City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Assessment Formation Process
This Engineer’s Report (“Report”) describes the Street Lighting Assessment District 2018 ( “ D i s t r i c t ” ) , a l o n g w i t h t h e b o u n d a r i e s , a d e s c r i p t i o n o f t h e facilities and public improvements to be improved, serviced and maintained by the ass essments (the "Improvements”), and the proposed assessments for Fiscal Year 2025 (“Assessments”).
At its meeting on April 3, 2018, the City Council passed a resolution directing that a notice of assessment and assessment ballot be mailed to property owners wi t h in th e Di st r i ct whose property receives special benefit from the Improvements. The notice included a description of the Improvements to be funded by the Assessments , the proposed assessment amount for each parcel owned, and an explanation of the method of completing and submitting the ballot. Ballots were mailed on or about April 11, 2018.
On May 29, 2018, a public hearing was be held for the purpose o f allowing public testimony regarding the proposed Assessments. At the Public Hearing, the public had the o p p o r t u n i t y t o s p e a k o n t h e i s s u e , v o i c e a n y c o n c e r n s o r p r o t e sts, and obtain further information about the proposed Assessments.
The returned ballots were then t abulated, and the ballot result s were announced at the City Council meeting on June 12, 2018. It was determined that t he assessment ballots s u b m i t t e d i n o p p o s i t i o n t o t h e p r o p o s e d A s s e s s m e n t s d i d n o t e x ceed the assessment b a l l o t s s u b m i t t e d i n f a v o r o f t h e A s s e s s m e n t s ( e a c h b a l l o t w a s weighted by the proportional financial obligation of the property for which the ballot was submitted), so the Council was able to take action to approve the levying of A ssessments for Fiscal Year 2019. The Assessments were confirmed and approved, and the Asse ssment information was submitted to the County Auditor/Controller. The County Auditor/Controller included the Assessments on the property tax roll beginning in Fiscal Year 2019. Assessments may now be continued by the City Council from year to year.
Legal Requirements
Proposition 218
This Assessment District was formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now codified as Articles XIIIC and XIIID of the California C onstitution. Proposition 218 provides for benefit assessments to be levied to fund the cost o f p r o v i d i n g s e r v i c e s , improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Proposition 218 describes a number of important requirements, including property‐ owner balloting for the imposition, increase and extension of assessments, and these requirements are satisfied by the process used to establish this Assessment District.
Silicon Valley Taxpayers Association, Inc. v. Santa Clara Count y Open Space Authority
In July 2008, the California Supreme Court decided Silicon Vall ey Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”), the most significant court case clarifying the substantive assessment requirements of Proposition 218. Several of the most important elements of the decision included further emphas is that:
Benefit assessments are for special benefits to property, not general benefits. The services and/or improvements funded by assessments must be clearly defined.
Assessment districts must be drawn to contain all parcels that receive a special benefit from a proposed public improvement.
Assessments paid in each assessment district must be proportional to the special benefit received by each such parcel from the improvements and services funded by the assessment.
This Engineer’s Report and the process used to establish the Assessments are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:
1. The District is narrowly drawn to include only the properties t hat receive special benefit from the specific Improvements. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is extended only on the Improvements in the District.
2. The Improvements which will be constructed and maintained with Assessment proceeds in the District are located in close proximity to the real property subject to the Assessment. The Improvements provide illumination to str eets and sidewalks enabling improved access to the residents of such ass essed property.
The proximity of the Improvements to the assessed parcels and the improved access and increased safety provided to the residents of the as sessed parcels by the Improvements provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
3. Due to their proximity to the assessed parcels, the Improvement s financed with Assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the area derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general incr ease in property values.
4. The assessments paid in the Distr ict are proportional to the sp ecial benefit that each parcel within the District receives from the Improvements because:
a) The costs of the specific lighting Improvements and maintenance and utility costs in the District are specified in this Report; and
b) Such Improvement and maintenance costs in the District are allocated among different types of property located within the District and equally among those properties which have similar characteristics, such as single‐ family residential parcels, multi‐family residential parcels, commercial parcels, industrial parcels, etc.
Dahms v. Downtown Pomona Property
On June 8, 2009, the Court of Appeal amended its original opini on upholding a benefit assessment for property in the downtown area of the City of Pom ona in Dahms v.
