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Internal
I
2023 Berkeley Police
Department Annual
Report
March 12, 2024
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1 Contents
Introduction .................................................................................................................................... 2 St
affing & Workload ........................................................................................................................ 4 Staffing ................................................................................................ ........................................ 4
Workload / Calls for Service ........................................................................................................ 7 Workload Metrics ...................................................................................................................... 10 Department Initiatives .............................................................................................................. 11 What We’ve Done ................................................................................................................. 11 How We’re Doing................................................................................................................... 13 What’s Next ........................................................................................................................... 16 Crime & Investigations .................................................................................................................. 18 Crime Data ................................................................................................................................. 18 Part One Crimes ..................................................................................................................... 19 Crime Categories of Interest .................................................................................................. 20 Department Initiatives .............................................................................................................. 23 What We’ve Done ................................................................................................................. 23 How We’re Doing................................................................................................................... 25 What’s Next ........................................................................................................................... 27 Road Safety & Collisions ............................................................................................................... 29 Collision Data ............................................................................................................................. 29 Department Initiatives .............................................................................................................. 31 What We’ve Done ................................................................................................................. 31 How We’re Doing................................................................................................................... 32 What’s Next ........................................................................................................................... 33 Accountability: Stops & Use of Force............................................................................................ 34 Stop Data Report ....................................................................................................................... 34 Use of Force Report ................................................................................................................... 38 Audits & Oversight ........................................................................................................................ 41 City Auditor Reports .................................................................................................................. 42 Fair and Impartial Policing Recommendations ......................................................................... 42
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2 Introduction
In presenting the Berkeley Police Department's annual report, we reaffirm our enduring mission, embrace our vision for the future, and recommit to our core values. These principles guide our daily operations and strategic planning, ensuring that we serve our community with the utmost integrity, respect, and dedication.
Mission: United in service, our mission is to safeguard our diverse community through pr
oactive law enforcement and problem solving, treating all people with dignity and respect.
Vision: The Berkeley Police Department will be a team of leaders at every level. We will foster strong relationships with our community, inspiring trust through our service, building on our historic tradition of progressive policing, and dedicated to the safety of all.
Values: Service is our calling. As members of this community, the Berkeley Police Department team is committed to proactive law enforcement and problem solving, holding these as our core values:
• Integrity: We are ethical, fair, and trustworthy in all we do. • Sa
fety: We strive to keep our community and each other safe. • Respect: We fulfill our duties with dignity, compassion, and empathy. • Diversity: We value the strength of a diverse workplace and community. We endeavor to reflect the community we serve, promoting inclusion and fairness. • Professionalism: We commit to organizational excellence through progressive training, positive attitude, and superior performance.
Command Staff began the year by strategically assessing the key challenges and opportunities facing the department. We sought to align our priorities with the needs of the community, the concerns of the Council, and the principles named above. Guided by this analysis, we focused on three priorities for 2023:
Recruitment and Retention: Our priority is attracting and retaining staff who align with our core principles. We are proud of our diverse team that shares our community's values and commitment to service.
Proactivity and Problem Solving: Crime prevention and long-term problem solving is a major focus for us. That's why we emphasize being proactive, using data to spot potential issues early and working with the community to find solutions before problems escalate.
Internal Communication: This year we recommitted ourselves to clear, consistent communication so every member of our department feels informed, understands what's expected, and has the resources they need to do their jobs well.
These priorities are reflected in the work completed in 2023 and detailed below. To that end, the value of this report is multifold. To the Council, it offers a transparent, measurable account of our stewardship of public trust and resources, while also highlighting how our strategies align
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3 with and complement the work of the Office of the Director of Police Accountability and the Police Accountability Board. To the community, it underscores our unwavering commitment to public safety and service, demonstrating our efforts in connecting with and uplifting the Reimagining Public Safety initiative and Fair and Impartial Policing principles. To our department, it provides a foundation for continuous improvement and a benchmark for the pursuit of excellence as we move into 2024.
As we present this annual report we invite our community and its representatives to reflect on our shared achievements, to engage with us in addressing the challenges ahead, and to contribute to the evolution of our service to better suit the needs of all those we are privileged to serve.
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4 Staffing & Workload
Despite a high workload, our department has sought to enhance efficiency and service quality.
Through innovative recruitment and retention strategies, community engagement, and performance analytics, we have continued to strengthen our operational effectiveness. Our ongoing commitment to strategic analysis and accountability ensures sustained care and excellence in our service to the community.
Staffing
Current Levels
As of 2/7/24, we are staffed at 151 police officers, well below our current authorized staffing level of 181 sworn personnel. Two of those positions are held by recruit officers who are currently in the academy, and 5 are in field training and will not reach solo officer status until June 2024. Twenty four of the 151 officers are eligible to retire, and at least half of these 24 have stated an intent to retire over the course of 2024.
Berkeley Police Department currently is authorized 36 dispatch positions and is currently staffed with 23 dispatchers and 4 dispatch supervisors. There are currently 2 dispatchers and 0 supervisors that are eligible to retire. The Communications Center is supported by several per diem and other dispatch-qualified employees who alleviate some of the strain of understaffing.
We
are also in the process of hiring additional Community Service Officers (CSO). We are authorized 29 CSOs and are currently staffed with 25. For the last several years we were authorized 22 CSOs but 6 CSOs and 1 CSO Supervisor were added to the Fiscal Year 2023 budget as a recommendation stemming from the reimagining public safety process. Conceptually, the additional CSOs will be trained to respond to lower priority calls and bridge the gap between sworn and professional personnel performing a variety of tasks that would have traditionally fallen to a sworn officer. Community outreach and engagement will be part of the work of CSOs as well. Staff has encountered difficulty identifying the scope of necessary training and attracting existing CSOs to this developing position since it was only funded on a limited three-
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5 year term in the FY 2023 budget. The Department is committed to supporting this reimagining public safety goal and will continue work to develop this program.
Recruitment and Retention Strategies
The Berkeley Police Department prides itself on rigorous evaluation of police officer applicants, as well as hiring and training some of the profession’s best officers who exemplify the department’s overall mission as well as the values of our diverse and vibrant City. Beyond the expectations to successfully complete training and education requirements, the department demands that officers hold themselves to a departmental culture of integrity, respect, and professionalism. The Department continues to actively recruit and work with Human Resources to facilitate open and continuous recruitments to reach full staffing of police officers, dispatchers and other critical positions in the department.
Recrui
tment and Retention Team
To help address the challenges associated with hiring, in 2022 the department committed to the creation of a Recruitment and Retention Team. That team is comprised of officers and dispatchers who work with
Personnel and Training on a
part-time basis to attend job
fairs, work on our social media
outreach, respond to applicants
who submit interest cards, and
facilitate ride-alongs with
officers and sit-alongs with
dispatchers. In 2023, the
Recruitment and Retention
Team attended 111 events,
corresponded with 2,600
potential applicants, and
ultimately funneled 8 recruits into the academy and 4 Lateral officers into the Field Training Program. They also helped to hire 7 Public Safety Dispatchers.
Recruitment Incentives
In 2022, the department introduced the Recruitment and Retention Incentive Program, approved by City Council, to enhance our recruitment strategy and strengthen community ties.
This initiative allowed all city employees to refer potential candidates, significantly increasing our recruiter base and ensuring that we are attracting candidates familiar with the community.
In that way, this initiative supports our efforts to hire individuals who understand and embody Berkeley's deeply rooted values. The incentive program also boosted hiring bonuses for applicants, with 19 applicants qualifying for the incentive in 2023.
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6 Wellness
In 2023, BPD received Collaborative Reform Assistance through the COPS Office, which funded in-person financial wellness training to all employees. This also provided future virtual training for 30 new employees as they are hired. The department used funding from the BSCC Officer Wellness Grant to contract with the West Coast Post Trauma Retreat to provide confidential immersive assistance to employees to work through traumatic experiences and build resilience.
We also used this funding to provide two blocks of training from The Counseling Team International. The training was called First to Respond, Last to Seek Help and Mental Health Mayday, which further assisted officers navigating vicarious trauma and negative health impacts. The BSCC grant was also used to purchase a two-year contract to provide staff with a mobile wellness application called Light House. This application provides staff with anonymous access to health and wellness resources. We renewed our Public Safety Family Counseling Group contract, which supports our Peer Support Team through training and guidance. Their clinicians are essential to assisting with our response to critical incidents, facilitation of critical incident stress debriefs, and providing individual support to employees. BPD continued our partnership with O2X staff to provide nutrition, mental health, sleep and yoga workshops to employees. Our onsite strength and conditioning coach and athletic trainer both saw improved engagement with public safety personnel. Outdated fitness equipment was replaced, a new outdoor break area was created to provide staff an area to regroup and hold meetings outdoors. The BPD Wellness and Resilience Group along with BPD leadership will continue to look for ways to provide services and opportunities to enhance the overall well-being of BPD employees.
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7 Workload / Calls for Service
The Berkeley Police Department (BPD) is committed to providing timely and effective responses to calls for service from our community. This section of the annual report provides a detailed analysis of the calls for service we receive and the strategies we have employed to manage and respond to these calls efficiently and effectively.
Yearly
In 2023, the Berkeley Police Department received a total of 63,791 calls for service (CFS). This figure gives us a sense of the community's needs and the demand for police services.
The data shows a 2.3% increase in the volume of calls compared to the previous year (62,245 total in 2022), signaling a slow increase of call volumes towards pre-pandemic levels. Over the past 5 years, BPD has managed an average of 64,868 calls for service annually.
Monthly
The average number of calls for service per month in 2023 was 5,308.
There is a discernible pattern throughout the year with peaks in May and September, reaching up to 5,737 calls. This pattern is consistent with trends observed in recent years and provides insight into seasonal variations in the frequency of calls that we may expect to see in future years.
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8 Geography
Geographically, the distribution of calls for
service highlights areas of higher demand
within the city. In 2023, City Council District 4
registered the most calls of any council
district.
This geographical pattern has informed our
operational strategies, leading to adjustments
in police beats (more on our beat map below)
and resource allocation to ensure an
appropriate and timely response to
community needs.
Initial Call Type
When a dispatcher receives a call for service, they determine a call type, often a penal code type, using the information immediately available from the caller. An officer may arrive on scene and determine the nature of the incident is different than that of the initial call type.
Therefore, the call type data, along with priority level data (below), is useful as an indication of the information available to the call taker before an officer arrives on scene to investigate further. The most frequent non-officer-initiated call types in 2023 were:
Most Frequent Initial Call Types* 2019 2020 2021 2022 2023 Disturbance 6,833 5,578 5,493 5,450 5,378
Audible Alarm 4,207 3,405 3,671 4,007 4,231
Wireless 911 2,830 2,401 2,580 2,814 3,144
Welfare Check 3,020 2,559 2,693 2,679 2,736
Theft 2,864 2,852 2,101 2,187 2,312
*Non-officer-initiated calls; 5 most frequent in 2023
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9 The data for 2023 shows that the most frequent call types align with the patterns observed in recent years, offering insight into the
prevalent issues and concerns within the
community.
Priority Level
In 2023, nearly 50% of non-officer-initiated
calls for service were classified as Priority 1 or
Priority 2. These categories represent the
most urgent calls, requiring immediate police
response due to their potential threat to life,
safety, or property.
It is important to note that calls classified as
lower priority, such as Priority 3 or Priority 4, often involve serious matters that are considered 'cold,' meaning there is no immediate danger to life or property. These calls might include reports of past incidents where the suspect is no longer on the scene or situations that, while serious, do not require an urgent police response. BPD is dedicated to investigating and resolving these matters with the same level of professionalism and thoroughness as higher priority calls, as every call represents a significant concern for the community members involved.
Dispositions
The disposition of a call for service is selected by officers and dispatch from a predefined list and marks the conclusion of the incident. Due to the complexity and dynamic nature of police responses, a single call may result in multiple dispositions.
Dispositions of Interest* 2019 2020 2021 2022 2023
Case Report 10,141 8,819 8,948 10,318 11,247
RIPA Survey - 594* 1,489 1,379 1,118
Homeless-Related - - 1,275* 2,721 2,727
Mental-Health Related 1,573 1,133 1,840 2,912 3,109
*Non-officer-initiated calls; dispositions for RIPA and Homeless-Related started in 2020 and 2021, respectively.
The disposition data s hows a notable increase in “Mental-Health Related” dispositions in 2022 (reflecting a change in reporting practice) and “Case Report” dispositions in 2023 (reflecting a rise in crime). “Homeless-Related” dispositions have rapidly increased since being tracked in 2021,
while “RIPA Survey” dispositions (stops) have decreased since being tracked in 2020.
These trends reflect evolving community needs and the changing focus of police response efforts.
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10 Workload Metrics
The workload metrics below offer insights into the operational challenges and demands that BPD faces. As staffing levels grow at a slow pace in comparison to the increasing volume of calls for service, it is important to assess the impact on the workload of our officers and the quality of service provided to the community.
Calls per Officer per Shift
One of the primary indicators of an officer's workload is the number of calls handled per shift.
Despite efforts to manage workload through backfilling shifts with overtime, officers addressed more calls per service per shift than in any year since 2019.
This trend is an indicator of the growing demands placed on our officers, highlighting the need for strategic planning and resource allocation to maintain high service standards.
Time on Scene per Call
Another crucial aspect of an officer's workload is the time spent on scene per call. This metric is influenced by various factors, including the nature of the call and the overall activity in the city at the time of the call.
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11 Despite the increase in calls per shift seen above, officers are dedicating more time on scene for each call. This trend reflects both the increasingly complex and demanding nature of the calls and our officers' commitment to providing thorough and quality service in response to each incident.
Department Initiatives
What We’ve Done
In the face of challenging staffing levels coupled with an increasing workload, the Berkeley Police Department (BPD) has proactively taken steps to prioritize our efforts and enhance organizational efficiency.
Department Priorities
In 2023, BPD identified and committed to three core priorities that guided our actions and decisions throughout the year: recruitment and retention, proactivity and problem solving, and internal communication. These priorities were carefully chosen to address the most pressing challenges and opportunities facing the department and thereby maximize the impact of our efforts
The deliberate focus on these three priorities in 2023 was instrumental in keeping the department on track amidst a myriad of challenges and decisions. By consistently revisiting and reflecting on these key areas, we strived to align critical and pivotal decisions made throughout the year with our overarching objectives and the needs of the community we serve. This strategic focus has streamlined our efforts and reinforced our commitment to excellence, innovation, and community engagement.
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12 Updated Beat Structure
Due to the dynamic nature of
crime patterns, service demands
and staffing levels, BPD recognized
the necessity to re-evaluate our
beat structure, which had been in
place for nearly a decade. Though
effective at its inception, the
previous 16-beat structure placed
a significant strain on our limited
patrol resources and intensified a
need for forced overtime.
In response to these challenges,
our Strategic Analysis Team
conducted a comprehensive analysis of calls for service volume, considering temporal and spatial factors. This data-driven approach culminated in the development of a more efficient 14-beat map, designed to achieve a better balance in workload distribution and service delivery across the city.
The transition to the new beat structure was implemented in April of 2023 by the Operations Division. This strategic shift not only addressed the immediate need for more manageable workloads and reduced reliance on overtime but also sets the stage for the generation of valuable data that will inform the ongoing sworn staffing study.
Early results suggest our efforts to achieve a more equitable workload distribution among officers have been successful. Nevertheless, we believe the addition of swing officers would significantly enhance the effectiveness of this new structure. This would provide the adaptability necessary to address unanticipated fluctuations in service demands.
As BPD continues to evaluate and improve its operations, we look forward to the analysis and recommendations from an impending comprehensive staffing assessment (detailed later in this report). That assessment will be invaluable as we make informed decisions about staffing levels and beat design.
Community Engagement
The limitations on officer resources puts greater emphasis on the importance of trusted relationships with our community. The Department’s community engagement efforts are of
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13 vital necessity to maintaining and
increasing an efficient workflow. The
Berkeley Police Department’s dedication
to community engagement and
connectedness was a primary focal point
in 2023. From monthly Coffee with a Cop
events, to numerous neighborhood
meetings, city sponsored special events
and strategic department Pop Up events,
the diverse community engagement
activities have initiated, deepened and
expanded police department
relationships with our community.
One program in particular which
highlights our ongoing relationship with
our community is the Law and Social
Justice pathway, a two-year criminal law
program at Berkeley High School. Now in
its 8th year, Law & Social Justice brings
professionals working within the criminal
justice system into contact with juniors
and seniors at Berkeley High. The BHS
students are introduced to police officers,
community service officers, dispatchers,
prosecutors, defense lawyers, judges,
probation officers, and parole officers,
both in the classroom and in the field. The
goal of the class is to introduce students
to careers while creating a place of
informed dialogue pertaining to the
criminal justice system. At the completion
of this school year the class will have
educated more than 680 students.
How We’re Doing
In our ongoing effort to provide
transparent and accountable policing,
BPD closely monitors a range of
performance metrics. These metrics serve
as indicators of our effectiveness and
Among the many opportunities offered by the Law
and Social Justice class at Berkeley High, ride-alongs
with Berkeley PD police officers stand out for their
profound impact on students. One student
recounted their experience with Officer Villaroel,
saying, "The most thrilling part about the ride along
was when we went code 3 with lights and sirens and
we started speeding down the street... I could just
feel the adrenaline going through me.” The student
went on to reflect “people either have good
experiences or bad experiences with cops and
depending on the experience you've had your
opinion on cops might change… being on that ride
alone makes me want to become a cop." This
firsthand experience not only highlights the
challenges and skills involved in policing but also
emphasizes the importance of understanding the
diverse perspectives people have towards law
enforcement.
Similarly, another student was moved by the
personal story of Officer Valle, noting, "he also told
us that [he] could have never imagined he would
become a police officer, because as a teenager he
had multiple unpleasant experiences with law
enforcement” Officer Valle ultimately “decide[d] that
he wanted to be the change in the system which
resulted in him doing some ride alongs, and then
going to the academy" Such stories are emblematic
of the transformative potential of the Law and Social
Justice pathway, bridging the gap between law
enforcement and the community by fostering
empathy, understanding, and dialogue.
Through these interactions and experiences, the Law
and Social Justice pathway not only educates but
also molds future leaders, thinkers, and change-
makers in our society, reinforcing the connection
between Berkeley PD and our community.
MOMENTS OF IMPACT
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14 efficiency and also offer insights into areas where we can improve. This section dives into key performance indicators including response times, time on scene by call type, and officer- initiated calls.
Response Times
Response time is a critical measure of our service to our community. BPD is committed to maintaining swift response times and ensuring that community members receive timely assistance in emergencies and other situations requiring police presence.
Below is a comparison of response
times to agencies in the region that
publish this data. Because every
agency defines priority levels
differently, we have included (where
available) the percentage of calls that each priority level represents for the corresponding agency.
Median Response Times, 2023
(minutes)
Level 1 (% of all
calls)
Level 2 Level 3 Level 4
Berkeley 7 (13%) 18 (37%) 51 (24%) 55 (22%)
San Francisco 9 (19%) 32 (30%) 105 (51%) -
Oakland 14 184 443 -
San Jose 7 (5%) 24 (42%) - -
Comparison cities chosen based on data availability and region Time on Scene by Call Type
The time our officers spend on the scene is indicative of the complexity of incidents and our commitment to thorough, community-centered policing. Below is a table of 5 types of calls for service and the resources that BPD allocated to those calls. Below the on-scene time is Our median response time for Priority 1 calls was 7
minutes, meeting or exceeding regional standards.
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15 measured from the time that the primary unit- that is, the officer responsible for managing the scene and initial investigation- arrives on scene until that officer is no longer working on the incident.
Median Time on Scene by Call Types of
Interest
Median Primary Unit On-Scene
Time
Avg.
Units/Call
Disturbance 17 minutes 1.9
Grand Theft 62 minutes 1.8
Robbery 116 minutes 5.3
Sexual Assault 194 minutes 2.0
Shooting 285 minutes 15.9
The call types listed above represent some of our most common (Disturbance, Grand Theft) and resource intensive (Robbery, Sexual Assault, Shooting) call types. Less severe calls like disturbances required less time on scene, while more serious crimes such as shootings demanded significantly more officer time and resources. This reflects the department's adaptive resource allocation intended to ensure that more critical situations receive the attention necessary for thorough investigation and community support.
Officer-Initiated Calls
Officer-initiated calls serve as an indicator of proactive policing practices and our dedication to ensuring community safety and preventing crime (for an analysis of the impact of our proactive stops, see the “Stop Report” section below). In 2023, the number of officer-initiated calls reflected the challenges and constraints faced by the BPD, including staffing levels and prioritization of non-officer-initiated calls for service.
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16 The data indicates a lower volume of officer-initiated calls, with an average of 1,173 calls per month. This trend is unsurprising given the impact of staffing levels and the distribution of workload among our officers. Despite these figures, BPD remains committed to proactive community engagement and crime prevention. We are actively exploring strategies to enhance our proactive policing efforts and ensure that our officers have the support and resources they need to effectively engage in community policing and crime prevention, alongside their responsibilities in responding to non-officer-initiated calls for service.
