Berkeley City Council
April 11, 2023

ORDINANCE NO. -N.S.

LEASE AMENDMENT TO CAZADERO PERFORMING ARTS CAMP FOR THE PROPERTY AT 5385 CAZADERO HWY, CAZADERO, CA 95421
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1.

The City Manager or designee is hereby authorized to execute an amendment to a lease agreement, with Cazadero Performing Arts Camp, for the property at 5385 Cazadero Hwy, Cazadero, CA 95421. Such lease amendment shall be on substantially the same terms as set forth in Exhibit A.

Section 2.

On December 15, 2020, Council adopted the final list of projects for implementation in Phase 2 of the Measure T1 Infrastructure Bond Program. The main provisions of this amendment to authorized the disbursement of Measure T1 Funds, up to $400,000 to Cazadero Performing Arts Camp for implementation of projects list in Phase 2. This amendment provides funds for Cazadero Performing Arts Camp to manage and complete the City’s required improvements.

Section 3.

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

Exhibit A: Lease Amendment

Exhibit A: Lease Amendment

AMENDMENT TO LEASE AGREEMENT

This lease amendment (“Amendment”) is made as of ____ May 2023 between the CITY OF BERKELEY (“Landlord”) and Cazadero Performing Arts Camp (“Tenant”), who agree as follows:

This Amendment is made with reference to the following facts and objectives, to which Landlord and Tenant respectively acknowledge and agree:

A. Landlord and Tenant entered into a Lease Agreement effective March 1, 2021 (“Lease”) to use and manage the Landlord’s property located at 5385 Cazadero Hwy, Cazadero, CA 95421 (“Cazadero Camp”), as set forth in the Lease. A copy of the Lease is attached hereto as Exhibit A.

B. The Initial Term of the Lease expires on December 31, 2045, subject to a 10-year option to renew.

C. The Lease provides for specified Capital Improvements and Repairs at Cazadero Camp.

1. Tenant is required to complete property improvements as set forth in Table 1 of the Lease during the first 10 years of the Term. The cost of such Tenant property improvements is estimated at $815,843.

2. Landlord agreed to make its best efforts to complete property improvements as set forth in Table 2 of the Lease and further agreed that inability to fund such property improvements on or before February 28, 2026 would entitle Tenant to a rent reduction for the period from March 1, 2026 through February 28, 2031. The cost of such Landlord property improvements is estimated at $404,710.

D. On December 15, 2020, Landlord’s City Council adopted the final list of projects for implementation in Phase 2 of the Measure T1 Infrastructure Bond Program; the project list includes dining hall and ADA improvements at Cazadero Camp with a budget allocated of $400,000 (“Cazadero Camp T1 Funds”).

E. Landlord and Tenant agree that the most cost-effective and timely way to complete the Cazadero Camp dining hall and ADA improvements is for Tenant to implement those improvements subject to approval and oversight by Landlord.

Therefore, Landlord and Tenant agree to amend the Lease as follows:

1. Section 3. “Capital Improvements and Repairs”, subsection c., of the Lease is deleted in its entirety and replaced by the following:
c. Landlord will disburse Cazadero Camp T1 Funds in an amount not to exceed $400,000 to Tenant, and Tenant shall use such funds to manage and complete the property improvements set forth in Table 2. Landlord and Tenant agree that such disbursement of the Cazadero Camp T1 Funds satisfies Landlord’s obligations towards capital improvements under the Lease.

The Cazadero Camp T1 Funds will be disbursed according to the following schedule:
 Tenant will develop project scopes and budgets to complete the property improvements set forth in Table 2 and submit it to Landlord for review.  Upon Landlord’s approval of each project scope and budget, the lesser of 75% of the estimated project costs or $300,000 will be advanced.  Tenant will submit to Landlord all permits, invoices, and payment receipts.  The lesser of any remaining project costs actually incurred or $100,000 will be paid to Tenant upon completion each project, subject to Landlord’s inspection and approval.

Tenant expressly acknowledges and agrees that all work must be completed in time for Landlord to disburse payments by December 31, 2025. Tenant further expressly acknowledges and agrees that total payments will not exceed $400,000. Notwithstanding the foregoing, if any of the capital improvements set forth in Table 2 cannot be completed solely with the Cazadero Camp T1 Funds, Landlord and Tenant shall meet and negotiate in good faith to identify the best strategy for completing the work.

IN WITNESSS WHEREOF, City and Lessee have executed this Amendment as of the date written on the first paragraph above.

CITY OF BERKELEY
By:

__________________________ ________________________________ City Manager City Attorney

REGISTERED BY:

__________________________ ________________________________ City Auditor Deputy City Clerk

LESSEE:

________________________________

BY:

Title:

_________________________________
City of Berkeley Business License No.

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

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Department of Parks, Recreation, and Waterfront Subject: Contract: Power Engineering Construction for the Selective Timber Pile Replacement Project at the Berkeley Marina

RECOMMENDATION
Adopt a Resolution:

1. Approving the plans and specifications for the Berkeley Marina Selective Pile Replacement Project (Bid Specification No. 23-11567-C); and

2. Accepting the bid of Power Engineering Construction as the lowest responsive and responsible bidder on the Project; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Power Engineering Construction, for the Berkeley Selective Piling Replacement Project, in an amount not to exceed $3,175,000, which includes a contract amount consisting of base bid plus allowance of $2,710,690 and a 17.13% contingency in the amount of $464,310.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the following budgets: FY 2023/ FY 2024 CIP Fund (Fund 501), FY 2023 Measure T1 Fund Phase 2 (Fund 511), and FY 2024 Marina Fund (Fund 608).

We will partially encumber the contract amount in FY 2023 and encumber the remaining balance when funding is available in FY 2024. No other funding is required, and no other projects will be delayed due to this expenditure.

Power Engineering Construction (lowest bid) $2,710,690

17.13% Contingency $464,310 Total construction cost $3,175,000

POWER ENGINEERING CONSTRUCTION for Berkeley Marina Selective Timber Pile Replacement Project CONSENT CALENDAR
April 11, 2023

Budget by Fund FY 2023 FY 2024 Total
CIP (Fund 501) $1,050,000 $650,000 $1,700,000
Measure T1 (Fund 511) $1,200,000 $1,200,000
Marina Fund (Fund 608) $275,000 $275,000
Total $2,250,000 $925,000 $3,175,000

CURRENT SITUATION AND ITS EFFECTS
Berkeley Marina Selective Timber Pile Replacement Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

On January 20, 2023, the Berkeley Marina Selective Timber Pile Replacement Project was advertised for competitive bids. On February 23, 2023, three (3) bids were received (See Attachment 2: Bid Abstract Summary). Staff reviewed the bid results and the Contractor’s references, and has determined that the bid from Power Engineering Construction is the lowest responsive and responsible bidder.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Contractor will submit a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the successful bidder and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement.

Construction is expected to begin in June, 2023 and be completed by October, 2023.

BACKGROUND
The Berkeley Marina is one of the largest marinas in the East Bay. It is a highly valued community resource offering recreational opportunities and open space amenities for both local residents and visitors throughout the Bay Area. It contains a range of facilities: a hotel, restaurants, marina-related offices, 1,000 boat slips, the historic Berkeley Municipal Pier, and the trails and open space at Cesar Chavez Park and McLaughlin Eastshore State Park.

The purpose of this project is to replace selective treated timber piles throughout the marina with new, more durable, biologically inert concrete piles. Many timber piles within the marina have failed, breaking at the waterline or below. These failed piles have caused damage to city infrastructure and privately-owned boats and leave slips that could be generating revenue out of service.

In 2020 the City hired a consultant to perform a pile condition assessment for all piles within Berkeley Marina. Of 228 timber piles throughout the marina, 67 were found to

POWER ENGINEERING CONSTRUCTION for Berkeley Marina Selective Timber Pile Replacement Project CONSENT CALENDAR
April 11, 2023

have major or severe damage, or were stubs. An additional 41 were found to be in moderate condition. This project will replace 58 of the most damaged piles, remove 14 broken hazardous piles, install one new pile in a new location, and repair one pile beneath a restroom building with a fiberglass jacket.

This project encompasses removing failed timber piles and replacing them with new concrete piles in locations where piles have suffered major damage and provide the most structural benefit to the docks. New piles guides will be installed at the end of finger docks to allow for the new piles. The new piles will reinforce the docks, allowing them to withstand tidal fluctuations, inclement weather, and waves.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit, US Army Corps of Engineers Permit, and San Francisco Bay Regional Water Quality Control Board Permit.

RATIONALE FOR RECOMMENDATION
This project is part of the City’s ongoing effort to update and maintain the deteriorated infrastructure at the Berkeley Marina.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
2: Bid Abstract Summary

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

CONTRACT: ENGINEERING CONSTRUCTION FOR THE BERKELEY MARINA

SELECTIVE TIMBER PILE REPLACEMENT PROJECT
WHEREAS, existing treated timber piles in the Berkeley Marina are failing and are in need replacement to continue to provide structural stability to the docks; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids was duly advertised on January 20, 2023, bids were opened on February 23, 2023, and the City received three (3) bids; and WHEREAS, the bid from Power Engineering Construction was the lowest responsive, responsible bid of $2,710,690, and references for Power Engineering Construction were provided and checked out satisfactorily; and
WHEREAS, funding is available in the FY 2023/ FY 2024 CIP Fund (Fund 501), FY 2023 Measure T1 Fund Phase 2 (Fund 511), and FY 2024 Marina Fund (Fund 608).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specification No. 23-11567-C for the Berkeley Marina Selective Timber Pile Replacement Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Power Engineering Construction for the Berkeley Marina Selective Timber Pile Replacement Project in an amount not to exceed $3,175,000, which includes a contract amount consisting of base bid plus allowance of $2,710,690 and a 17.13% contingency in the amount of $464,310 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

April 11, 2023

Attachment 2 - Bid Abstract

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

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 10785 Amendment: West Coast Arborist, Inc for Tree Removal and Pruning Service

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 10785 with West Coast Arborist, Inc. for tree removal and pruning service by increasing the contract amount by $100,000 for a not-to-exceed amount of $1,290,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment of $100,000 is available in the Fiscal Year (FY) 2023 Parks Tax Fund budget allocation (138-52-542-566-0000-000-461-612990).

CURRENT SITUATION AND ITS EFFECTS
The City currently has a contract with West Coast Arborist to perform various tree services, primarily consisting of tree and stump removals and tree pruning throughout the city on the public right of way, street medians, pathways, and in public parks. To date, staff has identified trees to be removed and pruned to maintain a healthy urban forest and to improve public safety. A contract amendment for this work will bring the contract total to a not to exceed $1,290,000.

BACKGROUND
In September of 2017, the City conducted a competitive bidding process to solicit tree removal and pruning services (Specifications No. 17-11124-C). On September 28,2017 the City received four bids. West coast Arborists, Inc. received the best score according to the criteria described in the Request For Proposals. The City determined that West Coast Arborist Inc. was a qualified firm and executed contract No. 10785. In March of 2020, the contract terms were extended from November 26, 2020 to November 25, 2022 and the contract value increased from $640,000 to $940,000 as provided in Resolution No. 68,189-N.S. In September 2021 the contract value increased from $940,000 to $1,190,000 and extended to November 24, 2023 as provided in Resolution No. 70,022-N.S.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The maintenance of the urban forest is essential in meeting the City’s Climate Action Goals in the form of carbon sequestration, oxygen production, and storm water retention.

Donation: Memorial Bench at the Berkeley Marina – Sophia Pritzos CONSENT CALENDAR April 11, 2023

RATIONALE FOR RECOMMENDATION
Staff has identified trees to be removed at various parks, on City paths, and along the public right of way which will reduce the risk of hazardous trees and improve public safety.

Staff has also identified trees to be pruned to improve the health and safety of the urban forest. The City does not have the in-house labor or equipment resources to complete these jobs in an efficient manner. Staff determined that West Coast Arborist, Inc. meets the requirements of the contract and this service will expand the capacity to respond to emergencies, such as extreme or prolonged storms.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 981-6632
Dan Gallagher, Senior Forestry Supervisor, 981-6687
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

CONTRACT NO. 10785 AMENDMENT: WEST COAST ARBORIST, INC. FOR TREE

REMOVAL AND PURNNING SERVICE
WHEREAS, the Urban Forestry Unit of the Parks, Recreation and Waterfront Department contracts with private companies for the removal of public trees that are dead, diseased, dying, hazardous to life or property, or causing substantial property damage; and the pruning of specific public trees to improve their safety and WHEREAS, on September 28, 2017, the City determined that West Coast Arborists, Inc received the best score according to the criteria described in the Request For Proposals; and
WHEREAS, in March of 2020, the contract terms were extended from November 26, 2020 to November 25, 2022 and the contract value increased from $640,000 to $940,000 as provided in Resolution No. 68,189-N.S.; and
WHEREAS, in September of 2021, the contract value increased from $940,000 to $1,190,000 and extended to November 24, 2023 as provided in Resolution No. 70,022- N.S.; and
WHEREAS, staff has identified trees to be removed or pruned to improve the health and safety of the urban forest; and
WHEREAS, funding for this contract amendment of $100,000 is available in the Fiscal Year (FY) 2023 budget from the Parks Tax Fund (138-52-542-566-0000-000-461- 612990).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract amendment with West Coast Arborists, Inc. in the amount not to exceed $100,000 for a total contract amount not to exceed $1,290,000. A record signature copy of said contract amendment to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Accept Grant Funding From the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Award Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or designee, to accept the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Award. The total funding awarded to the Berkeley Police Department is $106,014.48 for the period July 01, 2022, to December 1, 2025. Funds for the grant will be used to enhance officer wellness and resilience by providing mental health resources.

FISCAL IMPACTS OF RECOMMENDATION
There is no fiscal impact for adopting the authorizing resolution to accept funding. There is no match requirement and/or leveraging of funds requirement. The total funding available for this project is $106,014.48, which will be deposited and expensed from the One-Time Grant: No Capital Expenditure revenue budget code: 336-71-704-816-0000- 000-000-432110. The grant funding was received in March 2023. If this grant funding is approved by the City Council, the BPD anticipates appropriating up to $70,000 in FY 2023 as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance to support contracts and related training. The remaining $36,014.48 will be appropriated as part of the FY 2024 Mid-Biennial Budget Update Annual Appropriations Ordinance. The technical start date of the grant term aligns with the effective date of the Budget Act of 2022 (Assembly Bill 178, Chapter 45, Statutes of 2022) that made appropriations for the 2022-2023 fiscal year.

CURRENT SITUATION AND ITS EFFECTS
Securing BCSS grant funding is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared City. The funding will allow BPD to prioritize employee well-being, which aligns with recommendation 5.2, Invest in Mental & Physical Health Services for Employees on the City Manager’s Employer of Choice Roadmap.

Currently, the Berkeley Police Department contracts with The Psychological Safety Family Counseling Group (PSFCG) for crisis intervention and critical incident stress

Accept Grant Funding From the Board of State and
Community Corrections (BSCC) Officer Wellness and
Mental Health Grant Award Program CONSENT CALENDAR
April 11, 2023

management services. While the contract does provide ongoing training for Peer Support Team members, this service is generally reactionary and triggered by an event that has caused potential trauma to our employees. In order to be proactive in advocating for the mental health and resilience of our employees, it is imperative that we continue to add to our wellness toolkit by adding programs that have a successful track record of addressing the stressors of police work.

BACKGROUND
The Berkeley Police Department lost an officer to suicide in July 2017. The impact of the loss on our organization was tremendous. As an agency, we are continually looking for opportunities to invest in the mental and emotional wellbeing of our employees. Data shows that police officers are at a heightened risk for suicide, due to experiencing such risk factors as exposure to violence, suicide, or other job-related stressors; depression, anxiety, or other mental illness; substance abuse; domestic abuse; access to means to kill oneself and poor physical health. Police Department employees face stress on a daily basis, but the inability to de-stress or decompress has serious consequences for their overall health.

In November 2017, BPD implemented a Wellness and Resilience Group to find ways to address the physical, emotional, mental and financial struggles some of our employees have shouldered alone. The Wellness Group members are comprised of both sworn and professional staff who meet monthly. Members of the Wellness Group have attended wellness seminars across the United States in an effort to bring the most valuable information back to our employees. This team has researched ways to incorporate a healthy lifestyle and mindfulness into the daily lives of police department employees. The Department has also sent officers to training seminars such as Blue Courage and Mindful Badge to provide education into mindfulness-based stress reduction.

In 2020, BPD contracted with the Psychological Services Group, now PSFCG, for critical incident stress management, and peer support training. In 2021, with the guidance of PSFCG staff, we adopted a new peer support policy, and created and trained new peer support officers. Peer Support Team members are available 24/7 in the event of a critical incident and to provide resources to employees in need.

In June 2021, BPD participated in a National Wellness Survey for public safety personnel. The survey was conducted by the U.S. Marshals Service, Fairfax County PD, and Nova Southeastern University. The survey was designed to assess the impact of public safety work on individual well-being. Of the 199 employees (sworn officers and public safety dispatchers) invited to complete the survey, 48 (24%) participated. The survey found in part that 52% of respondents indicated some degree of depression, 73% were feeling discouraged about the future, 10% received scores representing clinical significance on the PTSD checklist, 60% reported being bothered by a stressful event or experience within the past month, and 44% reported trouble with sleep.

Accept Grant Funding From the Board of State and
Community Corrections (BSCC) Officer Wellness and
Mental Health Grant Award Program CONSENT CALENDAR
April 11, 2023

The data indicates that BPD must remain vigilant in the pursuit of providing ongoing and intentional wellness and mental health services to our employees to build healthy habits from day one in the career. This will aid in the reduction of stigma around seeking help and will also foster a climate of well-being for our employees.

The Officer Wellness and Mental Health Grant Program through BSCC, has provided $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The allocations of funds was determined by the number of peace officers employed by BPD. There are 394 agencies receiving funds from this grant program.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None identified.

RATIONALE FOR RECOMMENDATION
The purpose of this grant funding is to establish or expand officer wellness units, peer support units, services provided by a license mental health professional, counselor or other professional that works with law enforcement, expand multiagency mutual aid programs focused on officer wellness and mental health, or other programs and services that are evidence-based or have a successful track record of enhancing officer wellness.

This grant will enable to BPD to acquire additional wellness and mental health services for our police officers at this critical time. Officers are pushed to capacity due to low staffing levels, the social pressures involved in navigating a career in law enforcement in today’s evolving culture, and the trauma of everyday police work.

ALTERNATIVE ACTIONS CONSIDERED
If we do not accept the grant, it will be returned to the state’s general fund. BPD would be limited to City funds to develop and implement new wellness and mental health solutions.

CONTACT PERSON
Lieutenant Jen Tate, Police, Traffic Bureau, (510) 981-5983 Attachments:
1: Resolution: Board of State and Community Corrections Grant Award 2: BSCC Grant Announcement

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

ACCEPTANCE OF BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) OFFICER WELLNESS AND MENTAL HEALTH GRANT FY2022/2023
WHEREAS, the Budget Act of 2022 made appropriations for the support of state government for the 2022-2033 fiscal year; and
WHEREAS, in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001, Officer Wellness and Mental Health Grant funding has been made available to all city and county law enforcement agencies employing officers descried in Section 830.1 of the Penal Code; and
WHEREAS, funding allocation and disbursement of grant funds was announced by BSCC Chair Linda Penner in a memo that was sent to all police chiefs and sheriffs; and WHEREAS, the Berkeley Police Department has been awarded $106,014.48 from BSCC for the purpose of improving officer wellness and expanding mental health sources, which will directly benefit the well-being of Berkeley police officers; and WHEREAS, the grant funding was received in March 2023. If this grant funding is approved by the City Council, the BPD anticipates appropriating up to $70,000 in FY 2023 as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance to support contracts and related training. The remaining $36,014.48 will be appropriated as part of the FY 2024 Mid-Biennial Budget Update Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is hereby authorized to accept the funding, and any follow up amendments with the Board of State and Community Corrections for the BSCC Officer Safety and Wellness in an amount of $106,014.48 for the term of July 1, 2022 through December 1, 2025.

Peace and Justice Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.cityofberkeley.info/manager

CONSENT CALENDAR
APRIL 11, 2023
To: Honorable Mayor and Members of the City Council
From: Peace and Justice Commission
Submitted by: Grace Morizawa, Chairperson, Peace and Justice Commission Subject: Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses
RECOMMENDATION:

Adopt a resolution that the City of Berkeley Council support the Tuesday March 21, 2023 nation-wide day of action to tell banks to divest from fossil fuel projects, and encourage Berkeley’s residents to support and participate in local actions on that date.

CURRENT SITUATION AND ITS EFFECTS:

The national group, Third Act, founded by activist Bill McKibben to rally older Americans against climate change, will hold a series of intergenerational rallies on Tuesday, March 21, 2023 to which the general public is invited, with the following purpose: to “make visible the invisible connection between cash and carbon. We will pressure the big, dirty fossil-fueled banks – Bank of America, Chase, Citibank, and Wells Fargo – to move their investments out of fossil fuels by moving our money out of their banks;” and nearby rallies will take place at Piedmont Avenue and 41st Street in Oakland at 9:30 AM and in Albany, San Francisco, Sacramento, San Rafael, Sebastopol, and other locations. 1000 Grandmothers for Future Generations is among the groups participating in the March 21 rallies, and the Grandmothers state: “We are elder women and allies stepping up to the urgency of the climate crisis. We act in support of the rights of Native Americans and other frontline communities. We believe that we cannot address the climate crisis without addressing systemic racism. That is what climate justice means to us.”
At its regular meeting February 6, 2023, the Peace and Justice Commission adopted the following recommendation proposing City Council support the Day of Action on March 21 and encourage Berkeley’s residents to participate in local actions.

M/S/C: Jaqulin, Lippman.

Ayes: Jacqulin, Lippman, Lee, Leon-Maldonado, Morizawa.

Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses Consent Calendar
April 11, 2023
Noes: None.

Abstain: Gussmann, Maran.

Absent: Bohn.

FISCAL IMPACTS OF RECOMMENDATION
None

ENVIRONMENTAL SUSTAINABILITY
According to the Environmental and Energy Study Institute, “Air pollution from burning fossil fuels can cause multiple health issues, including asthma, cancer, heart disease, and premature death. Globally, fossil fuel pollution is responsible for one in five deaths.

In the United States, 350,000 premature deaths in 2018 were attributed to fossil fuel- related pollution. The annual cost of the health impacts of fossil fuel-generated electricity in the United States is estimated to be up to $886.5 billion…. “The environmental and health impacts of fossil fuels disproportionately harm communities of color and low-income communities. Black and Latinx Americans are exposed to 56 and 63 percent more particulate matter pollution, respectively, than they produce.”

BACKGROUND
On May 30, 2017, after revelations about illegal behavior by Wells Fargo, today one of the major investors in climate-destroying loans, the Berkeley City Council resolved to divest from Wells Fargo and to re-invest in financial institutions that “adhere to fair, socially and environmentally responsible banking.”

RATIONALE FOR RECOMMENDATION
The National Whistleblower Campaign states that “while fossil fuel companies and deforestation-linked companies are the primary drivers of climate change, most companies in these industries could not operate without support from major financial institutions. Banks provide loans that allow these companies to expand, and investment banks also provide underwriting services that help companies to issue new stocks and obtain debt financing through corporate bonds.
“In the five years since the Paris Agreement was signed, the world’s 60 largest commercial banks have provided more than USD 3.8 trillion for fossil fuels through lending and underwriting. Since the Paris Agreement was signed, financial institutions have also increased their funding for commodities linked to deforestation by 40%, providing USD 153.9 billion in financing for forest-risk commodities.”

ALTERNATIVE ACTIONS CONSIDERED
None

Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses Consent Calendar
April 11, 2023

CITY MANAGER
The City Manager takes no position on this recommendation.

CONTACT PERSON
Grace Morizawa, Chairperson, Peace and Justice Commission Okeya Vance-Dozier Commission Secretary, (510) 981-7239 Attachment 1: Resolution

Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses Consent Calendar
April 11, 2023
RESOLUTION NO. ##,###-N.S.