Downtown Pomona Property (“Dahms”). On July 22, 2009, the California Supreme Court denied review. In Dahms the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services an d improvements funded by the assessments were directly provided to property in the asses sment district. The Court also upheld discounts and exemptions from the assessment for certain properties.
Bonander v. Town of Tiburon
On December 31, 2009, in Bonander v. Town of Tiburon (“Bonander”), the Court of Appeal overturned a benefit assessment approved by property owners to pay for placing o v e r h e a d u t i l i t y l i n e s u n d e r g r o u n d i n a n a r e a o f t h e T o w n o f T iburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub‐areas of the assessment district instead of the overall cost of the improveme n t s a n d t h e o v e r a l l proportional special benefits.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Beutz v. County of Riverside
On May 26, 2010 the Court of Appeals issued a decision in Steven Beutz v. County of Riverside (“Beutz”). This decision overturned an assessment for park maintenance i n Wildomar, California, primarily because the general benefits as sociated with improvements and services was not explicitly calculated, quanti fied and separated from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the Court of Appeal issued a decision in Golden Hill Neighborhood Association v. City of San Diego appeal. This deci sion overturned an assessment for street and landscap ing maintenance in the Greate r Golden Hill neighborhood of San Diego, California. The Court described two primary reasons for its decision. First, like in Beutz, the Court found the general benefits associated with services were not explicitly calculated, quantified and separated from t he special benefits. Second, the Court found that the City failed to recor d the basis for the assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the requirements of A rticles XIIIC and XIIID of the California Constitution and with the SVTA decision because the Improvements to be funded are clearly defined; the I mprovements are directly avail able to and will directly benefit property in the District; and the Improvements provide a direct advantage to property in the District that would not be received in absence of the Assessments.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded fro m the Assessments. The Engineer’s Report is consistent with Bonander b e c a u s e t h e A s s e s s m e n t s h a v e b e e n apportioned based on the overall cost of the Improvements and Services and proportional special benefit to each property.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Plans and Specifications
The work and Improvements to be undertaken by the City and the cost paid from the levy of the annual assessment provide special benefit to assessor pa rcels within the District defined in the Method of Assessment herein. Consistent with the Act, the Improvements are generally described as follows:
The installation, maintenance, and servicing of local street lights in close proximity to certain lots and parcels which provide a direct special benefit to such lots or parcels.
The installation, maintenance, and servicing of peripheral stree t l i g h t st r u c t u r e s w h i c h provide a special benefit to all the assessable parcels within the District whether or not such parcels are in close proximity to such lighting.
The installation or construction of public lighting facilities, or the acquisition of any new improvements.
Plans and Specifications for the Improvements for the District are voluminous and are not bound in this Report but by this reference are incorporated and made a part of this Report. The Plans and Specifications are on file in the Public Works Engineering Office where they can be made available for public inspection.
Article XIII D of the California Constitution defines "maintenance and servicing expenses" as, "the cost of rent, repair, replacement, rehabilitation, fue l, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement.” The Improvement funding includes, but is not limited to, the removal, repair, replacement or relocation of light standards, poles, bu lbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the local lighting improvements benefiting the parcels within the District.
The Improvements to be maintained and serviced within the District are to be part of the local street light system of the City of Berkeley that confers special benefit to the District's parcels. The specific location of local street light Improvements within the City can be found in the Streetlight Condition Assessment by Tanko Lighting , which is on file in the office of the Director of Public Works, where it is available for public inspection.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
The Improvements to be maintained and serviced within the Distr ict include City‐owned street lights within the right of way of the local public stree t s l o c a t e d w i t h i n t h e boundaries of the District. These lights are all within close proximity to the parcels within the District identified as receiving local lighting benefit in the Method of Assessment, and, as such, provide special benefit to these parcels.
All street light maintenance will be performed by the City of Berkeley or its contractors.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Fiscal Year 2025 Budget
A summary budget for fiscal year 2025 for the maintenance of the Improvements is provided below. The full Itemized budget for the Assessment District is voluminous and is not bound in this report but by reference is incorporated and m ade a part of this report.
The Itemized budget is on file in the Department of Public Work s where it is available for public inspection.