What’s Next
As the Berkeley Police Department (BPD) continues to evolve and adapt to the changing needs of our community and the broader landscape of public safety, we are focused on implementing strategic initiatives that enhance our operational capabilities, ensure accountability, and foster community trust. The upcoming initiatives outlined below represent our proactive approach to addressing current challenges and embracing opportunities for growth and innovation.
Sworn Staffing Study
In our continuous efforts to enhance operational efficiency and align our staffing strategy with the evolving needs of the community, BPD has partnered with Citygate Associates, a firm renowned for its expertise in public safety organizational strategies. Citygate is currently in the process of conducting a comprehensive and independent staffing analysis. This report will bring their extensive experience and specialized knowledge to bear on challenges surfaced by the department, the City Auditor's Audit on Police Overtime and the Fair and Impartial Policing Working Group (more details on recommendations by those bodies below).
Citygate is wrapping up the information gathering phase which involves soliciting feedback from stakeholders as well as analyzing relevant data. The study is on track to be completed by the end of the fiscal year (June 30, 2024). We are optimistic that the findings and recommendations provided by Citygate Associates will be instrumental in shaping our strategic staffing decisions. Early recommendations are being incorporated into the budget process as well as the Command Team Building Workshop we are holding in March 2024. The insights gained from this study will guide our department through this phase of rebuilding staffing levels
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17 and make sure that future deployment of police services in Berkeley is both effective and aligned with the principles of the Reimagining Public Safety initiative.
Strategic Analysis and Accountability
In a step toward institutionalizing data-driven decision-making and enhancing accountability, the department is focusing analytical efforts on strategic planning and accountability. This approach builds upon the foundational work of the Strategic Analysis Team and aims to drive the implementation of equitable, fair, and effective public safety strategies that are deeply rooted in the principles articulated by the City’s Reimagining Public Safety initiative.
This organizational focus will deepen collaboration with key partners including the Police Accountability Board by providing essential data and insights that support comprehensive police accountability and oversight. Key initiatives will include the enhancement and management of our Early Intervention Systems (EIS, more information in the “Audits and Oversight” section) and the overall risk management framework, demonstrating a commitment to operational excellence and innovation in public safety. This shift represents a proactive effort to meet the emerging needs of the department and community and embodies a vision of a more accountable, transparent, and community-aligned approach to public safety.
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18 Crime & Investigations
Amid increasing crime rates, our department employs creative, problem-oriented solutions. Our robust clearance rates, competitive on a regional scale, reflect our commitment to delivering first-class police work from start to finish.
Crime Data
Understanding the distinctions between calls for service, case reports, and confirmed crimes is crucial for clarity when reviewing crime data. Calls for service are the initial contacts made by the public with our department, ranging from reports of suspicious activities to requests for emergency assistance. These calls often prompt further investigation.
Following an investigation, if there is reason to believe a crime has occurred, an officer writes a case report. These case reports document the investigation's details, including any evidence collected, witness statements, and the officer's observations and conclusions at that stage.
The determination of whether prosecution will be pursued falls to the District Attorney (DA).
The DA reviews the case report and decides whether they can prove beyond a reasonable doubt that a crime occurred.
This higher standard— beyond a
reasonable doubt— is the legal
benchmark used in criminal
trials to determine the guilt of
the accused before any criminal
penalty is imposed.
The statistics presented below
are derived from case reports.
These reports form the
backbone of our crime data
analysis as they provide a
comprehensive overview of our
department's investigative activities and outcomes.
It is important to note that the data below utilizes the Uniform Crime Reporting (UCR) Summary Reporting System (SRS) methodology. The SRS is a national reporting standing that facilitates a summarized account of major crime categories, thereby allowing comparisons over time and across jurisdictions. In 2024 we transitioned to the National Incident-Based Reporting System (NIBRS), which is an updated national reporting standard that promises a more detailed and nuanced approach to crime data collection and analysis.
NIBRS provides several key advantages over the UCR SRS. Unlike UCR SRS, which focuses on a limited number of "Part One" crimes, NIBRS includes a broader range of crime categories, offering a more comprehensive view of crime in the community. NIBRS captures detailed
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19 information about each criminal incident, including the types of offenses committed, characteristics of the victims and offenders, types of property involved, and the relationship between the victim and the offender. The detailed data collected through NIBRS supports more sophisticated and nuanced analysis, enabling law enforcement agencies, policymakers, and researchers to identify trends, patterns, and correlations in crime data more effectively across jurisdictions nationwide.
Part One Crimes
Part One Crimes, as classified by the UCR, are comprised of both violent and property crimes, reflecting the most serious offenses. Part Two Crimes include a range of other offenses, providing a broader scope of the crime landscape.
Part One Crimes by Year
In 2023, there was a 10.5% overall increase in total Part One Crime in Berkeley compared to 2022. Specifically, Part One Violent Crimes saw an increase of 100 cases, while Part One Property Crimes rose by 759 cases.
Part One
Crimes by
Year 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
%
Change
2022-
2023
Homicide 3 1 2 1 1 0 5 0 3 1 -66.7%
Sexual
Assault 35 44 54 83 65 74 47 57 89 97 +9.0%
Robbery 263 330 361 364 353 369 274 265 292 386 +32.2%
Aggravated
Assault 130 155 185 218 167 175 210 210 282 282 +0.0%
Total
Violent
Crimes 431 530 602 666 586 618 536 532 666 766 +15.0%
Burglary 932 1090 805 843 829 771 797 803 1036 1228 +18.5% Larceny 3615 4099 3965 4556 4004 4993 3933 3736 4611 4532 -1.7% Auto Theft 555 717 650 621 548 492 805 1098 836 1350 +61.5% Total
Property
Crimes 5102 5906 5420 6020 5381 6256 5535 5637 6483 7110 +9.7% Arson 15 22 24 30 31 17 52 72 52 84 +61.5%
Total Part
One
Crimes 5548 6458 6046 6716 5998 6891 6123 6241 7201 7960 +10.5%
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20 The most significant percentage increases in Part One Crimes were observed in Auto Theft (61.48%), Arson (61.54%), and Burglary (18.53%). Conversely, decreases were recorded in Homicide (-66.7%) and Larceny (-1.71%).
Crime Categories of Interest
In 2023, we observed notable trends in specific crime categories, each presenting unique challenges and requiring tailored approaches for effective management and prevention.
Shootings
2023 marked a significant decrease in shooting incidents within Berkeley, with a total of 31 confirmed incidents compared to 53 in 2022. Confirmed shooting incidents encompass both witnessed events and instances where evidence of gunfire, such as shell casings, was discovered.
While the decline in shootings in 2023 is encouraging, the data presented in the chart above shows that the number of incidents remains substantially higher than the 15 reported in 2017.
The data further indicates that the decrease in 2023 primarily stems from a reduction in ‘No Injury' events, where a firearm was discharged but no individuals were struck; however, the persistent occurrence of both ‘Fatal’ and ‘Non-Fatal Injury’ shootings highlights the need for ongoing interventions to combat gun violence. For more on our efforts to recover guns and our collaboration with the City of Berkeley’s Gun Violence Intervention & Prevention program see below.
Robbery
Robberies are crimes involving the unlawful taking of property from a person or their immediate presence, through the use of force or threat of force. This definition encompasses a range of scenarios, from physical confrontations where a victim is threatened or harmed to secure their belongings, to intimidation tactics where the threat of violence compels a victim to surrender their property. Robberies can occur in various settings, including but not limited to,
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21 public streets (pedestrian robberies), commercial establishments (commercial robberies), residences (home invasions), banks (bank robberies), and incidents involving vehicles (carjackings). The key elements that define an act as robbery include the intent to permanently deprive the owner of their property, the use or threat of force, and the direct interaction with the victim.
Robberies 2018 2019 2020 2021 2022 2023
Pedestrian 229 247 131 119 148 205
Commercial 108 97 117 118 117 135
Home Invasion 5 4 8 8 8 5
Bank 3 2 5 6 4 2
Carjacking 10 14 13 14 15 39
Total 355 364 274 265 292 386
By Gun (% of
total) 82 (23%) 74 (20%) 46 (17%) 74 (28%) 69 (24%) 111 (29%) The data for 2023 indicates a noticeable increase in robbery incidents, particularly in the pedestrian and carjacking categories. This uptick brings the total number of robberies to 386, marking a 32% rise from the 292 cases in 2022.
Hate Crimes
Hate crimes are crimes motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. Hate crimes in Berkeley continue to be a critical concern. The majority of hate crime reports in 2023 were characterized as crimes of intimidation, involving slurs or graffiti, rather than physical violence.
Hate i
ncidents are acts of prejudice that are not crimes and do not involve violence, threats, or property damage. We take hate incident reports because these incidents perpetuate prejudice and intolerance, creating an environment of fear and alienation for the targeted individuals and communities, even in the absence of criminal activity.
Hate Crimes 2018 2019 2020 2021 2022 2023
Race/Ethnicity/National Origin 11 5 7 29 24 27
Religion 3 1 2 11 3 9
Sexual Orientation 3 2 1 2 11 9
Gender 1 0 2 0 0 0
Disability 0 0 0 0 0 1
Total 18 8 12 42 38 46
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22 Hate Incidents 2021 2022 2023
Race/Ethnicity/National Origin 16 22 24
Religion 1 5 19
Sexual Orientation 4 4 7
Gender 0 0 0
Disability 1 0 0
Total 22 31 50
Prior to October 7th, there were 29 hate crimes, 24 of which were tied to race or religion, including 5 anti-Jewish and 1 anti-Arab or anti-Muslim hate crimes. There were 31 hate incidents before this date, with 24 of these being race or religion-related, including 5 anti- Jewish and 4 anti-Arab or anti-Muslim incidents. Since October 7th, we recorded 17 hate crimes, of which 12 were directly related to race or religion, including 5 anti-Jewish hate crimes and a single hate crime targeting Arab or Muslim individuals. In the same period, hate incidents rose to 19, all related to race or religion, with a notable increase to 13 anti-Jewish hate incidents, while no anti-Arab or anti-Muslim hate incidents were reported.
Sexual Assault
The number of sexual assault cases remained at a high level in 2023, mirroring the figures from 2022. This persistent trend emphasizes the importance of providing support services, raising awareness, and implementing preventive measures to address and reduce instances of sexual assault within the community. The Department continues to take reports where the full elements of the penal code are not met, when a survivor requests a report for catharsis and in other non-investigatory situations. For a significant number of cases the survivors choose not to follow through with an investigation. There are a number of reasons for this, but it inflates our reported numbers compared to other agencies and leads to lower clearance rates. It also reflects our total commitment to providing support to survivors. Additionally, these cases are typically closed as “Suspend” not “Closed” as an added safeguard to protect information on these sensitive cases from being released; this practice directly lowers our clearance rate for sexual assaults.
Sexual Assault 2018 2019 2020 2021 2022 2023
Felony 65 74 47 57 89 97
Misdemeanor 31 64 38 50 81 62
Total 96 138 85 107 170 159
In 2023, there were 97 felony and 62 misdemeanor sexual assault cases reported, totaling 159 cases, including an increase in the number of felony cases, and a slight decrease from the previous year's total of 170 cases.
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23 Property Crimes
2023 saw a notable increase in certain property crimes, specifically retail thefts and vehicle thefts, while catalytic converter thefts declined significantly.
Property Crimes of Interest 2018 2019 2020 2021 2022 2023 Commercial Burglaries 275 307 324 316 435 574
Vehicle Thefts 548 492 805 1098 836 1350
Catalytic Converter Thefts 35 186 586 573 847 457
The Department works in collaboration with regional loss prevention agents to identify organized retail theft offenders. Additionally, the department has been working with the San Francisco Police Department Organized Retail Crime and Fencing units, the Oakland Police Department CRT, the CHP Organized Retail Crime Unit, the Emeryville Police Department, the Palo Alto Police Department, the Walnut Creek Police Department, and the Central Marin Police Authority. We share suspect information, including surveillance photos/videos, suspect vehicles, and suspect MO to link cases committed by the same groups of suspects throughout the Bay Area.
Department Initiatives
What We’ve Done
Firearm Recoveries
In 2023, a total of 69 firearms were recovered, marking a decrease of 42% from the previous year.
Firearm Recovery Methods 2019 2020 2021 2022 2023
Patrol calls for service 33 36 51 64 41
Patrol proactive traffic stops 25 17 24 12 11
Detective Follow-up investigation 29 32 43 43 17
Total 87 85 118 119 69
All firearms recovered are processed through the National Integrated Ballistic Information Network (NIBIN). This database is a nationwide collaboration coordinated by the Bureau of Alcohol, Tobacco and Firearms (ATF). The Department enters ballistic information for each firearm recovered and the database makes connections with evidence recovered from shooting scenes, provides information about persons who have owned and or purchased the firearm.
BPD routinely processes recovered firearms for DNA and fingerprints. This work is key to helping determine who shooters or illegal firearms possessors are.
Gun Violence Intervention & Prevention
To further address the issue of gun violence, the City of Berkeley has developed a Gun Violence Intervention & Prevention program framework as a key component of its Reimagining Public
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24 Safety initiative. This comprehensive program aims to significantly reduce gun violence incidents through a multifaceted approach. The strategy combines place-based interventions in critical areas, direct engagement with individuals at risk, street outreach, and the provision of robust social services. This collaborative effort, involving multiple city departments, community-based organizations and field experts, is grounded in empirical evidence and best practices. It represents Berkeley's holistic and proactive approach to fostering a safer community by addressing the proximate causes of gun violence and supporting those most at risk.
Tailored Response and Proactivity to Hate Crimes
In response to hate crimes, the Berkeley Police Department emphasizes customized and effective strategies. Each incident is carefully evaluated based on its specific details, including the people involved and the context, ensuring the response is accurately tailored.
Area Coordinators from the Community Services Bureau work closely with community leaders from the areas impacted, offering targeted safety advice. This includes specific strategies for Crime Prevention Through Environmental Design (CPTED) and personal safety, all adapted to fit the unique needs of each situation.
The department also proactively keeps an eye out for potential threats to stay ahead of any issues. To further enhance safety, patrols are increased around places of worship and sensitive locations during important events, providing extra security when it matters most.
Additionally, the Hate Crime Awareness Week campaign plays a crucial role in raising awareness about hate crimes, encouraging community resilience, and urging people to report incidents. Through these focused and anticipatory actions, the Berkeley Police Department commits to maintaining a safe and welcoming environment for everyone.
Automated Security Checks
BPD, with insights from our Strategic Analysis Team, has started using data to guide our patrols through automated security checks. These checks send officers to specific places at times where their presence can help prevent crime. By using detailed crime data to decide where and when officers should go, we are more effectively deterring crime. This careful planning of patrols is part of our larger goal to make our policing strategies smarter and more data-driven.
This way, we can ensure our crime prevention efforts are not only successful but also adapt to the changing needs of our community.
Engravings
To combat a rise in catalytic converter thefts, the BPD invested in an engraving tool, marking 82 catalytic converters with unique identifiers. This initiative is meant to deter thieves by making stolen parts more identifiable and thus harder to sell.
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25 Through these initiatives, the Berkeley
Police Department has demonstrated its
resolve in adopting a forward-thinking
and community-centric approach to law
enforcement. Our efforts in 2023 have
sought to address immediate concerns as
well as lay a strong foundation for
sustainable safety and security in our
community.
How We’re Doing
As we navigate the complexities of crime
and law enforcement, the Berkeley Police
Department (BPD) remains steadfast in
its commitment to transparency and
accountability. Our performance metrics
for 2023, including Part One Crimes per
capita and clearance rates, provide
valuable insights into our effectiveness
and our ongoing efforts to enhance
public safety in our community.
Part One Crimes per Capita:
With a population of approximately
118,950 (as of July 2022), there were 669
part one crimes overall per 10,000
residents in Berkeley. There were 64
violent crimes per 10,000 residents and
598 property crimes per 10,000 residents
in 2023. In 2022, there were 57 violent
crimes per 10,000 residents and 555
property crimes per 10,000 residents.
Based on the latest data from the
Department of Justice available to the
public, the following crime statistics were
reported in 2022 for cities selected for
their proximity to Berkeley and similar
population sizes:
• In Santa Clara, population 126,930,
there were 31 violent crimes (395
On 1/21/2023 officers responded to an assault
between multiple subjects. The offender had
threatened the 14-year-old survivor with a knife,
twisted her wrist, causing pain and stole various
items from her.
The survivor explained she had been living on the
street and she had met the offender three weeks
prior. The survivor had begun living with the offender
and she was sexually and physically assaulted by the
offender during this time. The offender also
threatened to kill the survivor and prevented her
from leaving the apartment. The survivor disclosed
that the offender furnished and injected
methamphetamine into the victim’s hand. The
offender was arrested at the scene.
Through extensive conversations and follow up,
Detective Martinez and the survivor built trust and
established a close connection. The victim disclosed
that she was a victim of human trafficking in other
cities prior to her arrival in Berkeley. Detective
Martinez connected her with a shelter specializing in
homeless and trafficked youth. Ultimately the
Alameda County District Attorney’s Office charged
the offender with multiple sexual crimes, robbery,
burglary and drug possession.
In the department’s continued commitment to the
survivor, Detective Martinez worked with her family
to find the right family member for her to live with
long term and we matched her with a social worker
specializing in trafficked youth. This social worked
helped get the survivor back into school, into therapy
and helped obtain other resources for the survivor
and her family. Throughout the department’s contact
with the survivor she expressed how she felt seen
and heard by the department and her appreciation
for the work that was done on her case.
MOMENTS OF IMPACT
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26 incidents in total) and 360 property crimes (4,564 incidents in total) reported per 10,000 residents.
• San Leandro, population 86,762, reported 58 violent crimes (499 incidents in total) and 490 property crimes (4,254 incidents in total) per 10,000 residents. • Richmond, population 114,301, reported 88 violent crimes (1,006 incidents in total) and 272 property crimes (3,117 incidents in total) per 10,000 residents.
Clearance Rates
Forensic and electronic evidence, diligent and detailed investigative efforts, as well as community willingness to share information are critical to developing leads and chargeable cases. The following table summarizes our clearance rates of crimes in UCR categories alongside clearance rates for Santa Clara PD (SCPD), San Leandro PD (SLPD) and Richmond PD (RPD) . A note about clearance rates: the numbers reported for BPD in the second table below only cover cases closed within one year of being reported; however, many investigations occur over an extended period and these cases will be closed after this reporting period.
Part One
Crimes
Clearance
Rates* by
Year –
DOJ
2020
SCPD
2020
SLPD
2020
RPD
2020
BPD
2021
SCPD
2021
SLPD
2021
RPD
2021
BPD
2022
SCPD
2022
SLPD
2022
RPD
2022
BPD
Homicide
100
% 14% 25% 33% -
100
% 25%
100
% 0.0% 0.0% 35% 67%
Sexual
Assault 23% 27% 9.1% 6.4% 15% 17% 67% 5.3% 27% 0.0% 17% 7.9% Robbery 39% 20% 19% 21% 35% 19% 26% 26% 24% 12% 10% 31% Aggravate
d Assault 57% 32% 27% 37% 65% 38% 44% 44% 64% 41% 34% 43% Burglary 7.6% 5.0% 7.6% 11% 6.4% 4.7% 17% 16% 10% 5.2% 11% 15% Larceny 5.5% 4.1% 2.6% 6.8% 4.0% 4.2% 1.5% 4.8% 8.5% 4.1% 1.1% 5.4% Auto
Theft 4.3% 2.7% 11% 3.7% 3.7% 2.7% 7.4% 4.3% 6.7% 2.4% 2.5% 6.1% Arson 20% 20% 6.1% 15% 47% 4.5% 17% 19% 29% 8.3% 17% 15%
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2023 Berkeley Police Department Annual Report
27 Part One
Crimes
Clearance
Rates* by
Year –
1-Year
2020
BPD
2021
BPD
2022
BPD
Homicide
100
%
100
%
100
%
Sexual
Assault 22% 10% 15%
Robbery 30% 29% 32%
Aggravate
d Assault 57% 61% 46%
Burglary 12% 15% 10%
Larceny 7.3% 7.0% 6.6%
Auto
Theft 9.3% 8.2% 11%
Arson 25% 32% 27%
*Here we are reporting both a DOJ-calculated clearance rate and a 1-year clearance rate for BPD cases. The DOJ rates are calculated by dividing the number of cases reported by the number of cases closed in the same calendar year. A 1-year clearance rate is the percentage of cases that were closed within a year of being reported.
Looking at the 1-y ear clearance rates, BPD consistently achieved a 100% clearance rate for homicides across all three years. For sexual assault, BPD's clearance rates ra nged from 22% in
2020 to 15% in 2022. Robbery and aggravated assault rates for BPD were generally high, with robbery clearance peaking at 32% in 2022 and aggravated assault at 61% in 2021. Burglary, larceny, and auto theft clearance rates remained relatively low across all jurisdictions, with BPD maintaining consistent rates over the past 3 years.