Resolution Supporting March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses

WHEREAS, the Peace and Justice Commission advises the City Council on all matters relating to the City of Berkeley's role in issues of peace and social justice (Berkeley Municipal Code Chapter 3.68.070); and
WHEREAS, according to the Environmental and Energy Study Institute, 1 “Air pollution from burning fossil fuels can cause multiple health issues, including asthma, cancer, heart disease, and premature death. Globally, fossil fuel pollution is responsible for one in five deaths. In the United States, 350,000 premature deaths in 2018 were attributed to fossil fuel-related pollution. 2 The annual cost of the health impacts of fossil fuel-generated electricity in the United States is estimated to be up to $886.5 billion….3 “The environmental and health impacts of fossil fuels disproportionately harm communities of color and low-income communities. Black and Latinx Americans are exposed to 56 and 63 percent more particulate matter pollution, respectively, than they produce;”4 and
WHEREAS, the National Whistleblower Campaign states that “while fossil fuel companies and deforestation-linked companies are the primary drivers of climate change, most companies in these industries could not operate without support from major financial institutions.5 Banks provide loans that allow these companies to expand, and investment banks also provide underwriting services that help companies to issue new stocks and obtain debt financing through corporate bonds….
“In the five years since the Paris Agreement was signed, the world’s 60 largest commercial banks have provided more than USD 3.8 trillion for fossil fuels through 1 “Fact Sheet | Climate, Environmental, and Health Impacts of Fossil Fuels,” Dec. 17, 2021, https://www.eesi.org/papers/view/fact-sheet-climate-environmental-and-health-impacts-of-fossil-fuels- 2021
2 “Fossil fuel air pollution responsible for 1 in 5 deaths worldwide,” Harvard T.H. Chan School of Public Health, Center for Climate Change and the Global Environment, Feb. 9. 2021, https://www.hsph.harvard.edu/c-change/news/fossil-fuel-air-pollution-responsible-for-1-in-5-deaths- worldwide/
3 “Economic value of U.S. fossil fuel electricity health impacts,” NIH National Library of Medicine, Feb. 2013, https://pubmed.ncbi.nlm.nih.gov/23246069/
4 “Inequity in consumption of goods and services adds to racial–ethnic disparities in air pollution exposure,” National Academy of Sciences, March 11, 2029 https://www.pnas.org/doi/10.1073/pnas.1818859116
4 https://www.clientearth.org/media/w1qdlnmk/clientearth-position-paper-to-the-ec-deforestation-public- consultation.pdf
5 https://www.whistleblowers.org/the-role-of-banking-in-climate-change/

Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses Consent Calendar
April 11, 2023
lending and underwriting. 6 Since the Paris Agreement was signed, financial institutions have also increased their funding for commodities linked to deforestation by 40%, providing USD 153.9 billion in financing for forest-risk commodities;”7 and WHEREAS, on May 30, 2017, after revelations about illegal behavior by Wells Fargo, today one of the major investors in climate-destroying loans, the Berkeley City Council resolved to divest from Wells Fargo and to re-invest in financial institutions that “adhere to fair, socially and environmentally responsible banking;”8 and WHEREAS, the national group Third Act, founded by activist Bill McKibben to rally older Americans against climate change, will hold a series of intergenerational rallies on Tuesday, March 21, 2023 to which the general public is invited, with the following purpose:
to “make visible the invisible connection between cash and carbon. We will pressure the big, dirty fossil-fueled banks – Bank of America, Chase, Citibank, and Wells Fargo – to move their investments out of fossil fuels by moving our money out of their banks;” 9 and nearby rallies will take place at Piedmont Avenue and 41 st Street in Oakland at 9:30 AM and in Albany, San Francisco, Sacramento, San Rafael, Sebastopol, and other locations;10 and
WHEREAS, 1000 Grandmothers for Future Generations is among the groups participating in the March 21 rallies, and the Grandmothers state: “We are elder women and allies stepping up to the urgency of the climate crisis. We act in support of the rights of Native Americans and other frontline communities. We believe that we cannot address the climate crisis without addressing systemic racism. That is what climate justice means to us.”11
6 “The Role of Banking in Climate Change,” Published by a consortium of environmental groups including the Sierra Club, Indigenous Environmental Network and Rainforest Action among others. March 24, 2021. https://www.bankingonclimatechaos.org/bankingonclimatechaos2021/ 7 https://www.clientearth.org/media/w1qdlnmk/clientearth-position-paper-to-the-ec-deforestation-public- consultation.pdf
8 “Policy not to do business with financial institutions that employ unethical practices, invest in environmentally unsustainable endeavors and practices that undermine the health and rights of Indigenous people and those of disadvantaged populations, and to end all financial relationships with Wells Fargo,” May 30, 2017, Berkeley City Council,
https://records.cityofberkeley.info/PublicAccess/paFiles/cqFiles/index.html; search fields: Search Type:
“Resolution Query”; Search Terms: “Fargo”; Search Start and End dates: 5-30-2017 9 https://thirdact.org/
and
https://vtdigger.org/2021/09/02/bill-mckibben-launches-third-act-to-rally-older-americans-around-climate- change/
10 https://thirdact.org/national-day-of-action/
11 1000 Grandmothers for Future Generations,
https://www.1000grandmothers.com/#:~:text=1000%20Grandmothers%20for%20Future%20Generations &text=We%20are%20elder%20women%20and,crisis%20without%20addressing%20systemic%20racism

Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses Consent Calendar
April 11, 2023
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley supports the Tuesday March 21, 2023 nation-wide day of action to tell banks to divest from fossil fuel projects, and encourages Berkeley’s residents to support and participate in local actions.

Sugar-Sweetened Beverage
Product Panel of Experts (SSBPPE)
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Sugar-Sweetened Beverage Product Panel of Experts Commission Submitted by: Joy Moore, Chairperson, SSBPPE Commission Subject: Allocation of $3 Million Over Two Years, FY 2024 and FY 2025, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs).

RECOMMENDATIONS
Adopt a Resolution allocating $3 million from the General Fund in FY2024 (July 1, 2023 through June 30, 2024) and FY2025 (July 1, 2024 through June 30, 2025) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $3 million will be distributed in two installments of $1.5 million per year for FY2024 and FY2025. In each of these years, the funds will be distributed as follows:
a. Direct the City Manager to award up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs. The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding (Attachment 2). b. Direct the City Manager to award at least 42.5% of the allocated funds through an RFP process managed by HHCS/PHD for grants to community- based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants (Attachment 3). c. Direct the City Manager to utilize up to 15% of the allocated funds to support HHCS/PHD to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates

Allocation of $3 Million Over Two Years, FY2024 and FY2025, to Reduce CONSENT CALENDAR Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs) April 11, 2023

process and outcome data from the epidemiologist resulting from the SSBPPE Commission funding program as well as pay certain City of Berkeley Finance Department costs related to the sugary drink tax.

POLICY COMMITTEE RECOMMENDATION
On February 23, 2023, the Budget and Finance Committee took the following action:

M/S/C (Harrison/Arreguín) To forward the item to Council with a Qualified Positive Recommendation to approve staff’s recommendation, with an additional amount of $35,590 in FY24 and FY25, and any additional revenues beyond the projected amounts being prioritized for grants. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
Measure D, passed in November of 2014, created two provisions, namely: a) a 1 cent per ounce tax on sugary drinks distributed in Berkeley and b) creation of a Panel of Experts Commission. The collection of this tax commenced in May of 2015 and is being deposited into the City’s General Fund. The SSBPPE Commission’s recommendation to Council for allocation of $3 million for FY2024 and FY2025 is independent of the amount of tax collected from the distribution of SSB in Berkeley. This request will create a liability of $3 million for the City’s General Fund in FY2024 and FY2025.

CURRENT SITUATION AND ITS EFFECTS
On October 20, 2022, the SSBPPE Commission approved the recommendation to the Berkeley City Council for allocation of $3 million for the period FY2024 and FY2025, to be made available to invest in grants programs to reduce the consumption of sugary drinks and address the health consequences of the consumption of sugary drinks and moved to adopt their recommendation to Council as follows:

Key elements of the resolution include:
1) Direct the City Manager to award up to 42.5% of the allocated funds to BUSD through a grant proposal to reduce the consumption of SSBs. 2) Direct the City Manager to award at least 42.5% of the allocated funds through an RFP process managed by the HHCS/PHD for grants to community-based organizations consistent with the SSBPPE Commission’s goals. 3) Direct the City Manager to utilize up to 15% of the allocated funds to support HHCS/PHD to:
a. Coordinate and monitor the grant process,
b. coordinate the overall program evaluation, and
c. produce an annual report that disseminates process and outcome data from the epidemiologist resulting from the SSBPPE Commission funding program as well as,
d. pay certain City of Berkeley Finance Department costs related to the sugary drink tax.

Allocation of $3 Million Over Two Years, FY2024 and FY2025, to Reduce CONSENT CALENDAR Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs) April 11, 2023

Action: Motion to update the SSBPPE Commission City Council recommendation from December 15th, 2020: 1) update dates; 2) background as needed, and recommendations; 3) maintain the same recommendation for funding; 4) and recommending the City Manager to utilize up to 15% of the allocated funds to support the COB Public Health Division and Finance Department fees related to the Sugar- Sweetened Beverage Soda Tax.

Votes: Ayes – Rose, Moore, Hecht, Morales, Scheider; Noes – None; Abstain – None; Absent – Browne, Crawford, Rodriguez.

BACKGROUND
A Brief History of Measure D
In November of 2014, the Berkeley voters passed Measure D, which requires both the collection of a 1 cent per ounce tax on the distribution of sugary drinks in the City of Berkeley AND the convening of a Panel of Experts (the Sugar Sweetened Beverage Products Panel of Experts--SSBPPE) to recommend investments to both reduce the consumption of sugary drinks as well as to address the health consequences of the consumption of sugary drinks.

In addition to nearly three years of a global pandemic, our nation, our state, and our community face a major public health crisis. Diabetes, obesity, and tooth decay have been on the rise for decades. Although no group has escaped these epidemics, children, as well as low income communities and communities of color have been and continue to be disproportionately affected. While there is no single cause for the rise in diabetes, obesity, and tooth decay, there is overwhelming evidence of the link between the consumption of sugary drinks and the incidence of diabetes, obesity, heart disease, and tooth decay.

Sugary drinks such as soft drinks, energy drinks, sweetened teas, and sport drinks offer little or no nutritional value, but contribute massive quantities of added sugar. A single 20-ounce bottle of soda, for instance, typically contains the equivalent of approximately 16 teaspoons of sugar. Before the 1950s, the standard soft-drink bottle was 6.5 ounces.

In the 1950s, larger size containers were introduced, including the 12-ounce can, which became widely available in 1960. By the early 1990s, 20-ounce plastic bottles had become the norm. At the same time, hundreds of millions of dollars have been spent in an ongoing massive marketing campaign, which particularly targets children and people of color. In 2006 alone, nearly $600 million was spent in advertising to children under

18. African American and Latinx children are also aggressively targeted with advertisements to promote sugar-laden drinks.

The resulting impact on consumption should not be surprising. The average American now drinks nearly 40 gallons of sugary drinks a year. In the past 20 years, the prevalence of obesity in adults increased from 30.5% to 42.4%, and the prevalence of severe obesity increased from 4.7% to 9.2%. During this time, the prevalence of obesity

Allocation of $3 Million Over Two Years, FY2024 and FY2025, to Reduce CONSENT CALENDAR Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs) April 11, 2023

among youth (aged 2–19 years) increased from 13.9% to 19.3%, and the prevalence of severe obesity increased from 3.6% to 6.1%. The problem is especially acute with children in California. From 1989 to 2008, the percentage of children consuming sugary drinks increased from 79% to 91% and the percentage of total calories obtained from sugary drinks increased by 60% in children ages 6 to 11. This level of consumption has had tragic impacts on community health. Type 2 Diabetes –previously only seen among adults –is now increasing among children. If the current obesity trends are not reversed, it is predicted that one in three children and nearly one-half of Latinx and African American children born in the year 2000 will develop type 2 diabetes in their lifetimes.

Our community has not been immune to the challenge of unhealthy weight gain and obesity. According to the 2018 City of Berkeley Health Status Report, over a quarter of Berkeley’s 5th and 7th grade students (all race/ethnicities) are overweight or obese.

Berkeley has a lower proportion of 5th and 7th grade children who are overweight or obese (29.4%) compared to children in Alameda County (35.3%) but has a higher proportion compared to California (26.8%). However, a higher proportion of African- American children are overweight or obese in Berkeley compared to Alameda County or California.

Tooth decay has meaningful impact on health, especially for children. In fact, tooth decay is the most common childhood disease, experienced by over 70% of California’s 3rd graders. Children who frequently or excessively consume beverages high in sugar are at increased risk for dental cavities. Dental problems are a major cause of missed school days and poor school performance as well as pain, infection, and tooth loss in California.

COVID-19
Of relevance today are the jarring statistics on the higher risk and severity of COVD-19 related to the social determinates of health for persons of color. Latinx and Black communities are disproportionately affected by COVID-19. Health disparities, as documented in the Annual Health Reports from the Berkeley Health Department, were an important impetus in the rationale for Measure D as well as the proposed use of revenues from Measure D. SSB consumption is directly related to the health conditions observed with higher rates of COVID-19. The link between SSB consumption and diabetes, obesity and heart disease and the relationship of these conditions to increased risk of COVID-19 makes heightens the critical nature of the SSB tax and its revenues to the reduction of health disparities in Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
When sugary drink consumption decreases due to the direct investments in programs and activities, the SSBPPE Commission expects that there will be a reduction to the City’s waste stream.

Allocation of $3 Million Over Two Years, FY2024 and FY2025, to Reduce CONSENT CALENDAR Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs) April 11, 2023

RATIONALE FOR RECOMMENDATION
This two-year grant period supports comprehensive strategies to: a) reduce access to SSBs, b) improve access to water, c) limit marketing of SSBs to children, and d) implement education and awareness campaigns with specific populations. The two- year grant period will also indicate the City of Berkeley’s commitment to reducing the consumption of SSBs and improving the health of Berkeley residents, particularly those most impacted by obesity, diabetes, tooth decay, and heart disease. The funding will allow grantees to develop interventions that include education, policy, systems and environmental changes with measurable outcome data and evaluation to show the rise in public awareness about the harmful impacts of SSBs, reduce consumption of SSBs over time, and decrease the health risks among residents of Berkeley.

To have the greatest impact, the SSBPPE Commission recommends that the following populations be prioritized:
a) Children and their families with a particular emphasis on young children who are in the process of forming lifelong habits,
b) Children and young adults living in households with limited resources, c) Groups exhibiting higher than average population levels of type 2 diabetes, obesity, heart disease, and tooth decay rates,
d) Groups that are disproportionately targeted by the beverage industry marketing, e) Pregnant women,
f) Berkeley-based organizations that serve any or all of the above populations.

ALTERNATIVE ACTIONS CONSIDERED
The Commission did not identify an alternative action which is consistent with the City’s

CITY MANAGER
See City Manager companion report.

CONTACT PERSON
Roberto Terrones, MPH, Commission Secretary, HHCS, (510) 510-981-5324

ATTACHMENTS

1. Resolution

2. SSBPPE Commission’s Criteria for BUSD Funding

3. SSBPPE Commission’s Criteria for Community Agencies Funding

..

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

ALLOCATION: $3 MILLION TOTAL FOR SUGAR-SWEETENED BEVERAGE CONSUMPTION AND REDUCTION GRANT PROGRAM IN FY2024 AND FY2025 WHEREAS, the consumption of sugar-sweetened beverages (“SSB”) in Berkeley is impacting the health of the people in Berkeley; and
WHEREAS, in FY2024 and FY2025, the City Council awarded a total of $3 million upon the recommendation of the SSBPPE Commission to demonstrate the City’s long-term commitment to decreasing the consumption of SSB and mitigate the harmful impacts of SSB on the population of Berkeley; and
WHEREAS, many studies demonstrate that high intake of SSB is associated with risk of Type 2 Diabetes, obesity, tooth decay, and coronary heart disease; and WHEREAS, the above conditions are all demonstrated to increase both the severity of COVID19 related illness and risk of death; and
WHEREAS Latinx and Black communities are disproportionately affected by COVID-19; and
WHEREAS, hundreds of millions of dollars have been spent in an ongoing massive marketing campaign, which particularly targets children and people of color; and WHEREAS, an African American resident of Berkeley is 14 times more likely than a White resident to be hospitalized for diabetes; and
WHEREAS, 40% of 9th graders in Berkeley High School are either overweight or obese; and
WHEREAS, tooth decay is the most common childhood disease, experienced by over 70% of California’s 3rd graders; and
WHEREAS, in 2012, a U.S. national research team estimated levying a penny-per-ounce tax on sweetened beverages would prevent nearly 100,000 cases of heart disease, 8,000 strokes, and 26,000 deaths over the next decade and 240,000 cases of diabetes per year nationwide.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to allocate $3 million from the General Fund to be disbursed in two (2) installments of $1.5 million in FY2024 and $1.5 million in FY2025 and invested as follows:

1. Allocate up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened

beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs for the period, July 1, 2023 to June 30, 2025; and

2. Allocate at least 42.5% of the allocated funds through a RFP process managed by the Public Health Division for grants to community-based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSB and to address the effects of SSB consumption for the period, July 1, 2023 to June 30, 2025; and

3. Allocate up to 15% of the allocated funds to support the Berkeley Public Health Division (BPHD) to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates process and outcome data resulting from the SSBPPE Commission funding program as well as City of Berkeley Finance Department fees related to the sugary drink tax.

A records signature copy of the said agreement and any amendments to be on file in the Office of the City Clerk.

Attachment 2
SSBPPE Commission’s Criteria for BUSD Funding
The Berkeley Unified School District will be required to provide the following information and comply with the requirements listed in order to receive funding.

A. Describe how you will reach the following priority populations:
a. Children and their families; preschool through high school; b. Children and young adults living in households with limited resources; c. Groups exhibiting higher than average population levels of type 2 diabetes, obesity, and tooth decay;
d. Groups that are disproportionately targeted by the beverage industry marketing.

B. Include how the proposal meets the following requirements:
a. Proposal reflects approval from the BUSD School Board. b. BUSD will not sell or serve sugar-sweetened beverages (as defined by the SSB tax) at any BUSD schools or campuses.
c. Awarded funding will not supplant BUSD FY22 and FY23 General Fund allocations.
d. Funded projects will publicly reflect support from Healthy Berkeley Program.
e. Funded projects and programs will include evaluation of their process and outcomes.
f. The proposal timelines and budgets will be specific, measurable, achievable, realistic, and time bound (SMART).

C. Include specific goals for how the BUSD proposal meets the following scoring criteria:
a. Decrease access to SSBs and/or improve access to drinking water. (15%) b. Increase or strengthen SSB policies in school and outside of school. (15%)
c. Support the annual administration of the Berkeley adapted Youth Risk Behavior Survey to evaluate student’s SSB
knowledge, consumption, access, and policy perceptions. (20%) d. To document how students at all grade levels and in priority populations are included. (10%)
e. To document policy elements that will last beyond the grant period. (15%) f. Proposal budget matches the work plan and is appropriate. (10%) g. To document how BUSD will be able to communicate SSB educational and policy efforts to parents and/or the Berkeley community (15%)

Attachment 3
SSBPPE Commission’s Criteria for Community Agencies Funding Community-based organizations will be required to provide the following information in order to be considered for funding.

A. Describe your strategies that address the goals and objectives of this funding including:
a. Transforming the systems, policies, environments, structures, and norms that underlie sugary drink consumption.
b. Developing community capacity to improve health by transforming systems, policies, environments, structures, and norms through increasing leadership potential of community members and young people, especially those serving priority populations.
c. Supporting community programming designed to change norms to support consumption of healthy food and beverages.
d. Providing health screenings and chronic disease prevention with a focus on dental health.
e. Impacting sugary drink marketing and retail environments (i.e., availability, promotion, price, placement in convenient stores, and advertising), especially those that disproportionately target priority populations.

B. Include specific goals for how your project with meet the following scoring criteria
a. The proposal aims to decrease consumption of sugary drinks, increase access to drinking water, and/or address health effects from consumption of sugary drinks (25%).
b. The proposal reaches people and communities in the priority populations. (25%).
c. Project provides lasting impact beyond the grant period: i.e. builds organizational and community capacity and/or changes systems and policies, and environments related to SSBs. (25%).
d. The proposal includes a plan for communicating efforts, activities, and/or successes to the larger Berkeley community. (15%). e. Proposal budget matches the work plan and is appropriate. (10%)

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

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director of Finance
Lisa Warhuus, Director of Health, Housing and Community Services Subject: Companion Report: Allocation of $3 Million Over Two Years, FY2024 and FY2025, to Reduce Consumption and Health Impacts of Sugar- Sweetened Beverages (SSBs).

RECOMMENDATIONS
Adopt a Resolution allocating $2 million from the General Fund in FY2024 (July 1, 2023 through June 30, 2024) and FY2025 (July 1, 2024 through June 30, 2025) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $2 million will be distributed in two installments of $1 million per year for FY2024 and FY2025. The funds will be distributed as follows:
a. Direct the City Manager to award up to $712,000 of the allocated funds to Berkeley Unified School District (BUSD) for the period, July 1, 2023 to June 30, 2025 through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs. The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding (Attachment 1).
b. Direct the City Manager to award at least $712,000 of the allocated funds for the period, July 1, 2023 to June 30, 2025 through an RFP process managed by HHCS/PHD for grants to community-based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants (Attachment 2).

Companion Report: Approve Funding Recommendation for Programs CONSENT CALENDAR to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) April 11, 2023

c. For the period, July 1, 2023 to June 30, 2025, direct the City Manager to allocate $125,000 to fund Finance Department costs for staffing and MuniServices fees and $451,000 to HHCS/PHD for staffing, operating and consulting costs to coordinate and monitor the grant process, manage resulting contracts awarded, support activities aligned with the goal of the sugary beverage tax, including the Healthy Retail Checkout ordinance, and provide an annual presentation to the SSBPPE Commission that includes process and outcome data and updates on Finance Department fees related to the sugary drink tax for the SSBPPE Commission to inform the development of the Commission’s annual report.
d. Carryover any sugary drink tax revenue received in excess of $2 million during FY2024 and FY2025 to be awarded for related services in FY2025 – FY2027.

POLICY COMMITTEE RECOMMENDATION
On February 23, 2023, the Budget and Finance Committee took the following action:

M/S/C (Harrison/Arreguín) To forward the item to Council with a Qualified Positive Recommendation to approve staff’s recommendation, with an additional amount of $35,590 in FY24 and FY25, and any additional revenues beyond the projected amounts being prioritized for grants. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
Based on the recent trends of the sugar-sweetened beverage tax (shown below), the projections for the upcoming Fiscal Years 2024 and 2025 indicate that the expected revenue would be approximately $1 Million for each year (projections will be revised after the mid-year revenue numbers are analyzed). This trend is consistent with the expected success of the sugar-sweetened beverage tax, as it encourages Berkeley residents and consumers to purchase and consume less sugar-sweetened beverages. 2015 2016 2017 2018 2019 2020 2021 2022 2023(1stQtr) 2024 2025 2026 Gross Revenue 242,986 1,757,272 1,578,389 1,517,949 1,606,178 1,378,196 995,387 1,047,802 301,663 990,210 1,010,014 1,030,214 Fiscal Year
PROJECTEDACTUALS (As of September 2022)
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
2,000,000
2015 2016 2017 2018 2019 2020 2021 2022 2023(1stQtr) 2024 2025 2026 ACTUALS (As of September 2022) PROJECTED

Companion Report: Approve Funding Recommendation for Programs CONSENT CALENDAR to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) April 11, 2023

The $3 million allocation recommended by the Commission would require the City to identify $1 million in City General Funds in addition to the sugar-sweetened beverage tax revenue projected to support related programs.

CURRENT SITUATION AND ITS EFFECTS
In November of 2014, the Berkeley voters passed Measure D, which requires both the collection of a 1 cent per ounce tax on the distribution of sugary drinks in the City of Berkeley and the convening of a Panel of Experts —(SSBPPE) to recommend investments to both reduce the consumption of sugary drinks as well as to address the health consequences of the consumption of sugary drinks.

As the revenues decrease due to the success of the sugar-sweetened beverage tax, it is essential to continue strategies to further promote healthier behaviors and decrease the consumption of sugar sweetened beverages. Community based partnerships have been a positive force in health education and changes in policy, systems, and environmental changes that support the goals and mission of the SSBPPE.

The associated annual costs for the Finance Department’s administration of the Sugar Sweetened Beverage Tax as well as Public Health Division’s coordination and management of the RFP, the resulting contracts, and policies resulting from this work, such as the Healthy Checkout Ordinance (No. 7,734-N.S.) are outlined below. The SSBPPE’s proposed allocation amount would not be sufficient to provide the level of staffing for the evaluation recommended. Therefore, staff recommend a smaller evaluation scope using contracted evaluation resources.

Projected annual costs to address the minimum mandated activities (Finance and HHCS) Amount
Finance Department Staff (.30FTE) 41,544
MuniServices Fees (@ 2%) 20,956
Finance Department Subtotal 62,500
HHCS: Administrative Staff (estimated salary including benefits) 120,166 HHCS: Nutritionist @ 20% (estimated salary including benefits) 39,388 HHCS: Contracted Program Evaluation Consulting Services 34,000 HHCS: Other Operational Expenses (i.e. software maintenance, Commission stipends, supplies, printing, etc.) 31,946
HHCS costs subtotal 225,500
Total $288,000

BACKGROUND
Measure D, the Sugar Sweetened Beverage tax, was passed on July 1, 2014 to support the increased consumption of water and decrease the consumption of sugar sweetened beverages. As a result, allocations from the City General Fund associated with Measure D were identified for PHD to support the development and oversight of SSBPE community agency contracts, provide secretary support for the SSBPE, conduct

Companion Report: Approve Funding Recommendation for Programs CONSENT CALENDAR to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) April 11, 2023

program evaluation activities, and support any programmatic initiatives that were aligned with the purpose of Measure D.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts.

RATIONALE FOR RECOMMENDATION
This recommendation would allow the City to continue its ongoing commitment to public health, specifically reducing the consumption of sugar-sweetened beverages in Berkeley, while aligning program investment with the level of funding projected to be available. Modifying the City’s scope of work, and calculating the level of funding for City services based on the actual cost to provide those services rather than an assumed percentage of tax revenue will allow the City to implement and sustain this program.

ALTERNATIVE ACTIONS CONSIDERED
Staff appreciate the SSBPPE’s commitment to supporting programming at BUSD and the important work of community-based organizations to provide needed services. Staff did not identify an alternative recommendation which is consistent with both the projected amount of sugary beverage tax revenue and the current City costs to implement this program.

CONTACT PERSON
Henry Oyekanmi, Director of Finance (510) 981-7200
Lisa Warhuus, Director, Health Housing and Community Services (510) 981-5404 Attachments:

1. Resolution

2. SSBPPE Commission’s Criteria for BUSD Funding

3. SSBPPE Commission’s Criteria for Community Agencies Funding

4. Healthy Checkout Ordinance No. 7,734-N.S.

5. Resolution NO. 66,969-NS

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

ALLOCATION: $2 MILLION TOTAL FOR SUGAR-SWEETENED BEVERAGE CONSUMPTION AND REDUCTION GRANT PROGRAM IN FY2024 AND FY2025 WHEREAS, the consumption of sugar-sweetened beverages (“SSB”) in Berkeley is impacting the health of the people in Berkeley; and
WHEREAS, in FY2022 and FY2023, the City Council awarded a total of $2,662,506 by Resolution #66,969-NS upon the recommendation of the SSBPPE Commission to demonstrate the City’s long-term commitment to decreasing the consumption of SSB and mitigate the harmful impacts of SSB on the population of Berkeley; and WHEREAS, many studies demonstrate that high intake of SSB is associated with risk of Type 2 Diabetes, obesity, tooth decay, and coronary heart disease; and WHEREAS, the above conditions are all demonstrated to increase both the severity of COVID19 related illness and risk of death; and
WHEREAS Latinx and Black communities are disproportionately affected by COVID-19; and
WHEREAS, hundreds of millions of dollars have been spent in an ongoing massive marketing campaign, which particularly targets children and people of color; and WHEREAS, an African American resident of Berkeley is 14 times more likely than a White resident to be hospitalized for diabetes; and
WHEREAS, 40% of 9th graders in Berkeley High School are either overweight or obese; and
WHEREAS, tooth decay is the most common childhood disease, experienced by over 70% of California’s 3rd graders; and
WHEREAS, in 2012, a U.S. national research team estimated levying a penny-per- ounce tax on sweetened beverages would prevent nearly 100,000 cases of heart disease, 8,000 strokes, and 26,000 deaths over the next decade and 240,000 cases of diabetes per year nationwide.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to allocate $2 million from the General Fund to be disbursed in two (2) installments of $1 million in FY24 and $1 million in FY25 and invested as follows:

1. Allocate up to $712,000 to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs)

through the implementation and enhancement of the BUSD cooking and gardening programs for the period, July 1, 2023 to June 30, 2025; and

2. Allocate at least $712,000 through a RFP process managed by the Public Health Division for grants to community-based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSB and to address the effects of SSB consumption for the period, July 1, 2023 to June 30, 2025; and

3. For the period, July 1, 2023 to June 30, 2025, direct the City Manager to allocate $125,000 to fund Finance Department costs and $451,000 to HHCS/PHD for staffing, operating and consulting costs to coordinate and monitor the grant process, manage resulting contracts awarded, support activities aligned with the goal of the sugary beverage tax, including the Healthy Retail Checkout ordinance, and provide an annual presentation to the SSBPPE Commission that includes process and outcome data and updates on Finance Department fees related to the sugary drink tax for the SSBPPE Commission to inform the development of the Commission’s annual report.