Table 1 – FY 2025 Budget Summary
FY 2025
Revenue
1982 Assessment Dist 1,422,966$
SLAD 2018 Assessments 1 838,753
Misc. Revenue 500
TOTAL REVENUE 2,262,219$
Expenses
Personnel Expenses
Personnel 474,194
Other Operating Expenses
Non‐Personnel 452,239
Indirect Costs 56,564
Gas/Electricity 498,352
Debt Service Payment 217,907
Operating Transfer Out 12,120
County Collection Fee 37,367
Other Operating Subtotal 1,274,549$
Capital Expenses
Deferred Capital/Maint 200,000
Capital Subtotal 200,000$
TOTAL EXPENSES 1,948,743$
To (from) General Fund and/or Reserves 313,477$
Budget Allocation to Parcels
Total Street Light 2018 Assessments 1 838,753$
Total Street Light 2018 SFEs 46,691.257
Assessment per SFE 2 17.96$
Notes on the Budget:
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
1. The Act requires that proceeds from the Assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the Assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The City may also establish a reserve fund for contingencies and special projects, as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments.
2. The rate shown here is for a Single‐Family Equivalent (“SFE”), which is a single‐family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment” and the sections following it in this report.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Method of Assessment
This section of the Engineer’s Report includes an explanation of the benefits derived from the installation, maintenance and servicing of the Improvements throughout the District and the Assessment methodology used to apportion the total Asse ssment to properties within the District.
The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram and the parcels identified by the Assessor Parcel Numbers listed with the levy roll included with this Report. The parcel list includes all assessable privately and publicly owned parcels within the boundaries. The method used for apportioning the Assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two‐step process: the first step is to identify the types of special benefit arising from the Improvem ents and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s use of the Improvements or a property owner’s specific demographic status. With reference to the requ irements for Assessments, Section 22573 of the Act states:
The net amount to be assessed upon lands within an assessment d istrict may be apportioned by any formula or method which fairly distributes t he net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that Assessments must be based on the special benefit to property:
No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Special Benefit
Street lighting is an optional improvement, not required by state or federal law, that is an enhancement over and above requisite infrastructure, and thus is a special benefit. The majority of the benefits of the street lights are received by the benefited property, with a small portion of the benefits received by the general public on major streets only. This portion received by the general public is captured and quantified in the following section.
The factors that determine special benefit conferred on parcels are detailed below:
Improved Visibility and Safety
Well maintained, effective street lighting provides special ben efit to proximate parcels, within range of the light, because it allows for safer and improved use of the property in the evenings, early morning, and at night. Street lighting provides special benefit because it increases neighborhood safety and, at least indirectly, reduces the likelihood of crime on the proximate parcels. Over time, the Improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the Improvements. The proper maintenance of the street lights and appurtenant facilities increases visibility and local human presence and, in many situ ations, helps reduce property‐related crimes, especially vandalism, against assessed properties in the District.
Improved Access, Navigation and Traffic Safety
Well maintained, effective street lighting enhances ingress, egress and accessibility of all forms to the assessed parcels in the evening, early morning, and at night by increasing visibility. Improved visibility also helps prevent local automo bile, bicycle, and pedestrian traffic accidents related to the assessed parcels. This benefit includes a reduction in accidents during non‐daylight hours.
Improved Community Character and Vitality
Well maintained, effective street lighting promotes evening and nighttime social interaction of residents and customers of businesses and industry. This creates a positive atmosphere and enhanced community image in the evening and at night for the assessed parcels.
All of the above‐mentioned items also contribute to a specific enhancement to each of the parcels within the District. The proximate street lights ma ke each parcel safer, more visible, more accessible, more useful, more valuable and more desirable; and this further strengthens the basis of these Assessments.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
General Versus Special Benefit
The proceeds from the Assessments are used to fund the describe d Improvements and increased levels of maintenance to the other City facilities that serve and benefit the properties in the District. In absence of the Street Lighting Assessment District 2018, such Improvements would not be properly maintained. Therefore, the D istrict’s purpose is to ensure that the necessary and beneficial public facilities for property in the District are properly maintained, operated and repaired over time. The Assessments will ensure that street lighting and associated improvements within and adjacent t o t h e D i s t r i c t a r e functional, well maintained and effective. These public resources directly benefit the p r o p e r t y i n t h e D i s t r i c t a n d w i l l c o n f e r d i s t i n c t a n d s p e c i a l benefits to the properties within the District.