In 2023, the Property Crimes Bureau was staffed with 3 detectives out of 5 allocated positions, the Youth Services Detail was staffed with 2 detectives of 3 allocated positions, while the Robbery, Homicide and Sex Crimes units were fully staffed.
What’s Next
Gun Violence Restraining Orders
The Department recently began using a newly created tool called the Gun Violence Retraining Order (GVRO). This restraining order allows for the seizure of firearms from a person who “poses an immediate and present danger of causing personal injury to self or another by custody or control, owning, purchasing, receiving or having access to a firearm or ammunition.” Thus far this tool has been used in response to calls for service where gun violence or self-harm could be an issue. Going forward we will leverage this powerful tool to proactively take guns from individuals who pose an immediate and present danger.
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28 Automated License Plate Readers & External Fixed Surveillance Cameras As directed by City Council, in 2023 the Berkeley Police Department (BPD) took additional steps forward in acquiring fixed Automated License Plate Readers (ALPR) and External Fixed Video Surveillance Cameras. Since ALPRs and video surveillance cameras are clearly defined as surveillance technology by the City of Berkeley Surveillance Technology Ordinance (#7,592), we spent months completing the steps outlined in the ordinance to acquire these technologies, including: drafting Surveillance Use Policies; presenting those policies for recommendations to the Police Accountability Board; and receiving City Council Approval of the policies.
Fixed ALPR: After receiving Council approval of the policies (422 and 1305), Berkeley Police Department secured a contract with the preferred vendor, Flock Safety, for the acquisition and installation of 52 cameras on a two-year trial basis from the time of activation. BPD is currently working with Flock Safety and Berkeley Public Works (PW) Department to determine placement of the cameras.
External Fixed Video Surveillance Cameras: San Pablo Park, Berkeley Marina and the PW Transfer Station have had fixed cameras in place for several years. In 2021 BPD was given approval by Council to install additional cameras at ten locations. Those locations are listed in the BPD policies related to Fixed Cameras, 351 and 1304. In 2023, Public Works installed the first camera approved in Policy 351 at 6
th and University Avenue and the Berkeley Police
Department established procedures for tracking access that will permit an audit to be conducted annually.
Throughout 2023, BPD fielded many inquiries from the Berkeley community expressing a strong interest and support for ALPR and fixed surveillance cameras. In 2024 we will continue on our path to installing and utilizing these technologies for combatting crime with careful consideration of cost, equity, privacy and efficacy guiding us every step of the way.
Regional Collaboration
In January 2024, Berkeley PD participated in a regional convening on crime and public safety hosted by Mayor Arreguín. In attendance were law enforcement leaders and elected officials from across the Bay Area. We discussed the regional efforts underway to address crime and safety concerns as criminals have become more sophisticated and brazen. We identified opportunities for strengthened partnerships across jurisdictional lines and will continue our collaboration in this space to more efficiently and effectively use our resources to solve crimes.
There is a lot to be gained from improving our regional approach to data collection and analysis.
Investing in both real-time crime analysis for tactical purposes and to inform strategic analysis and long-term planning can enhance our efforts significantly. By sharing data and insights, we can develop more effective strategies to combat crime and ensure public safety. In 2024, we will continue this partnership further at a regional level, exploring innovative solutions and fostering a more collaborative environment for tackling these challenges together.
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20 23 Berkeley Police Department Annual Report
29 Road Safety & Collisions
Leveraging detailed collision data and community insights, our department has strategically enhanced traffic safety through targeted initiatives and enforcement. As we move forward, our partnership with Vision Zero promises to further deepen our dedication to efficient and effective traffic safety solutions.
Collision Data
In 2023, there were a total of 873 collisions. They included 514 injury and 359 non- injury collisions. Total collisions increased by 23, or 2.6% from 2022. Non-injury collisions increased by 3.6% and fatal collisions decreased to 0. Injury collisions decreased by 6.2% and DUI collisions increased by 3.7%.
Collisions 2019 2020 2021 2022 2023
Fatal collisions 4 2 7 2 0
Injury collisions 520 316 431 548 514
Non-injury collisions 405 271 351 346 359
Total 929 589 789 896 873
The most common causes of injury collisions (the primary collision factor or PCF) were 22350 VC, 21800-21804 VC, 21950(a)VC, and 22107 VC. Bicyclists (107) and pedestrians (97) accounted for 39.7% of the injury collisions. Bicyclists were found at fault in 60 of the collisions and pedestrians in 22 of the collisions. A closer examination of the 60 at fault injury collisions involving a bicycle revealed 19 involved a solo bicyclist falling or hitting an object.
In 2023, 81 collisions (26 injury /
55 non-injury) involved a DUI
driver (an increase from 53 in
2022) which resulted in 39
injured people.
The three intersections which accounted for the highest number of collisions were University Ave/ Acton St, Ashby Ave / San Pablo Ave, and Ashby Ave / Shattuck Ave. The top twelve intersections where collisions occurred were:
20 23 was the first year with no fatal collisions since 2011.
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20 23 Berkeley Police Department Annual Report
30 High Collision Intersections, 2023
Total
Collisions
Injury
Collisions
# of People
Injured
Suspected
Serious
Injury*
University Ave / Acton St 11 9 14 2
Ashby Ave / San Pablo Ave 11 7 11 0
Ashby Ave / Shattuck Ave 11 4 5 0
Ashby Ave / College Ave 10 6 7 1
University Ave / San Pablo Ave 9 4 8 1
University Ave / MLK Jr Way 9 5 5 0
Ashby Ave / MLK Jr Way 8 7 12 4
San Pablo Ave / Gilman St 8 7 10 0
Shattuck Ave / Channing Way 7 4 4 0
Shattuck Ave / University Ave 7 4 4 0
Mlk Jr Way / Blake St 6 6 9 0
Sacramento St / Alcatraz Ave 6 5 9 0
*Suspected serious injury is any injury other than a fatality that results in significant injury as defined in the CHP Collision Investigation Manual (CHP, 2017, p. 5-5)
As p
reviously stated, bicycles were involved in 107 of the injury collisions and pedestrians were involved in 97. Of
the 97 injury collisions involving a pedestrian, 22 found the pedestrian to be at fault, 74 found the driver of a vehicle to be at fault and 1 found a bicyclist to be at fault. Of the 107 injury collisions involving a bicyclist, 60 found the bicyclist at fault, 34 found the driver of a vehicle at fault, 2 found a pedestrian at fault and the remainder were either unable to
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20 23 Berkeley Police Department Annual Report
31 determine fault or a person other than a driver, caused the collision. The biggest factor for this is an occupant in a parked vehicle opening a car door before it is safe/ not yielding to bicyclist in violation of 22517 VC (PCF for 10 bicycle injury collisions in Berkeley in 2023.) Department Initiatives
What We’ve Done
In 2022, BPD reprioritized traffic enforcement efforts around a three-prong approach that focuses on primary collision factors, community member reports and observations reported to the BPD and community caretaking. Community caretaking functions consider safety violations that aren’t always noted as the primary collision factor but can be a significant contributing factor in serious collisions. BPD will continue to collect and analyze collision data to understand and guide needs and shape future resource allocation decisions.
Primary Collision Factors
Automated Security Checks – Calls for service are automatically generated based on collision data, and time and location of occurrence to focus officer discretionary enforcement time on collision prone locations.
Community Reports
Community members are able to submit traffic safety concerns via the Transparency Hub. The submission is triaged and added to the traffic unit’s enforcement requests. After launching this feature in April 2023, the traffic unit received 53 traffic concern submissions.
Community Caretaking
BPD Traffic Unit uses OTS funds to hold DUI checkpoints and DUI saturation patrols. The checkpoints are set up at strategic locations based on the DUI collision and arrest data. DUI checkpoints and saturation patrols use highly trained officers to identify and apprehend impaired drivers and educate the motoring public.
BPD Traffic Bureau just completed a full year of offering a free presentation to senior drivers focusing on the importance of roadway safety for older drivers. The unit has been using education funds from the Office of Traffic Safety (OTS) Grant to teach the program called, “Drive Safer, Drive Longer”. This material was developed by the Training, Research and Education for Driving Safety (TREDS) Program at the University of California San Diego School of Medicine. The classes are held once a quarter at the north and south Berkeley Senior Centers and is designed to increase awareness of the dangers older drivers encounter and to offer strategies to keep them safe and mobile.
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32 In 2023, BPD applied for and
was awarded grant funding that
supports our efforts to reduce
traffic collisions and impaired
driving in Berkeley. Grant
sources include the Office of
Traffic Safety (Selective Traffic
Enforcement Program / STEP
Grant) and the California
Highway Patrol Cannabis Tax
Fund Grant to provide
additional enforcement,
education and traffic safety
programs. The funding allows us
to conduct DUI checkpoints, DUI saturation patrols and provide enforcement in locations identified as high collision areas targeting dangerous driving behavior. Grant funding allows officers to attend training to become proficient in field sobriety testing to detect both alcohol and drug impairment. In partnership with OTS and other law enforcement agencies throughout the state BPD participates in national campaigns such as pedestrian safety month, winter DUI mobilization, distracted driving awareness, bicycle safety, motorcycle safety, walk to school day and click it or ticket enforcement.
How We’re Doing
Moving Violations and Primary Collision Factors
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20 23 Berkeley Police Department Annual Report
33 The tables above outline the moving violations associated with our vehicle stops as well as the primary collision factors for all stops. The violations related to this year’s stop data correlate closely with primary collision factors as well as other serious traffic safety violations geared toward community caretaking.
Transparency Hub Survey Responses
After a community member submits a traffic safety concern via the Transparency Hub and enforcement or education is conducted at the location by the traffic unit, the submission is updated by traffic unit staff indicating the concern had been addressed. In 2023, the traffic bureau conducted 10 traffic safety interventions in response to community concern submissions.
What’s Next
In 2024, BPD will continue to use Office of Traffic Safety grant funding to support traffic safety measures to enhance our enforcement and education efforts. Through grant funding, we intend to increase the number of Drive Safer, Drive Longer classes for aging drivers, increase the number of DUI checkpoints, and continue to use the Traffic Safety Transparency Hub and collision data to guide our traffic enforcement strategies. As we look for other ways to improve our strategies, we are committed to deepening our Vision Zero collaboration with key stakeholders to identify high-risk locations, analyze the causes and contributing factors of collisions, and develop meaningful interventions. Our continued partnership with Vision Zero stakeholders will allow BPD leadership to identify strategies that inform decision making around the way and areas we prioritize traffic safety, guided by our three-pronged approach for traffic enforcement.
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34 Accountability: Stops & Use of Force
Our department's thorough review of stop data and use of force incidents underscores our commitment to moving forward efforts supporting Fair and Impartial Policing. Performance metrics and tests for bias help ensure our practices don't perpetuate societal inequities. With ongoing enhancements in our Early Intervention System (for more, see the “Audits & Oversight” section below), we are steadfast in our mission to deliver public safety equitably to our community.
Stop Data Report
In October 2020, the Berkeley Police Department began tracking and ultimately supplying the State of California with our stop data pursuant to the Racial Identity Profiling Act (RIPA). BPD began this data collection a full two and a half years before agencies our size were required to comply with RIPA. Berkeley began this process early as part of the department’s efforts to better capture, understand and share the data associated with our stops.
During 2023, BPD averaged 442 total stops including 305 vehicle stops, 129 pedestrian stops, and 7 bicycle stops per month for a yearly count of 5,306 total stops, 3,665 vehicle stops, 1,554 pedestrian stops, and 87 bicycle stops.
69.08% of all stops were officer-initiated, primarily focusing on traffic violations, while the remaining stops were in response to calls for service. This data, along with the breakdown of reasons for the stops, is depicted in the following graph.
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35 Yields
880 stops resulted in at least 1 arrest, 2,100 stops resulted in a citation and 1,661 resulted in a warning. 471 stops resulted in no
enforcement action.
In 2023 BPD’s search rate for all stops
was 14% and had an overall
contraband yield rate of 42%. Those
searches resulted in 82 seizures of one or more weapons, including 15 recoveries of one or more firearms. The yield rate for all discretionary searches (searches not incident to arrest, a search warrant, vehicle inventory for towing, or exigent circumstances/emergency) was 48%.
Tests for Bias
BPD is deeply committed to ensuring fairness and impartiality in all aspects of law enforcement.
To uphold these values, we rigorously examine our practices for any potential biases, employing a series of analytical methods to evaluate the objectivity of our policing. This section details our approach to testing for bias. From analyzing at-fault collision demographics to employing methods like yield rate analysis and the veil of darkness test, our approach is multifaceted and data-driven, aiming to foster a culture of transparency, accountability, and equitable policing.
At the core of our analytical approach is an emphasis on discretionary decision making.
Re
search in this field posits that moments of discretion are when implicit bias is most likely to manifest itself. For that reason, in the analyses below we focus on stops where officers were not responding to a call for service nor relying on additional information (for example, a description of a wanted vehicle) when making the decision to stop. This filtering allows us to key in on moments of maximum discretion where we would most clearly see the effects of implicit bias if such bias were to play a role in officer decision making.
According to data published by the RIPA board in
2024, Berkeley’s yield rate was higher than 92% of
all agencies in California in 2022.
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20 23 Berkeley Police Department Annual Report
36 At-Fault Collision Demographics
A key component of this approach is the comparison of at-fault collision demographics with the demographics of individuals stopped for moving violations. This comparison helps us assess whether traffic stops are being conducted based on objective, race-neutral criteria. This test is particularly important because moving violations made up 81% of all discretionary stops in 2023.
Collision data gives us representative sample of who is driving in Berkeley. This information is useful because it gives us a baseline of the population that officers encounter when they make a stop. Looking at drivers who were determined to be the at-fault party in a collision further refines that baseline to give us a sample of who is driving dangerously in Berkeley. Because we expect our traffic enforcement to focus on dangerous drivers, if our traffic enforcement is unbiased, we would expect a close alignment between the demographics of those involved in at-fault collisions and those stopped for moving violations. Close alignment of those demographics would indicate that stops are influenced by driving behavior rather than implicit biases.
An analysis of 2023 data indicates a close alignment between these two demographic groups.
This is the finding we would expect if officers are using race-neutral factors when making a discretionary stop for a moving violation.
Yield Rate Analysis
Another method of determining whether officer discretion is influenced by implicit racial bias is to measure whether the officer’s decision to search is subject to a lower threshold of suspicion for Black and Brown people as compared to for White people. Often called yield rate analysis, the method assumes that race-neutral indicators observable by an officer will accurately predict the probability that a search will uncover contraband. The logic follows that a search triggered by a given level of suspicion based on race-neutral factors will ‘yield’ contraband at the same rate across racial groups. Conversely, a higher yield rate for searches of White people
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20 23 Berkeley Police Department Annual Report
37 as compared to searches of Black people would indicate that officers are deciding to search White people when they have a higher confidence of finding contraband.
Th
e nearly equivalent search yield rates between Black and White individuals are in line with what we would expect to see if searches conducted by officers were based on factors that do not involve race. A regression analysis conducted by the RIPA board in 2024, which examined data from 2022, found that race— specifically being Black or Hispanic as opposed to White— did not have a statistically significant effect on the likelihood of a Berkeley PD search yielding contraband. This is the result we would expect to see from search decisions being carried out without bias.
Veil of Darkness
The "veil of darkness" analysis is a test of implicit bias at the decision to stop. The analysis looks at the proportion of stops that are of a racial group when it is light outside versus when it is dark outside. If Black people are stopped more often in the light than in the dark, it could indicate that the visibility of race is playing a role in the decision to stop. The test takes advantage of daylight savings time and seasonal changes in day length by looking at times of the day (say, 6:30pm) where for part of the year it is dark outside and part of the year it is light out. Those times can be called the “inter-twilight period.” In that way the test can control for any changes in the distribution of who is on the street throughout the day (as opposed to just doing day vs. night) while observing the difference in stop patterns when race is more visible or less visible to an officer.
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38 The graph below is a visual representation of this comparison. The test relies on the assumption that race is more apparent to the officer in the light than in the dark, and to the extent that the assumption is violated by the presence of streetlights or racially correlated characteristics of the car or neighborhood, the validity of the test is undermined. Nevertheless, as long as the assumption holds on average, the test can indicate the presence of the effect; that is, a result concluding a statistically significant result would be evidence of the presence of bias, while a null result would not necessarily prove the absence of bias.
The close alignment of demographic groups for discretionary stops in the dark and in the light during the “inter-twilight period” seen above is what we would expect to see if those stops were being made based on race-neutral factors.
Use of Force Report
Berkeley Police Department takes pride in our ability to accomplish our work with minimal reliance on force through approaches that include de-escalation techniques, as well as an awareness of mental health crisis issues and appropriate responses. The department reinforces these skills and strategies through regular training.
In February 2021, BPD transitioned to a new Use of Force Policy that had several substantial changes, that included a de-escalation requirement and an expanded use of force reporting standard. Under this policy, reportable force is delineated into the following four categories:
Level 1 – Involves grabs, control holds, the use of leverage, or body weight with no injury or complaint of pain.
Level 2 – Applies when an officer points or deploys a firearm while interacting with someone. It also applies to a Level 1 force that involves more than momentary discomfort but does not have an injury or complaint of pain.
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20 23 Berkeley Police Department Annual Report
39 Level 3 – Parallels our old Use of Force reporting standard and involves the use of a weapon, subject injury, or complaint of pain. This category also applies to specific circumstances when an officer does not activate their body-worn camera.
Level 4 – Applies when an officer uses a firearm or when there is an in-custody death.
The department use of force policy requires officers to report uses of force to their sergeant, who documents these incidents in a formal report. A lieutenant and captain review each report, including associated body worn camera (BWC) footage, before forwarding it to Internal Affairs.
In a given incident, more than one technique or type of force may be used to bring a resistant or combative individual into custody, and more than one officer may use force during the incident.
In 2023 there were 346 incidents that involved 1,214 uses of force. 68 % of all uses were Level 1 uses of force, and 28% were level two. These two categories accounted for 96% of all uses.
While the department has consistently evaluated individual use of force incidents, our expanded data collection and analysis tools allow us to understand and evaluate our use of force trends and share them with the community.
Of the 49,703 non-officer-initiated calls for service that BPD received in 2023, 0.54% (268 incidents) resulted in a use of force incident, and 0.06% (29) resulted in a use of force that produced more than a minor complaint of pain or where a weapon was used (Level 3 and 4).
77.46% of our use of force incidents occurred when officers responded to calls for service from the community, and trends show that calls for service account for a larger percentage of cases where force was used this year than in previous years: 77.46% versus 75.85% in 2022 and
68.5% in 2021.
The chart below illustrates that while carrying out arrests, the likelihood of use of force incidents occurring during arrests is relatively similar across racial groups. Specifically, the use
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20 23 Berkeley Police Department Annual Report
40 of force was involved in 7% of arrests for Asian subjects, 13% for African American subjects, 11% for Hispanic subjects, and 12% for White subjects. These closely aligned rates are what we would expect if the decision to use of force is being determined by factors other than race.
Utilizing the number of arrested subjects as a baseline for comparing use of force rates is a valuable approach because it reflects the most common scenario in which force is applied. By evaluating use of force as a percentage of arrests, we can more accurately assess the frequency and circumstances in which force is used. This method helps to isolate the act of arrest as a variable and allows for a direct comparison of use of force incidents relative to that variable across different racial groups.
The close percentages across racial groups is what we would expect to observe if use of force is more closely associated with the dynamics of the arrest situation itself rather than the race of the individuals involved.
The department also tracks use of force complaints. While our use of force cases are always reviewed by a Lieutenant and Captain, those associated with a personnel complaint are also subject to an Internal Affairs Bureau (IAB) investigation. The results of the investigation (including BWC footage) are given to a Board of Review that evaluates the case and makes a recommendation to the Chief.
In 2023 the department received a total of 12 complaints associated with use of force incidents.
To date, 7 of those investigations have been completed while 5 are still being evaluated.
Additionally, 6 out of those 12 cases were also independently assessed by the Office of the Director of Police Accountability and Police Accountability Board. Of the 7 completed cases reviewed by the department or the ODPA/PAB, 0 resulted in sustained findings of misconduct.
The department will continue to collect, evaluate, and assess our use of force data and use it to inform our policies and training with a focus on achieving positive outcomes.
APPENDIX DPage 196 of 351
2023 Berkeley Police Department Annual Report
41 Audits & Oversight
In 2023, the Berkeley Police Department significantly
advanced towards fulfilling oversight directives,
completing key reports, audits, and policy reviews, while actively engaging in training and collaborative efforts to ensure fair and impartial policing.
In 2023 we completed a number of reports and audits
including:
• The 2022 Annual Complaint Statistics from t
he
Internal Affairs Bureau
• The 2022 Police Equipment and Community
Safety Ordinance Annual Report
• The 2022 Police Department Annual Report
• Biannual Automated License Plate Reader audits
• Quarterly Early warning system audits
• Quarterly Fair and Impartial Policing updates
• City Auditor open audit updates
• Contracted for a department-wide staffing and
resources assessment with Citygate consulting
The department also actively participated in a number
of subcommittees and collaborative conversations with
the PAB including reviews of the policies for Body Worn Cameras, Off Duty Officer Conduct, Early Intervention
System, and Departmental budget development.