4. Carryover any sugary drink tax revenue received in excess of $2 million during FY2024 and FY2025 to be awarded for related services in FY2025 – FY2027.

A records signature copy of the said agreement and any amendments to be on file in the Office of the City Clerk.

Attachment 2
SSBPPE Commission’s Criteria for BUSD Funding
The Berkeley Unified School District will be required to provide the following information and comply with the requirements listed in order to receive funding.

A. Describe how you will reach the following priority populations:
a. Children and their families; preschool through high school; b. Children and young adults living in households with limited resources; c. Groups exhibiting higher than average population levels of type 2 diabetes, obesity, and tooth decay;
d. Groups that are disproportionately targeted by the beverage industry marketing.

B. Include how the proposal meets the following requirements:
a. Proposal reflects approval from the BUSD School Board. b. BUSD will not sell or serve sugar-sweetened beverages (as defined by the SSB tax) at any BUSD schools or campuses.
c. Awarded funding will not supplant BUSD FY2022 and FY2023 General Fund allocations.
d. Funded projects will publicly reflect support from Healthy Berkeley Program.
e. Funded projects and programs will include evaluation of their process and outcomes.
f. The proposal timelines and budgets will be specific, measurable, achievable, realistic, and time bound (SMART).

C. Include specific goals for how the BUSD proposal meets the following scoring criteria:
a. Decrease access to SSBs and/or improve access to drinking water. (15%) b. Increase or strengthen SSB policies in school and outside of school. (15%)
c. Support the annual administration of the Berkeley adapted Youth Risk Behavior Survey to evaluate student’s SSB
knowledge, consumption, access, and policy perceptions. (20%) d. To document how students at all grade levels and in priority populations are included. (10%)
e. To document policy elements that will last beyond the grant period. (15%) f. Proposal budget matches the work plan and is appropriate. (10%) g. To document how BUSD will be able to communicate SSB educational and policy efforts to parents and/or the Berkeley community (15%)

Attachment 3
SSBPPE Commission’s Criteria for Community Agencies Funding Community-based organizations will be required to provide the following information in order to be considered for funding.

A. Describe your strategies that address the goals and objectives of this funding including:
a. Transforming the systems, policies, environments, structures, and norms that underlie sugary drink consumption.
b. Developing community capacity to improve health by transforming systems, policies, environments, structures, and norms through increasing leadership potential of community members and young people, especially those serving priority populations.
c. Supporting community programming designed to change norms to support consumption of healthy food and beverages.
d. Providing health screenings and chronic disease prevention with a focus on dental health.
e. Impacting sugary drink marketing and retail environments (i.e., availability, promotion, price, placement in convenient stores, and advertising), especially those that disproportionately target priority populations.

B. Include specific goals for how your project with meet the following scoring criteria
a. The proposal aims to decrease consumption of sugary drinks, increase access to drinking water, and/or address health effects from consumption of sugary drinks (25%).
b. The proposal reaches people and communities in the priority populations. (25%).
c. Project provides lasting impact beyond the grant period: i.e. builds organizational and community capacity and/or changes systems and policies, and environments related to SSBs. (25%).
d. The proposal includes a plan for communicating efforts, activities, and/or successes to the larger Berkeley community. (15%). e. Proposal budget matches the work plan and is appropriate. (10%)

Attachment 4

Attachment 4

Attachment 4

Attachment 5

Attachment 5

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Ben Bartlett
Subject: Support AB 40 – Improving Ambulance Patient Offload Times

RECOMMENDATION
Adopt a Resolution in support of AB 40 (Rodriguez), which develops a 20-minute statewide standard for ambulance patient offload times. Send a copy of the Resolution to Assemblymembers Freddie Rodriguez and Buffy Wicks, State Senator Nancy Skinner, and Governor Gavin Newsom.

BACKGROUND
The ambulance patient offload time (APOT), is defined as the time between when an ambulance arrives at a hospital and when the patient is transferred from the ambulance gurney to the care of the hospital. The longer the APOT, the longer an ambulance is out of service and unable to respond to other emergencies. APOTs throughout California have been increasing in recent years, even before the COVID-19 pandemic, as a result of staffing demands and high hospital occupancy. Each year, approximately 70,000 Californians wait over an hour upon arriving at a hospital on an ambulance gurney before being admitted.

In February 2023, 22.3% of APOTs at Alta Bates Hospital took more than 20 minutes.

The availability of Emergency Medical Services (EMS) transports in Berkeley has improved in recent years as a result of the purchasing of two new ambulances for Berkeley’s EMS Division in October 2021 with Measure FF Funds. However, there is a significant risk of APOTs for Berkeley patients to increase in future years as a result of a potential closure of Alta Bates. In addition to longer transit times, APOTs will likely increase due to a surge in demand at the next closest hospital, Summit, making it more difficult to provide hospital beds to incoming patients in a timely manner. According to the Alta Bates Rapid Health Impact Assessment in 2018, it will take on average an additional 10-12 minutes for an ambulance in Berkeley to transport a patient to Summit instead of Alta Bates.

In 2021, 40% of EMS calls in Berkeley were for people aged 65 of older, who make up 14% of the City’s population. People aged 65 and older is Berkeley’s fastest growing population segment, which is expected to account for 20% of the City’s population by 2030. This is expected to place additional strains on hospital and ambulance service in the future. Ensuring that proper standards are in place to accommodate future increases in demand is needed to protect the health and safety of the community.

Support AB 40 CONSENT CALENDAR
April 11, 2023

AB 40, introduced by Assemblymember Freddie Rodriguez, directs the State’s Emergency Medical Services Authority (EMSA) to develop standards to ensure a 20- minute APOT 90% of the time. It also calls on EMSA to implement an audit tool to improve the accuracy of data and provide technical assistance to support implementation of this policy by March 1, 2024.

FINANCIAL IMPLICATIONS
None.

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

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
2: Text of AB 40

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

IN SUPPORT OF AB 40
WHEREAS, swift access to emergency services is a critical and potentially lifesaving measure that is expected during a medical emergency; and WHEREAS, a key factor in getting medical treatment during a medical emergency is the ambulance patient offload time (APOT), the time between when an ambulance arrives at a hospital and when the patient is transferred from the ambulance gurney to the care of the hospital; and
WHEREAS, in recent years, APOTs throughout California have been increasing, even before the COVID-19 pandemic, as a result of staffing demands and high hospital occupancy, with approximately 70,000 Californians waiting over an hour upon arriving at a hospital on an ambulance gurney before being admitted; and WHEREAS, as of February 2023, 22.3% of patients transported to Berkeley’s Alta Bates Hospital experience an APOT of over 20 minutes, which can cause delays in getting a patient receiving medical care and longer wait times for ambulances to respond to another medical emergency; and
WHEREAS, Berkeley residents are likely to witness an increase in APOTs if Alta Bates Hospital is closed, in addition to longer transit times during medical emergencies where minutes can make the difference between life and death; and WHEREAS, Berkeley’s fastest growing population segment is people aged 65 and over, who in 2021 accounted for 40% of EMS calls, which will result in increased demand for hospital and ambulance services in the future; and
WHEREAS, AB 40, introduced by Assemblymember Freddie Rodriguez, directs the State’s Emergency Medical Services Authority (EMSA) to develop standards to ensure a 20-minute APOT 90% of the time; and
WHEREAS, ensuring that proper standards are in place to accommodate future increases in demand is needed to protect the health and safety of the community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports AB 40.

BE IT FURTHER RESOLVED that copies of this Resolution be sent to to Assemblymembers Freddie Rodriguez and Buffy Wicks, State Senator Nancy Skinner, and Governor Gavin Newsom.

AMENDED IN ASSEMBLY MARCH 15, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 40
Introduced by Assembly Member Rodriguez
December 5, 2022
An act to add Section 53112.5 to the Government Code, and to add Sections 1797.120.5, 1797.120.6, and 1797.120.7, and 1797.260 to the Health and Safety Code, relating to emergency services. legislative counsel’s digest
AB 40, as amended, Rodriguez. Emergency medical services.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.

This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require the authority to develop a statewide standard of 20

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minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024.

The bill would require the authority, on or before March 1, 2024, to establish a w orking group of v arious stakeholders to re view, update, and publish a toolkit to reduce patient offload delays in the emergency department.

The bill would require a general acute care hospital with an emergency department to develop, in consultation with its emergency department staff, an ambulance patient offload time reduction protocol by June 1, 2024, that addresses specified factors, including, among other things, mechanisms to improve hospital operations to reduce ambulance patient offload time. The bill would require the hospital to file its protocol with the authority and to report annually any revisions to its protocol. The bill would require the authority, on or after March 1, 2024, to monitor monthly ambulance patient offload time data for each facility. The bill would require the authority to, among other things, report ambulance patient offload time exceedance to the relevant local EMS agency and the Commission on Emergency Medical Services if, on or after July 1, 2024, the general acute care hospital with an emergency department has an ambulance patient offload time that exceeds the statewide standard of 20 minutes, 90% of the time.

The bill would additionally require local EMS agencies to create, in collaboration with local hospitals, a joint plan to respond to surges in demand for medical services and to submit the joint plans to the authority on or before March 1, 2024.

Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.

Existing law, the Warren-911-Emergency Assistance Act, requires each local public agency within its respective jurisdiction to establish a basic system that automatically connects a person dialing 911 to an established public safety answering point through normal telephone service facilities.
98 — 2 — AB 40

This bill would require the Emergency Services Medical Authority, on or before March 1, 2024, to develop a public education campaign related to the use of the 911 service and other tools for access to care.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 53112.5 is added to the Government line 2 Code , to read:
line 3 53112.5. On or before March 1, 2024, the Emergency Medical line 4 Services Authority shall develop, in partnership with local public line 5 health departments, a public education campaign related to use of line 6 the 911 service and other tools for access to care. This shall include line 7 public service announcements and educational material. line 8 SEC. 2. Section 1797.120.5 is added to the Health and Safety line 9 Code , to read:
line 10 1797.120.5. (a)  (1)  The authority shall develop a California line 11 Emergency Medical Services Information System requirement for line 12 an electronic signature for use between the emergency department line 13 medical personnel at a receiving facility and the Emergency line 14 Medical Technician (EMT), Advanced Emergency Medical line 15 Technician (AEMT), or Emergency Medical Technician-Paramedic line 16 (EMT-P) that captures the points in time when the hospital receives line 17 notification of ambulance arrival and when transfer of care is line 18 executed for documentation of ambulance patient offload time, as line 19 defined by Section 1797.120.
line 20 (2)   The signature shall be collected when physical transfer of line 21 the patient occurs and the report is given to hospital staff and shall line 22 note ambulance arrival time at the hospital.
line 23 (b)   The authority shall develop a statewide standard of 20 line 24 minutes, 90 percent of the time, for ambulance patient offload line 25 time.
98 AB 40 — 3 —

line 1 (c)   The authority shall develop an audit tool to improve data line 2 accuracy of transfer of care with validation from hospitals and line 3 local EMS agencies.
line 4 (d)  The authority shall provide technical assistance and funding line 5 as needed, subject to an appropriation, for small rural hospitals line 6 and volunteer EMS providers to implement this section. line 7 (e)   On or before March 1, 2024, the authority shall adopt line 8 emergency regulations to implement this section. The emergency line 9 regulations adopted pursuant to this section shall be adopted in line 10 accordance with Chapter 3.5 (commencing with Section 11340) line 11 of Part 1 of Division 3 of Title 2 of the Government Code, and, line 12 for purposes of that chapter, including Section 11349.6 of the line 13 Government Code, the adoption of the regulations is an emergency line 14 and shall be considered by the Office of Administrative Law as line 15 necessary for the immediate preservation of the public peace, health line 16 and safety, and general welfare.
line 17 SEC. 3. Section 1797.120.6 is added to the Health and Safety line 18 Code , to read:
line 19 1797.120.6. On or before March 1, 2024, the authority shall line 20 establish a w orking group of stak eholders representing hospital line 21 administration, EMS pro viders, local EMS agencies, and hospital line 22 employees in the emergency department and in the inpatient setting line 23 to re view, update, and publish a toolkit to reduce patient offload line 24 delays in the emer gency department.
line 25 1797.120.6. (a)  A licensed general acute care hospital with line 26 an emergency department shall, by June 1, 2024, develop, in line 27 consultation with its emergency department staff, an ambulance line 28 patient offload time reduction protocol that addresses all of the line 29 following factors:
line 30 (1)  Notification of hospital administrators, nursing staff, medical line 31 staff, and ancillary services that the statewide standard for line 32 ambulance patient offload time has been exceeded for one month. line 33 (2)  Mechanisms to improve hospital operations to reduce line 34 ambulance patient offload time, including, but not limited to, line 35 transfers, elective admissions, discharges, alternative care sites, line 36 supplies, improved triage and transfer systems, and additional line 37 staffing.
line 38 (3)  Systems to improve general hospital coordination with the line 39 emergency department, including consults for emergency line 40 department patients.
98 — 4 — AB 40

line 1 (4)  Direct operational changes that facilitate a rapid reduction line 2 in ambulance patient offload time to the statewide standard of 20 line 3 minutes, 90 percent of the time.
line 4 (b)  A licensed general acute care hospital with an emergency line 5 department shall file its ambulance patient offload time reduction line 6 protocol with the authority and shall annually report any revisions line 7 to its protocol.
line 8 SEC. 4. Section 1797.120.7 is added to the Health and Safety line 9 Code, to read:
line 10 1797.120.7. (a)   On or after March 1, 2024, the authority shall line 11 monitor monthly ambulance patient offload time data for each line 12 facility required to report under Section 1797.120.5. line 13 (b)  If, on or after July 1, 2024, a general acute care hospital line 14 with an emergency department has an ambulance patient offload line 15 time that exceeds the standard in subdivision (b) of Section line 16 1797.120.5, the authority shall do all of the following:
line 17 (1)  Report the ambulance patient offload time exceedance to line 18 the relevant local EMS agency and the commission via electronic line 19 means.
line 20 (2)  Direct the local EMS agency to alert all EMS providers in line 21 the jurisdiction.
line 22 (3)  Direct the licensed general acute care hospital with an line 23 emergency department to implement the ambulance patient offload line 24 time reduction protocol developed pursuant to Section 1797.120.6. line 25 (4)  Host weekly calls with the relevant hospital administration, line 26 EMS providers, local EMS agency, and hospital employees to line 27 update and discuss implementation of the protocol and the line 28 outcomes.
line 29 SEC. 4.
line 30 SEC. 5. Section 1797.260 is added to the Health and Safety line 31 Code , to read:
line 32 1797.260. Local EMS agencies shall create, in collaboration line 33 with local hospitals, a joint plan to respond to surges in demand line 34 for medical services. Local EMS agencies shall submit the joint line 35 plans to the authority on or before March 1, 2024. line 36 SEC. 5.
line 37 SEC. 6. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution because line 39 the only costs that may be incurred by a local agency or school line 40 district will be incurred because this act creates a new crime or 98 AB 40 — 5 —

line 1 infraction, eliminates a crime or infraction, or changes the penalty line 2 for a crime or infraction, within the meaning of Section 17556 of line 3 the Government Code, or changes the definition of a crime within line 4 the meaning of Section 6 of Article XIII B of the California line 5 Constitution.

O
98 — 6 — AB 40

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-[XXXX] ● TDD: (510) 981-6903 ● Fax: (510) 981-[XXXX] E-Mail: [e-mail address]

CONSENT CALENDAR
April 11, 2023
To: Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Subject: Resolution to Support AB 1001

RECOMMENDATION
Adopt a Resolution in support of Assembly Bill 1001, introduced by Assembly Member Matt Haney, and send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

SUMMARY
If adopted, Assembly Bill 1001 would require a general acute care hospital to adopt behavioral health emergency service policies related to minimum staffing requirements, response times, and data management and reporting. It would also establish the Behavioral Health Emergency Response and Training Fund to support staffing increases in general acute care hospitals.

BACKGROUND
The State’s Department of Public Health (DPH) provides licensing, regulation, and inspection of various types of health facilities, including general acute care hospitals1.

DPH upholds standards that encompass sanitation, staffing of qualified and licensed staff and services, and the use of data given to hospital officials to make informed decisions. Currently, the Department of Health Care Access and Information (DHCAI) is responsible for administering various programs with respect to health care professions and establishes various programs to facilitate the expansion of the health care workforce. The board of supervisors in each county establishes and maintains a county hospital to provide public health care services within the county, authorizing the board to prescribe rules for the hospital’s government and management, and to appoint a county physician and other necessary officers and employees of the hospital, as needed.

While both state and federal law requires health plans to provide behavioral health care treatment, there exists no policy within the context of workforce standards when providing care at acute health hospitals. California maintains no unified standard for 1 An acute care hospital can be defined as a hospital that provides inpatient medical care for those seeking or needing services in the form of surgery and/or treatment for acute medical conditions or injuries. County hospitals are the typical service providers delivering public care at the local level.

CONSENT CALENDAR
April 11, 2023

providing behavioral health emergency services at acute care hospitals with respect to staffing requirements, service delivery wait and response times, and data management and reporting to DHCAI. This may leave patients seeking behavioral health emergency services to wait for an undetermined time without no expectation that they will receive care within a set period of time. In addition, patients who seek such treatment may not receive the adequate level of care from an appropriately licensed provider, leading patients to receive inadequate or subpar services, hospitals referring out such care to off-site providers, and/or hospital systems relying on more expensive administrative and staffing methods to provide needed services.

DHCS notes that the COVID-19 pandemic has exacerbated behavioral health challenges, both in terms of mental health and substance use disorder(s), placing significant demands on the existing system of care and workforce capacity. Governor Newsom has made behavioral health a top priority for his administration, and, as such, the Department of Healthcare Services (HDCS) has updated its assessment of California’s behavioral health system2. HDCS has found that nearly one in ten California adults suffer from a substance use disorder, with another one in 20 suffering from a mental illness. Those living with the most serious behavioral health conditions are often served through the public hospital system. One in 13 suffer from serious emotional disturbance, with higher rates seen among low-income children and those who are Black and Latinx. About 43% of California residents reported it was “somewhat or very difficult” for them to obtain an appointment with a provider for a behavioral health condition who accepts their insurance. This reality places additional strains and demand on the local level to provide the most intensive care to those most needy, marginalized, and distressed, while further exasperating the limited ability to receive quality care outside private insurance providers through county hospital systems.

The lack of universal data collection and dissemination standards presents a challenge in pinpointing the exact numbers of Berkeley residents who seek behavioral health services in emergency scenarios at acute hospitals, let alone the number of residents who engage in subpar treatment experiences at these locations. Nonetheless, we know Alameda County experiences the state’s highest rate of involuntary 72-hour psychiatric holds, with John George Psychiatric Hospital viewed as the primary mental health treatment center in the County3.

To better match the level of help needed, while maintaining standards of adequacy, safety, and sanitation for staffing, services, and hospitals with the type of needs required by those being served, AB 1001 seeks to establish policies for behavioral health emergency services. It would specifically:
 require protocols to meet standards established by DPH and consist of various parameters such as minimum staffing requirements for behavioral health 2 Update provided in their report published on January 10, 2022 titled “Assessing the Continuum of Care for Behavioral Health Services in California”.
3 John George therefore receives several redirected calls for inpatient behavioral health service when patients are seen at Highland Hospital, our county’s primary acute hospital.

CONSENT CALENDAR
April 11, 2023

emergency services, procedures for response by behavioral health emergency services personnel in a timely manner, and annual training;  require the department to adopt regulations on standards for general acute care hospitals related to behavioral health emergency services;  require all hospitals to maintain records related to certain data on behavioral health emergency services provided for a period of 3 years and to report that data to the department on a quarterly basis, requiring DPH to post quarterly reports on that data on its internet website;
 establish the Behavioral Health Emergency Response and Training Fund to provide grants to qualifying applicants for the purpose of funding a new program or supporting an existing program that increases the staffing in general acute care hospitals of direct care personnel who are trained in behavioral health care and behavioral health emergency services response or intervention; and  require DPH to evaluate the program and report to the Legislature annually.

AB 1001 directly connects to our City’s commitment to building a holistic and comprehensive response to our resident’s behavioral health needs. The implementation of our new Speciated Care Unit4 is one of the many multi-pronged commitments we’ve made in our efforts to reimagining our approach to public safety.

AB 1001 would not only align with the City’s direction in responding to behavioral health crises and needs, but would also allow for the collection and analysis of treatment delivery data, and ultimately improve the standard by which our residents receive behavioral care at hospitals overseen by our county officials.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental impact.

CONTACT PERSON
Mayor Jesse Arreguín, 510-981-7100
Anthony Rodriguez, Senior Legislative Assistant
Attachments:
1: Resolution (SUPPORT OF CALIFORNIA ASSEMBLY BILL 1001) 2: Text of AB 1001 (as of March 16, 2023)
4 The Specialized Care Unit Program is currently being designed through our contract with Bonita House approved by Council in December 2022.

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

SUPPORTING ASSEMBLY BILL 1001
WHEREAS, according to statewide data, a) nearly one in ten California adults suffer from a substance use disorder, with another one in 20 suffering from a mental illness, b) one in 13 adults suffer from serious emotional disturbance, and c) roughly 43% of California residents reported it was “somewhat or very difficult” for them to obtain an appointment with a provider for a behavioral health condition who accepts their insurance; and WHEREAS, the City of Berkeley recognizes the mental health crisis exacerbated by the COVID-19 pandemic and its effects on our society’s wellbeing; and WHEREAS, the City seeks opportunities to support efforts that align with our Specialized Care Unit programming and efforts to Reimagining Public safety at brought forth at the local, regional, and state level; and
WHEREAS, the City of Berkeley calls for greater data collection, monitoring, analysis, and dissemination to understand the scope of the need for improved behavior health service delivery at acute hospital systems to better serve its residents appropriately; and

WHEREAS, Assembly Bill 50, introduced by Assembly Member Matt Haney, would amend state law to require general acute care hospitals to adopt behavioral health emergency service policies related to minimum staffing requirements, response times, and data management and reporting, and instruct the Department of Public Health to establish the Behavioral Health Emergency Response and Training Fund to support staffing increases in general acute care hospitals; and WHEREAS, in 2022, the City Council approved funding and the execution of a contract with Bonita House to build a Specialized Care Unit program, which will provide a non- police response for anyone experiencing a mental health crisis in Berkeley; and WHEREAS, the City of Berkeley continues to undergo efforts in its Reimagining Public Safety process to transform the City’s role and response to our community’s need to maintain and uphold public safety, including a new standard to community-centered approaches to safety, and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports AB 1001.

BE IT FRUTHER RESOLVED that copies of the Resolution be sent to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

california legislature—2023–24 regular session
ASSEMBLY BILL No. 1001
Introduced by Assembly Member Haney
February 15, 2023
An act to add Section 128740.1 to, and to add Article 7.1 (commencing with Section 1323.2) and Article 7.15 (commencing with Section 1323.4) to Chapter 2 of Division 2 of, the Health and Safety Code, relating to health facilities.
legislative counsel’s digest
AB 1001, as introduced, Haney. Health facilities: behavioral health emergency services.

Existing law provides for the licensing, regulation, and inspection of various types of health facilities by the State Department of Public Health, including general acute care hospitals. Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires specified financial and utilization data to be reported to the department by a hospital at the end of a calendar quarter.

Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.

This bill would require a general acute care hospital to adopt policies to respond to a patient requiring behavioral health emergency services, as defined. The bill would require that these protocols meet standards established by the department and consist of various parameters such as minimum staffing requirements for behavioral health emergency services, procedures for response by behavioral health emergency

99

services personnel in a timely manner, and annual training, as specified.

The bill would require the department to adopt regulations on standards for general acute care hospitals related to behavioral health emergency services. The bill would require all hospitals to maintain records related to certain data on behavioral health emergency services provided for a period of 3 years and to report that data to the department on a quarterly basis. The bill would require the department to post quarterly reports on that data on its internet website.

Existing law establishes the Department of Health Care Access and Information, which is responsible for administering various programs with respect to health care professions and establishes various programs to facilitate the expansion of the health care workforce.

Existing law authorizes the board of supervisors in each county to establish and maintain a county hospital to provide public health care services within the county. Existing law authorizes the board to prescribe rules for the hospital’s government and management, and to appoint a county physician and other necessary officers and employees of the hospital, as specified.

This bill would establish the Behavioral Health Emergency Response and Training Fund to provide grants to qualifying applicants for the purpose of funding a new program or supporting an existing program that increases the staffing in general acute care hospitals of direct care personnel who are trained in behavioral health care and behavioral health emergency services response or intervention.

The bill would also require the department to evaluate the program and report to the Legislature annually.