The Improvements and Services are specifically designed, located and created to provide additional and improved resources for property inside the Distr ict and not the public at large although the Improvements maintained by the Services may be available to the general public. Other properties that are outside the District do not enjoy the unique proximity and other special benefit factors described previously . T h e s e I m p r o v e m e n t s and Services are of special benefit to properties located withi n the District because they provide a direct advantage to properties in the District that would not be provided in the absence of the Assessments. Any general benefits to surroundin g properties outside of the Assessment District, if any, are collateral and conferred concomitantly.
Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments. The funding for general benefits must come from other sources.
The maintenance and servicing of these Improvements is also par tially funded, directly and indirectly, from other sources, including the City of Berke ley, Alameda County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). This funding from other sources more than compensates for general benefits, if any, rec eived by the properties within the Assessment District.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
In the 2009 Dahms case, the Court upheld an asse ssment that was 100% special ben efit o n t h e r a t i o n a l e t h a t t h e s e r v i c e s f u n d e d b y t h e a s s e s s m e n t s w ere directly provided within the assessment district. It is also important to note th at the improvements and services funded by the assessments in Pomona are similar to the improvements and s e r v i c e s f u n d e d b y t h e A ss e s s m e n t s d e s c r i b e d i n t h i s E n g i n e e r ’ s Report and the Court found these improvements and services to be 100% special benefi t. Also similar to the assessments in Pomona, the Assessments described in this Engineer’s Report fund Improvements and Services directly provided within the District a n d e v e r y b e n e f i t i n g property in the District enjoys proximity and access to the Improvements. Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments.
Nonetheless, possible general benefits have been liberally calculated below and then shown to be more than offset by resources from non‐assessment sources.
Calculation of G eneral Benefit
The Illumination Engineering Society of North America provides a widely‐used standard for street lighting which has become the de‐facto industry stan dard. This standard specifies footcandle requirements as a measurement of illumination at the roadway level, which are different for local, collector, and major streets usi ng three levels (low/medium/high) of pedestrian activity. The three street classifications and pedestrian activity levels are described below with a discussion of their general benefit contribution from the street light system.
Local Streets – a street that is used to gain access to the property bordering it. The street l i g h t s o n l o c a l s t r e e t s p r i m a r i l y s e r v e t h e a d j a c e n t p r o p e r t y owner. Therefore, per industry standard, the street lights on local streets have no general benefit component.
Collector Streets – low to moderate capacity roads which serve to move traffic from local streets to arterial roads. Similar to local streets, collector streets are primarily used by local residents and per industry standard are also deemed to have no general benefit component. This street classification will be used as the basel ine for this analysis.
Arterials – high capacity streets that serve as the principal ne t wo r k f o r t h r o u g h t r a f f i c flow. These routes connect areas of principal traffic generatio n and important regional roadways traversing the City. As such, this traffic includes a significant number of drivers from outside the District and the street light Improvements may c o n f e r s o m e g e n e r a l benefit on those drivers.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
On average, arterial streets requ ire a 45% increase in lighting l eve l s f r om t h e b ase l i ne collector streets.2 This increase in lighting reinforces the special benefits to t he abutting properties as defined above: increased visibility and safety; improved access, navigation and traffic safety; and improved community character and vitali ty. In addition to these benefits, the through traffic flow, which includes drivers from outside the District, receives the additional benefit of reduction in nighttime accidents due to enhanced lighting. The degree to which each of these benefits can be considered general benefit is shown in Table 2 below.
Table 2 – General Benefit for Arterial Streets
The general benefit from arterial streets must be combined with the general benefit from a l l o t h e r s t r e e t s i n t h e D i s t r i c t . E a c h c a t e g o r y o f s t r e e t h a s its unique general benefit weight, prorated by center line miles of streets. This calculation is shown in Table 3 below.
Table 3 – Calculation of General Benefit
2 Based on values from the Illumination Engineering Society of North America, “American National Standard Practice for Roadway Lighting.”
