time to be determined at a later date.

CONTACT PERSON
Jennifer Louis, Interim Chief of Police, (510) 981-5700

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 ● Fax: (510) 981-6760 Email: [email protected] ● Website: http://www.CityofBerkeley.info/auditor

INFORMATION CALENDAR
June 14, 2022
To: Honor
able Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: City Auditor’s Office 2021 Peer Review Results

INTRODUCTION
The Association of Local Government Auditors (ALGA) has again issued an opinion that the City Auditor’s Office’s internal quality control system was suitably designed and operating effectively to provide reasonable assurance of compliance with Government Auditing Standards for the period of November 1, 2018 to October 31, 2021.

CURRENT SITUATION AND ITS EFFECTS
Auditors from Fairfax County, VA and the Transportation Authority in Orange County, CA completed an External Quality Control Review (peer review) of our internal quality control system. They followed the ALGA Peer Review Guide standards and guidelines in examining our system, including our efforts for ongoing monitoring and improvement.

The peer reviewers examined seven projects representing 100 percent of our audits and 80 percent of our auditing hours over the peer-review period. They also reviewed a selection of our non-audit service assessments in which we evaluated the impact of those services on our audits and identified safeguards for maintaining independence. It is in the opinion of the peer review team that our internal quality control system was adequately designed and operating effectively to provide reasonable assurance of compliance with Government Auditing Standards for the period of November 1, 2018 to October 31, 2021.

Strengthening Auditor Accountability and Oversight
The peer reviewers noted one area where our office can strengthen our internal control systems. The Payroll Audit Division is part of the City Auditor’s office and performs important payroll functions. Audits require independence and the reviewers noted that due to independence issues, we are unable to conduct performance audits of payroll, which is an important city function. Our office will look for methods of strengthening independence to perform payroll-related audits in the future.

City Auditor’s Office Areas of Excellence
The peer review team recognized our commitment to a high-standard of audit quality by identifying areas in which we excel:

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 Employing highly-qualified audit staff.
 Ensuring staff skills are maintained through training. The peer review team noted that Berkeley’s staff training far exceeds the minimum continuing professional education standards.
 Developing well-organized workpapers and procedures that demonstrate adherence to Government Auditing Standards.

The efforts of many led to the peer reviewer’s positive opinion and our ability to demonstrate a commitment to audit excellence. I would like to thank the following for their current and past contributions:
 Ann-Marie Hogan, Former City Auditor whose unwavering belief in the value of Government Auditing Standards provided continuous support of a well-designed and effective internal quality control system.
 I would also like to thank current and former staff: Erin Mullin, Senior Auditor; Caitlin Palmer, Senior Auditor; Alejandra Barrio-Gorski, Auditor I; Pauline Miller, Auditor I; Kendle Kuechle, Auditor I; Claudette Biemeret, Former Audit Manager; Tracy Yarlott- Davis, Former Auditor II; Farkhad Askarov, Former Auditor II.

BACKGROUND
The Berkeley City Charter requires our audits to be performed in accordance with government auditing standards and those standards require that we undergo a peer review every three years. The City Auditor’s Office has consistently passed peer reviews since its first review in 1997.

Government Auditing Standards help ensure that government auditors maintain competence, integrity, objectivity, and independence in planning, conducting, and reporting their work.

Auditors enhance their credibility by following standards so their work leads to improved government management, decision making, and oversight.

ENVIRONMENTAL SUSTAINAB ILITY
The peer review team maintained workpapers in electronic format, which greatly reduced the use of paper and ink. There are no other identifiable environmental effects or opportunities associated with the subject of this report.

POSSIBLE FUTURE ACTION
We will explore ways to address the challenge raised by the peer reviewers to allow for future audits of payroll in compliance with the Government Auditing Standards.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
None known at this time.

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CONTACT PERSON
Jenny Wong, City Auditor (510) 981-6750
Attachments:
1: 2021 External Quality Control Review of the Berkeley City Auditor’s Office Final Report

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Communications

All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

Records Online
https://records.cityofberkeley.info/

To search for communications associated with a particular City Council meeting using Records Online:

1. Select Search Type = “Public – Communication Query (Keywords)”

2. From Date: Enter the date of the Council meeting

3. To Date: Enter the date of the Council meeting (this may match the From Date field)

4. Click the “Search” button

5. Communication packets matching the entered criteria will be returned

6. Click the desired file in the Results column to view the document as a PDF

Berkeley City CouncilJune 14, 2022

Berkeley City Council
June 14, 2022