By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
99 — 2 — AB 1001

The people of the State of California do enact as follows:
line 1 SECTION 1. Article 7.1 (commencing with Section 1323.2) line 2 is added to Chapter 2 of Division 2 of the Health and Safety Code, line 3 to read:
line 4
line 5 Article 7.1. Behavioral Health Emergency Services line 6
line 7 1323.2. (a)   The Legislature finds and declares all of the line 8 following:
line 9 (1)   Direct patient care in general acute care facilities currently line 10 involves patients who have behavioral health needs, including line 11 needs related to mental health and substance use, and behavioral line 12 health emergencies.
line 13 (2)   Patient care outcomes in general acute care hospitals are line 14 dependent upon safe staffing levels and the competence of direct line 15 care personnel who staff those facilities.
line 16 (3)   Insufficient staffing levels of direct patient care personnel, line 17 including registered nurses, who have the specialized competency line 18 to provide, and are appropriately trained in, behavioral health and line 19 behavioral health emergency response results in unsafe patient line 20 care and increased occurrences of workplace violence. line 21 (4)   To ensure the availability of direct patient care personnel line 22 who have the specialized competency to provide, and are line 23 appropriately trained in, behavioral health and behavioral health line 24 emergency response in general acute care hospitals, the Legislature line 25 intends that all such facilities in this state adopt policies and line 26 protocols on behavioral health emergency response and training line 27 in compliance with standards established in this article. line 28 (b)   This article does not expand the scope of licensure for line 29 licensed persons providing services pursuant to this article. line 30 1323.21. For the purposes of this article, the following line 31 definitions apply:
line 32 (a)   (1)  “Behavioral health emergency condition” means a line 33 psychiatric emergency medical condition, as defined in paragraph line 34 (1) of subdivision (k) of Section 1317.1, or a cognitive, mental line 35 health, substance use, or stress-related crisis that manifests itself line 36 by acute symptoms of sufficient severity that it renders the patient line 37 as being either of the following:
99 AB 1001 — 3 —

line 1 (A)   An immediate danger or risk of danger to themselves or to line 2 others.
line 3 (B)   Immediately unable to provide for, or utilize, food, shelter, line 4 or clothing, due to a cognitive, mental health, substance use, or line 5 stress-related condition.
line 6 (2)   A behavioral health emergency condition does not require line 7 a psychological evaluation or a psychiatric or mental health line 8 diagnosis.
line 9 (3)   This subdivision does not expand, restrict, or otherwise line 10 affect the scope of licensure or clinical privileges for clinical line 11 psychologists or medical personnel.
line 12 (b)  (1)  “Behavioral health emergency services” means services line 13 provided by a general acute care hospital for medical screening, line 14 examination, and evaluation by a physician and surgeon or, to the line 15 extent permitted by applicable law, by other appropriate licensed line 16 persons under the supervision of a physician and surgeon, to line 17 determine if a behavioral health emergency condition exists, and line 18 if it does, the care, treatment, and surgery, if within the scope of line 19 that person’s license, necessary to relieve or eliminate the line 20 behavioral health emergency condition, within the capability of line 21 the facility.
line 22 (2)   Behavioral health emergency services may include the use line 23 of a bed, monitoring by nursing and other staff, and any other line 24 services that are reasonable and necessary to safely assess a line 25 patient’s condition or determine the need for response and line 26 intervention by behavioral health emergency services personnel line 27 to respond to a behavioral health emergency condition or for a line 28 possible inpatient admission to the hospital that has a behavioral line 29 health emergency condition.
line 30 (3)   This subdivision does not expand, restrict, or otherwise line 31 affect the scope of licensure or clinical privileges for clinical line 32 psychologists or other medical personnel.
line 33 (c)   “General acute care hospital” has the same meaning as line 34 defined in subdivision (a) of Section 1250.
line 35 1323.23. (a)   By January 1, 2025, each general acute care line 36 hospital shall adopt policies and protocols to respond to patients line 37 requiring behavioral health emergency services that meet standards line 38 established by the department and that shall consist of all of the line 39 following:
99 — 4 — AB 1001

line 1 (1)   The names or job titles of the hospital staff responsible for line 2 implementing the behavioral health emergency services policies line 3 and protocols.
line 4 (2)   Minimum staffing requirements for behavioral health line 5 emergency services in accordance with subdivision (f), including line 6 all of the following:
line 7 (A)   At least two registered nurses who have experience and line 8 competency in providing psychiatric care.
line 9 (B)   At least one staff member, in addition to subparagraph (A), line 10 who is licensed to provide direct patient care and has experience line 11 and competency in providing psychiatric care. Additional staff line 12 under this subparagraph may include an additional registered nurse, line 13 or a physician and surgeon or a psychiatric technician. line 14 (C)   At least one staff member who can respond to the line 15 psychosocial needs of patients who have a behavioral health line 16 emergency condition. Staff under this subparagraph may include line 17 a licensed clinical social worker or clinical psychologist. line 18 (3)   Procedures to ensure the availability of behavioral health line 19 emergency services personnel in each patient care area at all times, line 20 including a requirement that behavioral health emergency services line 21 personnel are not considered to be available if those personnel line 22 have other assignments that prevent them from participating in line 23 behavioral health emergency services response in a timely manner. line 24 (4)  Procedures for identifying and assessing a patient’s condition line 25 to determine the need for response or intervention by behavioral line 26 health emergency services personnel.
line 27 (5)   Procedures for response by behavioral health emergency line 28 services personnel in a timely manner.
line 29 (6)   Procedures to ensure timely transfers or admissions as line 30 required under subdivision (g).
line 31 (7)   Training and education on a continuing annual basis for line 32 behavioral health emergency services personnel who provide direct line 33 patient care to ensure competency in existing and new skills in line 34 psychiatric care, behavioral health, and substance use treatment line 35 services.
line 36 (8)   Training and education on a continuing annual basis for all line 37 behavioral health emergency services personnel on behavioral line 38 health emergency services response, including on providing line 39 trauma-informed care and ensuring access to linguistically and line 40 culturally competent care.
99 AB 1001 — 5 —

line 1 (9)   Annual training and education for all hospital staff who are line 2 required to be present in a patient care area to recognize patient line 3 interactions that require response by behavioral health emergency line 4 services personnel and how to obtain that response or intervention. line 5 (10)   Procedures to ensure the provision of linguistically and line 6 culturally competent behavioral health emergency services to each line 7 patient with a behavioral health emergency condition. line 8 (11)   Procedures to evaluate a behavioral health emergency line 9 services patient for substance use treatment and counseling needs line 10 and to ensure the provision of that treatment and counseling. line 11 (12)   Procedures for hospital staff to report concerns regarding line 12 the availability of sufficient staff to perform behavioral health line 13 emergency services and concerns regarding the availability, line 14 condition, storage, and maintenance of equipment. line 15 (13)   Procedures to coordinate implementation of response and line 16 intervention by behavioral health emergency services personnel line 17 with the workplace violence prevention plan adopted by a hospital line 18 as required in the standard adopted by the Occupational Safety line 19 and Health Standards Board under Section 6401.8 of the Labor line 20 Code, including methods of reporting and investigating any line 21 incidents of workplace violence related to a patient receiving line 22 behavioral health emergency services.
line 23 (b)   Policies and protocols adopted under subdivision (a) shall line 24 be maintained and implemented at all times in all units of the line 25 general acute care hospitals where patient care is provided and line 26 shall be available to all hospital staff at all times. line 27 (c)   By July 1, 2024, the department shall develop procedures line 28 to evaluate existing programs utilized by general acute care line 29 hospitals to provide behavioral health emergency services response line 30 and training for compliance with the requirements under the article. line 31 (d)   Every general acute care hospital shall designate a licensed line 32 registered nurse or physician who has experience and competence line 33 in psychiatric services as a director who shall be responsible for line 34 the management of the policies and protocols adopted under line 35 subdivision (a).
line 36 (e)   Policies and protocols adopted under subdivision (a) shall line 37 be developed, implemented, and reviewed annually with the line 38 meaningful input and active involvement of the following general line 39 acute care hospital staff, including their recognized collective line 40 bargaining agent or agents, if any:
99 — 6 — AB 1001

line 1 (1)  Registered nurses who provide emergency medical services. line 2 (2)   Registered nurses who provide psychiatric nursing care or line 3 provide care in a psychiatric unit, if any.
line 4 (3)   Psychiatrists and other physicians who provide inpatient line 5 psychiatric services or provide care in a psychiatric unit, if any. line 6 (4)   Ancillary staff who provide inpatient psychiatric services line 7 or provide care in a psychiatric unit, including psychiatric line 8 technicians.
line 9 (5)  Behavioral health emergency services personnel as identified line 10 in hospital policies and protocols adopted under subdivision (a). line 11 (6)   Hospital staff who are required to be present in a patient line 12 care area that are reasonably anticipated to require response by line 13 behavioral health emergency services personnel. line 14 (f)  Development, implementation, and annual review of policies line 15 and protocols pursuant to subdivision (e) shall include the line 16 participation of general acute care hospital staff in evaluating the line 17 effectiveness of the policies and protocols in providing timely line 18 access to care for behavioral health services patients, reducing line 19 rates of workplace violence, and designing and implementing line 20 training on behavioral health emergency services response. line 21 (g)   (1)  Training and education required by this article shall be line 22 provided in person and shall be designed to provide an opportunity line 23 for interactive questions and answers with a person knowledgeable line 24 about the behavioral health emergency response and training line 25 policies and protocols adopted by the general acute care hospital line 26 under subdivision (a).
line 27 (2)   Each general acute care hospital shall develop, implement, line 28 and annually review training and education required by this article line 29 with the meaningful input and active involvement of general acute line 30 care hospital staff identified in subdivision (e), including line 31 development of curricula and training materials, and review and line 32 revision of the training program.
line 33 (3)   Training materials developed to meet the requirements of line 34 this article shall be appropriate in content and vocabulary to the line 35 educational level, literacy, and language of general acute care line 36 hospital staff receiving the training.
line 37 (h)   Notwithstanding subdivisions (d) and (e) of Section 1275, line 38 behavioral health emergency services provided to patients receiving line 39 services shall comply with the same licensed registered line 40 nurse-to-patient ratios as supplemental emergency services or, if 99 AB 1001 — 7 —

line 1 the patient is in an inpatient bed or unit, the licensed registered line 2 nurse-to-patient ratio of that bed or unit, whichever ratio is lower. line 3 This subdivision does not alter or amend the effect of any line 4 regulation adopted pursuant to Section 1276.4 as of the effective line 5 date of the act that added this subdivision.
line 6 (i)  A patient who requires behavioral health emergency services line 7 with an order by a provider for admission to a general acute care line 8 hospital or transfer to another health facility, as defined in Section line 9 1250, shall not be provided care and treatment as a patient receiving line 10 observation services, as defined in subdivision (a) of Section line 11 1253.7, or in an observation unit, as defined in subdivision (c) of line 12 Section 1253.7, for more than 24 hours.
line 13 (j)   The department shall adopt regulations on standards for line 14 general acute care hospital on behavioral health emergency line 15 services, including on behavioral health emergency services line 16 response and training.
line 17 1323.24. (a)   All general acute care hospitals shall maintain line 18 records of the following for a period of three years:
line 19 (1)   Each transfer of a behavioral health emergency services line 20 patient.
line 21 (2)   Each admission of a behavioral health emergency services line 22 patient to an inpatient psychiatric unit of the hospital, if any. line 23 (3)  Each patient readmission within 30 days of being discharged line 24 or transferred after receiving behavioral health emergency services line 25 at the hospital.
line 26 (4)   Each patient who received behavioral health emergency line 27 services in an observation unit or while receiving observation line 28 services.
line 29 (b)   (1)  All hospitals providing behavioral health emergency line 30 services shall file with the department quarterly reports on forms line 31 prescribed by the department that describe the aggregate number line 32 for each of the data listed in subdivision (a) and reasons for transfer, line 33 admission, readmission, or placement in an observation unit or line 34 receipt of observation services.
line 35 (2)   The department shall post quarterly reports pursuant to this line 36 subdivision on the department’s publicly accessible internet website line 37 within five calendar days of receipt by the department. line 38 (c)   The department, in consultation with the Department of line 39 Health Care Services, the Department of Health Care Access and line 40 Information, and the Division of Occupational Safety and Health, 99 — 8 — AB 1001

line 1 shall inspect a representative sample of behavioral health line 2 emergency response and training programs utilized by general line 3 acute care hospitals. In evaluating a behavioral health emergency line 4 response and training program, the department shall examine line 5 patient outcomes and rates of workplace violence at each facility. line 6 If the department determines that a program is not complying with line 7 Section 1323.23 or regulations or is not meeting goals related to line 8 timely access to care or to workplace violence rate reduction line 9 established by the department pursuant to subdivision (d), the line 10 department shall be immediately notify a general acute care line 11 hospital that utilized the program in writing. The department’s line 12 district offices shall inspect facility-based behavioral health line 13 emergency response and training programs as utilized by general line 14 acute care hospitals as part of their annual survey. line 15 (d)   (1)  The department, in consultation with the Department line 16 of Health Care Services and the Department of Health Care Access line 17 and Information, shall establish goals related to timely access to line 18 care for behavioral health emergency services in general acute line 19 care hospitals.
line 20 (2)   The department, in consultation with the Division of line 21 Occupational Safety and Health, shall establish goals to reduce line 22 the rates of workplace violence related to behavioral health line 23 emergency services in general acute care facilities. line 24 (e)   Training components of behavioral health emergency line 25 response and training programs shall be conducted during the line 26 normal working hours of the hospital staff unless the staff receives line 27 at least the normal hourly wage for any additional time spent in line 28 the training component of the approved program. line 29 SEC. 2. Article 7.15 (commencing with Section 1323.4) is line 30 added to Chapter 2 of Division 2 of the Health and Safety Code, line 31 to read:
line 32
line 33 Article 7.15. The Behavioral Health Emergency Response and line 34 Training Fund
line 35
line 36 1323.4. (a)   For the purposes of this article, the following line 37 definitions apply:
line 38 (1)  “Department” means the Department of Health Care Access line 39 and Information.
99 AB 1001 — 9 —

line 1 (2)   “Fund” means the Behavioral Health Emergency Response line 2 and Training Fund.
line 3 (3)   “Program” means a program for the behavioral health line 4 emergency response and training of general acute care hospital line 5 staff that meets the criteria established and approved under this line 6 chapter.
line 7 (b)   The Behavioral Health Emergency Response and Training line 8 Fund is hereby established in the State Treasury for the purpose line 9 of providing grants to support programs described in Section line 10 1323.41 and shall be administered by the department. line 11 (c)   The department shall annually establish the total amount of line 12 funding necessary to support programs described in Section line 13 1323.41. It is the intent of the Legislature to provide sufficient line 14 supplemental funding for these programs pursuant to this article line 15 in the annual Budget Act and to deposit that funding in the fund line 16 in 2025.
line 17 (d)   Notwithstanding any other law, the department may receive line 18 and deposit moneys in the fund from the following entities:
line 19 (1)   Nonstate entities, such as private sector or philanthropic line 20 entities.
line 21 (2)   Local and federal governmental agencies.
line 22 (e)   No more than 5 percent of the moneys in the fund shall be line 23 available for the department’s administrative activities related to line 24 planning and production of grants.
line 25 (f)   Beginning no later than July 1, 2024, the fund shall be line 26 available to receive moneys from nonstate entities. line 27 1323.41. (a)   The department shall use moneys in the fund to line 28 administer grants to general acute care hospitals in California that line 29 are designated public hospitals, county hospitals, or hospitals that line 30 are operated by nonprofit organizations in California that are line 31 exempt from taxation under Section 501(c) of the Internal Revenue line 32 Code. A grant recipient under this subdivision shall use the funds line 33 awarded to fund a new program or support an existing program line 34 that increases the staffing in general acute care hospitals of direct line 35 care personnel who are trained in behavioral health care and line 36 behavioral health emergency services response or intervention. line 37 By way of nonlimiting examples, the program and the awarded line 38 funds may be used for any of the following:
line 39 (1)   Behavioral health emergency response training programs. 99 — 10 — AB 1001

line 1 (2)   Costs associated with hiring or retaining behavioral health line 2 emergency services personnel who provide behavioral health line 3 emergency services that meet the requirements of Section 1323.23. line 4 (3)   Costs associated with training hospital staff in the provision line 5 behavioral health emergency services that meet the requirements line 6 of Section 1323.23.
line 7 (4)   Costs associated with implementation of policies and line 8 procedures adopted by a hospital to meet the requirements of line 9 Section 1323.23.
line 10 (b)   (1)  Unless otherwise specified by the department, grants line 11 made pursuant to this article are for a period of one year and may line 12 be renewed.
line 13 (2)   An application for a grant shall be made on a form to be line 14 developed by the department.
line 15 (3)   Decisions regarding the grants and the funding level of the line 16 grant shall be made after consideration of all relevant factors, such line 17 as the grantee’s anticipated level of need and the availability of line 18 funds.
line 19 (c)   To administer this section, the department shall use moneys line 20 in the fund to pay direct and indirect costs of the department, line 21 including hiring or administrative costs.
line 22 (d)   The department shall use moneys in the fund to maintain a line 23 system of financial reporting on all aspects of the fund. The line 24 financial reporting shall include, but is not limited to, information line 25 from the grantees on their expenditures and activities using grant line 26 funds associated with this article as the department deems line 27 necessary to ensure the use of the funds are consistent with the line 28 purposes of this article and the terms of any grant award. line 29 (e)  For purposes of this section, the department shall not require line 30 the submission of any identifying personal information about line 31 individuals receiving behavioral health or emergency services as line 32 part of an application for a grant or reporting of expenditures and line 33 activities using grant funds under this article. Information required line 34 by the department, or its contracted vendor, may only include line 35 information in summary, statistical, or other forms that do not line 36 identify particular individuals.
line 37 (f)   Contracts entered into or amended pursuant to this article line 38 are exempt from Chapter 6 (commencing with Section 14825) of line 39 Part 5.5 of Division 3 of Title 2 of the Government Code, Section line 40 19130 of the Government Code, Part 2 (commencing with Section 99 AB 1001 — 11 —

line 1 10100) of Division 2 of the Public Contract Code, and the State line 2 Administrative Manual, and are exempt from the review or line 3 approval of any division of the Department of General Services. line 4 1323.42. The department shall conduct an evaluation of the line 5 grant program implemented pursuant to Section 1323.41 and shall line 6 report its findings to the Legislature no later than January 1, 2026, line 7 and on an annual basis no later than each January 1 thereafter. The line 8 first annual report shall cover the period before July 1, 2025. Each line 9 subsequent annual report shall cover the previous fiscal year. The line 10 department may use moneys in the fund, upon appropriation by line 11 the Legislature, for the evaluation of the program. The report shall line 12 be submitted in compliance with Section 9795 of the Government line 13 Code.
line 14 SEC. 3. Section 128740.1 is added to the Health and Safety line 15 Code , to read:
line 16 128740.1. (a)   The quarterly summary utilization data reported line 17 to the department by a hospital pursuant to Section 128740, shall line 18 include all of the following:
line 19 (1)   Number of inpatient psychiatric visits and number of hours line 20 of services provided.
line 21 (2)   Number of behavioral health emergency service visits and line 22 number of hours of services provided.
line 23 (3)   Number of observation service visits and the number of line 24 hours of services provided, including the number of behavioral line 25 health emergency service hours provided during observation service line 26 visits.
line 27 (4)   Number of behavioral health emergency service inpatient line 28 admissions, including the number of behavioral health emergency line 29 service admissions to an inpatient psychiatric unit. line 30 (5)  Number of behavioral health emergency service readmissions line 31 within 30 days of discharge or transfer.
line 32 (b)   All hospitals shall maintain records of aggregate data listed line 33 in subdivision (a) for a period of three years. line 34 SEC. 4. No reimbursement is required by this act pursuant to line 35 Section 6 of Article XIIIB of the California Constitution because line 36 the only costs that may be incurred by a local agency or school line 37 district will be incurred because this act creates a new crime or line 38 infraction, eliminates a crime or infraction, or changes the penalty line 39 for a crime or infraction, within the meaning of Section 17556 of line 40 the Government Code, or changes the definition of a crime within 99 — 12 — AB 1001

line 1 the meaning of Section 6 of Article XIII B of the California line 2 Constitution.

O
99 AB 1001 — 13 —

Office of the Mayor
Martin Luther King Jr. Civic Center Building ● 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 ● Tel: (510) 981-7100

CONSENT CALENDAR
April 11, 2023
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Establishment of Fred Ross Memorial Bench in Cesar Chavez Park

RECOMMENDATION
Adopt a Resolution directing the City Manager to work with the family of the late Fred Ross Jr. to dedicate a memorial bench at the west facing edge of Cesar Chavez Park in his honor. The family of Fred Ross Jr. shall be responsible for the cost of the bench and shall be engaged in determining the location of the bench.

BACKGROUND
Fred Ross Jr., the son of the former labor organizer Fred Ross, and a lifelong labor organizer and activist in his own right, sadly passed away on November 20, 2022. Mr.

Ross lived in Berkeley for two decades.

Inspired by the work of his father, Mr. Ross worked side by side with Cesar Chavez and Dolores Huerta, founded the Neighbor to Neighbor initiative in the 1980s to provide support to Central American countries, helped elect Nancy Pelosi to Congress and later in life worked with IBEW Local 1245.

Former Labor Secretary Robert Reich had this to say about Mr. Ross:
“You have comforted the afflicted, and afflicted the comfortable,” he told Ross. “Your boldness and vision have been a source of inspiration to me and huge number of other people, working for social justice, labor unions, and the hopes and dreams so many people have for a better life.”
Mr. Ross was a renowned, beloved and effective organizer, who was honored at his recent memorial by over 650 people in attendance and notable speakers including Dolores Huerta and Nancy Pelosi. A bench in his memory at Cesar Chavez Park is a fitting tribute, as Mr. Ross loved walking in Cesar Chavez Park and enjoying the views to the west.

Tributes to Fred Ross, Jr. include:
https://www.sfexaminer.com/news/politics/remembering-fred-ross-jr-legendary- organizer-for-social-justice/article_26f7987a-6cfa-11ed-b816-1b394e47b767.html

Establishment of Fred Ross Memorial Bench in Cesar Chavez Park CONSENT CALENDAR April 11, 2023
2 https://www.berkeleyside.org/2022/12/01/fred-ross-jr-obituary https://www.fredrossproject.org/fred-ross-jr-memorial-1 On April 26, 2007, the Parks & Recreation Commission approved a revised policy whereby park bench donations will be allowed at sites recommended by staff; and, also, established reasonable criteria for granting memorials. On July 22, 2008, Council adopted Resolution No. 61,148-N.S. approving a revised bench donation policy and establishing a process and conditions for granting bench donations, both anonymous and memorial types.

Pursuant to established policy, a bench memorial must be in recognition of someone who had a record of service to the City’s parks or has made an outstanding contribution to the Berkeley community. The honoree must be deceased for at least one year.

This action would make an exception to the City’s bench policy given Mr. Ross’ extraordinary contributions (see Attachment B) and would initiate the placement of the bench at an appropriate location in consultation with the family. The family has requested this memorial bench and will be paying the customary fees established by the City for its placement.

FINANCIAL IMPLICATIONS
None. Costs will be paid by the family of Fred Ross Jr.

ENVIRONMENTAL SUSTAINABILITY
No impact

CONTACT PERSON
Jesse Arreguín, Mayor 510-981-7100
ATTACHMENTS:

Attachment A: Resolution
Attachment B: Letter dated February 17, 2023 from City to the Family of Fred Ross outlining current city protocols for establishing a memorial bench.

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

ESTABLISHMENT OF MEMORIAL BENCH IN CESAR CHAVEZ PARK

IN HONOR OF
FRED ROSS JR.

WHEREAS, On April 26, 2007, the Parks & Recreation Commission approved a revised policy whereby park bench donations will be allowed at sites recommended by staff; and, also, established reasonable criteria for granting memorials; and WHEREAS, On July 22, 2008, Council adopted Resolution No. 61,148-N.S. approving a revised bench donation policy and establishing a process and conditions for granting bench donations, both anonymous and memorial types; and WHEREAS, Pursuant to established policy, a bench memorial must be in recognition of someone who had a record of service to the City’s parks or has made an outstanding contribution to the Berkeley community and has been deceased for at least one year; and
WHEREAS, On November 20, 2022, Fred Ross Jr. passed away quietly in his home after living in Berkeley for over two decades; and
WHEREAS, Fred Ross Jr. worked as an early age alongside Cesar Chavez in the lettuce fields of California; and
WHEREAS, His life work as an organizer included advocating for farmworker rights, effectively changing the U.S. policy of backing oppressive governments in Central America and accelerating the naturalization of legal immigrants; and WHEREAS, Mr. Ross spent hours walking in his favorite location, Cesar Chavez Park, while enjoying the views to the west; and
WHEREAS, This action would be an exception to City protocols for memorial benches and would initiate the placement of the bench at an appropriate location in consultation with the family; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a new memorial bench location should be established on the west facing edge of Cesar Chavez Park to honor Fred Ross Jr. and his contributions to Berkeley and immigrants.

ATTACHMENT B
On Feb 17, 2023, at 4:11 PM, Williams, Wanda <[email protected]> wrote:

Hi Margo:

My condolences for the loss of your husband. Thank you for your interest in donating a memorial bench to a City of Berkeley park. The Memorial Bench Donation Policy is outlined in the attached council resolution and is handled on a case by case basis depending on the availability of sites for benches at selected City parks.

At this time, we are only accepting donations for replacing old existing benches at our parks.

No new bench locations will be considered. Honoree must be deceased for at least one year prior to application acceptance.

The donation process is as follows:

 Upon request, applicant should work with Parks Maintenance staff (Walt Vandernald) to identify a location where a bench needs to be replaced.

 Once site is approved by staff, complete and submit the application for Park Bench Donation, with a check for $3,400 payable to “The City of Berkeley” to cover costs of purchasing a new bench, materials, installation and a cast iron plaque.

 City staff will process the application and submit a consent calendar item to the City Council for approval.

 Once approved, city staff will work with the applicant to finalize the text for the plaque, order it and finalize the location for the proposed bench. PRW maintains the right to the final decision for bench location.

 Building Maintenance staff will purchase, install plaque and assemble the bench.

 This bench donation shall be in effect for a minimum of 10 years or until the bench has exceeded its useful life (as determined by City staff). At that time, the existing bench may be replaced by the next family on the waiting list. The donor family may request the plaque at that time, or donate a new memorial bench.

The entire process can take up to 8 months to complete. If you have any additional questions, feel free to contact the me via Email or at 510-981-6702.

Thank you,

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Mayor Arreguin, Councilmember Bartlett, Councilmember Harrison
Subject: Support for AB 1690 (Universal health care coverage).

RECOMMENDATION
Send a letter to Assemblymember Ash Kalra (D-San Jose) in support of AB 1690 (Universal health care coverage).