Our personnel also completed annual refresher training
to satisfy our policies and state requirements for
continuing education.
The work mentioned here is just a portion of the 2023
efforts within the department, which also included
contributions to the city's Gun Violence Intervention & Prevention program and the assessment of 911
dispatch services, alongside collaborations with Health, Housing, and Community Services on reimagining public
safety projects. Much of this administrative work falls to sergeants and lieutenants, who are also responsible
for the supervision and leadership of their teams.
One of the duties of the Police
Accountability Board (PAB) is to
recognize officers who demonstrate
exceptional service. An illustrative
example of this is the commendation
awarded to Officers Gasper and
Ludovico for their skilled and
empathetic handling of a critical
incident on April 6th.
Facing a situation where a person in
crisis threatened to jump from a
third-story window, the
commendation highlights,
“Both [Ofc. Gasper] and Ofc.
Ludovico know many of the people
encountered in the west area of
Berkeley and have established
working relationships with many of
those people which has allowed
them to gain both trust and
compliance in critical incidents. April
6th was one of those days where
that trust mattered the most.”
Their ability to deescalate the
situation and secure medical and
mental health support for the
individual underscores the
importance of community trust and
engagement in policing.
This act of recognition by the PAB
not only celebrates the officers'
dedication but also emphasizes the
board's commitment to
acknowledging the positive impact of
law enforcement personnel who
vividly illustrate BPD’s commitment
to service.
MOMENTS OF IMPACT
APPENDIX DPage 197 of 351
20 23 Berkeley Police Department Annual Report
42 Below are updates on our progress towards completing the recent City Auditor report recommendations and our quarterly update on our implementation of the Fair and Impartial Policing Working Group recommendations.
City Auditor Reports
There were three open audits in 2023. Working with Auditor Wong and her staff, two have been fully completed. The remaining open audit contains 12 recommendations. Of these, 10 are complete leaving only 2 open recommendations. Both of these items are related to staffing and involve our in-progress work with an outside consultant (Citygate). Both are actively being worked on;
• 911 Dispatchers: Understaffing Leads to Excessive Overtime and Low Morale (Complete) • Data Analysis of Berkeley’s Police Response (Complete) • Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities (Open/In Progress)
The Department will be submitting our next audit update to City Council in May 2024 regarding the two remaining open audit items. We look forward to continuing to work with Auditor Wong’s office to accomplish all of the recommendations in this budget related audit.
Fair and Impartial Policing Recommendations
BPD has worked hard to fully implement the Fair and Impartial Policing (FIP) Working Group recommendations, and efforts in this area are ongoing and live well beyond the specific recommendations of Council. A prime example of this is the analysis presented in the “Accountability” section above, where we track key measures of fair and impartial policing outcome. The FIP Working Group recommendations have provided invaluable guidelines as we enhance our policies and protocols to ensure the highest standards of policing and are deeply aligned with our departmental values. The department will continue ensuring our personnel, policies and actions support fair, impartial and equitable treatment of all those we serve. The department is also committed to maintaining transparency and accountability in our reporting on these efforts to the community and Council. To ensure this, we will continue providing information both via our Transparency Hub as well as our annual department report.
FIP Working Group Recommendations Progress Report: March 2024 We have made significant progress in implementing the recommendations set forth for the department, with actions taken in nearly all areas specified. The final piece, an extensive staffing assessment conducted by Citygate Associates, is underway and its completion will mark the fulfillment of the last recommendation.
To date, implementation of the recommendations has led to the amendment of departmental policies and the establishment of new protocols. Some major accomplishments included a departmental policy focusing traffic stops on safety and preventing collisions, using evidence-
APPENDIX DPage 198 of 351
20 23 Berkeley Police Department Annual Report
43 based models and strong data analysis to guide enforcement actions, and our current work to strengthen and expand our Early Intervention System
The additional FIP training funds allocated as part of the reimagining process have allowed us to continue to move this important work forward. We have created a training focus on courses strengthening responses that are Constitutional, Humane, Impartial, Neighborhood and Community Oriented and DEI-Centered. We refer to this as “KIND” training.
We are also bringing Active Bystander for Law Enforcement (ABLE) training to our agency. ABLE is a nationally recognized program with the aim of creating a police culture in which officers routinely intervene and accept interventions from their peers as necessary to: prevent misconduct, avoid police mistakes, and promote officer health and wellness. ABLE guides agencies and communities on the concrete measures that must be in place to create and sustain a culture of peer intervention leading to the benefit of the community and department.
The department was honored to receive letters of support and partnership for this program from community-based organizations in our city such as Dorothy Day House and the Center for Food, Faith and Justice
With this progress, we're turning our attention to further enhancing our practices. Central to this is the development of our Early Intervention System (EIS). We recognize the power of an EIS to promote transparency, proactive intervention, and a supportive environment for officer development. We have taken pride in having an EIS protocol since 2004, reflecting our long- held commitment to accountability. In 2023, guided by the recommendations of the FIP Working Group, we updated our policy, significantly broadening the scope and depth of our audits to include the incorporation of RIPA-mandated stop data. Also in 2023, after collaboration with the Police Accountability Board, the department added audits of body-worn camera footage to our quarterly audit procedure.
To accelerate the expansion of our EIS, we've recently released an RFP for design support in building a cutting-edge, real-time system. This system will give us a comprehensive overview of officer and team performance, helping us identify potential areas where proactive support would be beneficial.
Our EIS work has benefited from ongoing collaboration with the Police Accountability Board (PAB), and we understand they are preparing a comprehensive report on the subject. We look forward to continuing our engagement with the PAB on EIS implementation and improvement.
The Berkeley Police Department remains committed to equitable and unbiased policing and we are proud to have implemented almost all of the FIP recommendations. A Special Order (policy) has been released to ensure that current and future members of the Berkeley Police Department carry forward and build upon this important foundational work initiated by the FIP Working Group. Once the final recommendation of the referral is completed, the department will continue efforts related to fair and impartial policing and provide annual updates and progress in this report.
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20 23 Berkeley Police Department Annual Report
44
APPENDIX DPage 200 of 351
APPENDIX E
Gun Violence Intervention and Prevention Program RFP
APPENDIX E
Internal
Finance Department
General Services Division
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 E-mail: [email protected] Website: cityofberkeley.info/finance/
REQUEST FOR PROPOSALS (RFP)
Specification No. #24-11659-C
FOR
Gun Violence Intervention and Prevention Program
PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY
De
ar Proposer:
Th
e City of Berkeley is soliciting written proposals from qualified firms or individuals to work with the City of Berkeley to establish and implement a Gun Violence Intervention and Prevention Program. As a Request for Proposal (RFP) this is not an invitation to bid and although price is very important, other factors will be taken into consideration.
The
project scope, content of proposal, and vendor selection process are summarized in the RFP (attached).
Proposals must be received no later than 2:00 pm on ThursdayApril 16, 2024. Proposals are to be sent via email with the “Specification No. #24-11659-C and “Gun Violence Intervention and Prevention Program” clearly indicated in the subject line of the email. Please submit one (1) PDF of the technical Proposal with the filename saved as, “Proposal Vendor Name - #24-11659-C “Gun Violence Intervention and Prevention Program” Corresponding pricing proposal shall be submitted as a separate document with the filename saved as, “Pricing Vendor Name - - #24-11659-C “Gun Violence Intervention and Prevention Program.” Emai
l Proposals to:
C
ity of Berkeley
Finance Department/General Services Division
[email protected]
Pr
oposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer has read the RFP and understands all the requirements and conditions.
Fo
r questions concerning the anticipated work, or scope of the project, please contact Carianna “Cari” Arredondo (Project Manager), Assistant to the City Manager, via email at [email protected] no later than Monday, April 8th, 2024. Answers to questions will not be provided by telephone or email. Answers to all questions or any addenda will be posted on the City of Berkeley’s site at Bid & Proposal Opportunities | City of Berkeley (berkeleyca.gov). It is the vendor’s responsibility to check this site. For general questions concerning the submittal process, contact purchasing at 510-981-7320.
We l
ook forward to receiving and reviewing your proposal.
Sincerely,
Darryl Sweet, General Services Manager
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 2 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
I. SUMMARY
In response to the growing gun violence crisis, Berkeley has introduced the Gun Violence Intervention and Prevention Program within its larger "Reimagining Public Safety" framework. Aiming for a comprehensive reduction in gun violence incidents, this initiative blends community enga gement, strategic collaboration between internal city departments and external organizations, field experts, and methods based on empirical evidence.
Wit
h a $ 2M budget for a two -year pilot (Not to exceed $ 1M per fiscal year ), the Gun Violence Intervention and
Prevention program aims to employ a four-pronged strategy that includes:
• Place-based interventions at critical areas with increased shootings, • Direct engagement with individuals at risk via custom notifications, • Street outreach, and
• Provision of robust social services.
Th
e program, which is overseen by the City Manager’s Office, is seeking proposals for the design and implementation of the custom notifications and street outreach components, as detailed below. It is crucial to understand that custom notifications require collaboration with law enforcement, whereas street outreach involves a one-way communication channel from the police to outreach workers.
Pr
oposals may address either one or both components. While proposals may involve collaboration among multiple Community-Based Organizations (CBOs), prospective bidders must identify a lead organization and may include partner organizations in their submissions.
• Cus
tom Notifications: Custom notifications in Berkeley are a col laborative strategy by law enforcement and community-based organizations to mitigate gun violence and target high -risk individuals with simultaneous "hard" and "soft" messaging. The "hard" message, delivered by police, outlines specific legal consequences for future violent acts, emphasizing immediate legal risks. Concurrently, a "soft" message from a community-based organization (CBO) conveys support and care, offering access to social services and assistance. This approach combines clear warnings about the consequences of violence with offers of help, aiming to deter violence through awareness of the repercussions and provision of alternatives. Custom notifications leverage social network analysis (SNA) to identify those at risk and employ focused deterrence to reduce gun violence, making it clear that violence is intolerable while also providing pathways to support and change.
• Street Outreach: A critical aspect of their operation is the unidirectional flow of information from police to outreach workers, keeping them informed about recent incidents without compromising their neutrality and community trust. Street outreach, conducted by Violence Interrupters, is a public health strategy aimed at curbing the spread of violence as a social contagion in communities. These workers, often with personal experiences of incarceration or violence, use their credibility and understanding of street culture to mediate conflicts and prevent violence escalation. They act as crucial connectors between individuals engaged in violence and broader gun violence intervention programs, enhancing law enforcement efforts with their community trust. Their role includes real-time violence identification and interruption, mentoring high-risk individuals, facilitating workshops and peaceful demonstrations. This partnership allows them to effectively prevent retaliation and support indivi duals at risk, by reinforcing community norms against violence and fostering a safer environment.
The
purpose of this RFP is to solicit proposals from community-based organizations and service providers that have the expertise and ability to quickly meet the City’s need to create a successful pilot program for the Gun Violence Intervention and Prevention Program in the City of Berkeley. The selected applicant (s) will be required to comply with all applicable requirements for such funds and will be required to report to the City regularly on the use of funds and services beneficiaries.
APPENDIX E
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City of Berkeley Specification No. #24-11659-C Page 3 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
II. SCOPE OF SERVICES
Applicants are encouraged to thoroughly review the report and recommendations, as outlined in Attachments 1 to 4.
The selected provider(s) must demonstrate a collaborative approach, involving a wide range of internal and external organizations, community stakeholders and show expertise in gun violence intervention and prevention programming; evidenced by a strong commitment to data-driven evaluation, ability to remain within budget limits, foster effective cross-functional collaboration is crucial for the successful implementation and achieve a measurable decrease in gun violence incidents. The City is looking for detailed proposals for its Gun Violence Intervention and Prevention program, specifically focusing on designing and implementing street outreach and custom notification initiatives in alignment with the criteria provided. The sections below serve a s a detailed outline and guide for the City’s expectations for submissions regarding the program narrative:
A. S
TRATEGIC PROGRAM DEVELOPMENT
Proposals must incorporate advanced strategies based on criminological and public health research and detail methodologies and approaches for engaging the target population, including identification methods , intervention strategies,
and case-management coordination and follow-up.
• Comprehensive Strategy Development
Intervention Methodology: Define a collaborative methodology for engaging in -risk individuals, specifying criteria and tools used. Include intervention techniques, frequency, duration, format, and risk assessment protocols.
• Custom Notifications: Given a subset of individuals identified by law enforcement partners, design a methodology and/or framework for coordinating relevant stakeholders to create unified custom notifications and delivery methods to the individual. • Street Outreach: Describe a strategic plan for managing a team of street outreach workers including day-to-day functions and special activities. Effectiveness Indicators: Provide measurable indicators and success metrics for each component (street outreach and custom notifications), including crime rate reduction, improved community trust, and other social impact metrics.
• Documentation and Reporting
Operational Protocols: Outline clear protocols for escalating interventions and respon se to emerging situations.
Community Engagement Plan: Formulate a strategy for sustained engagement with diverse community members and stakeholders. Identify relationships with field experts. • Budget and Effectiveness Monitoring
Budget Monitoring : Provide a detailed breakdown and justification for each budget item .
Describe the financial monitoring system, including checks and balances, audit schedules, and reporting formats.
Effectiveness Monitoring: Identify specific tools and methods for monitoring reductions in gun violence, such as statistical analysis, community surveys, etc., and explain the process for making program adjustments based on effectiveness data, including decision -making criteria and implementation timelines.
• Data Management and Evaluation
Data Collection Tools: Specify tools and software for data collection and analysis. Continuous Improvement Plan: Outline a plan for regular program review and refinement based on data insights.
B. IMPLEMENTATION AND COMPLIANCE MONITORING
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 4 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
Detailed implementation plans are required, including staffing qualifications, resource allocation, operational timelines, and a scalable framework for program expansion. Proposals should address integrating innovative and culturally sensitive practices, considering the diverse needs of the community. • Implementation Planning
Operational Framework: Outline the operational framework, staffing roles, qualifications, and resource allocation for the program. Focus on the logistical aspects of implementing the proposed strategies.
Resource Allocation : Present a comprehensive budget with allocations for each program element and justifications, focused on the direct support of proposed strategies. • Col
laboration and Community Engagement
Collaboration Framework : Provide a detailed organizational chart showing each entity's specific responsibilities and points of contact. Describe how the collaboration with various entities will enhance the program's effectiveness.
Community and Stakeholder Engagement: Detail specific engagement activities, their frequency, and expected outcomes, along with strategies to sustain and deepen relationships with stakeholders, including regular community meetings, feedback mechanisms, etc. Identify continued partnership with local and national field experts and collaboration with city departments.
C. OPERATIONAL TIMELINE & LOCATION
Appl
icants are expected to outline the expectations for the operational timeline and spatial needs of the program, detailing the specific period post-contract award and providing timelines for each critical phase of the program.
• Tim
eline Expectations: Outline a realistic and flexible timeline for the program's operational rollout, including milestones and benchmarks for the design, implementation, monitoring, and evaluation phases of the program.
• Location Considerations: While the City of Berkeley will not provide a location due to the fieldwork nature of this program, we are open to exploring possible city space for operational needs, if necessary.
Applicants should detail their plan for location needs, how they intend to address fieldwork requirements, and any potential city space utilization if applicable.
D. ORG
ANIZATIONAL CAPACITY AND EXPERTISE
Applicants must demonstrate extensive experience and expertise in gun violence intervention and prevention, showcasing a deep understanding of the dynamics of gun violence and the ability to implement effective programs.
• Or
ganizational Experience
Case Study Details: Include data from past programs, specifying the number of individuals reached, the reduction in violent incidents, and other relevant metrics. Insight Application: Describe how previous lessons will be applied in the Berkeley context, with modifications or enhancements specific to local needs. • Training and Development
Curriculum Specifics: Provide a detailed training schedule, including topics covered and qualifications of trainers.
Training Evaluation: Outline methods for assessing the effectiveness of training, such as pre- and post-assessment, staff feedback, and performance metrics.
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 5 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
This RFP is designed to facilitate the selection of a comprehensive, collaborative, and innovative approach to reduce gun violence in our community through targeted, data-driven interventions and strategic collaborations.
III. SUBMISSION REQUIREMENTS
All proposals shall include the following information, organized as separate sections of the proposal . The proposal should be concise and to the point.
1. Contractor Identification:
Provide the name of the firm, the firm's principal place of business (see section VII, F. – Local Vendor Preference), the name and telephone number of the contact person and company tax identification number.
2. Client References:
Provide a minimum of 3 client references. References should be California cities or other large public sector entities. Provide the designated person's name, title, organization, address, telephone number, and the project(s) that were completed under that client’s direction.
3. Price Proposal:
The proposal must provide detailed pricing for all services, ensuring all program work does not surpass $1M (per fiscal year) for the broader two-year $2M pilot program. Pricing shall be all inclusive unless indicated otherwise.
Pricing proposals shall be a separate document. The Proposal shall itemize all services, including hourly rates for all professional, technical and support personnel, and all other charges related to completion of the work.
Evaluation of price proposals are subject to the local vendor business preference (see section VII.F.)
Please complete the Program Budget Template (See Attachment 4).
Note: The City of Berkeley intends to use this two -year pilot program as a foundation for developing a comprehensive approach to gun violence intervention and prevention. The focus will be on employing effective street outreach methods and custom notifications as principal strategies, as outlined in the attached report and recommendations.
4. Contract Terminations:
If your organization has had a contract terminated in the last five (5) years, describe such incident .
Termination for default is defined as notice to stop performance due to the vendor’s non- performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor, or (b) litigated and such litigation determined that the vendor was in default.
Submit full details of the terms for default including the other party’s name, address, and phone number. Present the vendor’s position on the matter . The City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience.
If the firm has not experienced any such termination for default or early termination in the past five (5) years, so indicate.
5. Program Narrative:
APPENDIX E
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City of Berkeley Specification No. #24-11659-C Page 6 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
Proposals should include a detailed narrative addressing the approach to each of the following criteria as outlined in Section II. SCOPE OF SERVICES:
A. Strategic Program Development: Proposals must incorporate advanced strategies based on criminological and public health research and detail methodologies and approaches for engaging the target population, including identification methods, intervention strategies, and case -management coordination and follow-up.
B. Implementation and Compliance Mo nitoring: Present a detailed plan for operationalizing the proposed strategies, including staffing, resource allocation, and program expansion. Describe how compliance will be ensured and how culturally sensitive practices will be integrated.
C. Operational Timeline & Location: Outline a realistic timeline for the program's operational rollout and provide details on spatial needs, addressing how fieldwork and potential city space utilization will be managed.
D. Organizational Capacity and Expertise: Demonstrate experience and expertise in the relevant field.
Include case studies, application of insights, training specifics, and methods for evaluating training effectiveness.
IV. S
ELECTION CRITERIA
The following criteria will be considered, although not exclusively, in determining which firm (s) is hired. A selection panel comprising staff members with expertise in G un Violence Intervention and Prevention (GVI/P) , community engagement, ra
cial equity, financial management, and relevant local knowledge will evaluate and score submissions. The panel will use a standardized scoring rubric to ensure a fair and comprehensive assessment of each proposal.
Category Criteria Points
Project
Approach
Approach to Custom Notifications: Strategy for a custom notifications program that includes:
• Identification: Collaborating with law enforcement partners to identify a specific subset of individuals deemed at-risk.
• Coordination: Designing a framework for coordinating with relevant stakeholders, including local authorities, community organizations, and social service providers, to create a unified approach for the development and delivery of custom notifications. • Delivery: Outlining the process for the personalized delivery of these notifications to the identified individuals, ensuring the approach is respectful, privacy -conscious, and tailored to address the specific needs and risks associated with each individual. 30 Approach to Street Outreach: Strategy for a street outreach program that includes:
• Team Management: Describing the management of a team of street outreach workers, focusing on their day-to-day functions, roles, and responsibilities to ensure a proactive and effective outreach effort.
• Special Activities: P lanning and implementing special activities aimed at engaging target populations, enhancing the outreach program's reach and impact. • Coordination: Ensuring the street outreach efforts are well -coordinated with community groups, law enforcement, and other stakeholders to provide seamless support to the target populations.
• Training and Support: Detailing the training, supervision, and ongoing support mechanisms for outreach workers, preparing them to address the complexities of their roles and adapt to the dynamic needs of the communities they serve.
Expertise &
References
Comprehensive Experience: Overview of the organization's background in GVP initiatives, with a special focus on custom notifications and street outreach. Submissions should highlight key staff qualifications, local collaborations, and the ability to manage federal funds effective ly. 30 Experience
Serving
Diverse
Populations
Inclusive Engagement Strategies: Presentation of approaches for engaging diverse communities through custom notifications and street outreach, including evidence of past successes and accessibility measures.