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Improved Nighttime Visibility and Safety 25 0% 0.0%
Improved Access, Navigation and Traffic
Safety 25 50% 12.5%
Improved Community Character and Vitality 25 0% 0.0%
Reduction in Nighttime Accidents 25 75% 18.8%
General Benefit on Arterial Streets from Improved Lighting 31.3% Street Classification
General
Benefit
Weight
General
Benefit
Local 158 73.1% 0% 0.0%
Collector 37 17.1% 0% 0.0%
Arterial 21 9.7% 31.3% 3.0%
TOTAL 216 100% 3.0%
Centerline Miles
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
A s a r e s u l t , t h e C i t y o f B e r k e l e y w i l l c o n t r i b u t e a t l e a s t 3 . 0 % of the total budget from sources other than the Assessmen t. This contribution offsets any general benefits from the Assessment Services.
Calculation of the Current General Benefit Contribution from th e City This general benefit contribution is the sum of the following components:
The City of Berkeley owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and g utter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City of Berkeley toward general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.
The City of Berkeley owns and maintains a storm drainage system along the border of the District’s Improvements. This sy stem serves to prevent flooding and associated damage to the Improvements and to manage urban runoff including local pollutants loading from the Improvements. The contribution from the City of Berkeley toward general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 1%.
The City of Berkeley owns and maintains local public streets throughout the District.
These public streets provide access to the Improvements for its e n j o y m e n t a s w e l l a s efficient maintenance. The contribution from the City of Berkeley toward general benefit from the maintenance of local public streets is conservatively estimated to be 1%.
The value of the construction of the existing street light Improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by funds other than these Assessments, this “annuity” can be used to off set general benefit costs and is conservatively estimated to contribute 25%.
General Benefit is More than Offset by City Contribution Therefore, the total general benefit is liberally quantified at 3 . 0 % , w h i c h i s m o r e t h a n offset by the total non‐assessment contribution toward general benefit of 28%.
Method of Assessment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. To determine the special benefit received by individual parcels, the use of that parcel must be considered. Each category of property can benefit from street lights in a unique way, and those characteristics must be quantified. As noted above, the special benefit factors are as follows:
Improved visibility and safety
Improved access, navigation and traffic safety
Improved community character and vitality
The basis for apportioning Assessments is traffic generated to and from a particular parcel. This is used because the amount of traffic generated by a parcel is directly proportional to, and effectively models, the relative quantity of the three special benefit factors. For instance, the more people that come and go from a site, the more the site benefits from the improved visibility and safety. The same reasoning applies to the other special benefit factors.
Residential Traffic
The typical single‐family residence (“SFR”) generates approximat e l y t e n v e h i c u l a r t r i p s per day. Condominium units generate approximately eight trips p er day and apartment units generate approximately six trips per day per unit. The trip generation rates that are used for each land use are based on the trip generation rates published by the San Diego Association of Governments and the Encinitas Ranch Austin Foust Traffic Study. The trip generation rates are included in Appendix A of this report.
Non‐Residential Traffic
Trip generation for non‐residential parcels vary depending on their designated land use as well as size of parcel. The trip generation data for non‐res idential land uses are based on trips per acre. For instance, a commercial parcel on two acres typically will have twice the traffic of a commercial parcel on one acre. It follows that the two‐acre parcel will then receive twice the benefit from the street lighting as the one‐acre parcel. Various land uses were grouped into categories with similar traffic characteristi cs, resulting in the fee categories shown later in this report.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Darkness
Non‐residential parcels typically do not operate all night long. The average period of darkness is 12 hours, but non‐residential uses will only operat e for approximately three hours of that time. For that reason, a non‐residential darkness factor of (3 ÷ 12 =) 25% is applied to those parcels. For two non‐residential categories, t h e d a r k n e s s f a c t o r i s different, as shown below:
Offices and banks typically close earlier than other non‐residential uses so they are assigned a darkness factor of 12.5%.
Hotels, motels and boarding houses typically have activity further into the night than other non‐residential uses, so they are assigned a darkness factor of 50%.
Non‐residential trip generation is then adjusted for the darkness factor for each rate category.
Single‐Family Equivalents
The SFR category is used as the baseline for calculating the sp ecial benefit for all other land uses and sizes. Each rate category is assigned a single‐fa mily equivalent (“SFE”) rate using the following formula:
ADT x Darkness Factor
ADT for SFR
SFE Rate=
Where:
ADT = Average Daily Trips for each category
ADT for SFR = ADT for single‐family residential, which is used as a baseline figure for SFE rate
SFE Rate = SFEs per unit shown (parcel, [living] unit, or acre) The results of these calculations for each rate category are shown in Table 4 below.