FINANCIAL IMPLICATIONS
N/A

BACKGROUND
Assembly Bill 1690 currently states: “It is the intent of the Legislature to guarantee accessible, affordable, equitable, and high-quality health care for all Californians through a comprehensive universal single-payer health care program that benefits every resident of the state.”
Kalra introduced the previous effort for statewide single-payer as AB-1400, which failed to receive a floor vote in the 2021-2022 legislative session.1 The bill is sponsored by the California Nurses Association.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Letter
1 Koseff, A. (2022). Why single payer died in the California legislature, again. CalMatters. Retrieved from https://calmatters.org/politics/2022/02/california-single-payer-legislature/

The Honorable Ash Kalra
Member of the California State Assembly
California State Capitol
Sacramento, CA 95814

Re: Support for AB 1690: Universal health care coverage Dear Assemblymember Kalra
The City Council of the City of Berkeley writes in strong support of AB 1690, which states the intent of the California state legislature to establish a single-payer healthcare system.

While the federal Patient Protection and Affordable Care Act (PPACA) brought many improvements in health care and health care coverage, it still leaves many Californians without coverage or with inadequate coverage. Californians, as individuals, employers, and taxpayers have experienced a rise in the cost of healthcare and health care coverage in recent years, including rising premiums, deductibles, and copays, as well as restricted provider networks and high out-of-network charges. Businesses have also experienced increases in the costs of health care benefits for their employees, and many employers are shifting a larger share of the cost of coverage to their employees or dropping coverage entirely.

A universal single-payer healthcare system would consistently cover all Californians, because coverage is based on residency, not a person's changing income or employment status. It is more important than ever for a state like California, one of the wealthiest regions in the nation with the 4th highest GDP per capita in the world, to redistribute some of its prodigious wealth by taxing its highest earners in order to guarantee high-quality healthcare as a human right for all residents.

Thank you for your leadership on this important legislation.

Sincerely,
City Council - City of Berkeley
2180 Milvia St
Berkeley, CA 94709

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Bartlett, Councilmember Harrison Subject: Support for AB 362 (Land value taxation study)

RECOMMENDATION
Send a letter to Assemblymember Alex Lee (D-San Jose) in support of AB 362 (Land value taxation study).

FINANCIAL IMPLICATIONS
N/A

BACKGROUND
Traditional property tax systems levy taxes based on the value of property in which the Board of Equalization defines as all matters and things (real, personal, and mixed) that a private party can own. Improvements to surrounding buildings and property can increase the value of the lot which would then affect the property tax levied. By contrast, a land value tax is based on the value of land without regard to buildings or other improvements.

The current property tax system results in higher taxes for improvements to the value of the property. Ultimately, this can result in a disincentive for a landowner to build or renovate property, since this could raise their taxes. California’s Proposition 13 exacerbates this disincentive by restricting annual reassessments to a maximum of 2% unless the property is sold or has new construction. A 2016 study by Ralph McLaughlin at Trulia found Proposition 13 results in some of the lowest effective tax rates for the wealthiest jurisdictions in California with the highest property values.

Assembly Bill 362 would require the California Department of Tax and Fee Administration to “conduct a study on the efficacy of a statewide land value taxation system as a potential alternative to current appraisal methods for real property taxation and a way to encourage property development.” A land tax system would disincentivize properties that are left idle, creating an incentive for landowners to improve and maximize the use of their land.

According to author Assemblymember Lee’s office, there are a number of jurisdictions that employ land value tax systems or a variation of it around the world including Denmark, Singapore, and Taiwan.

AB-362 CONSENT CALENDAR

In Allentown, Pennsylvania, the city adopted a land value tax in 1996 and 70% of residential parcels saw a tax decrease. Construction returned to the city and Allentown experienced a 32% increase in building permits.

The economist Rick Rybeck of Just Economics explains: “Buying and selling land creates nothing; it’s what you do on the land that creates value…land taxes don’t reduce the amount of land. Taxing land values reduces the benefits of land ownership.

This reduces land prices.”1
Potential benefits include:
● Making land speculation less profitable, reducing the incentive for suburban sprawl
● Making housing more affordable while fostering business growth and employment
● Sustainable financing for public infrastructure improvements ● Less vulnerable to tax evasion since land cannot be concealed or moved overseas (titles are registered with the public and thus easily identified)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Letter
1 Rybeck, R. (2019). If the Land Tax Is Such a Good Idea, Why Isn’t It Being Implemented? Strong Towns. Retrieved from https://www.strongtowns.org/journal/2019/3/8/if-the-land-tax-is-such-a-good-idea- why-isnt-it-being-implemented

The Honorable Alex Lee
Member of the California State Assembly
California State Capitol
Sacramento, CA 95814

Re: Support for AB 362: Land Value Taxation Study
Dear Assemblymember Lee:

The City Council of the City of Berkeley writes in strong support of AB 362 (Lee), which would require the Department of Tax and Fee Administration to study land value taxation in California.

The current property tax system results in higher taxes for improvements to the value of the property. Ultimately, this can result in a disincentive for a landowner to build or renovate property, since this could raise their taxes. California’s Proposition 13 exacerbates this disincentive by restricting annual reassessments to a maximum of 2% unless the property is sold or has new construction. A 2016 study by Ralph McLaughlin at Trulia found Proposition 13 results in some of the lowest effective tax rates for the wealthiest jurisdictions in California with the highest property values.

Cities across the East Bay including Berkeley are increasingly strained by rising infrastructure costs, deferred maintenance, and a housing shortage with insufficient subsidies for providing affordable housing on the scale that it is so desperately needed. The City of Berkeley has committed to plan for nearly 9,000 new housing units in its 2023-2031 Regional Housing Needs Allocation cycle in its Housing Element Update, which was recently approved by the Department of Housing and Community Development. With high land prices, long-term owners of vacant properties will face a significant disincentive to selling or developing much-needed housing, and nonprofit affordable housing developers will have fewer potential sites available for low-income housing.

The current property tax system exacerbates the devastating scarcity of housing that is affordable to our most vulnerable community members, while limiting funding available for local schools, infrastructure, and services. Cities like Berkeley have been increasingly reliant on consumption taxes and parcel taxes to fund capital improvements, which can disproportionately impact lower- income homeowners. Californians deserve better.

Thank you for your leadership on this important legislation.

Sincerely,
City Council - City of Berkeley
2180 Milvia St
Berkeley, CA 94709

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison, Councilmember Bartlett
Subject: Referral to the June 2023 Budget Process to Increase Capacity for Berkeley Community Media

RECOMMENDATION
Refer $54,000 to the June, 2023 budget Process to increase personnel funding for Berkeley Community Media (BCM), advancing two current part time employees to full time.

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION BCM is funded through the City of Berkeley’s IT Department and the Berkeley Rent Board. Between these two entities, BCM receives $253,000 per year ($231,000 from the IT Department and $22,000 from the Rent Board). Before 2006, Berkeley Community Media (BCM) had five full-time employees with full health, dental, and vision coverage and one part-time employee. Between 2004 and 2006, the IT department cut BCM’s funding by 15% and has not increased it since. In 2016, the Rent Board increased BCM’s budget from $20,000 to $22,000 a year; this additional $2,000 is the only funding increase BCM has received in 18 years despite inflation increasing 57% in that same period. As a result, Berkeley Community Media now only has one full-time employee and only two of its eight employees are eligible for healthcare.

Fortunately, BCM has a team of dedicated individuals who work hard to maintain a vibrant community with limited funding, but not without personal and financial strain.

BCM staff has experienced a hardship of carrying out programming, administrative, and educational duties with only one full time employee. To continue maintaining the existing programming at its full capacity, many part time employees must donate volunteer hours. Inadequate funding limits BCM’s programming and detrimentally affects students who, as a result of strained resources, have less access to services. By increasing its staff budget, BCM will be able to provide more stable staffing with adequately paid experts, dedicated to providing our community with a unique and equity driven service.

BACKGROUND
BCM is Berkeley’s Public, Education and Government community media center,

Referral to the June 2023 Budget Process to Fund an Increase in Staff Hours for Berkeley Community Media

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specifically designed to address the needs of Berkeley residents. BCM’s primary mission is to enhance the transparency of local government and civic affairs and provide residents of Berkeley an opportunity to produce media and share it with their community.

While there are a handful of other community-based media programs in the Bay Area, BCM is uniquely positioned to serve Berkeley. It is the only mission driven and equity centered media company in Berkeley. BCM films City Council meetings as well as Rent Stabilization Board and ZAB meetings, enhancing the transparency of local government. It provides coverage for city events such as the North Berkeley Senior Center re-opening, the Milvia Bike Path ribbon cutting, the digital kiosks in Downtown and the street renaming for Kala Bagai Way.

BCM provides an opportunity for local residents to share their stories by participating in media classes and a community of individuals who are available to aid with development and production. BCM has its own local television station, allowing community members the opportunity to air programs from painting shows to films, to local news coverage. Its location in the Maudell Shirek building, Berkeley’s Old City Hall, makes it accessible to a diverse population of people by public transportation in the heart of Berkeley. It has also invested in local community organizations and partners such as the Dorothy Day House, the Women’s Daytime Drop-in Center, St Mary’s Center, La Peña Cultural Center, Berkeley Symphony, and Luna Dance Studio and produces and airs live and taped coverage of diverse local arts, educational, and cultural events, including the World Music Festival, Holocaust Remembrance Day, forums featuring Congresswoman Barbara Lee and Mark DeSaulnier on race relations and Congresswoman Lee and Congresswoman Ayanna Pressley’s forum titled, “A Dialogue on Women of Color Running for Office.”
Finally, BCM makes creative education and expensive arts equipment accessible to those who otherwise may not be able to afford it by providing critical training in production, editing and podcasting and periodically offering master classes from industry expert and access to professional equipment. BCM offers a membership program to anyone interested in advancing their video editing and production skills and provides a 50% membership discount to Berkeley residents at $60 a year. A membership offers access to a high-quality production studio, media lab, field equipment, unlimited classes and workshops and the ability to submit programs to BCM’s local television station.

Individuals who are unable to pay membership fees or class costs, may volunteer their time through internship opportunities. BCM also hosts a youth and Berkeley High School internship program, training students in cinematography, video editing, special effects as well as media literacy and analysis. It hosts industry professionals to speak to students about career paths and how skills they learn at BCM can be professionally applicable.

As a Public, Education, and Government (P.E.G) access television station and production facility, BCM provides affordable and accessible media services, training,

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April 11, 2023
and access to high-quality film production equipment, for filmmakers, amateur television producers and youth from Black, Latinx, Indigenous, and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality, BCM’s mission is to provide a voice to Berkeley’s most under-resourced and underrepresented communities.

It has a membership of more than 83 diverse producers and supporters. Nearly 30%of those who reported demographic information are people of color, and 20% have an income level of $25,000 or less; 53% of members identify as female. BCM’s bylaws specify that it recruits and supports members who reflect Berkeley’s community, including people of color and disabled persons. Its Board of Directors reflects this commitment to diversity, with 27% identifying as Black and Latinx, 45% identifying as female, 18% identifying as persons with disabilities, and 18% identifying as LGBTQ.

Overview of Proposed Staffing Costs
BCM’s current personnel budget totals $268,000, 83% of its annual $323,000 budget.

The additional $54,000 would allow BCM to offer much needed cost of living adjustments (COLAS), add hours to existing employees, and provide healthcare for two employees (bringing the number receiving healthcare to three). The budget referral, totaling $54,000, is comprised of four distinct financial needs.

Category Annual Amount
Employee raises $12,200
Additional employee hours $27,400
Additional payroll $3,000
Healthcare $11,200
Total cost allocation $54,000
Employee raises would range from a 1.2%-2.4%, increasing hourly compensation from $20.00-$28.00/hour to $20.48-$28.34/hour.

Four employees would be compensated for some of their additional work hours. Two employees will gain three and four hours respectively per week. Two employees will gain eight paid hours per week, making them eligible for healthcare benefits.

FISCAL IMPACTS OF RECOMMENDATION
$54,000 to stabilize BCM’s staff budget.

Referral to the June 2023 Budget Process to Fund an Increase in Staff Hours for Berkeley Community Media

CONSENT CALENDAR
April 11, 2023

ENVIRONMENTAL SUSTAINABILITY
Not applicable.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Referral to the June 2023 Budget Process for Funding Harold Way Placemaking Project Schematic Design

RECOMMENDATION
Refer $100,000 to the June 2023 Budget Process to fund Harold Way Placemaking Project Schematic Design.

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The one-block long Harold Way connects Allston Way and Kittredge Street, linking the Berkeley Central Branch Library and the Downtown Berkeley YMCA. Over the years Harold Way has been the site of a variety of community events and cultural celebrations including the Asian Cultural Festival, Día de los Muertos celebration, the Harold Way Pumpkin Patch, the Lunar New year Celebration, and Berkeley Bliss: the Silent Disco Experience. The streetscape is quite plain at present, discouraging its use outside of events but is ideal for creating an urban oasis in our busy Downtown with the addition of design features, trees, seating areas, and a public restroom.

BACKGROUND
On March 19, 2022 Berkeley Design Advocates (BDA) and Downtown Berkeley Association (DBA) co-sponsored a Harold Way Placemaking Workshop in anticipation of two housing projects bringing new life this quiet one-block street in the heart of Downtown Berkeley. Input was received from the Berkeley design community, neighbors, nearby property owner, and other community members. BDA volunteer architect Ryan Call developed a Workshop Report and Three Initial Options.1 Subsequently, BDA and DBA have met with City staff, City elected officials, and other community members to review the report and options. The response has been generally favorable for all three options. (See “Blended Options” below.) This request seeks funding of up to $100,000 for a consultant to develop a Preferred Design Option/Schematic Design for a pedestrianized Harold Way between Kittredge Street and Allston Way. BDA and DBA have received a proposal of approximately 1https://static1.squarespace.com/static/5f868525cd65db169e0e9bf7/t/6307cde3d1394f428fbe2b6b/1661455861813/ 2022+0704+Harold+Way+Workshop+Results-sm.pdf

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$60,000 plus expenses from a respected urban landscape design firm but are open to other design firms that might be selected by the City. It would be prudent to allocate up to $100,000 due to additional expenses, inflation, and possible additional scope or tasks required by the City. It is anticipated that funding would come from the Street and Open Space Plan (SOSIP) fund, which had a balance of $1,755,944 as of February 27, 2023.

Construction of several large housing projects in the Downtown over the next few years is expected to grow the SOSIP fund significantly. Final Design and Construction Documents are estimated to be in the range in the $200,000-$300,000, with the cost of construction dependent on design selected, inflation, materials, and other factors.

The development of the Schematic Design would not be limited to the three initial “blended options,” but may borrow elements for any of these options as deemed appropriate. The scope of the consultant Schematic Design project would include:
 Extensive community outreach (at least three meetings)  Pre-design meetings with key stakeholders
 Review of existing conditions, climate, building plans, trees, utilities, drainage  Understanding of City requirements and operating/maintenance constraints  Three programming designs with up to three revisions based on community input  Presentation of final preferred schematic design
 Preliminary opinion of probable construction costs
This Schematic Design project is estimated to take six to nine months to complete, with final presentation to Berkeley City Council for approval.

Referral to the June 2023 Budget Process for Funding Harold Way Placemaking Schematic Design

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April 11, 2023
Design Options

Referral to the June 2023 Budget Process for Funding Harold Way Placemaking Schematic Design

CONSENT CALENDAR
April 11, 2023

FISCAL IMPACTS OF RECOMMENDATION
$100,000 toward the Harold Way Placemaking Project Schematic Design.

ENVIRONMENTAL SUSTAINABILITY
Creating a livable, walkable Downtown adds to Berkeley’s environmental sustainability.

The Harold Way block is very close to transit (both BART and AC Transit), Downtown amenities and the U.C. Berkeley campus.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Referral to the June 2023 Budget Process as a sole source procurement contract for Two Full-Time Social Workers for Social Justice Collaborative

RECOMMENDATION
Refer $147,000 to the June 2023 Budget Process as a sole source procurement contract for annual staffing costs associated with funding two social workers to provide low-income immigrants, asylum seekers, unaccompanied children, young dreamers, and displaced families with direct legal services and legal representation.

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The Social Justice Collaborative (SJC) is a community-based legal non-profit, dedicated to serving low-income immigrants, asylum seekers, unaccompanied children, dreamers, and displaced families through direct legal services and legal representation in court at little to no cost.

Since its inception, SJC has provided full-scope deportation defense and asylum representation for some of the most difficult cases. While SJC attorneys can provide high quality legal aid to individuals in need, many clients are survivors of violent displacement and government oppression and require help beyond what SJC’s legal team can provide. The legal aid portion of services, while the main and most significant focus of SJC, does not address the entire healing process associated with obtaining asylum and United States citizenship. Unfortunately, mental health care is not easily accessible for immigrant communities and less so for Indigenous Guatemalan (Mayan- Mam) immigrants, who SJC prioritizes serving. In 2016, Mam become one of the ten languages most frequently spoken in immigration court1. More than a quarter of SJC’s clients (34% as of 2021) are Mayan Mam-speaking and SJC has one of the highest numbers of Mayan Mam speakers on staff providing accessible legal and social work services.
1 “Eoir 59 Certification and Release of Records - United States Department ...” Departmentofjustice.gov. Accessed March 17, 2023. https://www.justice.gov/eoir/page/file/1380121/download.

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SJC is the only organization that provides this scope and breadth of free and reduced cost services to clients. Bay Area Legal Aid is an organization that similarly provides assistance to low-income people in need of free legal aid, however, they do not deal with DACA or any other immigration matters. While other organizations like Centro Legal de la Raza and East Bay Community Law Center provide immigration assistance, they do not have Mayan-Mam speakers on staff, making services inaccessible to those who are exclusively speak Mayan-Mam. SJC occupies a unique and significant role to support a population of immigrants unable to receive assistance anywhere else in the Bay Area.

Social workers have the professional training and capacity to provide SJC’s clients with comprehensive and holistic care, critically serving minors and families who are struggling to adjust to life in the United States.

In 2023, there is a heightened awareness of the issues that Immigrants and Asylees must confront when facing the immigration system. Most people now know that in addition to the turmoil presented by the system, immigrants including very young children do not have a right to an attorney. This makes an incredibly difficult process to navigate almost impossible.

Hiring full-time Social Workers is the most cost-effective way to address SJC’s client's needs. In the past, SJC has partnered with California State University, East Bay, and Stanislaus in order to have unpaid social work interns available to support clients. The intern program has demonstrated how crucial it is to have social workers as part of the SJC team. They are able to thoughtfully and expertly address the needs of clients beyond attorneys’ capacity, allowing attorneys to focus on difficult case work, and are well-versed in assisting clients in navigating services and resources. However, the reliance on unpaid students, who must be supervised by someone not affiliated with SJC and who only work part-time, dramatically limits the number of clients an intern can serve. There are also periods of time between interns, a difficult situation for clients whose cases can and do sometimes last for years.

BACKGROUND
Social Justice Collaborative (SJC) was founded in 2012 to ensure that low-income immigrants in Northern California have legal aid and assistance for little to no cost. SJC specializes in deportation defense, but their attorneys and legal staff have extensive experience working on a wide range of cases, including DACA, visas for victims of human trafficking, and Asylum litigation in immigration court. As its team has grown, so has its capacity to take on a higher number of cases. Services include case building, court and interview representation, partner referrals as needed, and family reunification efforts, where possible.

In 2018, Social Justice Collaborative acquired its own building and made the move from Oakland to Berkeley. Throughout its history, it has served immigrant families in Berkeley, assisting Berkeley residents who are victims of crime, domestic violence survivors, and asylum seekers. SJC’s clients range from those just beginning their

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immigration case to those who are now lawful permanent residents and may soon qualify to naturalize.

The majority of SJC’s clients reside in the East Bay. SJC does, however, serve all Northern California and the Central Valley, providing assistance to a diverse client base, with an emphasis on indigenous Asylum seekers. Within the last decade many lower- income immigrants in Berkeley have been displaced as living costs increase and reside in surrounding cities. However, SJC clients do significantly contribute to the city of Berkeley by working in a variety of industries including the service industry, construction as day laborers, or as housekeepers or caregivers.

SJC also upholds close partnerships with other organizations established in Berkeley.

SJC and The University of California, Berkeley have been long-standing partners. UC Berkeley has students from their undergraduate program who serve as interns or in work-study positions at SJC to gain experience and knowledge. SJC works with the Law School to host Law Clerks and has hosted clerks who have gone on to work in the immigration field. At the moment, SJC is working to finalize a partnership with Berkeley Bowl to refer newly permitted workers.

Organizations from around California that provide similar services oftentimes refer clients to SJC, either because their funding cannot allow them to take clients on or because of the complexity of the legal case. In addition to providing direct legal services, SJC is part of coalitions that fight for state-wide policy to protect immigrant communities and have participated in the Mayor’s Office round tables dedicated to Berkeley as a sanctuary city.

SJC has a very high (near 100%) success rate in immigration court and assists clients on appeal for those whose cases were not successful. It provides 100% of legal consultations free of charge, and 100% of minors are represented at no cost. Further, in 2021, SJC provided more than 1,000 hours of pro bono hours and represented 120 individuals through volunteer work. In 2021, SJC saved immigrant families over $3.6 million dollars in legal service costs. SJC has won more than 300 cases, has filed upwards of 100 work permits and green card applications, and in 2022 was named one of the top local charities in the San Francisco Bay Area.

In ten years SJC has grown from three (3) staff members to 35, demonstrating the demand for expanded programs and services.

SJC does necessary and vital work in the Berkeley community, but needs additional funding to fill the critical gaps discussed above.

Overview of Proposed Staffing Costs
SJC is largely funded by state grants through the California Department of Social Services and The State Bar of California. It also obtains funding under the IOLTA program, as well as the ISF and UUM programs under CDSS. State funding is indispensable, but only covers a fraction of the work that SJC does. In order to keep

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services affordable, SJC requires increased, varied, flexible funding and support. SJC was recently awarded funding to provide digital content to be shared by the Statewide Asylee Orientation Project but this project does not replace direct services to Bay Area Clients.

Staff Position Salary per
FTE /Year
Salary
Cost
Taxes and Workers’
Comp Total
Social Worker (2) $65,000 $130,000 $17,000 $147,000

FISCAL IMPACTS OF RECOMMENDATION
$147,000.00 in staffing costs toward the hiring of two new full-time social workers for Social Justice Collaborative.

ENVIRONMENTAL SUSTAINABILITY
Not applicable.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison (Author) and Vice Mayor Bartlett (Co-sponsor) Subject: Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System

RECOMMENDATION
Refer $100,000 to the June, 2023 Budget Process to enter into a contract to design and assist with implementing a comprehensive Berkeley Police Department Early Intervention and Risk Management System to provide necessary data and help in implementing fair and impartial policing policies and public safety reimagining.

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION A key outcome from the February 23, 2021 Council-approved “Report and Recommendations from Mayor’s Fair and Impartial Policing Working Group” was direction to the City Manager to “Implement an Early Intervention System (EIS) and a risk-management structure.”1 Additionally, the “Reimagining Public Safety In Berkeley:

Final Report and Implementation Plan” by the National Institute for Criminal Justice Reform recommended a comprehensive EIS.2
These systems, adopted successfully by neighboring jurisdictions, involve structured use of public safety data to inform goals and strategies and improve accountability and transparency. A well-structured EIS and risk management system offers the following benefits:
 Allows the department to commend personnel for positive performance.3 Officer morale and retention are thus improved. This can also help identify best practices 1 “Report and Recommendations, Mayor’s Fair and Impartial Policing Working Group,” February 23, 2021, Mayor Jesse Arreguín and Councilmember Kate Harrison, https://berkeleyca.gov/sites/default/files/documents/2021-02- 23%20Special%20Item%2001%20Report%20and%20Recommendations.pdf. 2 National Institute for Criminal Justice Reform “Reimagining Public Safety In Berkeley: Final Report and Implementation Plan,” March 2022,
https://berkeleyca.gov/sites/default/files/documents/BerkeleyReport_030722.pdf 3 Benefits and use of any system are dependent on design and inclusion/availability of data. For instance, benefits from assessing response times can only be realized if the system, as designed and functioning, has access to quality response time data.

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2 to be shared and implemented throughout the department, leading to improved overall performance and outcomes.
 Promotes a culture of wellness by monitoring possible indicators of job-related stress and other risk factors. Data-informed proactiveness can improve de- escalation, communication, provide more resources for mental health support, or address other factors that may be contributing to officer stress and burnout.  Allows assessment of trends by types of stops, parts of the city and by particular squads or teams.
 Mitigates risk and reduce litigation by evaluating patterns, trends or incidents in areas such as vehicle collisions, use of force, alleged misconduct, sustained misconduct, and other performance metrics and outcomes. Comparing crime types with personnel information (e.g., number of reported resisting, delaying, obstructing arrest offenses by person or squad) is another type of warning or risk management metric. Most importantly, this can help prevent incidents that could put community members, officers, and suspects at risk of harm or injury.  Helps the City adjust, improve, or create policies, procedures, or training initiatives depending on an evaluation of risk and risk-based outcomes.  Helps the Department identify any important underutilized or inaccessible data that reveals important and actionable trends.4 Insights about time of day or area of the city may be important when crafting a community-informed, precision- based, or problem-oriented public safety solution.
 Provides opportunities for regular risk management meetings with Department leadership to measure progress and reflect on whether deployment patterns and policing strategies and tactics are achieving desired outcomes.  Build trust between law enforcement and the communities they serve by providing data and opportunities for regular conversations between the PAB, the community, the Council, City Management and the Department.

The expectation is that EIS and risk management systems can identify patterns of policing such as the arrest quotas alleged in 2022. The system would help identify officer, squad, or Department-wide outliers or patterns in stops, searches, and use of force and their outcomes, to examine the reasons for racial disparities, to provide educational interventions, and to take administrative action, as appropriate. A system would also be able to extract and create EIS/Performance Management fixed or custom reports.

The EIS would have role level security depending on the desired use and/or confidentiality of the data. Users would be identified by role/rank/assignment and rules 4 For example, the crime hub works well if a community member wants or needs to review reported crimes by type for a specific selection of blocks or search, filter, or contrast to other periods of time.

However, the current hub displays broad classifications of crime such as “assault” and “robbery” but little helpful data regarding these offenses. An assault may be felony or misdemeanor, and a robbery may be everything from shoving a security guard on the way out of a store to an armed carjacking.

The hub doesn’t offer an ability to easily examine these differences nor does the current version use additional filters such as day of week or time of day for reported offenses. It is also still difficult to export hub crime data into raw data that can be used for further data analysis.

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3 associated with those variables allow or disallow functions and access to data as a result.