15 APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 7 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
Presentation
of Materials
Alignment with Project Goals and Tailored Approach to Berkeley: Evaluation of how the proposal aligns with the defined services and outcomes for the GVI/P project. Proposals must reference specific recommendations or findings in the attached documents and demonstrate a tailored approach to meet Berkeley's unique needs.
15 Costs Budget and Financial Oversight: Detailed budget breakdown for custom notifications and street outreach, including justifications for cost efficiency and procedures for financial accountability. 10 * Effective 1/1/2022. Local Vendor Preference. For the purposes of comparing pricing as part of this competitive RFP for goods up to $100,000 or non-professional services up to $250,000, 5% shall be deducted from the bid price proposal from any local Berkeley vendor.
A sele
ction panel will be convened of s
taff to evaluate and score submittals.
V. PAYMENT
Invoices: In
voices must be fully itemized and provide sufficient information for approving payment and audit.
Invoices must be accompanied by receipt for services in order for payment to be processed. Email invoices to Accounts Payable and cc’ carredondo @berkeleyca.gov; (List on invoice, Attn: Carianna Arredondo, City Manager’s Office) and reference the contract number.
City of Berkeley
A
ccounts Payable
P.O. Box 700
Berkeley, CA 94710-700
Email: [email protected]
Phone: 510-981-7310
Payments: The City will make payment to the vendor within 30 days of receipt of a correct, approved and complete invoice.
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 8 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
VI. CITY REQUIREMENTS
(Do not modify any part of this section except: Living Wage would not apply if commodities are being purchased and Equal Benefits would not apply if the contract amount will be less than $25,000. If this is the case, do not delete the section just note next to it “Does Not Apply to this Request for Proposal”)
A. Non-Discrimination Requirements:
Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)
Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination . This applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to discriminate and allows the City access to records necessary to monitor compliance. This section also applies to all contracts and all consultants.
Bidders must submit the attached Non-Discrimination Disclosure Form with their proposal.
B. Nuclear Free Berkeley Disclosure Form:
Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that engages in nuclear weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.
C. Oppressive States:
The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified Countries. This co ntracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that is covered by City Council Resolution Nos. 59,853-N.S., 60,382-N.S., and 70,606-N.S. If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work.
Bidders must submit the attached Oppressive States Disclosure Form with their proposal.
D. Sanctuary City Contracting Ordinance:
Chapter 13.105 of the Berkeley Municipal Code prohibits the City from granting and or retaining contracts with a
ny person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”) .
Bidders must submit the attached Sanctuary City Compliance Statement with their proposal.
E. Conflict of Interest:
In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee, board or commission member of the City who influences the making of the contract or has a direct or indirect interest in the contract.
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Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict of interest. Please identify any person associated with the firm that has a potential conflict of interest.
F. Berkeley Living Wage Ordinance:
Chapter 13.27 of the Berkeley Municipal Code requires th at contractors offer all eligible employees with City mandated minimum compensation during the term of any contract that may be awarded by the City . If the Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the C ity within a one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of compliance with this ordinance will be required upon execution of a contract. The current Li ving Wage rate can
be found here: Information for Vendors | City of Berkeley (berkeleyca.gov) . The Living Wage rate is adjusted automatically effective June 30 th of each year commensurate with the corresponding increase in the Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was when the contract was executed.
G. Berkeley Equal Benefits Ordinance:
Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access t
o benefits that are available to spouses. A
certification of compliance with this ordinance will be required upon execution of a contract.
H. Statement of Economic Interest:
The City’s Conflict of Interest Code designates “consultants” as a category of persons who must complete Form 700, S
tatement of Economic Interest, at the beginning of the contract period and again at the termination of the contract. The selected contractor will be required to complete the Form 700 before work may begin.
VII. OTHER REQUIREMENTS
A. I nsurance
The selected contractor will be required to maintain general liability insurance in the minimum amount of $2,000,000, automobile liability insurance in the minimum amount of $1,000,000 and a professional liability insurance policy in the amount of $2,000,000 to cover any claims arising out of the performance of the contract.
The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees as additional insured.
Insurance not Necessary: If the services are such that the risk of exposure to liability is very low, insur ance may not be required. An example of such a service is an individual using his/her computer at home to lay out a newsletter for the City.
** This determination must be made by the Risk Manager in writing before the RFP is issued. **
Insurance Waiver: A s ituation in which insurance is not necessary is different from a case in which insurance may be waived. An insurance waiver is appropriate where insurance would usually be necessary but when, as a policy matter, the City is willing to take the risk of allowing an uninsured or under-insured individual or business to perform the work (usually when the risk of liability is low) . An insurance waiver may be granted only by the Risk Manager in writing with the approval of the City Manager . If a potential bidder expresses an inability to meet the insurance requirement, he or she should be encouraged to contact the Project Manager & Risk Manager for assistance in obtaining insurance.)
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B. Worker’s Compensation Insurance:
A selected contractor who employs any per son shall maintain workers' compensation insurance in accordance with state requirements. Sole proprietors with no employees are not required to carry Worker’s Compensation Insurance.
C. Business License
Virtually every contractor that does business with the City must obtain a City business license as mandated by B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300) . Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one annual free license at the discretion of the Director of Finance. (See B.M.C. sections 9.04.290).
Vendor must apply for a City business license and show proof of application to Purchasing Manager within seven days of being selected as intended contractor.
The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704, issues business licenses. Contractors should contact this division for questions and/or information on obtaining a City business license, in person, or by calling 510-981-7200.
D. Recycled Paper
Any printed reports for the City required during the performance of the work shall be on 100% recycled paper, and shall be printed on both sides of the page whenever practical.
E . State Prevailing Wage:
Certain l
abor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et seq. These labor categories, when employed for any “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” constitute a “Public Work” within the definition of Section 1720(a)(1) of the California Labor Code requiring payment of prevailing wages.
Wage information is available through the California Division of Industrial Relations web site at:
http://www.dir.ca.gov/OPRL/statistics_and_databases.html
F. Local Vendor Preference
City of Berkeley applies a local vendor preference for comparing pricing submittals in RFP responses (City Council Resolution No. 69,890-N.S.)
A local business is defined as “a business firm with fixed offices or distribution points located within the City of Berkeley boundaries and listed in the Permits and License Tax paid file, with a Berkeley business street address.”
Competing for non-professional services
For the purposes of comparing pricing as part of this competitive RFP for non- professional services up to $250,000, 5% shall be deducted from the bid price proposal from any local Berkeley vendor in order to assign evaluation points to the pricing section.
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VIII. SCHEDULE (Dates are subject to change)
Issue RFP to Potential Bidders Friday, March 20, 2024 Bidders Conference Friday, April 5, 2024
Questions Due Monday, April 8, 2024
Answers Posted Wednesday, April 10, 2024
Proposals Due from Potential Bidders Tuesday, April 16, 2024 Reference Checks Week of April 22-26, 2024
Panel Interviews Friday April 26, 2024 Completion of Section Process Tuesday, April 30, 2024 Notification and Contract Negotiations Week of April 30, 2024 Council Approval of Contract (over $50k) Tuesday, June 4, 2024 Award of Contract Wednesday, June 5, 2024
Sign and Process Contract Tuesday, June 25, 2024
Notice to Proceed Wednesday, June 26, 2024
Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving your proposal.
Attachments:
• Gun Violence Prevention Report Attachment 1
• D2 Advisory Recommendations Attachment 2
• January 23, 2024 City Council Meeting A ttachment 3 • Program Budget Template Attachment 4
• Check List of Required items for Submittal Attachment A • No n -Discrimination/Workforce Composition Form Attachment B • Nuclear Free Disclosure Form Attachment C
• Oppressive States Form
Attachment D
• Sanctuary City Compliance Statement Attachment E
• Living Wage Form Attachment F
• Equal Benefits Certification of Compliance Attachment G • Right to Audit Form Attachment H
• Insurance Endorsement Attachment I
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City of Berkeley Specification No. #24-11659-C Page 12 of 23 Gun Violence Intervention and Prevention Program
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ATTACHMENT A
CHE
CKLIST
Proposal describing service (one (1) PDF of proposal) Contractor Identification and Company Information
Client References
Costs proposal by task, type of service & personnel (as a separate document from the proposal) Completed Program Narrative and Budget Template
The following forms, completed and signed in blue ink (attached):
o Non-
Discrimination/Workforce Composition Form Attachment B
o Nu
clear Free Disclosure Form Attachment C
o Op
pressive States Form Attachment D
o San
ctuary City Compliance Statement Attachment E
o Li
ving Wage Form (may be optional) Attachment F
o Eq
ual Benefits Certification (EBO-1) (may be optional) Attachment G ADDIT
IONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR AFTER COUNCIL APPROVAL TO AWARD CONTRACT.
Provide original-signed in blue ink Evidence of Insurance o Aut
o
o Liability
o Worker’s Compensation
Right to Audit Form Atta chment H
Commercial General & Automobile Liability Endorsement Form Atta chment I Berkeley Business License ( Current Year Certificate) Fo
r informational purposes only: Sample of Personal Services Contract can be found on the City’s website on the current bid and proposal page at the top of the page.
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NON-DISCRIMINATION/WORKFORCE COMPOSITION FORM FOR NON-CONSTRUCTION CONTRACTS To assist the City of Berkeley in implementing its Non-Discrimination policy, it is requested that you furnish information regarding your personnel as requested below and return it to the City Department handling your contract :
Organization: __________ ___________________________________________________________________________ Address: _______________________________________________________________ Business Lic. #: ___________
Occupational Category:
__________________________
(See reverse side for explanation of terms) Total
Employees
White
Employees
Black
Employees
Asian
Employees
Hispanic
Employees
Other
Employees
Female Male Female Male Female Male Female Male Female Male Female Male Official/Administrators
Professionals
Technicians
Protective Service Workers
Para-Professionals
Office/Clerical
Skilled Craft Workers
Service/Maintenance
Other (specify)
Totals:
Is your business MBE/WBE/DBE certified? Yes: _____ No: _____ If yes, by what agency? _______________________ If yes, please specify: Male: _____ Female: _____ Indicate ethnic identifications: ___________________________ Do you have a Non-Discrimination policy? Yes: _____ No: _____ Signed: ________________________________________________________________ Date : __________________ Verified by: _____________________________________________________________ Date : __________________ City of Berkeley Contract Compliance Officer
Co
ntract Description/Specification No: Gu
n Violence Intervention and Prevention Program/24-11659-C Attachment B (page 1)
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Occupational Categories
Of
ficials and Administrators - Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or provide specialized consultation on a regional, district or area basis. Includes:
department heads, bureau chiefs, division chiefs, directors, deputy superintendents, unit supervisors and kindred workers.
Pro
fessionals - Occupations that require specialized and theoretical knowledge that is usually acquired through college training or through work experience and other training that provides comparable knowledge. Includes:
personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, and kindred workers.
Te
chnicians - Occupations that require a combination of basic scientific or technical knowledge and manual skill that can be obtained through specialized post-secondary school education or through equivalent on-the-job training.
Includes: computer programmers and operators, technical illustrators, highway technicians, technicians (medical, dental, electronic, physical sciences) and kindred workers.
Pro
tective Service Workers - Occupations in which workers are entrusted with public safety, security and protection from destructive forces. Includes: police officers, fire fighters, guards, sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, and kindred workers.
Pa
ra-Professionals - Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually requires less formal training and/or experience normally required for professional or technical status. Such positions may fall within an identified pattern of a staff development and promotion under a "New Transporters" concept. Includes: library assistants, research assistants, medical aides, child support workers, police auxiliary, welfare service aides, recreation assistants, homemaker aides, home health aides, and kindred workers.
Of
fice and Clerical - Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes:
bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearings reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers.
Sk
illed Craft Workers - Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the- job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and repairpersons, electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers.
Serv
ice/Maintenance - Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs, laundry and dry-cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundskeepers, refuse collectors, and construction laborers.
Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C Atta
chment B (page 2)
APPENDIX E
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City of Berkeley Specification No. #24-11659-C Page 15 of 23 Gun Violence Intervention and Prevention Program
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CITY OF BERKELEY
Nuclear Free Zone Disclosure Form
I (
we) certify that:
1. I a
m (we are) fully cognizant of any and all contracts held, products made or otherwise handled by this business entity, and of any such that are anticipated to be entered into, produced or handled for the duration of its contract(s) with the City of Berkeley. (To this end, more than one individual may sign this disclosure form, if a description of which type of contracts each individual is cognizant is attached.)
2. I (
we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any person or business that knowingly engages in work for nuclear weapons.
3. I (
we) understand the meaning of the following terms as set forth in Berkeley Municipal Code Section
12.90.130:
"W
ork for nuclear weapons" is any work the purpose of which is the development, testing, production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or any secret or classified research or evaluation of nuclear weapons; or any operation, management or administration of such work.
"N
uclear weapon" is any device, the intended explosion of which results from the energy released by reactions involving atomic nuclei, either fission or fusion or both. This definition of nucle ar weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of the weapon.
"C
omponent of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear weapon).
4. Nei
ther this business entity nor its parent nor any of its subsidiaries engages in work for nuclear weapons or anticipates entering into such work for the duration of its contract(s) with the City of Berkeley.
Ba
sed on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Pr
inted Name: ___________________________________ Title: ____________________________________ Si
gnature: _______________________________________Date: ____________________________________ Bu
siness Entity: ___________________________________________________________________________ Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C Attachment C
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City of Berkeley Specification No. #24-11659-C Page 16 of 23 Gun Violence Intervention and Prevention Program
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CITY OF BERKELEY
Oppressive States Compliance Statement
The
undersigned, an authorized agent of_________________________________________________ (hereafter "Vendor"), has had an opportunity to review the requirements of Berkeley City Council Resolution Nos. 59,853- N.S., 60,382-N.S., and 70,606-N.S., (hereafter "Resolutions"). Vendor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes. Vendor understands the meaning of the following terms used in the Resolution:
"B
usiness Entity" means "any individual, firm, partnership, corporation, association or any other commercial organization, including parent-entities and wholly owned subsidiaries" (to the extent that their operations are related to the purpose of the contract with the City).
"O
ppressive State" means: Tibet Autonomous Region and the Provinces of Ado, Kham and U-Tsang; and Burma (Myanmar) “P
ersonal Services” means “the performance of any work or labor and shall also include acting as an independent contractor or providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship.” Co
ntractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any time during the term of the contract it provides Personal Services to:
a. The
governing regime in any Oppressive State.
b. Any business or corporation organized under the authority of the governing regime of any Oppressive State. c. Any person for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.
Ven
dor further understands and agrees that Vendor's failure to comply with the Resolution shall constitute a default of the contract and the City Manager may terminate the contract and bar Vendor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
Th
e undersigned is familiar with or has made a reasonable effort to become familiar with, Vendor's business structure and the geographic extent of its operations. By executing the Statement, Vendor certifies that it complies with the requirements of the Resolution and that if any time during the term of the contract it ceases to comply, Vendor will promptly notify the City Manager in writing.
Bas
ed on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Pr
inted Name: ____________________________________ Title: _______________________________________ Si
gnature: ________________________________________ Date: ______________________________________ Bus
iness Entity: ____________________________________________________________________________________ Co
ntract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C I am
unable to execute this Statement; however, Vendor is exempt under Section VII of the Resolution. I have attached a separate statement explaining the reason(s) Vendor cannot comply and the basis for any requested exemption.
Si
gnature: _______________________________________ Date: ______________________________________ Attachment D
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CITY OF BERKELEY
Sanctuary City Compliance Statement
The
undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of Berkeley Code Chapter 13.105 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).
Contractor understands the meaning of the following terms used in the SCCO:
a. "Dat
a Broker” means either of the following:
i. Th
e collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies.
ii. Th
e aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “E
xtreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services." Extreme Vetting does not include:
i. The
City’s computer-network health and performance too
ls.
ii. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.
Co
ntractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Co
ntractor further understands and agrees that Contractor's failure to comply with the SCCO shal l constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By
executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing . Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and up to a $1,000 fine.
Bas
ed on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _______ day of ________, 20__, at _____________, California.
Pr
inted Name: Title:
Signed: Date:
Bus
iness Entity:
Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C SCCO CompStmt (10/2019)
Attachment E
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CITY OF BERKELEY
Living Wage Certification for Providers of Services
TO BE COMPLETED BY ALL PERSONS OR ENTITIES ENGAGING IN A CONTRACT FOR PERSONAL SERVICES WITH THE CITY OF BERKELEY.
Th
e Berkeley Municipal Code Chapter 13.27, Berkeley's Living Wage Ordinance (LWO), provides that contractors who engage in a specified amount of business with th
e City (except where specifically exempted) under contracts which furnish services to or for the City in any twelve (12) month period of time shall comply with all provisions of this Ordinance . The LWO requires a City contractor to provide City mandated minimum compensation to all eligible employees, as defined in the Ordinance. In order to determine whether this contract is subject to the terms of the LWO, please respond to the questions below. Please note that the LWO applies to those contracts where the contractor has achieved a cumulative dollar contracting amount with the City. Therefore, even if the LWO is inapplicable to this contract, subsequent contracts may be subject to compliance with the LWO. Furthermore, the contract may become subject to the LWO if the status of the Contractor's employees’ changes (i.e. additional employees are hired) so that Contractor falls within the scope of the Ordinance .
Sec
tion I.
1. IF
YOU ARE A FOR-PROFIT BUSINESS, PLEASE ANSWER THE FOLLOWING QUESTIONS a. Du
ring the previous twelve (12) months, have you entered into contracts, including the present contract, bid, or proposal, with the City of Berkeley for a cumulative amount of $25,000.00 or more? YES ____ NO ____
If no, th
is contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please continue to question 1(b).
b. Do you
have six (6) or more employees, including part-time and stipend workers? YES ___
_ NO ____
If
you have answered, “YES” to questions 1(a) and 1(b) this contract IS subject to the LWO. If you responded "NO" to 1(b) this contract IS NOT subject to the LWO. Please continue to Section II.
2. IF
YOU ARE A NON-PROFIT BUSINESS, AS DEFINED BY SECTION 501(C) OF THE INTERNAL REVENUE CODE OF 1954, PLEASE ANSWER THE FOLLOWING QUESTIONS . a. Dur
ing the previous twelve (12) months, have you entered into contracts, including the present contract, bid or proposal, with the City of Berkeley for a cumulative amount of $100,000.00 or more? YES ____
NO ____
If
no, this Contract is NOT subject to the requirements of the LWO, and you may continue to Section II . If yes, please continue to question 2(b).
b. Do you
have six (6) or more employees, including part-time and stipend workers? YES ___
_ NO ____
If
you have answered, “YES” to questions 2(a) and 2(b) this contract IS s ubject to the LWO. If you responded "NO" to 2(b) this contract IS NOT subject to the LWO. Please continue to Section II.
Sec
tion II
Pl
ease read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE.
THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE.
Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C Attachment F (page 1)
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City of Berkeley Specification No. #24-11659-C Page 19 of 23 Gun Violence Intervention and Prevention Program
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The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Berkeley's Living Wage Ordinance, and the applicability of the Living Wage Ordinance, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all of the terms of the Living Wage Ordinance, as mandated in the Berkeley Municipal Code, Chapter 13.27 . If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the City Manager in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract and the City Manager may terminate the contract and bar Contractor from future contracts with the City for five (5) years from the effective date of the Contract termination. If the contractor is a for-profit business and the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 25% or more or their compensated time engaged in work directly related to the contract with the City. If the contractor is a non-profit business and the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 50% or more or their compensated time engaged in work directly related to the contract with the City.
These statements are made under penalty of perjury under the laws of the state of California.
Printed Name: ___________________________________ Title: ________________________________________
Signature: _______________________________________ Date: _______________________________________
Business Entity: ______________________________________________________________________________
Section III
_____________________________________________________________________________________________
• * * FOR ADMINISTRATIVE USE ONLY -- PLEASE PRINT CLEARLY * * *
I have reviewed this Living Wage Certification form, in addition to verifying Contractor's total dollar amount contract commitments with the City in the past twelve (12) months, and determined that this Contract IS / IS NOT (circle one) subject to Berkeley's Living Wage Ordinance.
_________________________________ _________________________________________ Department Name Department Representative
APPENDIX E
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City of Berkeley Specification No. #24-11659-C Page 20 of 23 Gun Violence Intervention and Prevention Program
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Form EBO-1
CITY OF BERKELEY
CERTIFICATION OF COMPLIANCE WITH EQUAL BENEFITS ORDINANCE If you are a contractor, return this form to the originating department/project manager . If you are a vendor (supplier of goods), return this form to the Purchasing Division of the Finance Dept.
SECTION 1. CONTRACTOR/VENDOR INFORMATION
Name: Vendor No.:
Address: City: State: ZIP:
Contact Person: Telephone:
E-mail Address: Fax No.:
SECTION 2. COMPLIANCE QUESTIONS
A. The EBO is inapplicable to this contract because the contractor/vendor has no employees.
Yes No (If “Yes,” proceed to Section 5; if “No”, continue to the next question.) B. Does
your company provide (or make available at the employees’ expense) any employee benefits? Yes No
If “Yes,” continue to Question C.