Table 4 – Single‐Family Equivalent Rates
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
.
Landuse Category ADT
Darkness
Factor
Adj
ADT SFE Rate Unit
Residential
Single Family 10 1 10 1.000 parcel
M ulti‐Family < 5 units 8 1 8 0.800 unit
M ulti‐Family 5 or more units 6 1 6 0.600 unit
Condominium 8 1 8 0.800 parcel
Mobile Home 5 1 5 0.500 unit
Multiple SFR on parcel 10 1 10 1.000 unit
Non‐Residential
General Commercial 600 0.25 150 15.000 acre
Industrial / Warehouse 60 0.25 15 1.500 acre
Auto Repair 400 0.25 100 10.000 acre
Hotel / Motel / Boarding 200 0.5 100 10.000 acre
Hospital 250 0.25 62.5 6.250 acre
Retirement Home 50 0.25 12.5 1.250 acre
School / Day Care 90 0.25 22.5 2.250 acre
Medical / Dental / Vet 500 0.25 125 12.500 acre
Church 30 0.25 7.5 0.750 acre
Mortuary 10 0.25 2.5 0.250 acre
Recreational 100 0.25 25 2.500 acre
Parking / Transportation 200 0.25 50 5.000 acre
Mini Storage 30 0.25 7.5 0.750 acre
Office 300 0.125 37.5 3.750 acre
Bank 1000 0.125 125 12.500 acre
Park / Open Space / Agriculture 2 0.25 0.5 0.050 acre
Vacant 0 na
Annual Assessment Increase
The Assessment is subject to an annual adjustment tied to the San Francisco‐Oakland‐ Hayward Consumer Price Index‐U as of December of each succeeding year (“CPI”), with a maximum annual adjustment not to exceed 3%. In order for the Ci ty’s dedicated Streetlight fund revenue sources to satisfy cost requirements into the future, the maximum rate per SFE is calculated based upon the sum of the 1982 assessment and the Street Light Assessment District 2018 Assessment.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Table 5 – Maximum Single‐Family Equivalent Rate Calculation FY 2024 FY 2025
2018 District Maximum for FY 24 780,912.67$ 780,912.67$ 1982 District Maximum for FY 24 1,422,966.00$
Total for FY 24 2,203,878.67$
Maximum Increase of 3% of Total for FY 25 57,840.80$
FY 25 Maximum Assessment 838,753.47$
Total SFEs 46,691.257
FY 25 Maximum Rate per SFE 17.96$
Duration of Assessment
The Assessments may be continued every year after their formation, so long as the public Improvements need to be maintained and improved and the City requires funding from the Assessments for these Improvements in the District. As note d previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.
Appeals and Interpretation
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City of Berkeley Public Works department.
Any such appeal is limited to correction of an assessment durin g the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City of Berkeley City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Engineer or her or his designee shall be referred to the Public Works Director and the decision of the Public Works Director shall be final.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Assessment Statement
WHEREAS, on March 21, 2024, the City Council of the City of Berkeley, County of Alameda, California, adopted a Resolution initiating proceedings for the levy of Assessments for fiscal year 2025 within the Street Light Assessment District 20 18, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Arti cle XIIID of the California Constitution (collectively “the Act”);
WHEREAS, the City of Berkeley directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District, to which the description of the proposed Improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act a n d t h e o r d e r o f t h e C i t y C o u n c i l o f t h e C i t y o f B e r k e l e y , h e r eby make the following assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.
The amount to be paid for the Improvements and the expense inci dental thereto to be paid by the City of Berkeley Street Lighting Assessment Distric t 2018 for the fiscal year 2025 are generally as listed in Table 1.
As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the City of Berkeley Street light Assessment District 2018. The distinctive number of each parcel or lot of land in t he City of Berkeley Street light Assessment District 2018 is its Assessor Parcel Number appearing on the Assessment Roll.
And I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the cost s and expenses incident thereto , upon the parcels and lots of land within the City of Berkeley Street Lighting Assess ment District 2018, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the cost estim ate and method of assessment hereto attached and by reference made a part hereof.