Data available to the public would be anonymized. Using anonymized and aggregate data, the Department could discuss data and trends regularly with the community, the Council, and the PAB in furtherance of community, Fair and Impartial Working Group and public safety reimagining goals. A fundamental finding of the City’s reimagining process was that disparities are not merely the result of individuals, but systemic socioeconomic forces. Deep analysis enabled by a robust risk management system could help the City and community highlight and address community-level policy pressures that may be driving disparities.

BACKGROUND
Due to funding and time constraints, no comprehensive system as envisioned by the 2021 Council direction has yet been implemented in Berkeley. The Berkeley Police Department operates a less comprehensive “Early Warning System” (EWS) that was originally created in 2004 and revised in 2008. These early efforts consisted of supervisors, commanders and managers manually aggregating informal performance review and counseling intervention program information, and focused on:
(a) Poor attendance and/or abusive use of leave;
(b) Multiple formal sustained or not sustained complaints; (c) Multiple informal complaint inquiries:
(d) Multiple use of force incidents
(e) Multiple obstructing/resisting arrest incidents;
(f) Multiple vehicle collisions; and,
(g) Substandard conduct/performance concerns observed by a superior officer.

Since 2021, the Department has updated the Department’s EWS policy (Policy 1041) to include monitoring stop data for individual officers. However, the system lacks automated data-driven systems to monitor officers’ individual stop data by department management, instead relying on supervisor identification of issues and random quarterly audits of several officers’ stop data, complaints, uses of force incidents and other factors.5
Thanks to Department and Council leadership, BPD maintains a rigorous data and transparency hub which has improved transparency. However, the current hub appears to be largely external facing, and it is unclear to what extent the system informs internal decision-making or accountability as part of the EWS. A Council report by the Department suggests that data streams flowing into the transparency hub are not 5 “Update on the Implementation of Fair and Impartial Policing Task Force Recommendations,” Jennifer Louis, Interim Chief of Police, September 2022, https://berkeleyca.gov/sites/default/files/documents /2022-09-20%20Item%2019%20Update%20on%20the%20Implementation.pdf.

Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System

CONSENT CALENDAR
April 11, 2023
4 necessarily considered internally through the EWS. Rather, as discussed in detail below, reviews are done manually through audits.6
The Department announced in September 2022 that it was piloting a new precision and evidence-based policing data model. The real-time dashboard will track calls for service demands and route call data as part of a “feedback loop” between the Community Services Bureau and Patrol Watch Commanders to help reduce stops that studies have shown had minimal impact on public safety.7 The Department envisions improved accountability from this work, but it is unclear how it relates to the larger EIS concept and whether such additional work to the develop the system is funded. This plan to define, track, and measure precision policing strategy and tactics is promising and there is great potential to integrate it to an EIS.

The 2021 State of California Racial and Identity Profiling Act (RIPA) report identifies two models of successful programs: the Phoenix and Seattle Police Departments. The report clarifies that an EIS system is “meant to be part of a larger performance management system designed to keep communities and officers safe” and to protect against racial and identity profiling.8 Effective systems identify at-risk behaviors before the need for disciplinary action, although they may ultimately include discipline. Key components are identification, accountability, and enforcement.

RIPA data and other potential data streams available to the department provides a long list of potential indicators that might be used to flag outliers, including not limited to:
 Stop, use of force, and warrantless search data that disparately impact people of color;
 Yield rates that are higher among White people than among people of color who are stopped;
 Deployment and policing strategies, policies, and patterns; and  Racial and identity profiling allegations, sustained misconduct charges and other criteria.

The systems proposed by RIPA and other leaders in the field differ from what is mandated in current policy. The identification in the former is accomplished through data analysis across the department, whereas current policy leaves it to individual supervisors to flag individual subordinates for unprofessional conduct, putting much more onus on individual supervisors and making it potentially seem more personal.

As RIPA points out, early warning and risk management systems are not meant to be primarily a disciplinary system.
“To ensure officers do not feel that this system is a ‘gotcha’ system but rather something they should be invested in… training should include what the EIS captures and how the data will be 6 Id.
7 Id.
8 Racial and Identity Profiling Advisory (Ripa) Board Report, State of California Department of Justice, 2021, https://oag.ca.gov/sites/all/files/agweb/pdfs/ripa/ripa-board-report-2021.pdf.

Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System

CONSENT CALENDAR
April 11, 2023
5 interpreted, as well as the purpose of the data. Supervisors should be trained to understand their role in the accountability process and how this may alter their current responsibilities. Agencies must also clearly outline how EIS works, how and why it will be used, and what interventions will look like in their policies and protocols.”
Part of this accountability is consistent, regular follow-through. In addition, the Department needs to determine if such problematic behaviors are generalized throughout the department. For example, it may be that instead of a few outliers, racial disparities of stops, searches, and yield rates are seen throughout the department as a whole. In that case, interventions would include the monitoring and training of supervisors, or changes in policy. If interventions are not effective, disciplinary action may be necessary.

Furthermore, a National Institute of Justice study carried out in three cities found that EIS systems reduced citizen complaints and use of force incidents among officers subject to interventions.9 The cumulative conclusion drawn from these studies is that, to be effective, a system has to be well-constructed and include careful identification, accountability, and follow-up enforcement.

Statistical analysis of BPD data by members of the Mayor’s Fair and Impartial Working Group showed that between 2015 and 2020, Black people were stopped almost twice as often as Whites in circumstances that did not result in any enforcement action (i.e., citation or arrest). Among civilians who are stopped, Black people were searched more than twice as often as Whites.10 This is one of the most important indicators of racial disparities in stops since it suggests a potentially lower threshold for stopping Black people. A more robust EIS will allow the department to disaggregate this data to understand the source of these disparities. This does not mean that officers or groups of officers have done anything wrong, just that an effective EIS system would flag them for careful analysis to see what is driving apparent disparities. Most fundamentally, analysis can drive examination of the legality, benefits and consequences of different stop and search criteria and allow changes at the management and Council levels as disparate outcomes may be the result of policies or training gaps.

Overview of Budget Request
This budget referral would provide resources to hire a consultant to design and help implement a comprehensive system building on what the Mayor’s Fair and Impartial Working Group envisioned, but with a more comprehensive data-analytic capacity and an internal and external focus to enhance both transparency and the Department's ability to safeguard the well-being of its employees as well as the public. 9 Samuel Walker; Geoffrey P. Alpert; Dennis J. Kenney, “Early Warning Systems: Responding to the Problem Police Officer, Research in Brief,” U.S. Department of Justice Office of Justice Programs, July 2001, https://www.ojp.gov/library/publications/early-warning-systems-responding-problem-police- officer-research-brief.
10 “Report and Recommendations From Mayor’s Fair and Impartial Policing Working Group,” February 23, 2021, p. 39.

Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System

CONSENT CALENDAR
April 11, 2023
6 It is in the public interest to refer funds to the June 2023 budget process to accelerate the implementation process of a comprehensive EIS system as envisioned by Council action in 2021 in response to the Mayor’s Fair and Impartial Working Group Report.

Such systems have operated successfully in other localities for some time. Evaluation can be conducted and software programs can be developed with consultants to assist BPD in implementing an EIS.

To achieve a comprehensive and effective EIS system, the scope of consultant work would include:

1. Evaluating the current early warning system.

2. Identifying and including stakeholders in system design: determine who will be impacted by the new policy and involve them in the evaluation process.

3. Collecting and analyzing data: collect data on the existing EIS policy's implementation and effects, both intended and unintended. This could include feedback from stakeholders, data on program outcomes, and review of any relevant reports or studies.

4. Assessing the existing policy's effectiveness: Evaluate the policy against its intended goals and objectives and determine if it is achieving its desired outcomes from BPD, BPA, and community perspectives.

5. Researching and comparing current best or suggested practices.

6. Recommending improvements: Based on current best or suggested practices and/or the results of the evaluation, make recommendations for improvement, revision, or implementation of alternative policies. Provide examples of sample reports that could come from the system.

7. Evaluating a proposed system’s fairness: Consider the impact of the new policy on different groups, including personnel as well as marginalized communities, and determine if the policy is equitable, fair, and just.

8. Evaluating the cost and implementation of alternatives or improvements:
assess the available data and resources required to implement a revised/desired policy and system and identify costs.

9. Communicating results: share the results of the evaluation with stakeholders and decision-makers, and engage in open and transparent discussions about the implications of the findings. Model a process for regular strategic dialogue between the BPD, City Management, Legislators, the PAB and community leaders to review aggregate data, patterns and trends to evaluate policing policies and strategies.

Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System

CONSENT CALENDAR
April 11, 2023
7 10.Assist in Implementing changes: based on the results of the evaluation and recommendations, assist with implementation of any desired changes.

FISCAL IMPACTS OF RECOMMENDATION
It is estimated that consultant work to implement a comprehensive EIS and Risk Management System would cost $100,000.

ENVIRONMENTAL SUSTAINABILITY
Not applicable.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi- Family Housing

RECOMMENDATION
Refer $579,000 to the June 2023 Budget Process for annual City staffing costs and for allied non-profits to implement and administer programs associated with acquisition and prevention of displacement from multi-family housing including the Small Sites Program, investments related to the Empty Homes Tax, and administrative implementation of the proposed Berkeley Community and Tenant and Opportunity to Purchase Act (COPA/TOPA):

Community Development Project Coordination for
acquisition capacity of 3-6 additional projects per
year (HHCS)

1.5 FTE (1 FTE for the Empty Homes Tax and 0.5
FTE for COPA/TOPA) - $318,915*
*Includes $4,500 to support office, technology, and
training needs
Community Development Project Coordination for
COPA/TOPA (HHCS) 0.5 FTE - $108,088
Deputy City Attorney II 0.35 FTE - $101,884
Qualified Organization Capacity Support for two
additional projects per year (in addition to existing
allocation of $100,000 to the Bay Area Community
Land Trust)
$50,000

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The City of Berkeley is experiencing a historic housing and displacement crisis.

Between 2005 and 2019 gross median rent increased by over 50%. This has been

Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi-Family Housing

CONSENT CALENDAR
April 11, 2023
2 particularly burdensome in a city where 58% of residents are renters.1 While in recent years Berkeley has met its RHNA goals for those earning above 120% Area Median Income (AMI), it has failed to build or acquire sufficient housing for everyone else.

Further, housing at the >120% AMI category has not significantly improved affordability for lower income residents and has increased displacement in low-income neighborhoods.2 Unfortunately, Alameda County’s housing remains unaffordable for many of its residents, and this burden does not fall evenly across income and racial groups. While 47% of renters in Alameda County are rent burdened, the rate is 58% for Black renters and 87% for extremely low-income renters.3 As documented by the Rent Board-sponsored Anti-eviction Mapping Project Report, the crisis has contributed to extreme displacement, with the City losing “49.2% of its Black population between 1990 and 2020,” and “only 30% of households below 80% of Area Median Income (AMI) occupy[ing] units that are [ ] affordable to them.”4 The extraordinary gap between the housing needs of residents and the availability of housing can only be bridged through the use of numerous policy interventions including enhancing the resources of the Small Sites Program to support acquisitions under the Empty Homes Tax and COPA/TOPA, and staffing to implement and administer the COPA/TOPA. The market will not do this on its own. Acquiring and preserving affordable housing is key to reaching the housing and equity goals codified in Berkeley’s recently adopted 2023-2031 Housing Element and strategic plan because this is a cost-effective way to ensure the city does not lose the affordable homes it already has while it invests in producing more affordable homes overall.5 The City of Berkeley is pursuing a number of strategies to acquire properties and make them permanently affordable but is forced to do so without adequate resources for City staff, its non-profit partners and for acquisition of properties.

Before the 2008 financial crisis, Berkeley had a robust housing department. The department was downsized and merged with the health department to form Health, Housing, and Community Services (HHCS). Despite limited housing staff, the Department has excelled in face of unprecedent Council demand for housing and acquisition. In contrast to other housing strategies, acquiring existing properties does 1 Anti-Eviction Mapping Project: Densifying Berkeley: Potential Impacts on Displacement and Equity, 2022, https://www.berkeleyside.org/wp-content/uploads/2022/04/AEMP-UpzoningReport-Draft4-3.pdf. 2 Id.
3 California Housing Partnership Housing Needs Dashboard, 2019, https://chpc.net/housingneeds/?view=37.405074,-
119.26758,5&county=California,Alameda&group=housingneed&chart=shortfall|current,cost- burden|current,cost-burden-re|current,homelessness,historical-rents,vacancy,asking- rents|2022,budgets|2021,funding|current,state-funding,lihtc|2010:2021:historical,rhna- progress,multifamily-production.
4 “Anti-Eviction Mapping Project: Densifying Berkeley: Potential Impacts on Displacement and Equity,” 2022.
5 City of Berkeley Housing Trust Fund and Small Sites Program Guidelines. https://berkeleyca.gov/sites/default/files/2022-04/Housing-Trust-Fund-Guidelines.pdf.

Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi-Family Housing

CONSENT CALENDAR
April 11, 2023
3 not result in carbon-intensive demolition and it maximizes continuity and price security, minimizing displacement of long-term and low-income residents. However, to meet this demand in the face of the City’s new Housing Element and other policies, it is critical to bolster staffing in the housing division.

BACKGROUND
The Small Sites program, which acquires and renovates occupied, multifamily rental properties and converts into permanently affordable units or non-equity housing cooperatives, has successfully purchased properties, most recently 13 units of affordable housing on Solano Avenue and eight units in South Berkeley on a church property.6 The program has been a critical piece of Berkeley’s affordable housing strategy through the acquisition and rehabilitation of rental units. The sites guarantee below market rate rents.

On November 8, 2022 nearly two thirds of Berkeley voters approved Measure M, the Empty Homes Vacancy Tax, intended to incentivize owners of housing property to bring units back on the market and discourage speculation. The law will go into effect beginning January 1, 2024 and is expected to identify thousands of vacant units that could be candidates for acquisition, while also generating millions of dollars in revenue for housing acquisition and production. In addition to the staff needed to simply administer the tax, the City needs additional staff to help vet potential candidate properties identified as vacant and possibly available for acquisition. As a general tax, funds from the Empty Homes Tax will be placed into the General Fund. However, the voters in passing Measure M approved the non-binding intention of using the revenue in ways consistent with the Housing Trust Fund as well as other municipal purposes at the discretion of the Council.7
In addition, on March 10, 2020, COPA/TOPA was first presented to the Berkeley City Council’s Land Use, Housing and Economic Development Policy Committee. The ordinance was heard again in March and May of 2021 before passing out of Committee on May 20, 2021 with a qualified positive recommendation. The Mayor held an informational work session on COPA/TOPA on January 27, 2022.8 The ordinance would create legal rights for tenants to make the first offer or match any final offer to buy their home whenever the owner chooses to put it up for sale. Alternatively, tenants could assign these rights to an affordable housing developer so that it can prevent the displacement of the tenants by acquiring the property and preserving its affordability.

COPA/TOPA would also provide technical assistance, education, and financing to help make these purchases possible.
6 Savidge, Nico. “To Boost Affordable Housing, Berkeley Looks to Buy, Not Just Build.” Berkeleyside, 19 Sept. 2022, https://www.berkeleyside.org/2022/06/05/berkeleys-affordable-housing-acquisition- rehabilitation-small-sites.
7 As discussed in the August 2022 Council report that accompanied the Empty Homes Tax and the tax ordinance.
8 Mayor Jesse Arreguín, “Tenant Opportunity to Purchase Act, Adding B.M.C. Chapter 13.89,” January 27, 2022, https://berkeleyca.gov/sites/default/files/2022-04/2022-01- 27%20Item%2001%20Tenant%20Opportunity%20to%20Purchase%20Act.pdf

Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi-Family Housing

CONSENT CALENDAR
April 11, 2023
4 Thus, COPA/TOPA provides pathways to stabilize existing housing for tenants and preserve affordable housing, allows tenants to become first-time homeowners, and facilitates opportunities for democratic ownership of residential property. To be effective, COPA/TOPA requires a well-funded staffing infrastructure to administer and enforce it.

Education, legal and technical assistance to tenants is also needed during implementation to ensure the rights that COPA/TOPA provides can be meaningfully exercised.

FUNDING DETAILS
HHCS’ housing services are currently provided by two units; one unit, the Housing Development Unit, is dedicated to affordable housing development through the City’s Housing Trust Fund, including the Small Sites Program. The unit has a total of 3.5 FTE.

None of the staff are dedicated specifically to Small Sites. Instead, this program has been absorbed into the workload of the unit alongside other housing development projects.

The Department reports that at peak times ahead of multi-year predevelopment or development processes, each Small Sites Program project demands up to 0.5 FTE. The additional 1.5 FTE contemplated in this item could assist HHCS with expanding the capacity of the program and using data from the Empty Homes Tax to identify properties for acquisition and rehabilitation by the City or its partners, including the Land Trust, non-profit developers and the Berkeley Housing Authority.

Current Small Sites Program duties include, but are not limited to:
 Managing projects funded through the Small Sites Program, including acquisition, rehabilitation or new construction by other organizations (typically nonprofit developers);
 Coordinating the disposition of City-owned property for development as affordable housing as needed;
 Developing competitive solicitations (NOFAs, RFPs, RFQs) for development funding as well as consultant services;
 Providing technical assistance, reviewing funding applications, underwriting projects, and making funding recommendations;
 Preparing housing loan or grant agreements using boilerplate documents and negotiate revisions with borrowers. Researching and drafting other types of agreements as needed;
 Monitoring projects during predevelopment and construction. Reviewing and approving draw requests and work with the Department’s fiscal unit to disburse funds;
 Preparing reports and presentations for the City Council and Housing Advisory Commission.

In addition, this budget referral includes the approximately .5 FTE as proposed by the Department in order to implement additional part-time support from HHCS to coordinate the acquisition of properties in connection with COPA/TOPA.

Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi-Family Housing

CONSENT CALENDAR
April 11, 2023
5 The .5 FTE Community Development Project Coordinator duties will include:
 Program Design and Development, including coordinating with CAO to develop process, procedures, forms, etc.
 Developing and maintaining a webpage with certified Qualified Organizations (QO) and Supportive Partners (SP), active seller notices to tenants, and tenant/QO statements of interest
 Certifying and renewing QOs and SPs monitor and evaluate them on an ongoing basis
 Advising tenants and QOs on applying for SSP funding
 Developing targeted materials and provide ongoing education for landlords and tenants.
 Organizing trainings, meetings and webinars, and act as liaison to professional and civic groups, community organizations, and individuals The City Attorney’s Office also indicates it will need additional resources to implement COPA/TOPA, as follows:

Deputy City Attorney II***
Task % FTE Ordinance
Reference
Adjudicate policy exemptions, such as definition of principal residence, family in family transfer, and medical hardship waivers 5% 13.89.050
Adjudicate non-compliance with ROFR (verifies bona fide offers when dispute reported)
5% 13.89.100
Landlord/tenant mediation 5% 13.89.170
Legal Analysis of potential violations 5% 13.89.170
Remedies/Civil Action for violations 10% 13.89.170
Support advising of tenants and QOs 5%
35%
***This is strictly related to ordinance implementation and does not reflect any staffing required for legal challenges to the ordinance
Finally, this request also includes an additional $50,000 per year to assist Qualified Organizations with staff support to acquire up two projects per year. The $25,000 per project line item is included to build sufficient project management capacity for partners with the City. HHCS already acquires approximately two projects per year through the Small Sites Program and provides $100,000 in capacity support to the Bay Area Community Land Trust. Berkeley will need to support additional start-up capacity and allow for ongoing support through pre-development funds related to specific small sites and/or COPA/TOPA projects.

Thanks to the foresight of Berkeley voters, the Council and staff, the Council has a wide variety of General Fund, Special Tax, and fee revenue that can be to acquire housing and maintain it as affordable for current residents and future generations.

The Measure U1 tax, the Housing Trust Fund, Measure O, and Measure M Vacancy Tax all have a strong nexus to property acquisition.

Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi-Family Housing

CONSENT CALENDAR
April 11, 2023
6 It is in the public interest to consider funding staff and non-profit support for acquisition of housing to remain perpetually affordable as part of the June, 2023 budget process.

FISCAL IMPACTS OF RECOMMENDATION
$579,000 per year in staffing costs to enhance the Small Sites Program, fund programmatic and investment of Empty Homes Tax proceeds, and implement and administer COPA/TOPA.

ENVIRONMENTAL SUSTAINABILITY
Acquiring and rehabilitating existing housing stock can be a lower carbon alternative to demolition and building new affordable housing.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
TO: Honorable Members of the City Council
FROM: Councilmember Harrison, Councilmember Bartlett
SUBJECT: Relinquishment of Council Office Budget Funds to Grant Downtown Berkeley Association (DBA) $500 for 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose.

RECOMMENDATION
Adopt a resolution approving the expenditure to grant Downtown Berkeley Association (DBA) $500 for the 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose, with funds relinquished to the City’s general fund for this purpose from Councilmember Harrison’s discretionary Council Office Budget Fund.

BACKGROUND
The Regal United Artists Theater has closed after 90 years. It is currently boarded up, making the once lively façade bare. Fortunately, The Downtown Berkeley Association has commissioned artist, Doran Dada, to paint a mural on the front of the building on behalf of the property owner, Panoramic Interests.

Dada has painted hieroglyphs since a teenager and describes his style of artwork as “Egyptian Wonderland.” His work draws upon “folk art found in ancient cultures as well as in modern western ones,” which hopes will “inspire a new awakening of the magnificent African contributions to the world and help guide us all towards a bright future together!” Dada recently completed a celebrated mural located at 3163 Adeline St.

Relinquishment of Council Office Budget Funds to Grant Downtown Berkeley Association (DBA) $500 for 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose.

CONSENT CALENDAR
April 11, 2023
“God Shu on his Flying Chariot,” by Doran Dada, 3163 Adeline St., Photo by Natasha Kaye | Daily Californian1
The Downtown Berkeley business community has financially suffered from the ongoing effects of the pandemic and the following recession. Many businesses have shutdown, leaving vacant and sterile commercial buildings. Investing in public and accessible murals is one step we can take in stimulating downtown Berkeley’s economy and renewing its rich history of the arts.

Patrick Kennedy and the DBA have funded the mural, but it is important and in the public interest for the District 4 office to contribute to its completion by reimbursing $500 to the DBA. Public art is free for all members of the public to enjoy. 1 Natasha Kaye, “Mural unveiled in South Berkeley as part of 'beautification' efforts,” The Daily Californian, January 27, 2023, https://www.dailycal.org/2023/01/27/new-mural-unveiled-in-south- berkeley-as-part-of-beautification-efforts

Relinquishment of Council Office Budget Funds to Grant Downtown Berkeley Association (DBA) $500 for 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose.

CONSENT CALENDAR
April 11, 2023
Mural In Progress, Photo by Doran Dada
Cost of Completion
Patrick Kennedy DBA District 4 Total
$1,000.00 $500.00 $500.00 $2,000.00

FISCAL IMPACTS OF RECOMMENDATION
No General Fund Impact. $500 is available from Councilmember Harrison’s office account.

ENVIRONMENTAL SUSTAINABILITY
Creating a beautiful, livable, walkable Downtown contributes to Berkeley’s environmental sustainability.

Relinquishment of Council Office Budget Funds to Grant Downtown Berkeley Association (DBA) $500 for 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose.

CONSENT CALENDAR
April 11, 2023

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE ACCOUNT OF COUNCILMEMBER HARRISON FOR A GRANT TO THE 2274

SHATTUCK AVENUE MURAL PROJECT TO PROVIDE PUBLIC SERVICES FOR A

MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Harrison has surplus funds in her office expenditure account; and
WHEREAS, The Regal United Artists Theater has closed after 90 years and is now boarded up with a bare and vacant façade and the owner of the building, the Downtown Berkeley Association, and District 4 Council office will fund artist Doran Dada to paint a mural on the front of the building; and
WHEREAS, the provision of such services would fulfill the City’s and Downtown Berkeley’s commitment to arts and culture, and it’s dedication to stimulating Downtown Berkeley’s economic growth and development;
WHEREAS, public art is free for all members of the public to enjoy and serves a municipal public purpose.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by Councilmember Harrison from her Council Office Budget up to $500 shall be granted to the Downtown Berkeley Association as a grant towards its $1,000 expenditure toward the Shattuck Avenue Mural Project located at 2274 Shattuck Avenue.

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
April 11, 2023
To: Honorable Members of the City Council
From: Councilmember Kate Harrison
Subject: Resolution in Support of AB 641: Automobile dismantlers: catalytic converters.

RECOMMENDATION
Adopt resolution in support of AB 641, Automobile dismantlers: catalytic converters, amending Section 220 of the Vehicle Code to revise and expand the definition of “automobile dismantler” to include individuals illegally in possession of two or more catalytic converters.

BACKGROUND
Catalytic converters are standard technology that help reduce toxic pollution from gasoline and hybrid vehicles. As the price of metals continue to rise, thieves have unfortunately targeted parked vehicles, utilizing portable saws to cut off, steal, and then sell the converters as scrap. Hybrid vehicles such Toyota Priuses, are especially vulnerable given their precious metal content. Repairs can cost owners thousands of dollars.

AB 641, introduced by Assembly Member Vince Fong, would amend Section 220 of the California Vehicle Code to revise the definition of “automobile dismantler,” to include, specifically, a person who has two or more catalytic converters that have been cut from a motor vehicle with a sharp implement. This bill intends to expand the criteria for what can be legally actionable under state law. This bill addresses the current state of catalytic converter theft throughout California by expanding what qualifies as criminal behavior.

Berkeley is facing unprecedented vehicle theft driven, in many cases by the high resale price of catalytic converters. According to the Berkeley Scanner, the number of catalytic converter thefts has drastically risen from 15 incidents in 2017 to 843 incidents in 20221:
a 5,520% increase in just six years. In some cases, catalytic converter theft becomes violent. A handful of reported incidents in 2022 involved gunfire. 1 Raguso, Emilie. “Berkeley Police Find 'Freshly Cut' Catalytic Converter during Car Stop.” The Berkeley Scanner. The Berkeley Scanner, January 20, 2023.
https://www.berkeleyscanner.com/2023/01/20/arrests/berkeley-police-catalytic-converter-arrests/.

Resolution in Support of HR AB 641: Automobile dismantlers: catalytic converters CONSENT CALENDAR April 11, 2023

This is not an issue isolated to Berkeley and the Bay Area. California has seen a massive rise in catalytic converter theft citing 1,600 thefts per month in 2022, accounting for 37% of catalytic converter theft nationally2. While the Berkeley Police Department is doing everything in its capacity to address this urgent issue, it has proven to be a difficult task without supplemental state-wide legislation.