If “No,” proceed to S
ection 5. (The EBO is not applicable to you.)
C. Does
your company provide (or make available at the employees’ expense) any benefits to the spouse of an employee? ......................................................................................... Yes No D. Does
your company provide (or make available at the employees’ expense) any benefits to the domestic partner of an employee? .......................................................................... Yes No If yo
u answered “No” to both Questions C and D, proceed to Section 5. (The EBO is not applicable to this contract.) If you answered “Yes” to both Questions C and D, please continue to Question E.
If you answered “Yes” to Question C and “No” to Question D, please continue to Section 3.
E. Are the benefits that are available to the spouse of an employee identical to the benefits that are available to the domestic partner of the employee? ............................................... Yes No If
you answered “Yes,” proceed to Section 4. (You are in compliance with the EBO.) If you answered “No,” continue to Section 3.
SECTION 3. PROVISIONAL COMPLIANCE
A. Cont
ractor/vendor is not in compliance with the EBO now but will comply by the following date:
By the first effective date after the first open enrollment process following the contract start date, not to ex
ceed two years, if the Contractor submits evidence of taking reasonable measures to comply with the EBO; or
At such time that administrative steps can be taken to incorporate nondiscrimination in benefits in the C
ontractor’s infrastructure, not to exceed three months; or Upon expiration of the contractor’s current collective bargaining agreement(s).
Con
tract Description/Specification No: Gu
n Violence Intervention and Prevention Program/24-11659-C Attachment G (page 1)
To be completed by
Contractor/Vendor
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 21 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
B. If you have taken all reasonable measures to comply with the EBO but are unable to do so, do you agree to provide employees with a cash equivalent? * .................................... Yes No
* The cash equivalent is the amount of money your company pays for spousal benefits that are unavailable for domestic partners.
SECTION 4. REQUIRED DOCUMENTATION
At time of issuance of purchase order or contract award, you may be required by the City to provide documentation (copy of employee handbook, eligibility statement from your plans, insurance provider statements, etc.) to verify that you do not discriminate in the provision of benefits.
SECTION 5. CERTIFICATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. By signing this certification, I further agree to comply with all additional obligations of the Equal Benefits Ordinance that are set forth in the Berkeley Municipal Code and in the terms of the contract or purchase order with the City.
Executed this _______day of _________________, in the year __________, at __________________, ________ ( City) (State)
_____________________________________ ______________________________________ Name (please print) Signature
_____________________________________ ______________________________________ Title Federal ID or Social Security Number
FOR CITY OF BERKELEY USE ONLY
Non-Compliant (The City may not do business with this contractor/vendor) One-Person Contractor/Vendor Full Compliance Reasonable Measures Provisional Compliance Category, Full Compliance by Date: _________________________________________ Staff Name (Sign and Print): _____________________________________Date: ____________ ________________
Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C
Attachment G (page 2)
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 22 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
CITY OF BERKELEY
Right to Audit Form
T
he contractor agrees that pursuant to Section 61 of the Berkeley City Charter, the City Auditor’s office may conduct an audit of Contractor’s financial, performance and compliance records maintained in connection with the operations and services performed under this contract.
In the event of such audit, Contractor agrees to provide the Auditor with reasonable access to Contractor’s employees and make all such financial, performance and compliance records available to the Auditor’s office. C
ity agrees to provide Contractor an opportunity to discuss and respond to/any findings before a final audit report is filed.
Signed: ______________________________________ Date: ___________________
Print Name & Title: _______________________________________________________
Company: _______________________________________________________________
Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C
Please direct questions regarding this form to the Auditor's Office, at (510) 981-6750.
Attachment H
APPENDIX E
Internal
City of Berkeley Specification No. #24-11659-C Page 23 of 23 Gun Violence Intervention and Prevention Program
RFP Revised Nov2022
CITY OF BERKELEY
Commercial General and Automobile Liability Endorsement The attached Certificates of Insurance are hereby certified to be a part of the following policies having the following expiration dates:
Policy No. Company Providing Policy Expir. Date
_______________ __________________________ _________
_______________ __________________________ _________
_______________ __________________________ _________
_______________ __________________________ _________
Th
e scope of the insurance afforded by the policies designated in the attached certificates is not less than that which is afforded by the Insurance Service Organization's or other "Standard Provisions" forms in use by the insurance company in the territory in which coverage is afforded.
Such Policies provide for or are hereby amended to provide for the following:
1. The
named insured is ________________________________________.
2. CI
TY OF BERKELEY ("City") is hereby included as an additional insured with respect to liability arising out of the hazards or operations under or in connection with the following agreement:
_______________________________________________________.
The insurance provided applies as though separate policies are in effect for both the named insured a
nd City but does not increase the limits of liability set forth in said policies.
3. Th
e limits of liability under the policies are not less than those shown on the certificate to which this endorsement is attached.
4. Ca
ncellation or material reduction of this coverage will not be effective until thirty (30) days following written notice to __________________________________, Department of ___________________________, Berkeley, CA.
5. This insurance is primary and insurer is not entitled to any contribution from insurance in effect for City.
The term "City" includes successors and assigns of City and the officers, employees, agents and vol
unteers.
_______________________________________
Insurance Company
Da
te: _____________ By: ______________________________________ Signature of Underwriter's
Authorized Representative
Contract Description/Specification No: Gun Violence Intervention and Prevention Program /24-11659-C Attachment I
APPENDIX E
APPENDIX F
Commission on the Status of Women Public Safety/Crime Prevention for Women Referral
APPENDIX F
Commission on the Status of Women
CONSENT CALENDAR
February 13, 2024
To: Mayor and Members of the Berkeley City Council
From: Commission on the Status of Women
Submitted by: Carole Marasovic, Chair, Commission on the Status of Women Subject: Recommendation on Public Safety/Crime Prevention for Women RECOMMENDATION:
That Council refer to the Council Public Safety Policy Committee to develop plans to implement public safety crime prevention programs to address the current rising crime against women, particularly older women. These plans should include a budget referral to the Council Budget and Finance Committee for consideration in the June budget process.
These plans should include:
1. Developing a plan of safety escorts modeled on the Respect-BART Escorts Program passed by Council in 2003 to address the rash of muggings on Berkeley BART paths (North Berkeley and Ashby). As in that plan, where $40,500 was approved by Council, the Council Public Safety Policy Committee should identify the current amount of monies needed for funding for this newly developed 2024 plan and Council refer to the June budget process. These safety escorts should be available throughout the entire community of Berkeley upon request. The Council Public Safety Committee should also identify if a RFP need be issued for this purpose;
2. Develop a plan to engage Berkeley community ambassadors working under the Downtown Berkeley Association, Telegraph Business Improvement District and any similar ambassador programs to provide safety escort services upon request through the business districts they serve and nearby residences that can be reached by foot;
3. Explore if the City ride-share funded program, Go-Go Grandparent, should be expanded and in what form to provide ride shares for women concerned about their safety. Consider cost share, if necessary, for some women and working with the ride- share companies to ensure that they watch for the woman to safely reach her door before leaving; Consider the feasibility of lifting age or disability requirements. Identify a budgetary recommendation to be directed to the Council Budget and Finance Committee.
APPENDIX FPage 226 of 351
Recommendation on Public Safety/Crime Prevention for Women Consent Calendar February 13, 2024
4. Develop a City-wide community forum targeted towards women with a special emphasis on safety and crime prevention for older, vulnerable women. This meeting should be led by the Berkeley Police Department with participation by other safety- related community resources and moderated by an official proposed by the Council Public Safety Committee. The Committee shall recommend that the forum be hybrid, both Zoom and in person. The Committee shall also discuss how City-wide promotion of this public safety crime prevention forum shall be conducted.
5. Consult with the Berkeley Police Department to provide data and other information identifying geographic locations which are high priority for safety escorts. Consult with Berkeley Police Department to secure other information as to where women are most at safety risk and what hours safety escorts, and other recommendations as stated above, be best utilized. The Berkeley Police Department shall provide this information at a Council Public Safety Committee meeting.
CURRENT SITUATION AND ITS EFFECTS:
In recent years, crime has risen including crime during broad daylight. Women have been frequently targeted, many of which have been older women. Women need to feel safe in our community. Safety escorts will reduce crime. The Commission Chair has consulted with former Councilmember Linda Maio, who sponsored the 2003 item, who confirmed that muggings greatly diminished under the 2003 BART Escorts Program following implementation.
A City-wide community forum will make Berkeley residents more aware of the crime and precautions that need to be taken.
FISCAL IMPACTS OF RECOMMENDATION
Fiscal impacts shall be identified by the Council Public Safety Committee. The figure of $40,500 earlier budgeted is obviously outdated as it is a figure from 20 years ago. In addition, that $40,500 exclusively covered safety escorts down BART paths and during limited hours. This recommendation broadens safety escorts coverage to a City-wide basis. Substantial funding is needed to fully implement these plans. However, the safety of our Berkeley residents is critical.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
BACKGROUND
On November 15, 2023, the Commission on the Status of Women voted as follows:
That Council refer to the Council Public Safety Policy Committee to develop plans to implement public safety crime prevention programs to address rising crime against women, particularly older women as stated in this recommendation in the
APPENDIX FPage 227 of 351
Recommendation on Public Safety/Crime Prevention for Women Consent Calendar February 13, 2024
aforementioned 5 points. That Council refer plans developed based on the proposed recommendations for the safety of women, particularly older women, to the June budget process.
M/S/C: Marasovic, Arora
Ayes: Marasovic, Simon, Posey, Ortiz-Cedeno, Arora, Oliver Noes: None.
Abstain:
Absent: Boyd
LOA: Seshagiri, Goodwin
RATIONALE FOR RECOMMENDATION
Safety is critical to our community. The crime landscape has changed where crime victims are targeted in broad daylight more commonly than in the past. Women have been frequently targeted with many victims older and more vulnerable. These safety issues require awareness, education and implementation of crime prevention models beyond police response after the fact.
ALTERNATIVE ACTIONS CONSIDERED
To leave the situation as is and not provide needed crime prevention protections for women.
CITY MANAGER
The City Manager takes no position on this recommendation.
CONTACT PERSON
Okeya Vance-Dozier, Community Services Specialist II, Office of the City Manager (510) 981-7239
Carole Marasovic, Chair, Commission on the Status of Women, (510) 225-5060 Attachments:
1. BART RESPECT Escorts program contract (2003)
2. BART RESPECT Escorts program contract (2006)
3. Resolution No. 57,737-N.S.
4. City Council Meeting Minutes, November 1, 1994
5. Resolution No. 57,832-N.S.
6. Resolution No. 58,160-N.S.
APPENDIX FPage 228 of 351
Recommendation on Public Safety/Crime Prevention for Women Consent Calendar February 13, 2024
7. Resolution No. 58,636-N.S.
8. Resolution No. 59,012-N.S.
9. Resolution No. 62,124-N.S.
10.Resolution No. 63,166-N.S.
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APPENDIX G
Commission on the Status of Women April 16, 2024 Presentations
APPENDIX G
Recommendations for the
City of Berkeley’s Domestic,
Intimate Partner and
Gender-Based Violence
Response
Sasha Gayle-Schneider (they/them)
Katie Hawn (she/her)
Office of the Director - Department of Health,
Housing & Community Services
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX G
CITY OF BERKELEY Department of Health, Housing, and Community Services 2 Commission on the Status of Women: DV Response Update
Agenda
High-Level Background
Recommendations & Progress Updates
Next Steps
Conversation & Feedback
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 330 of 351
CITY OF BERKELEY Department of Health, Housing, and Community Services 3 Background
Background
- Budget referral from May 2022, as a component of the
City of Berkeley’s Reimagining Public Safety process.
- Domestic Violence recommendations dovetail with the
Care First Jails Last recommendations on Crisis
Stabilization and broad-based best practices.
- Identifying gaps in service and policy integration, in order to address needs long-term and stay
sustainable.
Process
- Stakeholder engagement: of community leaders,
service utilizers, public officials and people who have survived incidence of violence.
- The Alternatives to Incarceration workgroup compiled
recommendations.
Commission on the Status of Women: DV Response Update
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX G
CITY OF BERKELEY Department of Health, Housing, and Community Services 4 Evaluative Criteria
Harm Reduction: Does this recommendation reduce the number of people who cycle through crisis & carceral systems? Does this recommendation reduce the harm and trauma caused by those systems, to the individual?
Transformation: Does this recommendation reinforce the status quo, or would its implementation meaningfully create new
pathways/investments in public safety (crisis diversion & stabilization)? Does this recommendation support healing and long- term positive change for everyone involved in the incidents of violence?
Political feasibility: Is this recommendation responsive to the needs and priorities of service utilizers?
Financial feasibility: Is the implementation of this recommendation financially possible given budgetary constraints?
Commission on the Status of Women: DV Response Update DRAFT RECOMMENDATIONS FOR FEEDBACK APPENDIX GPage 332 of 351
CITY OF BERKELEY Department of Health, Housing, and Community Services 5 Trauma Informed, Non-Carceral Crisis Response
Expand the Specialized Care Unit scope of work to
in
clude domestic violence calls for service.
Expand, diversify and strengthen non-cri
sis mobile
response teams to address gaps, including assisting
people who identify as TGI, LGBQ+, and/or cisgender
women who are in an emerging crisis and/or need
community-based conflict resolution.
Internal Planning
- Liaising with the SCU on triage possibilities & best
practices learned from other crisis programs
- Liaising with Berkeley Police Department for data
analysis & policy evaluation
Recommendation 1
Commission on the Status of Women: DV Response Update
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 333 of 351
CITY OF BERKELEY Department of Health, Housing, and Community Services 6 Restorative Justice & Circle Work Interventions
Establish effective restorative justice programs,
crisis mediation and violence prevention programs to
mediate incidence of Intimate Partner/Gender-
Based/Domestic Violence.
Internal Planning
- Pursuing grant opportunities to explore possible
funding streams
- Annual cost estimate: $200k per year plus fringe
benefits for 2 restorative justice circle staffers
(social workers or peer counselors) + $20K for
program administration
Recommendation 2
Commission on the Status of Women: DV Response Update
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 334 of 351
CITY OF BERKELEY Department of Health, Housing, and Community Services 7 Crisis Response & Stabilization Shelter Beds
Establish a 24/7 shelter bed facility, w ith
short/medium term housing stabilization options, for
survivors of domestic violence. This service would be
operated by a contracted community-bas
ed
organization, overseeing implementation (day-to-day
operations, hiring & staffing, referrals, case
management).
Internal Planning
- Pursuing grant opportunities to explore possible
funding streams
- Annual cost estimate: $700K for staffing, $100K
program supplies
Recommendation 3
Commission on the Status of Women: DV Response Update
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 335 of 351
CITY OF BERKELEY Department of Health, Housing, and Community Services 8 Financial Stabilization and Independence for
Survivors of Violence
Incubate new innovative employment programs for
people who identify as survivors of domestic, intimate
partner or gender-based
violence. Utilize tax credits,
stipends, vouchers (housing, transit or otherwise),
motel conversions and/or cash benefit programs to
address the costs incurred when cisgender women,
LGBQ+ people and TGI people seek safety away from
abusive or violent relationships.
Internal Planning
- Liaising with Mental Health Division to identify pre- existing cash benefit programs
- Publish multi-lingual resources for survivors to access a wide range of financial support services
Recommendation 4
Commission on the Status of Women: DV Response UpdateDRAFT RECOMMENDATIONS FOR FEEDBACK APPENDIX G Page 336 of 351
CITY OF BERKELEY Department of Health, Housing, and Community Services 9 What’s Next?
COSOW Commission Feedback
Discussion and feedback from the
Commission on the Status of
Women
What’s Next?
Data & Criteria Analysis
Data inquiry for Alameda County
Department of Public Health,
internal BPD data on calls for
service, literature review, and
budgetary analysis
Implementation
Present referral response
recommendations to Mayor and
City Council
Commission on the Status of Women: DV Response Update
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 337 of 351
Thank you!
Department of Health,
Housing & Community
Services
Conversation &
Feedback
DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 338 of 351
Recommendation on Public Safety/Crime Prevention for
Women
April 17th, 2024
Reimagining Public Safety
APPENDIX G
Presenters
Dr. Carianna "Cari" Arredondo(she/ella/they)
Assistant to the City Manager
Reimagining Public Safety
[email protected]
Arlo Malmberg (he/him)
Data & Policy Analyst at BPD
Strategic Analysis Team
[email protected]
APPENDIX G
Overview
Objective: Present an overview of crime trends to
inform next steps for the referral on Public
Safety/Crime Prevention for Women.
• Background:
C
ontext and Recommendations
• Violence Against Women and Older
Persons in Berkeley:
Trends and Analysis
• Considerations and Next Steps:
APPENDIX G
Recommended
ActionsDevelop plans to implement public
safety crime prevention programs to
address the current rising crime against
women, particularly older women.
These plans should include a budget
referral to the Council Budget and
Finance Committee for consideration in
the June budget process.
These plans should include...
APPENDIX G
RECOMMENDATIONS
Data-Driven Approach
• Collaborate
with Berkeley
Police to
identify key
areas and
times for
safety escorts
based on
safety risks to
women.
Community Forum
• Host a hybrid
safety forum
for women,
led by
Berkeley
Police,
focusing on
older women
with city-wide
promotion
planning.
Community Ambassadors
• Implement
ambassador-led
safety escorts
in business
areas and
adjacent
neighborhoods.
Safety Escorts
• Create a safety
escort
program
inspired by the
2003 Respect-
BART initiative
to counter
muggings on
Berkeley BART
paths.
Ride-share Program
•Explore
expanding Go-
Go Grandparent
for safer rides
for women,
considering
cost-sharing,
safe arrivals, and
lifting
restrictions for
Council budget
review.
APPENDIX G
VIOLENCE AGAINST WOMEN AND OLDER
PERSONS
IN BERKELEY
APPENDIX G
ASSAULTS AND
ROBBERIES OF WOMEN
Assaults and robberies
against women have increased in
the last 3 years.
• This increase mirrors broader crime
trends.
• Women represent 38% of all assault and
robbery victims in that timespan.
APPENDIX G
The Downtown area stands
out as the primary location for
assaults, batteries, and
robberies targeting women.
• Crime peaks at lunchtime (11 am-2 pm)
with high foot traffic.
• Night (9 pm-2 am) sees high crime with
fewer people out.
ASSAULTS AND
ROBBERIES OF WOMEN
Assaults & Robberies |
FemaleVictims
2021-2023
APPENDIX G
Assaults and robberies against older persons
reflect general crime patterns.
•Downtown is the focal point for crimes targeting
older people.
• Crime surges between 11 am and 2 pm, aligning
with peak pedestrian presence.
ASSAULTS AND ROBBERIES
OF OLDER PERSONS
Assaults & Robberies |
Age 65+ Victims
2021-2023
APPENDIX G
RECOMMENDATIONS
Data-Driven Approach
• Collaborate
with Berkeley
Police to
identify key
areas and
times for
safety escorts
based on
safety risks to
women.
Community Forum
• Host a hybrid
safety forum
for women,
led by
Berkeley
Police,
focusing on
older women
with city-wide
promotion
planning.
Community Ambassadors
• Implement
ambassador-led
safety escorts
in business
areas and
adjacent
neighborhoods.
Safety Escorts
• Create a safety
escort
program
inspired by the
2003 Respect-
BART initiative
to counter
muggings on
Berkeley BART
paths.
Ride-share Program
•Explore
expanding Go-
Go Grandparent
for safer rides
for women,
considering
cost-sharing,
safe arrivals, and
lifting
restrictions for
Council budget
review.
APPENDIX G
CONSIDERATIONS AND NEXT STEPS
APPENDIX G
Considerations and
Next Steps
• Considerations:
Scope of Work
Implementation Timeline
Budget Constraints
• Next Steps:
Stakeholder Engagement
Prioritization of Recommendations
APPENDIX G
Dr. Carianna "Cari" Arredondo
Reimagining Public Safety
(510) 295-7706
[email protected]
Arlo Malmberg
Strategic Analysis T eam
(510) 981-5799
[email protected]
APPENDIX G
Rashi Kesarwani
Councilmember, District 1
ACTION CALENDAR
May 14, 2024
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of the City Council
Councilmember Rashi Kesarwani (Author); Councilmember Mark Humbert (Co-Sponsor); Councilmember Terry Taplin (Co-Sponsor) Increasing Entry Level Homeownership Opportunities:
Implementation of AB 1033 to Allow Accessory Dwelling Units (ADUs) To Be Sold Separately
RECOMMENDATION
Refer to City Manager to implement AB 1033, which would allow Accessory Dwelling Units (ADUs) to be sold separately from a primary unit.
This referral would necessitate elimination of any mention of sales restrictions as they pertain to ADUs within the Berkeley Municipal Code and adoption of an ordinance allowing ADU sales separate from a primary unit(s).