The Assessments are made upon the parcels or lots of land withi n the City of Berkeley Street Lighting Assessment District 2018 in proportion to the s pecial benefits to be received by the parcels or lots of land from the Improvements.
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the fiscal year 2025. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the Count y Recorder of the County.
I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2025 for each parcel or lot of land within the City of Berkeley Street Lighting Assessment District 2018.
Dated: April 15, 2024
E n g i n e e r o f W o r k
B y ______________________________
J o h n B l i s s , L i c e n s e N o . C 52091
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Assessment Diagram
The boundaries of the City of Berkeley Street light Maintenance Assessment Districts and Annexations are displayed on the Assessment Diagram below.
Figure 1 – Assessment Diagram
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Appendix A – SANDAG Trip Generation Tables
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Appendix B – Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 2018 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.
E a c h l o t o r p a r c e l l i s t e d o n t h e A s s e s s m e n t R o l l i s s h o w n a n d illustrated on the latest County Assessor records and these records are, by reference mad e part of this report.
These records shall govern all details concerning the description of the lots or parcels.
CONSENT CALENDAR
May 21, 2024
1 TO: Honorable Members of the City Council
FROM: Mayor Jesse Arreguín (Author), Councilmember Hahn (Co-Sponsor) SUBJECT: Develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions
RECOMMENDATION
Direct the City Manager to develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions; aim is to improve their well-being and prevent or dramatically reduce calls for service; the pilot would implement a “friendship or care team” for each as described below to build trust, support, address loneliness; teams would be staffed with existing contracted outreach providers; teams would keep a brief daily log of their experience and calls for service would be tracked; pilot to be evaluated and report back to Council quarterly to determine efficacy.
BACKGROUND
Persons with SMI have been known to devolve into dangerous episodic behavior with tragic results--for themselves and their victims (a few extreme examples attached). Unfortunately, we have very few tools to prevent this behavior. This item asks that we pilot one potential avenue.
AOT (Assisted Outpatient Treatment) is a legal intervention tool involving a lengthy legal process and a court order at the County level.
AOT is not suggested here. Rather what is suggested is to use one feature of AOT: the outreach team.
The outreach team or a “buddy” team can be implemented immediately outside of any court process. The team’s role is to develop an ongoing relationship to hopefully prevent or dramatically lessen violent or problematic behavior. The team would attempt to build rapport, reach out on a regular (daily if possible) basis offering friendship, help, clothing, an ear, “whatever it takes” to calm and, if at all possible, guide a person toward services. The team would have access to a clinician for support and guidance. A log would be kept noting condition, responsiveness, effectiveness of communication, etc. The log would also note what works best, what could be more helpful. Along with records of calls for service, these notes would inform the evaluation of the pilot.
2 San Francisco’s AOT program is a two-person team.1
This item directs the staff to develop such a pilot program in concert with appropriate “others,” implement contract modifications if necessary with existing service providers, develop guidelines for the teams, and determine the appropriate metrics to evaluate its efficacy.
FINANCIAL IMPLICATIONS
Staff time.
CONTACT
Mayor Jesse Arreguín
[email protected] | 510-981-7100
1 https://www.sfdph.org/dph/comupg/oservices/mentalHlth/AOT/default.asp
Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]
CONSENT CALENDAR
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Mayor Jesse Arreguín
Subject: Amendment to Commissioner Leave of Absence Process
RECOMMENDATION
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 3.02 to allow the Mayor to approve a Leave of Absence for a Commissioner appointed by the Council as a whole.
FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with this recommendation.
BACKGROUND
The City of Berkeley has dozens of citizen commissions, providing opportunities for residents to advise the Council on topics they have experience in. Commissions play a key role in the democratic process of City governance, allowing people of diverse backgrounds and views to provide input on legislative and policy matters that impact the community.
Normally, under the Fair Representation Ordinance, most commissions have representatives appointed by each member of the City Council and the Mayor. But there are exceptions to this. Some Commissions, such as the Mental Health Commission and Environment and Climate Commission, have seats appointed by the full Council. For almost all Commissions where each commissioner is appointed by a specific Councilmember, that Councilmember can provide a Leave of Absence (LOA) for their appointee at any time, so long as it happens before the meeting in which the LOA is requested as LOAs are not allowed retroactively. However, for Commissioners appointed by the Council as a whole, they must seek approval from the entire Council for a LOA.