Concerned constituents throughout Berkeley have urged Council to act on the alarming rate of rising catalytic converter theft. It is in the public interest to support legislative work at the state level to ensure Berkeley resident’s safety and property protection.

FINANCIAL IMPLICATIONS
Limited staff time associated with sending a letter to designated recipients.

ENVIRONMENTAL SUSTAINABILITY
No foreseen impact.

CONTACT PERSON
Councilmember Kate Harrison
510-981-7140
ATTACHMENTS:

1. Resolution

2. Support Letters

3. AB 641
2 “Justice Department Announces Takedown of Nationwide Catalytic Converter Theft Ring.” Eastern District of California | Justice Department Announces Takedown of Nationwide Catalytic Converter Theft Ring | United States Department of Justice, November 2, 2022. https://www.justice.gov/usao- edca/pr/justice-department-announces-takedown-nationwide-catalytic-converter-theft-ring.

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

IN SUPPORT OF AB641: AUTOMOBILE DISMANTLERS CATALYTIC CONVERTERS WHEREAS, in the City of Berkeley and statewide, communities face an urgent and ongoing rise in catalytic converter theft; and
WHEREAS, members of the California State Assembly are pursuing an effort to revise the definition of what qualifies an automobile dismantler, to expand its definition to cover existing crime; and
WHEREAS, change in State policy is key to addressing many unmet local policy priorities, providing additional support to local entities with protecting the safety of the public.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it supports these efforts and the passage of AB 641 to expand the definition of automobile dismantlers in Section 220 of the California Vehicle Code.

BE IT FURTHER RESOLVED that the Clerk send a copy of this Resolution and letters of support to Governor Gavin Newsom, State Assemblymember Buffy Wicks, and State Senator Nancy Skinner.

Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: Berkeley City Council in Support of AB 641: Automobile dismantlers:
catalytic converters.

Dear Governor Newsom,
We write to express our strong support of AB 641: Automobile dismantlers: catalytic converters, introduced by Assembly Member Vince Fong, amending Section 220 of the Vehicle Code to revise and expand the definition of “automobile dismantler” to include a person who has possession of two or more catalytic converters that have been cut from a motor vehicle with a sharp implement.

Existing state law fails to address the scope of crime associated with vehicle theft. As we have seen locally and nationally, catalytic converter theft has taken a massive financial and emotional toll on our communities. From cost of repair to fear of violence, vehicle theft leaves communities feeling terrified and violated. Berkeley residents have urged local government to take swift and assertive action.

Berkeley is facing unprecedented vehicle theft driven, in many cases, by the high resale price of catalytic converters. According to the Berkeley Scanner, the number of catalytic converter thefts has drastically risen from 15 incidents in 2017 to 843 incidents in 2022:
a 5,520% increase in just six years.

For these reasons, the Berkeley City Council strongly supports AB 641.

Sincerely,
The Berkeley City Council

California State Senator Nancy Skinner
1021 O Street, Suite 8630
Sacramento, CA 95814
RE: Berkeley City Council in Support of AB 641: Automobile dismantlers:
catalytic converters.

Dear Senator Nancy Skinner,
We write to express our strong support of AB 641: Automobile dismantlers: catalytic converters, introduced by Assembly Member Vince Fong, amending Section 220 of the Vehicle Code to revise and expand the definition of “automobile dismantler” to include a person who has possession of two or more catalytic converters that have been cut from a motor vehicle with a sharp implement.

Existing state law fails to address the scope of crime associated with vehicle theft. As we have seen locally and nationally, catalytic converter theft has taken a massive financial and emotional toll on our communities. From cost of repair to fear of violence, vehicle theft leaves communities feeling terrified and violated. Berkeley residents have urged local government to take swift and assertive action.

Berkeley is facing unprecedented vehicle theft driven, in many cases, by the high resale price of catalytic converters. According to the Berkeley Scanner, the number of catalytic converter thefts has drastically risen from 15 incidents in 2017 to 843 incidents in 2022:
a 5,520% increase in just six years.

For these reasons, the Berkeley City Council strongly supports AB 641.

Sincerely,
The Berkeley City Council

State Assemblymember Buffy Wicks
1021 O Street, Suite 4240
P.O. Box 942849, Sacramento, CA 94249
RE: Berkeley City Council in Support of AB 641: Automobile dismantlers:
catalytic converters.

Dear Assemblymember Wicks,
We write to express our strong support of AB 641: Automobile dismantlers: catalytic converters, introduced by Assembly Member Vince Fong, amending Section 220 of the Vehicle Code to revise and expand the definition of “automobile dismantler” to include a person who has possession of two or more catalytic converters that have been cut from a motor vehicle with a sharp implement.

Existing state law fails to address the scope of crime associated with vehicle theft. As we have seen locally and nationally, catalytic converter theft has taken a massive financial and emotional toll on our communities. From cost of repair to fear of violence, vehicle theft leaves communities feeling terrified and violated. Berkeley residents have urged local government to take swift and assertive action.

Berkeley is facing unprecedented vehicle theft driven, in many cases, by the high resale price of catalytic converters. According to the Berkeley Scanner, the number of catalytic converter thefts has drastically risen from 15 incidents in 2017 to 843 incidents in 2022:
a 5,520% increase in just six years.

For these reasons, the Berkeley City Council strongly supports AB 641.

Sincerely,
The Berkeley City Council

california legislature—2023–24 regular session
ASSEMBLY BILL No. 641
Introduced by Assembly Member Vince Fong
(Principal coauthor: Assembly Member Jim Patterson)
(Coauthors: Assembly Members Alanis, Chen, Dixon, Essayli, Flora, Joe Patterson, Ta, and Wallis)
February 9, 2023
An act to amend Section 220 of the Vehicle Code, relating to vehicles. legislative counsel’s digest
AB 641, as introduced, Vince Fong. Automobile dismantlers: catalytic converters.

Existing law defines an “automobile dismantler” as a person who is engaged in the business of buying, selling, or dealing in vehicles that are required to be registered under the Vehicle Code, for the purpose of dismantling the vehicles, buys or sells the integral parts and component materials of those vehicles, or deals in used motor vehicle parts, as specified. The definition of “automobile dismantler” also includes a person who keeps or maintains on property owned by the person, or under their possession or control, 2 or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways, as specified. Existing law makes it a crime for a person to act as an automobile dismantler without having an established place of business, meeting specified requirements, and having a current, valid license or temporary permit issued by the Department of Motor Vehicles.

This bill would revise the definition of an automobile dismantler to include a person who keeps or maintains on property owned by the person, or under their possession or control, for any of the above-described purposes 2 or more used catalytic converters that have

99

been cut from a motor vehicle using a sharp implement. By expanding the definition of an automobile dismantler, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 220 of the Vehicle Code is amended to line 2 read:
line 3 220. (a)  An “automobile dismantler” is an y a person not line 4 otherwise expressly excluded by Section 221 who: who is engaged line 5 in the business of buying, selling, or dealing in vehicles of a type line 6 required to be registered under this code, including nonrepairable line 7 vehicles, for the purpose of dismantling the vehicles, who buys or line 8 sells the integral parts and component materials thereof, in whole line 9 or in part, or deals in used motor vehicle parts. This section does line 10 not apply to the occasional and incidental dismantling of vehicles line 11 by dealers who have secured dealer plates from the department line 12 for the current year whose principal business is buying and selling line 13 new and used vehicles, or by owners who desire to dismantle not line 14 more than three personal vehicles within any 12-month period. line 15 (a)  Is engaged in the business of buying, selling, or dealing in line 16 v ehicles of a type required to be re gistered under this code, line 17 including nonrepairable v ehicles, for the purpose of dismantling line 18 the v ehicles, who buys or sells the inte gral parts and component line 19 materials thereof, in whole or in part, or deals in used motor vehicle line 20 parts. This section does not apply to the occasional and incidental line 21 dismantling of vehicles by dealers who have secured dealers plates line 22 from the department for the current year whose principal b usiness line 23 is b uying and selling ne w and used v ehicles, or by o wners who line 24 desire to dismantle not more than three personal v ehicles within line 25 an y 12-month period.
99 — 2 — AB 641

line 1 (b)   Notwithstanding the pro visions of subdivision (a), line 2 “automobile dismantler” includes a person not otherwise expressly line 3 excluded by Section 221 who keeps or maintains on real property line 4 owned by him, or under his the person, or under their possession line 5 or control, two or more unregistered motor vehicles no longer line 6 intended for, or in condition for, legal use on the highways, or two line 7 or more used catalytic converters that have been cut from a motor line 8 vehicle using a sharp implement, whether for the purpose of resale line 9 of used parts, for the purpose of reclaiming for use some or all of line 10 the materials, whether metal, glass, fabric, or otherwise, or to line 11 dispose of them, or for any other purpose.
line 12 SEC. 2. No reimbursement is required by this act pursuant to line 13 Section 6 of Article XIIIB of the California Constitution because line 14 the only costs that may be incurred by a local agency or school line 15 district will be incurred because this act creates a new crime or line 16 infraction, eliminates a crime or infraction, or changes the penalty line 17 for a crime or infraction, within the meaning of Section 17556 of line 18 the Government Code, or changes the definition of a crime within line 19 the meaning of Section 6 of Article XIII B of the California line 20 Constitution.

O
99 AB 641 — 3 —

Councilmember Sophie Hahn
City of Berkeley, District 5

CONSENT CALENDAR
April 11, 2023
To: Honorable Members of the City Council
From: Councilmembers Sophie Hahn (Author); Susan Wengraf (Co-Sponsor) Subject: Proclaiming May as Jewish American Heritage Month

RECOMMENDATION
Adopt a resolution proclaiming May as Jewish American Heritage Month.

BACKGROUND
On April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, “As a nation of immigrants, the United States is better and stronger because Jewish people from all over the world have chosen to become American citizens,” and, since then, proclamations in support of Jewish American Heritage Month have been made by Presidents of the United States annually, and by other government entities.

In recent years, Jewish Americans have increasingly experienced antisemitism, including but not limited to physical attacks, vandalism, verbal and physical harassment, and hateful comments posted on social media.

Berkeley has been and continues to be a City greatly enriched by the Jewish American community. This item honors Jewish-Americans in Berkeley and throughout the United States with a resolution in support of Jewish-American Heritage Month.

FINANCIAL IMPLICATIONS
N/A.

ENVIRONMENTAL SUSTAINABILITY
N/A.

CONTACT PERSON
Councilmember Sophie Hahn, (510) 981-7150
Attachments:

1. Resolution

Councilmember Sophie Hahn
City of Berkeley, District 5

RESOLUTION IN SUPPORT OF JEWISH AMERICAN HERITAGE MONTH WHEREAS, Jewish Americans are an important part of the American story and have made significant contributions to all areas of American life and culture since our nation’s earliest days; and
WHEREAS, on April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, “As a nation of immigrants, the United States is better and stronger because Jewish people from all over the world have chosen to become American citizens,” and, since then, proclamations in support of Jewish American Heritage Month have been made by Presidents of the United States annually; and
WHEREAS, generations of Jews from across the globe have come to the United States in search of a better life for themselves and their families, including many fleeing persecution and genocide; and
WHEREAS, in recognition of a shared experience of oppression, and in keeping with longstanding values and traditions, Jewish Americans have participated actively in movements to support equality and civil rights for all peoples; and WHEREAS, Jewish Americans connect to their Jewish identity through history, culture, religion, and through the expression of Jewish ethics and values; and WHEREAS, Jewish Americans are ethnically, socially, politically, and economically diverse, with an estimated 15% percent of Jewish Americans being individuals of color; and WHEREAS, in recent years, Jewish Americans have increasingly experienced antisemitism, including physical attacks, vandalism, verbal and physical harassment, and hateful comments posted on social media,1 and
WHEREAS, the City of Berkeley shares an obligation to condemn and combat antisemitism wherever it exists, to include Jewish Americans in all facets of civic life, and to stand with the Jewish American community against hatred or bigotry; and WHEREAS, there is a need for education and policies that are culturally competent when describing, discussing, and addressing the impacts of being Jewish in all aspects of American society, including discourse and policy; and
1 https://crime-data-explorer.fr.cloud.gov/pages/explorer/crime/hate-crime https://www.adl.org/blog/antisemitic-incidents-reported-to-adl-increase-sharply-during-israel-hamas-conflict https://www.sdjewishworld.com/2021/09/20/survey-finds-jewish-college-students-fear-for-their-safety/

Councilmember Sophie Hahn
City of Berkeley, District 5
WHEREAS we celebrate the rich and diverse heritage of the Jewish American community, including those who live, work and play in Berkeley, and; WHEREAS, we recognize Jewish American commitment to civic engagement and are enriched by local Jewish institutions such as The Magnes Collection of Jewish Life and Art, the Jewish Community Center of the East Bay, New Lehrhaus, Urban Adamah, and Congregations Beth El, Beth Israel, Chabad House, Berkeley Hillel, Congregation Netivot Shalom, Chochmat HaLev, and Beyt Tikkun, as examples;
NOW THEREFORE, BE IT RESOLVED that the City of Berkeley hereby declares the month of May as Jewish American Heritage Month, in appreciation of the achievements and contributions made by Jewish organizations and members of the Jewish American community.

BE IT FURTHER RESOLVED that the City of Berkeley will continue efforts to confront antisemitism and other forms of hate impacting the Jewish American community, support education about the Jewish American community, and include Jewish American culture in programs, activities, and ceremonies throughout the year.

CONSENT CALENDAR
April 11, 2023
Councilmember Sophie Hahn
City of Berkeley, District 5
1 To: Honorable Members of the City Council
From: Councilmembers Sophie Hahn (Author) and Terry Taplin (Co-Sponsor) Subject: Kala Art Institute 2023 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

RECOMMENDATION
Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $250 from Councilmember Hahn and $500 from Councilmember Taplin, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2023, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmembers Hahn and Taplin, and from any other Councilmembers who would like to contribute.

BACKGROUND
Founded in 1974, by Archana Horsting and Yuzo Nakano, as an international residency program rooted in the local community and a forum for ideas, Kala Art Institute encourages artistic experimentation. Over four decades -- from a garage studio with one etching press and a single hot plate to a 15,200 sq. ft. facility in the historic West Berkeley Heinz building -- Kala has grown steadily in the breadth of its offerings and in the size of its operation, yet remains true to its mission to be a workshop of ideas and to engage the community through exhibitions, education, and public programs.

In 2009, Kala dynamically expanded its facility providing new opportunities for artists and the community. With improved studios, project rooms, classrooms, and a 2,200 sq. ft. light-filled gallery with an accessible street level location, Kala is working to maximize its capacity to serve the community as a vital center for artistic experimentation.

Kala serves 35,000 individuals yearly through artist residencies, exhibitions, and community workshops. In addition, Kala’s Artists-in-Schools program provides curriculum-based visual arts education to children in neighboring public schools in Berkeley, Emeryville, and Oakland. Overall, their constituents range from 5 to 95 years old and represent a diverse group of participants including local residents and visiting artists from all states and countries – representing an international spectrum of backgrounds and experience. Bay Area artists represent 85% of participants in Kala’s artist residencies.

Kala Art Institute’s mission is to help artists sustain their creative work over time through its Artist-in-Residence and Fellowship Programs, and to engage the community through

2 exhibitions, public programs, and education.

The heart of Kala’s mission as a vital, California art-making hub is supporting artists and engaging the community. Kala offers professional facilities to those working in and across print and digital media, new media, and performance. Artists at Kala are encouraged to work across disciplines, produce innovative artwork of the highest quality, and are given total freedom to realize their artistic vision using media that span the Gutenberg to digital eras. Kala offers access to equipment, time, and space to cultivate creative projects. Kala’s studios provide tools for printmaking, photography, video, installation, and digital media. Kala fosters a fresh approach to experimentation, as artists investigate the interface of digital work, work made by hand, work made in the studio, performance-based work that engages the community and everything in between. A spirit of exchange and education is nurtured through all Kala’s community programs.

Kala’s creative community builds bridges between the intense art-making environment of the Kala studios, located in the historic Heinz ketchup factory in Berkeley and life outside the studio in Kala’s immediate neighborhood and far beyond. Additionally, Kala is committed to offering quality art education to the general public and public school children through its on-site and online program of classes and workshops, summer programs and its Artists-in-Schools program, established in 1991, providing multiple week artist-led instruction to students in neighboring East Bay public schools.

Celebrating Kala’s 49th year, Art Kala 2023 brings together Kala’s creative community and features the inventive and meaningful art being made in the Bay Area. Art Kala 2023 with Honorary Auction Chair Jules Roman will open the auction benefit exhibition on March 30th with a free, family friendly preview party and will close the exhibition on May 13, 2023 with a festive closing party with food, drinks, music, a live auction and a short program honoring three local artists Pantea Karimi, Gregory Rick, and Jos Sances. Art Kala 2023 will take place at: Kala Gallery, 2990 San Pablo Avenue, Berkeley, California 94702. All proceeds support Kala’s arts education and community arts programs.

More information can be found at: http://www.kala.org/gallery/spring-gala-and-auction/.

FISCAL IMPACTS OF RECOMMENDATION
A total of up to $4,500 from Councilmembers’ discretionary budgets.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
This item is consistent with the City’s vision on sustainability.

CONTACT PERSON
Councilmember Sophie Hahn, (510) 981-7150
Attachments: Resolution

3 RESOLUTION #####-N.S.

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM

THE OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS

FOR A GRANT TO PROVIDE SUPPORT FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Kala Art Institute is a nonprofit organization dedicated to helping artists sustain their creative work over time through its Artist-in-Residence and Fellowship Programs, and to engaging the community through exhibitions, public programs, and education; and
WHEREAS, since 1974, Kala has grown steadily in the breadth of its offerings and in the size of its operation, yet remains true to its mission to be a workshop of ideas and to engage the community through exhibitions, education, and public programs; and WHEREAS, Kala serves 35,000 individuals yearly through artist residencies, exhibitions, and community workshops, and through its Artists-in-Schools program provides curriculum-based visual arts education to children in neighboring public schools in Berkeley, Emeryville, and Oakland; and
WHEREAS, Kala’s constituents range from 5 to 95 years old and represent a diverse group of participants including local residents and visiting artists from all states and countries – representing an international spectrum of backgrounds and experience – with Bay Area artists representing 85% of participants in Kala’s artist residencies; and WHEREAS, Art Kala 2023 brings together Kala’s creative community and features inventive and meaningful art being made in the Bay Area, honoring Pantea Karimi, Gregory Rick, and Jos Sances; with a VIP Print by Pavel Acevedo;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget, up to $500 per office, including $250 from the office of Councilmember Hahn and $500 from the office of Councilmember Taplin, shall be granted to the Kala Art Institute to support Art Kala 2023 and to celebrate Kala’s 49th year of sustaining the creative work of Berkeley artists.

Councilmember Sophie Hahn
City of Berkeley, District 5

CONSENT CALENDAR
April 11, 2023
To: Honorable Members of the City Council
From: Councilmember Sophie Hahn (Author), Councilmembers Ben Bartlett and Terry Taplin (Co-Sponsors)
Subject: Budget Referral: Funds to Study Berkeley’s Affordable and Social Housing Needs and Programmatic and Funding Opportunities

RECOMMENDATION
Refer $250,000 to the June 2023 budget process to study and report to Council on:

1. The need for Affordable Housing in Berkeley to:
a. Rehouse Berkeley’s unhoused residents.
b. Meet the housing needs of very low-, low- and moderate-income Berkeley residents, from less than 30% to 120% of Area Median Income (AMI). c. Significantly increase cooperative, land trust, and other Social Housing, including innovative social housing models that provide significant moderate-income housing opportunities.
d. Meet the needs of low-income artists, seniors, individuals with disabilities, and other populations with unique needs.
e. Potentially increase Affordable Housing, up to 100%, at North Berkeley and Ashby Bart Stations.
f. Meet the City’s Housing Element Affordable Housing production requirements of 5,270 units from 30%-120% AMI in a timely manner, prior to the end of the current RHNA cycle in 2031.

2. Existing and potential new programs to increase homeownership for low-income and first-time homebuyers.

3. Needs/programs to accelerate the City’s Small Sites Program.

4. Existing and upcoming funds available at the local, County, Regional, State, and Federal levels to support Berkeley in meeting its Affordable and Social Housing needs and requirements.

5. Berkeley-specific funds required to meet Affordable and Social Housing needs and to produce Berkeley’s RHNA-required Affordable Housing, including funds to build capacity at Land Trusts and other organizations to deliver Cooperative and Social Housing.

6. Existing sources and amounts of Funding available to meet Berkeley’s Affordable and Social Housing needs and requirements.

Councilmember Sophie Hahn
City of Berkeley, District 5

7. Potential Bonds or other measures to secure necessary Affordable and Social Housing funds including a potential measure or measures on the November 2024 ballot, based on the success of 2018 Measure O.

8. Added costs of delaying the preservation and construction of Affordable Housing, including potential increased costs for land, financing, and construction, and the yearly/per-individual cost of providing services to Berkeley’s unhoused residents.

9. Consequences of failure to meet RHNA Affordable Housing allocations in a timely manner.

10. Potential re-authorization of Measure P in November of 2024 as a permanent measure, to extend additional funding available to support rehousing the homeless.

11. Any other information related to Affordable and Social Housing in Berkeley to help inform residents and the City Council of the need for additional Affordable Housing and Affordable Housing programs and funds, and funds to rehouse the homeless.

Study to be delivered to the City Council no later than December 1, 2023 and to include a plan for Berkeley to meet its Affordable and Social Housing needs and requirements and recommendations for additional funds, programs, and other measures to meet needs over the next decade.

FINANCIAL IMPLICATIONS
$250,000 from the General Fund

CURRENT SITUATION AND ITS EFFECTS
Measure O, passed by 77.5% of voters in 2018, provided $135 million in funding for affordable housing in the City of Berkeley. To date, Measure O-funded projects that are completed or under construction have secured an average of $4.40 of other funding for every $1.00 of City funds. This trend suggests that once all funds have been fully spent, as much as $594 million in new affordable housing will have been built, supported, or preserved as a direct result of Measure O.

Currently all Measure O funds have been raised or pre-allocated to upcoming affordable housing projects in the design phase. No additional funding from Measure O remains to support future projects.

At the same time, Berkeley’s recently passed Housing Element requires the City to produce a total of 5,270 units of housing affordable to families earning from 30% to 120% of AMI. While numbers have decreased in recent years, Berkeley still counts approximately 1,000 homeless people every night. Working and low-income families struggle to find homes. Lotteries for affordable units attract thousands more people than spaces available. There is a clear need for

Councilmember Sophie Hahn
City of Berkeley, District 5
the construction, acquisition, and preservation of additional affordable housing for our community.

To continue Berkeley’s commitment to building and preserving affordable housing, jump-started with Measure O funds, Berkeley must plan ahead.

Similarly, 2018’s Measure P has been tremendously impactful. Berkeley has made quantifiable progress by funding state-of-the-art programs to rehouse the homeless. In fact, during the pandemic years, homelessness in Berkeley decreased by 5% while increasing more than 20% in Alameda County as a whole. The City has successfully rehoused hundreds of individuals, leveraging City of Berkeley funds, supported by Measure P, with additional State and Federal funding. Unfortunately, Measure P sunsets in 2028. This already presents challenges in planning for continued success.

This item funds research and development of comprehensive plans documenting needs and requirements for Affordable and Social Housing and rehousing services for the homeless, and outlining programs and funds needed to meet those needs over the coming decade. With respect to funding needs, this item asks for an assessment of the potential for ballot measures in November of 2024, following on the success of Measures O and P.

BACKGROUND
Affordable Housing Bond
In November 2018 Berkeley voters adopted Measure O which allowed the City to issue up to $135 million in bonds to fund housing for "low-, very low-, low-, median-, and middle-income individuals and working families, including teachers, seniors, veterans, the homeless, students, people with disabilities, and other vulnerable populations.” As a bond measure dedicated to a specific purpose, Measure O required a two-thirds supermajority vote to pass. The measure passed with 77% of Berkeley voters voting in favor.

Measure O included provisions to establish an oversight committee as well as to conduct annual audits. The Measure O Bond Oversight Commission was first convened in April 2019. The Commission met seven times in 2019, one in 2020 prior to the pandemic, and again in February and March of 2021. Subsequently, Council approved the assignment of Measure O oversight to the Housing Advisory Commission and dissolved the Measure O Bond Oversight Commission.

Councilmember Sophie Hahn
City of Berkeley, District 5
Most affordable housing developments leverage the City’s investment with at least 5-7 other funding sources. Measure O-funded projects that are completed or under construction have secured an average of $4.40 of other funding for every $1.00 of City funds.

Per Section 3.6.1 of the Housing Element “A household is considered to have a housing cost burden if it spends more than 30 percent of gross income on housing expenses. Housing expenses include rent or mortgage payments and utilities. For owner households, housing expenses also include taxes and insurance. Households with a cost burden may have trouble making rent, mortgage or utility payments, keeping up with home maintenance, or may have to forego other non-housing related necessities in order to keep up with housing expenses. A household is considered as having a severe cost burden if housing expenses make up over 50 percent of the household’s gross income.”

Councilmember Sophie Hahn
City of Berkeley, District 5
As summarized in Table 3.30: Cost Burden in Berkeley, Alameda County, and the Bay Area (2017), 42 percent of all Berkeley households are cost burdened with 23 percent experiencing a severe cost burden. Cost burden is notably more prevalent among renter households, with over half of renter households paying more than 30 percent of their income to housing expenses.

When compared to the region, cost burden is more widespread in Berkeley than in Alameda County and the Bay area as a whole.

For the 2023-2031 Housing Element, ABAG assigned the City of Berkeley a RHNA of 8,934 units. This RHNA is divided into four income categories. The RHNA does not include the extremely low category. It is estimated to be ½ of the very-low-income need, per Government Code §65583.a.1. The total very-low-income RHNA is 2,446; therefore, 1,223 units are designated as extremely-low-income and 1,223 units are designated as very-low-income.

Reauthorization of Measure P
Measure P provides around $10 million of funding annually from real property transfer taxes to pay for homeless services. Berkeley voters passed Measure P in November 2018 with 72.4% approval.

The City is using funding from Measure P to address immediate street conditions & hygiene, provide emergency shelter and temporary accommodation, establish new permanent housing, and prevent households from becoming homeless again. The City is funding 24 homeless services projects in the current fiscal year with $16.8 million in Measure P funds.