CURRENT SITUATION AND ITS EFFECTS
AB 1033 Allows ADUs to be Sold Separately from a Primary Residence, Increasing Entry Level Homeownership Opportunities. State law AB 1033, effective January 1, 2024, eliminates the prior state law prohibiting the mapping and selling of a single-family home and its ADU as condominium units. While this prohibition on condominium conversion has been lifted, local agencies must opt-in and amend their codes to permit these entry-level homeownership opportunities. Congruent with the condominium homeownership model, property owners wishing to sell an ADU will need to notify their utility provider and establish a homeowners’ association responsible for overseeing property maintenance. ADUs tend to be more affordable than a typical single-family home. By permitting the independent sale of ADUs, the City of Berkeley can increase the available stock of entry-level homeownership opportunities. Further, ADU condominium conversion purchases are eligible for federally guaranteed mortgages, easing financing opportunities for homebuyers.1 AB1033 not only helps households seeking entry-level homeownership opportunities, it can also help existing homeowners to age in place by providing lump-sum resources from an ADU sale. 1 Casita Coalition and Reuben, Junius & Rose LLP: AB 1033 - How to Implement New State ADU Condominium Laws, p. 1
https://static1.squarespace.com/static/5f2c2d67c58236227115e0de/t/65397c083ac9fc75cf8701fd/169 8266121029/AB-1033-Casita-Coalition-RJR-ADU-Condos-memo.pdf
28
2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
BACKGROUND
California, particularly the Bay Area, faces an ongoing housing crisis, with affordability and accessibility becoming increasingly challenging for residents. As the state grapples with this issue, nearly 20 percent of housing units constructed in California today are ADUs, reflecting the significant contribution that ADUs are making in reducing the housing shortage.2 According to the California Association of Realtors Housing Affordability Index, only 17 percent of households in the state can afford a single-family home, a figure that falls significantly below the national average.3
The California Legislative Analyst’s Office, a nonpartisan entity, examined the state's exorbitant housing costs and delineated various factors contributing to it, notably a pronounced housing shortage, particularly in coastal California.4 Since 1980, housing construction in California has lagged significantly behind both national and historical averages. Despite a national housing boom in the mid-2000s, California's housing production remained relatively sluggish. Moreover, merely 10 percent of Berkeley's housing units were constructed after 1980.5 As construction slowed over time, California's housing costs escalated, surpassing the national average. Presently, home prices in Berkeley stand at $1.4 million compared to the national average of $354,000.6 In their report, "Closing California’s Housing Gap," the McKinsey Global Institute proposed specific measures to alleviate housing insecurity in the state. They recommend tackling housing scarcity by identifying potential "hot spots" for housing creation, such as areas within a half-mile radius of transit hubs, underutilized urban lots, and the addition of extra units to single-family homes.7
While the impact of high housing costs disproportionately affects certain racial and socioeconomic groups, there is also a noticeable generational divide. The scarcity of affordable housing near employment opportunities, coupled with mounting student debt, has resulted in a net worth for young households that is 20 percent lower than that of baby boomers in 1989 and 40 percent lower than that of Generation X families in 2001.
Additionally, homeownership is increasingly unattainable for younger generations, with millennials being 8 percent less likely to own homes compared to baby boomers and Gen Xers.8 Nearly half of households aged 18-34 are considered rent-burdened. The Urban 2 Casita Coalition and Reuben, Junius & Rose LLP: AB1033 – How to Implement New State ADU Condominium Law, p.1
https://static1.squarespace.com/static/5f2c2d67c58236227115e0de/t/65397c083ac9fc75cf8701fd/169 8266121029/AB-1033-Casita-Coalition-RJR-ADU-Condos-memo.pdf 3 Casita Coalition and Reuben, Junius & Rose LLP: AB1033 – How to Implement New State ADU Condominium Law, p.1
https://static1.squarespace.com/static/5f2c2d67c58236227115e0de/t/65397c083ac9fc75cf8701fd/169 8266121029/AB-1033-Casita-Coalition-RJR-ADU-Condos-memo.pdf 4 California’s High Housing Costs, Causes and Consequences (2015) Legislative Analyst’s Office. https://lao.ca.gov/reports/2015/finance/housing-costs/housing-costs.aspx 5 2015-2023 Berkeley Housing Element (2014). City of Berkeley. https://cityofberkeley.app.box.com/s/x7cfk49voo9hr56iw3exsqogx0w7e6y3 6 Home Values (2024) https://www.zillow.com/home-values/ 7 Woetzel,J., Mischke, J., Peloquin, S., and Weisfield, D. (2016, October). A Toolkit to Close California’s Housing Gap: 3.5 Million Homes by 2025. McKinsey Global Institute:
https://www.mckinsey.com/~/media/mckinsey/industries/public%20and%20social%20sector/our%20in sights/closing%20californias%20housing%20gap/closing-californias-housing-gap-full-report.pdf 8 Grabar, Henry. (2019). I Got Mine. Slate Magazine.
3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
Institute conducted an extensive study on the barriers to millennial homeownership and recommended a series of policy changes, with a key recommendation being the alteration of land use and zoning restrictions, particularly in areas with rigid housing supply.9 Furthermore, moderate-income earners often find themselves unable to access Below Market Rate (BMR) housing, exacerbating the issue. Naturally affordable housing options, such as ADUs, often offer a pathway to more affordable living. An analysis by the Terner Center revealed that 58 percent of ADU owners rented their units at below-market-rate rent.
Due to their smaller size and/or cost-effective construction, ADUs frequently provide more affordable options for both owners and renters compared to single-family homes.10
FISCAL IMPACT
Staff time to amend the Berkeley Municipal Code to eliminate mention of sales restrictions as they pertain to ADUs and to prepare an ordinance allowing ADU sales separate from the main unit(s).
ENVIRONMENTAL SUSTAINABILITY
The recommendation to promote ADUs has significant implications for environmental sustainability, particularly through the concept of infill housing, especially near transit hubs.
By encouraging the construction of ADUs, cities can capitalize on existing infrastructure and minimize urban sprawl by using underutilized parcels within established neighborhoods. This approach to infill housing not only optimizes land use but also reduces the need for further development on undeveloped land, preserving natural habitats and open spaces.11 Moreover, situating ADUs near transit promotes alternative modes of transportation, such as walking, biking, or public transit, thus reducing reliance on cars and lowering greenhouse gas emissions associated with commuting. Overall, the strategic implementation of ADUs as infill housing near transit contributes to a more sustainable urban environment, aligning with efforts to combat climate change and promote eco-friendly living practices.
Expanding housing options plays a crucial role in addressing environmental concerns, aligning with the City of Berkeley's Climate Action Plan. Researchers from the University of California have developed a climate policy tool for local governments to evaluate policies' https://slate.com/business/2019/05/californiahousing-crisis-boomer-gerontocracy.html 9 Choi, j., Zhu, J., Goodman, L., Ganesh, B., and Strochak, S. (July 2018). Millennial Homeownership.
The Urban Institute.
https://www.urban.org/sites/default/files/publication/98729/millennial_homeownership.pdf 10 Garcia, D. (2017). ADU Update: Early Lessons and Impacts of California’s State and Local Policy Changes. Terner Center for Housing Innovation. https://ternercenter.berkeley.edu/research-and- policy/adu-update-early-lessons-and-impacts-of-californias-state-and-local-policy-changes/ 11 The Environmental Center September 24, 2020 Blog Post: Accessory Dwelling Units: A Sustainable Housing Solution: https://envirocenter.org/accessory-dwelling-units-a-sustainable-housing- solution/#:~:text=Since%20these%20units%20tend%20to,more%20sustainable%20and%20livable%2 0community.
4 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
effectiveness in reducing carbon footprints. Their study of 700 cities revealed that infill housing has the most significant impact.12
CONTACT PERSON
Councilmember Rashi Kesarwani, District 1 (510) 981-7110 Attachments:
Casita Coalition and Reuben, Junius & Rose LLP: AB 1033 - How to Implement New State ADU Condominium Law. Pages 3-5 include required text in ADU condominium ordinances – Cal. Govt. Code Section 65852.2(a)(10)
12 Jones, C, Wheeler, S, and Kammen, D. (2018) California Local Government Climate Policy Tool.
Cool Climate Network. https://coolclimate.berkeley.edu/ca-scenarios/index.html
AB1033 – HOW TO IMPLEMENT NEW STATE ADU CONDOMINIUM LAW Today, nearly 20% of housing units built in California are accessory dwelling units (“ADUs”). According to the California Association of Realtors Housing Affordability Index, only 17% of households can afford a single-family home, less than half of the national average. In many States across the country, ADU condo conversion projects are re-enabling a generation of home buyers to live in the communities of their choice near work and family. The State of Washington recently required all local agencies to allow conversions of a primary unit and ADU to condominiums for sale.
Consequently, in Seattle and Portland 40% to 50% of ADUs constructed are sold as condominiums to new homebuyers, where they are bought for approximately half the value of a stand-alone single-family home. Such ADU condo conversion purchases are eligible for federally guaranteed mortgages, making them easy to finance for ordinary homebuyers.
The California State Legislature recently adopted a new law, AB1033, that creates affordable options for homeownership by allowing ADU’s to be sold separately from a primary unit. AB1033 removes the previous State law prohibition against mapping and selling a single-family home and its ADU as condominiums. Even though this prohibition on condo conversion has been eliminated, it is up to Local Agencies to amend their codes to allow these entry-level home ownership opportunities.
WHAT NEEDS TO BE DONE TO ALLOW SALE OF ADUS?
Respecting local control, the Legislature left it up to Local Agencies to amend their municipal code(s) to allow these entry-level home ownership opportunities through the sale of ADUs. The Casita Coalition and Reuben, Junius, and Rose, LLP have developed this guidance to encourage your Local Agency to make the following changes to your code(s), procedures and policies to re-enable Californians priced out of many of our communities to once again have a dream of buying a home by enabling more naturally-affordable condominiums for sale.
RECOMMENDED STEPS TO IMPLEMENT SALE OF ADUS
1. Eliminate Sale Restrictions. Remove all provisions in your municipal code that prohibits the sale or other conveyance of an ADU. These restrictions are typically included in local Condominium Codes and Zoning Codes.
2. Adopt Legislation Expressly Allowing ADU Sales. To align local rules with State law, adopt changes to the municipal code that allow conversion of a home and its ADU into condominiums subject to the requirements of the Davis- Stirling Common Interest Development Act (Cal. Civ. Code Sec. 4400-6150.) Appropriate amendment text will differ depending on the existing municipal code, but AB1033 requires a list of express provisions be included in such local ordinance, attached at the end of this document.
3. Publish ADU Checklists. Provide a comprehensive checklist for any ADU building permit and for ADU condominium/subdivision projects, indicating Subdivision Map Act compliance and lender subordination information.
4. First Right of Offer to Owner Occupants. To further encourage new homeownership, consider including a condition of approval for establishing condominiums of a primary unit and ADU giving a first right of offer for a period of 45 days on publicly accessible databases, e.g., MLS, to buyers indicating an intent to live in the property (either themselves or their immediate family). To avoid issues with lenders, however, do not require owner occupancy.
5. Create “Grow Homeownership” Program. Establish a program with dedicated staff that expedites ADU condominium processing with first comments to be issued within 45 days of submission of a complete application. • Consider waiving or reducing application and impact fees otherwise applied to condominiums.
• The Grow Homeownership Program could be paired with other funding programs your jurisdiction may have, e.g., through SB2 (2017) funds.
If
you have any questions or would like to discuss any of the above, please do not hesitate to reach out to Justin A. Zucker from Reuben, Junius & Rose, LLP at 415.656.6489 or [email protected].
AB1033 – Required Text in ADU Condominium Ordinances – Cal. Govt. Code Sec. 65852.2(a)(10)
(A) The condominiums shall be created pursuant to the Davis -Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (C) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
(D) (i) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(I) A lienholder may refuse to give consent.
(II) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
(ii) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”
(iii) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(I) The lienholder’s signature.
(II) The name of the record owner or ground lessee.
(III) The legal description of the real property.
(IV) The identities of all parties with an interest in the real property as reflected in the real property records.
(iv) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.
(E) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accesso ry dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.
In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.
You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
(c) Securing your lender’s consent to the details of any construction loan or ground lease.
This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”
(F) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
(G) (i) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
(ii) For purposes of this subparagraph, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association. (H) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to Section 65852.26.
Office of the City Manager
INFORMATION CALENDAR
May 14, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: UPDATE: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
INTRODUCTION
This report is an informational update on progress toward goals recommended by a City Auditor report titled “Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees” issued on October 10, 2019.1 Specifically, the report tracks progress toward goals articulated by the Audit’s Corrective Action Plan within the broader context of a workplace violence prevention policy being developed by the Human Resources Department.
CURRENT SITUATION AND ITS EFFECTS
The audit set forth six recommendations, of which five have been integrated into a working draft of a revised domestic violence policy. These revisions pertain to the title of the policy (to reflect a broader scope), pertinent definitions, factors to be considered in assessing accommodations, supporting documents required for accommodations, and best practices in implementing such a policy.
As to a sixth recommendation regarding staff training for compliance with the policy, HR is looking to incorporate such training into a redesigned Supervisor Training curriculum.
Moreover, the department is developing a comprehensive Workplace Violence Prevention Policy focused on threat assessment and mechanisms for reporting suspicious behavior/activity.
1 Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees:
https://berkeleyca.gov/sites/default/files/2022-01/Domestic-Violence-Response-Report.pdf
29
UPDATE: HR Response: Audit Directive(s) for Domestic Violence Policy Informational Calendar May 14, 2024
BACKGROUND
The City Auditor’s Office issued its report on October 10, 2019. HR’s first informational update was provided on November 3, 2022. This report is HR’s second informational update.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.
Attachments:
1. Audit Findings, Recommendations, and Status Updates
Finding Department Expected or
Actual
Implementation
Date
Status of Audit
Recommendations,
Corrective Action Plan, and
Progress Summary
Last Period:
Status
Policy Does Not Completely
Reflect State Requirements
1.1 Define and include sexual assault,
stalking, and witnesses’ rights.
Human
Resources
Ongoing Partly Implemented:
Human Resources has made
proposed updates to terms
and definitions in the policy.
Policy is in draft form and
awaiting approval.
Partly
Implemented
Policy Does Not Completely
Reflect State Requirements
1.2 State that when assessing safety
accommodations, Human
Resources takes into consideration
danger to the employee and undue
burden to the employer.
Human
Resources
Ongoing Partly Implemented:
Human Resources has made
proposed updates to terms
and definitions in the policy.
Policy is in draft form and
awaiting approval.
Partly
Implemented
Policy Does Not Completely
Reflect State Requirements
1.3 Revise the policy title to reflect the
comprehensive scope of the policy.
Human
Resources
Ongoing Partly Implemented:
Policy title is updated in draft
form and is awaiting
approval.
Partly
Implemented
Recommendation
Audit Title: Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees
Policy Does Not Completely
Reflect State Requirements
1.4 Clarify that requirements for
employees to document their use of
leave or request for
accommodations are at the
discretion of Human Resources and
may include self-certification when
appropriate. We also recommend
that Human Resources clarify that
employees are encouraged to come
to Human Resources for assistance
even if they do not initially have the
documentation that may be
requested.
Human
Resources
Ongoing Partly Implemented:
Policy is updated in draft
form and is awaiting
approval.
Partly
Implemented
Policy Does Not Address Key
Workplace Domestic Violence
Issues
2.1 Incorporate the model policy and all
best practice elements described in
this finding, and communicate this
guidance to city staff.
Human
Resources
Ongoing Started:
The policy update is in draft
form and is awaiting
approval. In addition, Human
Resources will assess the
feasibility of adopting
additional elements from
model policies and will add as
appropriate at a later date.
Started
Berkeley Needs to Prepare All
Staff to Comply with the
Policy
3.1 Implement best practices, including:
• Training supervisors and Human
Resources staff about their role in
responding to employees
experiencing domestic violence and
providing information for
employees about the domestic
violence response policy;
• Conducting periodic outreach to
employees to inform them about
the policy, encourage them to come
forward, and provide general
information about domestic
violence;
• Facilitating collaboration among
city staff who have a role in
implementing the policy, and
convening a domestic violence
response team to advise on policies,
ongoing outreach and education,
and Human Resources’
implementation of
recommendations from this audit;
and
• Adopting a trauma-informed and
inclusive approach.
Human
Resources
Ongoing Started:
Human Resources may add
policy review to supervisor
training to include revised
domestic violence policy.
Started
2180 M
ilvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 E-Mail: [email protected] Website: https://berkeleyca.gov/your-government/city-audits
INFORMATION CALENDAR
May 14, 2024
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: Audit Follow-up Status Update
INTRODUCTION
This item provides a status update on the audit follow-up of all recommendations since the Auditor’s Office published a public audit recommendation dashboard. Municipal code allows the City Auditor to follow up with audited departments on the status of audit recommendations.
Additionally, administrative regulations require the City Auditor to monitor the status of outstanding audit recommendations and periodically report to City Council.
CURRENT SITUATION AND ITS EFFECTS
We follow up on audits to assess whether city departments implemented the audit recommendations. The Auditor’s Office periodically issues follow-up audit reports to City Council on the status of our recommendations. Our expectation is that the City should take no more than two years to implement our audit recommendations, unless specified. On September 8, 2022, we launched a public dashboard1 to track the status of audit recommendations. This report provides an update on audit follow-up activities since we launched the recommendation dashboard.
For subsequent audit follow-up status reports, our office is working with departments to transition to an annual schedule for these starting in fall 2024. In the past, we have asked departments to provide updates on implementation to Council every six months. Now that the audit recommendation dashboard displays updates to recommendation status on a rolling basis and provides ongoing transparency, departments will submit a Council report once a year going forward.
Audits with Open Recommendations
The following table summarizes follow-up activity since September 8, 2022 for audits that are currently open.
Department Audit Release
Date
Date of Department
Report to Council
City Manager,
Human
Resources
Staff Shortages - City Services
Constrained by Staff Retention
Challenges and Delayed Hiring
6/22/2023 3/12/2024
1 To view the dashboard, visit https://berkeleyca.gov/your-government/city-audits ; “Progress on Recommendations.”
30
Aud
it Follow-up Process Update INFORMATION CALENDAR
May 14, 2024
Finance Berkeley's Financial Condition (FY
2012 - FY 2021): Pension Liabilities
and Infrastructure Need Attention
5/5/2022 12/13/2022;
6/27/2023
Fire Fire Prevention Inspections:
Insufficient Resources Strain Code
Compliance
5/9/2019 11/3/2022;
Did not report in 2023
Human
Resources
Domestic Violence Response:
Berkeley Needs a Comprehensive
Policy to Support City Employees
10/10/2019 11/3/2022;
Did not report in 2023;
5/14/2024;
Library Berkeley Public Library Uses Tax
Funds by the Book, But More
Internal Controls Needed
8/27/2020 The Library reports to
the Board of Library
Trustees
Police Berkeley Police: Improvements
Needed to Manage Overtime and
Security Work for Outside Entities
3/3/2022 9/29/2022;
5/23/2023;
11/7/2023
Public Works Fleet Replacement Fund Short
Millions
6/2/2021 11/3/2022;
Did not report in 2023;
3/19/2024
Public Works Rocky Road: Berkeley Streets at
Risk and Significantly Underfunded
11/19/2020 11/3/2022;
Did not report in 2023;
3/19/2024
Som
e departments have not regularly reported on their progress to Council or made progress on the recommendations. According to some departments, one reason for this is that the staffing challenges we highlighted in our retention audit prevent them from prioritizing responding to audits.
We use the following statuses to report on the implementation of audit recommendations:
Implemented: The auditee has addressed the audit risk by completely implementing the recommendation.
Partly implemented: The auditee has implemented 50 percent or more of the recommendation.
Started: The auditee has started to address the recommendation but has not reached the 50 percent threshold.
Not started: The auditee has not yet taken action to implement the recommendation. Dropped: The auditee has accepted the risk to the city that the recommendation is meant to address and is unable or unwilling to implement the recommendation.
Additionally, all open recommendations will be reported as dropped if they are not implemented within five years of audit issuance.
Aud
it Follow-up Process Update INFORMATION CALENDAR
May 14, 2024
There are currently 66 open recommendations across eight departments. The following graphic shows the status of open audit recommendations as of May 14, 2024:
There are currently 66 open audit recommendations across eight departments.
We additionally marked 30 outstanding audit recommendations as implemented this cycle. The following graphic shows the number of recommendations implemented this cycle by department:
Recommendations Implemented between September 8, 2022 and May 14, 2024 2 1
5 3
1 10
7 11
5 1
1 2
1 4
6 3
3 0 2 4 6 8 10 12 14 16
City Manager
Human Resources
Public Works
Fire
Library
Mayor and Council
Police
Finance
# Recommendations
Not Started
Started
Partly Implemented
16 6
3 2
1 1
1 Police
City Manager's Office
Public Works
Library
Finance
Human Resources
Mayor and Council
Recommendations Implemented
Department
Aud
it Follow-up Process Update INFORMATION CALENDAR
May 14, 2024
Closed Audits
During this audit follow-up cycle of September 8, 2022 – May 14, 2024, we closed 11 out of 19 audits that were still open at the beginning of that time period. Audits are closed when all recommendations are implemented, or if they are older than five years. After five years, recommendations that are not implemented are marked as “dropped” on the online dashboard.
The following table summarizes follow-up activity since the launch of our online dashboard on September 8, 2022 for audits that are now closed:
Department Audit Release
Date
Date of Department Report
to Council
City Manager
(HR)
Berkeley’s Ethical Climate Rated
Strong Overall and Management
Working to Make it Better
3/14/2017 Implemented 3 out of 5
outstanding recommendations
but did not provide final report
to Council
City Manager
(Finance)
Citywide Grants Management
(formerly PW Grants Follow-up
Audit FY16)
7/19/2016 Did not provide final report to
Council
City Manager Most Contracts Executed Timely
but Contract Project Managers
Could Use Better Tools and
Guidance
10/6/2015 Did not provide final report to
Council
City Manager,
IT
City at crossroads as long-standing
need for structured approach to
line of business experts function
intersects with ERP
implementation
1/24/2017 Did not provide final report to
Council
City Manager,
Mayor and
Council
Code Enforcement Resources
Significantly Constrained and
Improvements Needed in Case
Management and Oversight
6/26/2018 9/20/2022;
Did not report in 2023;
3/19/2024
City Manager,
Public Works
Leases Audit: Conflicting
Directives Hinder Contract
Oversight
6/2/2009 11/3/2022
Finance Credit Card Use: Clearer Guidance
Needed
6/26/2018 Implemented last outstanding
recommendation but did not
provide final report to Council
IT, Public
Works
Underfunded Mandate: Resources,
Strategic Plan, and
Communication Needed to
Continue Progress Toward the
Year 2020 Zero Waste Goal
7/1/2014 11/3/2022
Aud
it Follow-up Process Update INFORMATION CALENDAR
May 14, 2024
BACKGROUND
The City Auditor’s Office has a mission to promote transparency and accountability in Berkeley government. We conduct independent performance audits to evaluate city operations and programs and make recommendations to improve operations and services and ensure productive use of taxpayer funds. We focus on equitable, efficient, and effective use of city resources to achieve goals and objectives. Generally, we follow up on recommendations for up to five years after they are issued. On September 8, 2022, our office launched an online dashboard to track the status of outstanding audit recommendations.
Following up on audit recommendations is an important part of the audit process that helps hold departments accountable for implementing agreed-upon audit recommendations. While we understand that some departments face staffing challenges that make it difficult to prioritize audit recommendations, not implementing the recommendations can mean that the City is not addressing the risks identified in audits or making needed improvements to operations or services.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
While there may be environmental impacts associated with some audit recommendations, there are no identifiable environmental effects or opportunities associated with the audit follow-up process.
CONTACT PERSON
Jenny Wong, City Auditor, (510) 981-6750
Attachment:
1: Audit findings, recommendations, and status updates for audits for which departments have not updated Council between September 8, 2022 and May 14, 2024.
Police Data Analysis of the City of
Berkeley's Police Response
7/2/2021 11/3/2022;
5/23/2023
Police 911 Dispatchers: Understaffing
Leads to Excessive Overtime and
Low Morale
4/25/2019 11/3/2022;
5/23/2023
Public Works Unified Vision of Zero Waste
Activities Will Help Align Service
Levels with Billing and Ensure
Customer Equity
9/20/2016 11/3/2022
Finding Department Status of Audit Recommendations, Corrective Plan, and Progress Summary
The City can improve
service delivery,
employee morale, and
public trust by further
strengthening its ethical
climate
1.1 Establish a formal, public‑sector‑values based, ethics program by:
1) Adopting a code of ethics that identifies important ethical principles or values and how to integrate the code into day to day practices; 2) Designating high‑level personnel (a specific individual or individuals) to ensure the organization has an effective ethics program; 3) Identifying City staff member(s) or an external resource to whom employees can turn for ethics advice; 4) Providing staff with guidance on how to tackle ethical dilemmas
City Manager Implemented
: CMO issued new code of ethics; created
and convened a formal ethics committee consisting of
management personnel; announced ethics committee
and ethics hotline in 2.15.19 Berkeley Matters as viable resources for staff to reach out to with ethics concerns; and announced new code of ethics in 2.15.19 Berkeley
Matters and reference training sources, regulations,
and viable contacts when faced with an ethics issue.
The City can improve
service delivery,
employee morale, and
public trust by further
strengthening its ethical
climate
1.2 Promote ethical standards to employees and the public by:
1) Including the City’s ethics statement in the new employee packet and discussing the City’s commitment to ethical standards in new employee orientation
2) Providing all employees with training covering the City’s ethics related policies and incorporating key aspects of the Fair Political Practices Commission ethics training
3) Providing a variety of ways to access ethics information and resources for employees, including those with no regular computer access at work, such as:
• Posters and wallet cards
• Centralized, intranet based ethics resource center
• Periodic inclusion of ethics statement in Berkeley Matters 4) Emphasizing the City’s commitment to workplace ethics during formal meetings, informal staff discussions, and regular communications with outside parties
5) Making the code of ethics available to the public, such as including the ethics code and related material in a centralized location on the City’s public internet.
City Manager Dropped: Audit recommendations are considered dropped if the City has not implemented them within
five years.
Audit Title: Berkeley’s Ethical Climate Rated Strong Overall and Management Working to Make it Better Issue Date: 3/14/2017
Recommendation
1.3 Provide supervisors and midlevel management with written guidance and training on how to:
• Initiate and encourage discussions of ethical issues to help dispel misconceptions and alert management to actual problems
• Report concerns or complaints to management or an external resource, and conduct investigations of ethics related complaints according to the City’s procedures
City Manager Implemented: HR has developed and scheduled trainings for supervisors and management.
The City can improve
service delivery,
employee morale, and
public trust by further
strengthening its ethical
climate
1.4 Develop a system for tracking, analyzing, and reporting on suspected misconduct, including written guidance and forms (or similar) to assist employees in making reports.
City Manager Implemented
: Human Resources established a third-
party ethics reporting website that allows employees
to make reports. HR resumed Ethics Committee
Meetings in which members review reported ethics
concerns.
The City can improve
service delivery,
employee morale, and
public trust by further
strengthening its ethical
climate
1.5 Provide employees and the City Council with summary reports about investigation and resolution of employee ethics complaints, such as the reports already provided about EEO complaints, taking care to protect confidential and identifying information.
City Manager Dropped
: Audit recommendations are considered
dropped if the City has not implemented them within
five years.
The City can improve
service delivery,
employee morale, and
public trust by further
strengthening its ethical
climate
1.6 Monitor and regularly evaluate the effectiveness of the ethics program and make improvements based on results.
City Manager Implemented
: Human Resources resumed convening
meetings of the Ethics Committee that monitors and
evaluates the City's ethics program.
Finding Department Status of Audit Recommendations, Corrective Plan, and Progress Summary
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
1.1 Issue an internal policy assigning the division responsible for overall grants accounting (e.g., billing and monitoring receivables) and reporting. Make it clear to project managers that they are responsible for providing information on the grants they manage to the appointed division to assist with grants accounting.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
1.2 Create a work team of Public Works staff who administer and manage grants.
Team members should include the position responsible for overall grants accounting and reporting, and staff from the divisions that manage grants (e.g., Engineering and Transportation). The team should work collectively to evaluate their respective functions and their interrelated roles and responsibilities for grants management, billing, and accounting; and work towards developing an effective workflow that provides for accurate and timely grants accounting and reporting.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Require the grants team to work collectively to develop a written procedures manual that clearly explains roles, responsibilities, and workflows. The manual should:
▪ provide guidance on the overall grant application, approval, and monitoring process within the department
▪ refer to other applicable policies and procedures such as City Administrative Regulation 1.17 and Contracts Online
▪ describe the specific tasks performed within divisions and/or by job classification
▪ identify the forms and data sheets that staff are to use for recording, tracking, and monitoring grants (also see Recommendations 5.1 and 6.2) ▪ describe coordinating efforts needed between divisions and with the grant coordinator in Finance
▪ identify timelines and requirements for reporting, performing reconciliations, and providing information to the Finance grant coordinator (also see Recommendation 2.2)
▪ provide enough detail to more easily train new hires or staff with new responsibilities
As with all procedures, the work team should consider the manual a living document that they review and update regularly to reflect changes in practices, procedures, and assignments.
Audit Title: Citywide Grants Management (formerly PW Grants Follow-up Audit FY16) Issue Date: 7/19/2016
Recommendation
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
1.3 City Manager Dropped
: Audit recommendations are considered
dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
1.4 Require the grants work team to have regular meetings to share information and discuss workflows between their divisions. These meetings may need to be more frequent at first, e.g., quarterly, and less frequent over time, e.g., annually. The team should invite the Finance grant coordinator to their meetings to ensure the coordinator is receiving the necessary information for recording grants to the central repository and issuing grants receivables reports.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
2.1 Provide the Finance grant coordinator with a list of personnel who are responsible for grants management, accounting, and reporting so that they can be notified when the grant coordinator posts the grants reports to the City’s shared drive.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
2.2 Require the division responsible for grants accounting and reporting to use Finance’s grant reports to:
▪ reconcile Public Works’ grant financial records with FUND$ to ensure that the department is recording expenditures and payments to the correct accounts
▪ work with Finance to make any necessary corrections to FUND$ financial data when they identify discrepancies and errors
▪ track grants receivables and follow up with grantors on outstanding receivables
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
3.1 Take ownership of City Administrative Regulation 1.16 and:
▪ review and update the regulation so that it is consistent with City practices and procedures, and cross reference the regulation to other guidance and policies, e.g., Contracts Online and City Administrative Regulation 1.17 ▪ reissue the updated guidance to all City staff with emphasis on ensuring that project managers and those responsible for identifying and applying for grant funding are notified of the update
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
4.1 Request that all department directors notify their grant management and accounting staff of City Administrative Regulation 1.17, and their expectations that staff adhere to the guidance.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
5.1 Require those responsible for grant accounting use the summary of charges sheet and work with project managers and the Finance grant coordinator to obtain the data they need to populate the sheet (also see Recommendations
1.3 and 1.4).
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
6.1 Require that all department directors ensure that their staff with grants management and fiscal responsibilities receive the following training:
▪ City Administrative Regulation 1.17: Pre-Award Authorization and Post- Award Grant Requirements
▪ Contracts Online, in particular, the revenue contract requirements City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
6.2 Require all departments that receive financial assistance from a third-party to ensure that their written procedures clarify that all such awards are consider grants and must be packaged in accordance with Contracts Online, and to follow City Administrative Regulation 1.17 to ensure that the grant coordinator receives the grant accounting data sheet (also see Recommendation 1.3).
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
6.3 Notify department directors when the grant coordinator finds that project managers and administrative staff are not providing grant information in accordance with City policy. Request that the department directors refer their staff to City Administrative Regulation 1.17, Contracts Online, and departmental procedures for guidance on ensuring they adhere to required grant policies and procedures.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
6.4 Add language to the revenue contract section of Contracts Online that clarifies all awards of financial assistance are considered grants and must be packaged in accordance with Contracts Online no matter the nomenclature used by the awarding agency.
Finance Dropped: Audit recommendations are considered
dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
6.5 Survey project managers and administrative staff who are responsible for grants management, reporting, and accounting to identify ways to improve the current grant database and reporting so that data are current and accurate, and reports are more user‑friendly.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Of our six original
recommendations, only
one is currently
implemented, two are
partially implemented, and
three are unimplemented
6.6 Use the information learned from surveying project managers and administrative staff (Recommendation 6.5) to identify critical business needs for the purchase of a comprehensive grants management system. Provide this information to the Department of Information Technology to use as part of Enterprise Resource Planning.
City Manager Dropped: Audit recommendations are considered dropped if the City does not implement them within five years.
Finding Department Status of Audit Recommendations, Corrective Plan, and Progress Summary
The City vastly improved
its performance in
securing fully executed
agreements before
contract work
commences, but
barriers to full
compliance must be
addressed
1.1 Design two timeline graphics to visually display the length of time project managers should expect it to take to execute the average boilerplate contract and non-boiler plate contract (i.e., routine vs. non-routine contracts). Identify the full length of time from request for proposal to City Manager approval. Include the average review times for the departments involved with contract review to provide user departments with a structure for their contract needs planning. Post the timelines to Contracts Online.
Finance Implemented
: A “contract preparation date estimate” tool
was created in MS Excel. It includes two timeline estimators to help project managers estimate the amount of time they will need to process both boilerplate and non-boilerplate
contracts. The tool was implemented in June 2016.
The City vastly improved
its performance in
securing fully executed
agreements before
contract work
commences, but
barriers to full
compliance must be
addressed
1.2 Continue providing semiannual reports of expiring contracts to project managers and work with the Department of Information Technology to convert the ad hoc query into an On Demand report that identifies all contracts set to expire within six months from the date of the query. Provide project managers with access to the On Demand feature so that they can run the report as needed.
Finance Implemented
: The city’s new financial system, Erma, allows
for project managers to run reports of expiring contracts.
Finance developed procedures for doing so and provided this information to city staff.
The City vastly improved
its performance in
securing fully executed
agreements before
contract work
commences, but
barriers to full
compliance must be
addressed
1.3 In collaboration with the Department of Information Technology and key contract review and approval departments, include contract management in Enterprise Resource Planning (ERP) needs.
Work with key personnel in the contract review and approval departments, and with project managers who typically execute and manage a large number of contracts, to identify critical business needs, and methods for eliminating redundancies and streamlining the contract preparation, review, and approval process.
Finance Implemented
: Part of Erma implementation included having
the Tyler Technologies manager meet with key city
stakeholders to document the contracting processes, identify process redundancies, and note pain points. The all-day session included future state requirements and recommended business process changes that would exploit the new system’s delivered functionality and drive efficiencies. Erma was implemented with the capacity to prepare, review, and
approve contracts.
Audit Title: Most Contracts Executed Timely but Contract Project Managers Could Use Better Tools and Guidance Recommendation
Issue Date: 10/6/2015
The City vastly improved
its performance in
securing fully executed
agreements before
contract work
commences, but
barriers to full
compliance must be
addressed
1.4 In coordination with the Department of Finance, enhance City training to include guidance for contract planning as part of project management. Once training is established, obtain feedback from training attendees and modify the training on an ongoing basis to meet the needs of project managers. Example training topics include:
• planning for contract needs by aligning them with department work plans
• structuring contract preparation needs with citywide approval timelines (also see recommendation 1.1)
• developing simple contract tracking systems to monitor contract timelines, expirations, and funding needs
City Manager Implemented
: Complementary to the timelines attached
tocreated in response to recommendation 1.1 and an
integrated contract management system within the ERP
system, Finance’s RFP/IFB and Contracts Procedures trainings courses encourage more continuous Q&A feedback during
sessions that concentrate on discussing the actual timelines, roadblocks, and steps of planning, preparing, and executing solicitations and contracts versus simply presenting a
slideshow detailing how the process is designed to work.
Training sessions were scheduled twice per month (the 1st Friday morning and the 2nd Wednesday afternoon) beginning September – December 2016, and will continue going forward based on demand. At minimum, the sessions will be offered quarterly.
The City vastly improved
its performance in
securing fully executed
agreements before
contract work
commences, but
barriers to full
compliance must be
addressed
1.5 Require departments to document their specific procedures for contract preparation, oversight, and management. Procedures should include:
• planning for department specific actions, e.g., obtaining management’s approval
• tracking contract status and funding needs
• attending City training courses when offered, e.g., contract preparation and FUND$ 101
• describing shared contract management responsibilities between project managers and support staff
• requiring projects managers to coordinate with and respond to support staff’s needs for contract administration
• requesting contract extensions
• aligning contract needs with department work plans
* using Finance's contract process timelines and On Demand report of expiring contracts for contract planning
* minimum level of documentation needed to effectively manage contracts
City Manager Dropped
: Audit recommendations are considered dropped if
the City hasn't implemented them within five years.
Finding Department Status of Audit Recommendations, Corrective Plan, and Progress Summary
Underdeveloped line of
business experts
function poses risks for
City’s ERP
implementation
1.1 Clearly define the purpose, responsibilities,
minimum qualifications, and training
requirements for the line of business
experts function.
City Manager Dropped
: Audit recommendations are considered
dropped if the City has not implemented them within five years.
Underdeveloped line of
business experts
function poses risks for
City’s ERP
implementation
1.2 Work with Information Technology to
establish written policies and procedures
for the line of business experts function at
the appropriate organizational level based
on the guiding principles established in
Recommendation 1.1.
City Manager Dropped
: Audit recommendations are considered
dropped if the City has not implemented them within five years.
Underdeveloped line of
business experts
function poses risks for
City’s ERP
implementation
1.3 Create boilerplate service level agreements
that, at a minimum, define the:
- general purpose of the agreement;
- roles and responsibilities of the parties
involved;
- goals and objectives;
- provisions for monitoring the agreement;
and
- procedures for amending the agreement.
The standard boilerplate should also include
a cost section that allows for quantifying
service charges and payment provisions in
as much detail as possible to help justify
costs.
Information
Technology
Implemented
: IT developed Service Level Agreements
(SLA) that include the description of services provided by each division, service hours, resources in each division and contact information during and after hours.
Audit Title: City at Crossroads as Long-Standing Need for Structured Approach to Line of Business Experts Function Intersects with ERP Recommendation
Issue Date: 1/24/2017
Underdeveloped line of
business experts
function poses risks for
City’s ERP
implementation
1.4 Negotiate and execute service level
agreements with client departments.
Information
Technology
Implemented
: The Cost allocation was presented to all
departments with staff from budget office, IT and
department managers and fiscal team members.
Underdeveloped line of
business experts
function poses risks for
City’s ERP
implementation
1.5 Work with Human Resources to revise the
job classification used for the portfolio
coordinator position. Minimum qualification
factors might include, but are not limited to:
- IT Governance/Portfolio Management
experience;
- Project Management Professional
certification;
- Project coordination experience; and
- Excellent verbal and written
communication skills.
Information
Technology
Dropped
: Audit recommendations are considered
dropped if the City has not implemented them within five years.
Finding Department Status of Audit
Recommendations,
Corrective Plan, and
Progress Summary
Credit Card use
practices out of
alignment with City
purchasing policies
1.1 Issue written credit card use policies and procedures that:
• Reflect the City’s expectations regarding credit card use, e.g., for immediate needs that cannot wait for the purchase order process.
• Clarify acceptability, or not, of creating accounts with third party payment groups, e.g., PayPal.
• Address the use Amazon or similar organizations that offer cheaper prices but may result in noncompliance with procurement restrictions. • Incorporate current practices used by Finance to issue and manage credit cards.
• Include best practices, for example, spending limits and reconciliation requirements.
• Require staff provide itemized receipts to support purchases. • Require the City Manager approve department head credit card purchases. * Require the Finance Director approve the City Manager's credit card purchases.
* Require staff verify that a purchase order is not the more appropriate procurement option in circumstances that do not clearly warrant the use of a credit card.
* Require indication of the need to use a credit card vs purchase order on supporting documentation when it is not clear based on the purpose. Require Accounts Payable staff report to the Finance Director or any City Manager and department head purchases that do not agree with City policies. * Require that credit card use be included in existing training programs, for example Accounts Payable processing.
Finance Implemented
: Alternatively
Implemented: Finance issued
a memo covering each of the
topics listed in the City
Auditor’s recommendation.
The memo identifies the
purchases for which credit
cards may be used and the
documentation needed for
support, and references
Administrative Regulation
(A.R.) 3.26. The information
from the memo will be
incorporated into all relevant
purchasing policies, including
A.R. 3.26, when Finance
aligns all purchasing policies
as recommended in
recommendation 1.3 below.
Audit Title: Credit Card Use Audit: Clearer Guidance Needed Recommendation
Issue Date: 6/26/2018
• Outline steps for reporting disallowed or questionable purchases to higher management and taking appropriate action to prevent further occurrence. • Require demonstrating that travel costs represent the lowest, reasonable fare available when costs do not reflect the most common economical purchase.
Credit Card use
practices out of
alignment with City
purchasing policies
1.2 Create and issue a written policy regarding food purchases. This policy should cover when food purchases are allowable, identify purchase limits, and require staff obtain itemized receipts.
Finance Implemented
: Finance issued
Administrative Regulation
(A.R.) 3.27. The A.R. covers
when food purchases are
allowable, identifies purchase
limits, and requires staff
obtain itemized receipts.
Credit Card use
practices out of
alignment with City
purchasing policies
1.3 Align City policies and procedures reflecting purchasing requirements and restrictions: purchasing; travel and attendance; petty cash; credit card use; food purchases; and any others that, if not updated, would create disconnect regarding the City’s expectations and create confusion for City staff expected to adhere to City policy.
Finance Implemented: Finance
updated its purchasing
policies to align with the
credit card policy and each
other.
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
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4. Click the “Search” button
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