Progress on homeless services projects
Homeless services projects funded by Measure P are providing support services for unhoused members of the Berkeley community. These services include:

Councilmember Sophie Hahn
City of Berkeley, District 5
Immediate street conditions and hygiene
Measure P funds will support nine projects aimed at addressing immediate street conditions and hygiene. These projects address the immediate needs of persons currently living on the streets or in vehicles. The projects provide a range of services, including mental health crisis response, street medicine, lockers, outreach workers, and portable toilets, as well as drop-in services such as food, case management, and help obtaining documents for social services. The City anticipates spending $3.2 million of Measure P funding on these services through June 2023.

Emergency shelter
Measure P funds five projects that provide immediate shelter and supportive services for a range of adults, including transitional-age youth, those seeking to move out of encampments, and others. Support services include coordinated entry system access, housing navigation, and employment development. The City anticipates spending $4.3 million of Measure P funding on these services through June 2023.

Permanent housing
Measure P will also fund four permanent housing projects in the current fiscal year. These projects provide immediate housing and supportive services for single adults and families that were formerly homeless. Services provided by the sites include housing retention services, payee support, and mental health treatment. The City anticipates spending $2.9 million of Measure P funding on permanent housing in the current fiscal year.

Homelessness prevention
Measure P funds will also target two programs to prevent homelessness through legal assistance, housing retention services, and flexible housing funds. These direct interventions help individuals or families who can immediately avoid homelessness. The city anticipates spending $1.9 million on these services through June 2023.1 Securing stable, long term, predictable funding allows staff to plan strategies, make long term commitments to community partners and peer agencies, compete for and secure competitive grant funding, while continuing to address urgent and shorter term needs as they arrive.

Measures O & P were well received by voters in 2018. Together, they have been extremely successful at generating the physical assets to actually house low income residents while funding the vitally needed services to provide transitional support to rehouse many of our homeless neighbors. Substantially similar follow up funding measures modeled on their success provides a clear pathway forward for our community to honor the commitments we’ve made to ending homelessness in an effective and proven manner.
1 https://berkeleyca.gov/your-government/our-work/bond-revenue-measures/measure-p

Councilmember Sophie Hahn
City of Berkeley, District 5

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s Housing Trust Fund Guidelines identify sustainable development as a City priority, and encourage developers to incorporate as many green building strategies and materials as is feasible. New construction affordable housing developments are typically built to third-party, green building standards such as LEED or GreenPoint Rated.

CONTACT PERSON
Councilmember Sophie Hahn, (510) 981-7150
Attachments:

1. Measure O Bond Impacts on Affordable Housing Development in Berkeley

2. Measure P Program Projection as of 9/1/22

3. Affordable Housing Projects Funded by Measure O and Other Sources since 2018

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

ACTION CALENDAR
October 11, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Measure O Bond Impacts on Affordable Housing Development in Berkeley

RECOMMENDATION
Review and discuss the presentation on Measure O Bond impacts on affordable housing development in Berkeley.

SUMMARY
In 2018 Berkeley voters approved Measure O, a general obligation bond that will generate up to $135 million for affordable housing developments. As this report demonstrates, the funds have had a significant impact on the production of new affordable housing units; expanding the City’s Housing Trust Fund portfolio and creating a robust pipeline of new housing developments.

CURRENT SITUATION AND ITS EFFECTS
As of September 30, 2022, $111,379,307 in Measure O funds have either been committed (via an executed loan agreement) or awarded (by Council action) for specific affordable housing development projects. The projects with either committed or awarded Measure O funds are listed below:

Project Name Address Units Measure O Status
Jordan Court 1601 Oxford 35 $3,501,884 Occupied
Berkeley Way –
BRIDGE Affordable
2020 Berkeley
Way
89 $179,494 Lease-up
Berkeley Way Hope
Center - PSH
53 $6,731,092 Lease-up
Berkeley Way Hope
Center Shelter
2012 Berkeley
Way
44* $6,909,837 Lease-up
Maudelle Miller
Shirek Community
2001 Ashby 87 $12,932,000 Under
construction
Blake Apartments 2527 San
Pablo
63 $9,125,000 Under
construction
1740 San Pablo 1740 San
Pablo
54 $7,500,000 Predevelopment

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

BUSD Workforce
Housing
1701 San
Pablo
110 $24,500,000 Predevelopment
BART sites North Berkeley
& Ashby BART
TBD $40,000,000 Planning
Measure O impact: >535
units
$111,379,307
* Shelter beds
Council also reserved $17 million from the third issuance of Measure O (anticipated in 2025) to support the following pipeline projects:

Project Name Address Units City Funding Status
Supportive Housing
in People’s Park
2566 Haste 119 $14,359,593 Predevelopment
St. Paul Terrace 2024 Ashby 50 $12,250,000 Predevelopment Together, the awarded, committed, and reserved funds account for $128,379,307 in Measure O funds. More details about these projects can be found in the attached Measure O Projects spreadsheet.

Measure O’s Impact on the City’s Affordable Housing Portfolio Measure O supplements the City’s Housing Trust Fund, which pools Affordable Housing Mitigation Fees, Inclusionary Fees, Commercial Linkage Fees, Condo Conversion Fees, and entitlement funds from the federal HOME program. Prior to Measure O, the City was able to fund no more than one new construction project every few years. The 15- unit Harmon Gardens was completed in 2011, and the next affordable new construction project was the 42-unit Harper Crossing, which was completed in 2018. The City issued a Request for Proposals in 2019 through which Council approved funding reservations for five new construction projects, all supported with Measure O, including two that were completed earlier this year. In 2010, the City had approximately 1,134 apartments in its portfolio of restricted affordable housing units. With completed projects, active projects, and pipeline projects, the City is on track to nearly double its portfolio in the coming years to over 2,000 apartments.

The following table shows the growth in the City’s affordable housing portfolio since 2010, and the impact Measure O has had on increasing the City’s inventory of apartments affordable to extremely low-, very low-, and low-income households.

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

2010 2012 2014 2016 2018 2020 2022 Pipel
ine
500
700
900
1,
100
1,
300
1,
500
1,
700
1,
900
2,
100
Ber
keley Affordable Housing Portfolio
Year of Deve
lopment Funding Reservation
Affordable Units
Measur
e O
Leveraging of City Funds
The City’s affordable housing development funds are most often reserved early in the predevelopment process. This allows project sponsors to compete for state and federal funds. Typically, the City executes a loan agreement once all permits are ready to issue and full financing has been secured, a process which usually takes years. At times City funds are loaned at site acquisition. As a result, funds may be reserved or committed for years before they are expended.

Most affordable housing developments leverage the City’s investment with at least 5-7 other funding sources. Measure O-funded projects that are completed or under construction have secured an average of $4.40 of other funding for every $1.00 of City funds. Leveraging data for funded developments can be found in the attachment to this report.

Measure O Disbursements
Once Measure O funds are committed to a project, they are typically disbursed on a monthly (or less frequent) schedule when the project sponsor has incurred eligible project expenses as well as satisfied various conditions of the loan agreement. The project sponsor submits an invoice along with documentation of each expense, which is reviewed and approved by multiple City staff before funds are released.

As of 9/30/2022 the City had disbursed $28,871,911 in Measure O funds through seven development loans. Four housing developments are complete or substantially complete

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

(Berkeley Hope Center, Berkeley Hope Center Permanent Supportive Housing, BRIDGE Berkeley Way, and Jordan Court), two are in construction (Maudelle Miller Shirek Community and Blake Apartments), and site acquisition has been completed for 1740 San Pablo Ave. These represent a total of 221 units (including 44 shelter beds) completed with Measure O support to date, and another 150 currently in construction.

Developing affordable housing with Measure O funds is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
In November 2018 Berkeley voters adopted Measure O which allowed the City to issue up to $135 million in bonds to fund housing for "low-, very low-, low-, median-, and middle-income individuals and working families, including teachers, seniors, veterans, the homeless, students, people with disabilities, and other vulnerable populations.” As a bond measure dedicated to a specific purpose, Measure O required a two-thirds supermajority vote to pass. The measure passed with 77% of Berkeley voters voting in favor.

The City has issued Measure O bonds twice so far:
 In FY2020 the City issued $38,000,000 in Measure O bonds. The cost of issuing these bonds, including bond counsel, was $785,000. Net funds received were $37,215,000.
 In May 2022 the City issued $40,000,000 in Measure O bonds. The cost of issuing these bonds, including bond counsel, was $432,800. Net funds received were $39,567,200.

Measure O included provisions to establish an oversight committee as well as to conduct annual audits. The Measure O Bond Oversight Commission was first convened in April 2019. The Commission met seven times in 2019, one in 2020 prior to the pandemic, and again in February and March of 2021.

Subsequently, Council approved the assignment of Measure O oversight to the Housing Advisory Commission and dissolved the Measure O Bond Oversight Commission. The Commissions have reviewed requests for funding, made funding recommendations to Council and received information about the status of funding reservations and commitments. Neither commission produced its own report assessing the status of Measure O. Full commission packets are not available on the City’s new website.

Staff are in the process of contracting with an outside auditor to audit Measure O expenditures as required by the ballot measure. The first fiscal year including Measure O expenditures ended on June 30, 2021 and will be the first year to be audited.

Measure O Bond Impacts on Affordable Housing Development in Berkeley ACTION CALENDAR October 11, 2022

Members of the public who are interested in learning more about Measure O funds as they are allocated and expended can consult the Housing Advisory Commission meeting agendas and materials online, and/or attend the Commission meetings.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s Housing Trust Fund Guidelines identify sustainable development as a City priority, and encourage developers to incorporate as many green building strategies and materials as is feasible. New construction affordable housing developments are typically built to third-party, green building standards such as LEED or GreenPoint Rated.

POSSIBLE FUTURE ACTION
Council will review and take action on funding reservations related to the development of affordable housing at the BART sites, which will be partially funded with Measure O funds.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Council’s funding reservations for pipeline or new affordable housing developments would allocate the remaining Measure O funds, and other available Housing Trust Funds.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510-981- 5228
Attachment:
1: Measure O-Funded Developments

Project Name Project Address Development Partner Description Units1 Affordability Total Measure O
Funds Committed
or Reserved2
Measure O
Disbursements
Through
September 2022
Total City
Funds
Reserved
Projected Sources of
Funds3 Project Status
BRIDGE Berkeley Way 2012 Berkeley Way BRIDGE Housing
89 affordable homes and services
for low- and very low- income
families.
89 50-60% AMI $179,494 $161,544 $2,774,925 Measure O, HTF Under Construction BFHP Hope Center 2012 Berkeley Way
Berkeley Food & Housing
Project (BFHP)/BRIDGE
Housing
32-bed homeless shelter, 12
transitional beds for homeless
veterans, a community kitchen and
wrap-around services for mental
health, substance abuse, job
training and social activities.
44 0-30% AMI $6,909,837 $5,354,255 $16,964,507
Berkeley's Housing Trust Fund
(HTF), Measure U14 (U1),
Measure O
Under Construction
BFHP Hope Center Permanent
Supportive Housing 2012 Berkeley Way BFHP/ BRIDGE Housing 53 permanent supportive housing apartments. 53 0-30% AMI $6,731,092 $6,250,345 $7,727,630 Measure O, HTF Under Construction Jordan Court 1601 Oxford Street Satellite Affordable Housing Associates (SAHA)
34 affordable studio units for
seniors. 12 units will also be set
aside for formerly homeless
households.
35 20-60% AMI $3,501,884 $2,906,118 $6,026,927 HTF, Measure O Completed Maudelle Miller Shirek Community 2001 Ashby Avenue Resources for Community Development (RCD)
86 apartments
for families and individuals. 12 units
will also be set aside for formerly
homeless households.
87 20-80% AMI $12,932,000 $2,336,537 $17,000,000 Measure O, U1, LHTF Under Construction Blake Apartments 2527 San Pablo
Avenue SAHA
21 studio units, eight one-bedroom
units, 33 two-bedroom units and
one three-bedroom manager’s unit.
12 units are prioritized for people
with an intellectual or
developmental disability.
63 30-60% AMI $9,125,000 $6,992,872 $12,000,000 Measure O, U1, State Local Housing Trust Fund (LHTF) Under Construction
1740 San Pablo Avenue 1740 San Pablo
Avenue BRIDGE Housing 53 new affordable homes for
families 54 30-60% AMI $7,500,000 $4,870,239 $7,500,000 Measure O Acquisition / Predevelopment
Berkeley Unified School District
(BUSD) Workforce Housing
Development
1701 San Pablo
Avenue BUSD/SAHA/Abode
Approximately 109 homes in a five
to six story building. Employees of
BUSD and their households will
have a leasing preference.
110 30-120% AMI $24,500,000 - $24,500,000 Measure O Acquisition / Predevelopment
BART Sites Ashby and North
Berkeley TBD TBD TBD TBD $40,000,000 - $53,000,000 TBD Planning >535 New Units $111,379,307 $28,871,911 $147,493,989
Supportive Housing at People's Park 2556 Haste Street RCD 118 affordable units with 62 units
set aside for formerly homeless
households.
119 10-50% AMI FR5 - $14,359,593 TBD Acquisition /
Predevelopment
St. Paul Terrace 2024 Ashby Avenue
Community Housing
Development Corporation
(CHDC)
49 affordable units, including 11
studios, 6 one-bedrooms and 17
two-bedrooms, and 15 three-
bedrooms.
50 30-60% AMI FR - $12,250,000 TBD Predevelopment
Ephesians Legacy Court 1708 Harmon Avenue CHDC 79 one-bedroom units. 80 30-60% AMI FP6 - $3,556,400 TBD Predevelopment 249 $30,165,993
Projects with City Funding Reservations
Measure O Impact
4 General Funds generated pursuant to Measure U1
5 Funding Reservation that the City Council has approved from currently availble affordable housing funds and from forward reservations of up to $17 million from the third issuance of Measure O bonds and $2.5 million in FY2023 general funds generated pursuant to Measure U1 6 Funding Prioritization by City Council priotitizing future housing funds (including but not limited to HTF and Measure O funds) City of Berkeley
Affordable Housing Projects Supported by Measure O
Total Authorized Bonds = $135M
Projects with Measure O Commitments and Reservations
1 total units, including managers' units
2 committed = in contract, and reserved = set aside for a particular project 3 the final mix of funds is determined at loan closing

Project Name Project Budget
City Funds
(including
Measure O)
Non-City Funds Leveraging
Ratio Non-City Sources Notes
BRIDGE Berkeley Way $ 62,563,741 $ 2,774,925 $ 59,788,816 22.5 A1, AHP, AHSC, Tax Credits, TE Bond
BFHP Hope Center $ 19,917,041 $ 16,964,507 $ 2,952,534 1.2 A1, BFHP BFHP Hope Center Permanent
Supportive Housing $ 39,589,497 $ 7,727,630 $ 31,861,867 5.1 A1, Boomerang, AHSC, NPLH, SHMHP, Tax Credits, TE Bond
Jordan Court $ 24,961,105 $ 6,026,927 $ 18,934,178 4.1 A1, AHP, NPLH, Tax Credits, TE Bond Maudelle Miller Shirek Community $ 86,930,256 $ 17,000,000 $ 69,930,256 5.1 AHSC, IIG, NPLH, Tax Credits, TE Bond
Blake Apartments $ 52,284,217 $ 12,000,000 $ 40,284,217 4.4 AHSC, DDS, HCD Accelerator, IIG -
A1
BFHP
Boomeran
g
AHP
AHSC
DDS
HCD Accelerator
IIG
NPLH
SHMHP
Tax Credits
TE Bonds
Non-City Funding Sources:

California Tax Credit Allocation Committee
California Debt Limit Allocation Committee - Tax Exempt Bonds are paired with 4% tax credits Department of Developmental Services
CA HCD - Housing Accelerator Fund
CA HCD - Infill Infrastructure Grant Program
CA HCD - No Place Like Home Program
CA HCD - Supportive Housing Multifamily Housing Program Federal Home Loan Bank - Affordable Housing Program
CA HCD - Affordable Housing and Sustainable Communities Program Alameda County funds
Berkeley Food and Housing Project Capital Campaign
Alameda County A1 Bond funds
average leveraging ratio for Berkeley Way as
a whole = 4.4
BRIDGE and BFHP spread the City subsidy
amongst the three projects, but prioritized the
shelter portion for City funding due to limited
sources for that type of housing.

Leveraging of Measure O/City Subsidy

FY 2019 Actual FY  2020 Actual FY  2021 Actual FY  2022 Actual FY  2023 Estimate FY  2024 Estimate Revenues
Beginning Fund Balance  ‐$   2,932,313$            9,859,779$           17,032,464$         21,771,787$              18,340,647$ Measure P Revenues*  2,932,313$            9,512,603$            10,919,576$         20,591,313$         14,073,750$              14,073,750$ Total Revenues and Balance of Funds 2,932,313$            12,444,916$         20,779,355$         37,623,777$         35,845,537$              32,414,397$ LESS:  Total Expenses ‐$   2,585,137$            3,746,891$           15,851,991$         17,504,890$              16,435,517$ Personnel Costs  ‐$   118,521$              155,753$              281,989$              695,730$                  722,413$ CMO: Homeless Services Coordinator ‐$   ‐$   ‐$   ‐$   196,348$   202,899$ Finance: Accountant II ‐$   ‐$   70,784$                 200,380$               178,858$   193,441$ Finance: Contract Staffing ‐$   38,266$                 ‐$   ‐$   ‐$   ‐$ HHCS: Community Services Specialist II ‐$   80,255$                 84,969$                 81,609$                 ‐$   ‐$ HHCS:
50% Senior Management Analyst ‐$   ‐$   ‐$   ‐$   113,085$   116,560$ HHCS: 2 Year Limited Term Community Services Specialist II ‐$   ‐$   ‐$   ‐$   207,439$   209,513$ Non‐Personnel Costs/ Program Expenses ‐$   2,466,616$           3,591,138$          15,570,002$        16,809,160$             15,713,104$ Fire: 5150 Response & Transport ‐$   846,616$               1,601,639$           1,003,931$            1,900,000$                1,900,000$ Dorothy Day House Shelter ‐$   ‐$   300,000$               566,000$               566,000$   566,000$ Dorothy Day House Drop In ‐$   ‐$   21,340$                 182,000$               182,000$   182,000$ Pathways STAIR Center ‐$   ‐$   1,200,000$           1,499,525$             2,499,525$                2,499,525$ Pathways STAIR Center ‐ ADA/Conversion Project ‐$   ‐$   ‐$   ‐$   ‐$   ‐$ No Place Like Home ‐$   ‐$   ‐$   ‐$   128,750$   128,750$ Hope Center ‐ Mental Health Services ‐$   ‐$   ‐$   ‐$   71,250$   71,250$ Coordinated Entry System ‐$   ‐$   ‐$   1,000,000$            1,000,000$                1,000,000$ BDIC
Locker Program ‐$   ‐$   25,000$                 50,000$                 50,000$   50,000$ LifeLong Medical ‐ Street Medicine ‐$   ‐$   ‐$   525,000$               525,000$   525,000$ YSA Tiny Home ‐$   ‐$   117,000$               78,000$                 78,000$   78,000$ DBA‐ Homeless Outreach Worker ‐$   20,000$                 40,000$                 40,000$                 40,000$   40,000$ Downtown Streets Team ‐$   ‐$   111,243$               225,000$                225,000$   225,000$ Horizon Shelter at 742 Grayson Street ‐$   ‐$   86,633$                 1,002,000$            1,011,900$                1,011,900$ SPARK Safe RV Parking Program ‐$   ‐$   ‐$   398,096$               ‐$   ‐$ Project Homekey ‐$   ‐$   ‐$   7,400,000$            ‐$   ‐$ TRANSFER TAX ‐‐ MEASURE P PROGRAM PROJECTION AS OF 9/1/22

Permanent Housing Subsidies / Shallow Subsidies ‐$                        ‐$                        ‐$                       650,000$               1,600,000$                1,600,000$ 1367 University Avenue Step Up Housing Project ‐$                        ‐$                        ‐$                       ‐$                        1,133,244$                900,000$ HHCS: Square One Hotel Vouchers ‐$                        ‐$                        ‐$                       ‐$                        ‐$                            ‐$ Training and Evaluation ‐$                        ‐$                        ‐$                       50,000$                 133,334$                   133,334$ Homeless Response Team ‐$                        ‐$                        88,283$                 900,450$               918,149$                   920,085$ Berkeley Relief Fund ‐ $                        1,600,000$            ‐$                       ‐$                        ‐$                            ‐$ Portable Toilets ‐ $                        ‐$                        ‐$                       ‐$                        96,000$                      96,000$ Berkeley Emergency Storm Shelter ‐$                        ‐$                        ‐$                       ‐$                        186,500$                   186,500$ One‐Time Use of Measure P for Nexus Community Programs
‐$                        ‐$                        ‐$                       ‐$                        2,722,903$                2,722,903$ Reimagining Public Safety‐Expand Downtown Streets Teams as placement for low‐level violations  ‐$                        ‐$                        ‐$                       ‐$                        50,000$                      50,000$ Expand the scope of services for the Downtown Streets Team to address the need for enhanced services around
commercial and industrial areas in the Gilman District twice weekly ‐$                        ‐$                        ‐$                       ‐$                        50,000$                      50,000$ Reimagining Public Safety: Conduct a service needs
assessment based on 911 and non‐911 calls for service,
dispatch, and response and capacity assessment of crisis response and crisis‐related services ‐$                        ‐$                        ‐$                       ‐$                        100,000$                   ‐$ Reimagining:  Respite from Gender/Domestic Violence ‐$                        ‐$                        ‐$                       ‐$                        220,000$                   220,000$ COVID‐19 Emergency Housing Assistance ‐ Housing Retention Program ‐$                        ‐$                        ‐$                       ‐$                        1,000,000$                ‐$ Anti‐Displacement Programs (Legal Assistance, Housing
Retention Program, Flexible Housing Funds) ‐$                        ‐$                        ‐$                       ‐$                        900,000$                   900,000$ Ramp‐down 5150 transport for people without nexus to
homelessness ‐ transfer to General Fund ‐$                        ‐$                        ‐$                       ‐$                        (578,395)$                  (343,143)$ Fiscal Year Surplus (Shortfall) 2,932,313$            6,927,466$            7,172,686$           4,739,322$            (3,431,140)$               (2,361,767)$ Ending Fund Balance 2,932,313$            9,859,779$           17,032,464$         21,771,787$         18,340,647$             15,978,880$

Project Name Project
Address
Development
Partner Description Units1 Affordability
Total Measure O
Funds
Committed or
Reserved2
Total U1 Funds
Committed or
Reserved
Total City
Funds
Projected City
Sources of Funds3 Project Type Project Status
BFHP Hope Center 2012 Berkeley
Way
Berkeley Food &
Housing Project
(BFHP)/BRIDGE
Housing
32-bed homeless shelter, 12
transitional beds for homeless
veterans, a community kitchen and
wrap-around services for mental
health, substance abuse, job
training and social activities.
44 0-30% AMI $6,909,837 $6,023,365 $16,964,507
Berkeley's Housing Trust
Fund (HTF), Measure U14
(U1), Measure O
New Construction Under Construction
BFHP Hope Center Permanent
Supportive Housing
2012 Berkeley
Way

BFHP/ BRIDGE
Housing
53 permanent supportive housing
apartments. 53 0-30% AMI $6,731,092 $7,727,630 Measure O, HTF New Construction Under Construction BRIDGE Berkeley Way 2012 Berkeley
Way BRIDGE Housing
89 affordable homes and services
for low- and very low- income
families.
89 50-60% AMI $179,494 $2,774,925 Measure O, HTF New Construction Under Construction Jordan Court 1601 Oxford Street
Satellite Affordable
Housing Associates
(SAHA)
34 affordable studio units for
seniors. 12 units will also be set
aside for formerly homeless
households.
35 20-60% AMI $3,501,884 $6,026,927 HTF, Measure O New Construction Completed Maudelle Miller Shirek Community 2001 Ashby
Avenue
Resources for
Community
Development (RCD)
86 apartments
for families and individuals. 12
units will also be set aside for
formerly homeless households.
87 20-80% AMI $12,932,000 $1,568,000 $17,000,000
Measure O, U1, State
Local Housing Trust Fund
(LHTF)
New Construction Under Construction
Blake Apartments 2527 San Pablo
Avenue SAHA
21 studio units, eight one-bedroom
units, 33 two-bedroom units and
one three-bedroom manager’s unit.
12 units are prioritized for people
with an intellectual or
developmental disability.
63 30-60% AMI $9,125,000 $500,000 $12,000,000 Measure O, U1, LHTF New Construction Under Construction 1740 San Pablo Avenue 1740 San Pablo
Avenue BRIDGE Housing 53 new affordable homes for
families 54 30-60% AMI $7,500,000 $7,500,000 Measure O New Construction Acquisition / Predevelopment
Berkeley Unified School District
(BUSD) Workforce Housing
Development
1701 San Pablo
Avenue BUSD/SAHA/Abode
110 homes in a five to six story
building. Employees of BUSD and
their households will have a leasing
preference.
110 30-120% AMI $24,500,000 $24,500,000 Measure O New Construction Acquisition / Predevelopment
BART Sites Ashby and North
Berkeley TBD TBD TBD TBD $40,000,000 $53,000,000 TBD New Construction Planning/ MOU established
Northern California Land Trust's Anti-
Displacement Project
2321-2323 10th
Street
Northern California
Land Trust
renovation of an 8-unit, occupied
property 8 80% AMI $1,620,640 $1,620,640 U1 Acquisition / Renovation Acquired/ Predevelopment
MLK House 2942-2944 MLK
Jr. Way RCD
Occupied HTF project (SROs)
primarily serving clients of Berkeley
Mental Health
12 60% AMI $1,178,974 State Permanent Local
Housing Allocation (PLHA) Renovation Predevelopment/
Pending renovation
Ashby Lofts 2909-2919 Ninth
St. SAHA
Occuped HTF project - 54-units,
providing housing at 30%-50%
Area Median Income (AMI),
including many with physical or
mental disabilities
54 30-50% AMI $850,000 PLHA Renovation Predevelopment/ Pending renovation
City of Berkeley
Affordable Housing Projects Funded by Measure O and Other Sources since 2018 Total Authorized Measure O Bond = $135M
Total Funded and Reserved from All City Sources = $198M Projects with Measure O + Other Funding Reservations and Commitments Attachment 1
9/14/2022