This process requires the Secretary of the Commission to submit a Council item for approval, a process that takes approximately five weeks. In many cases, a LOA is requested due to illness or a scheduling conflict that can come up suddenly, meaning that they will not be able to get an approved LOA under the current process. A Commissioner is automatically terminated if their miss three consecutive meetings or at least 50% of regular meetings in a six-month period.
The process for a Leave of Absence is defined in Berkeley Municipal Code Section
3.02.030. To ensure that Commissioners appointed by the whole Council who need to
Commissioner Leave of Absence CONSENT CALENDAR
May 21, 2024
request a LOA are able to receive one in a timely manner, it is recommended that this section is updated to allow the Mayor, as President of the Council, to submit a request just like any Councilmember can do for their individual appointees.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.
RATIONALE FOR RECOMMENDATION
This action will simplify the process of obtaining a Leave of Absence, freeing up staff time who otherwise would have to create a Council item, and reduce the likelihood of an automatic termination happening, which in turn will help Commissions operate effectively.
ALTERNATIVE ACTIONS CONSIDERED
An alternative recommendation would be to allow for a Leave of Absence retroactively, but such action would not resolve the tedious process currently in place.
CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
AMENDING BMC SECTION 3.02.030 – LEAVES OF ABSENCE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code 3.02.030 is amended to read as follows:
3.02.030 Leaves of absence.
The following circumstances shall not count as absences for the purposes of Section 3.02.020:
A. A member of a board, commission or committee may be granted a leave of absence not to exceed three months by the appointing Councilmember, the appointing Commission, or the Mayor Council, when the appointment is made by the Council as a whole, and a temporary vacancy shall thereupon exist for the period of such leave of absence. Notice of the leave of absence must be filed with the City Clerk prior to the absence.
1. During the period of such temporary vacancy, the appointing Councilmember, the appointing Commission, or the Council Mayor, when the appointment is made by the Council as a whole, may fill such vacancy by a temporary appointment to said commission; provided, however, that the period of such temporary appointment shall not exceed the period of the temporary vacancy. At the expiration of a leave of absence so granted, the member shall automatically resume full membership on the board, commission or committee.
2. Alternatively, the appointing Councilmember or Mayor may select one of their Alternate Commissioners to serve temporarily as provided for in Section 3.02.030.A.1 when a leave of absence is granted for one of their appointees.
B. Commissioners may request that an absence be excused due to a conflict between the date of a scheduled commission meeting on which the commissioner sits and a religious or cultural holiday. Such a request shall be made in writing on a form provided by the City and submitted to the secretary prior to the meeting for which the commissioner’s absence is to be excused. The request shall not be subject to the approval of the commission but shall be accepted upon request. The secretary shall then excuse that absence and exclude it from the attendance report sent semi-annually to the City Clerk.
The definition of a religious or cultural holiday shall be left to the individual commissioner.
However, the following list may be considered illustrative of the religious and cultural holidays for which a commissioner may seek an excused absence: Al Hijrah New Year, Ash Wednesday, Chinese New Year, Diwali, Easter Sunday, Eid Al Fitr, Eid Al Adha,
Good Friday, Hanukkah, Holi, Kwanzaa, Palm Sunday, Passover, Rosh Hashanah, St.
Patrick’s Day and Yom Kippur.
C. Members of the Police Accountability Board may be granted a leave of absence upon the filing of a notice for leave of absence with the City Clerk by the nominating Councilmember or the Mayor for their nominee. All other conditions and regulations for leaves of absence in this Code and adopted by resolution, that are not inconsistent with the City Charter, shall apply.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Internal
Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]
CONSENT CALENDAR
May 21, 2024
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Budget Referral: Restarting 4 th of July Celebration
RECOMMENDATION
Refer up to $630,000 to the Fiscal Year 2025-2026 Budget Process to be reserved in the City’s General Fund to be used to restart 4th of July Celebrations in 2025.
BACKGROUND
The 4th of July Celebration in Berkeley was an annual event funded by the City and placed on pause since the start of the 2020 COVID-19 pandemic. In the past, celebrations drew crowds of hundreds, bringing opportunities for families, residents, and visitors to safely enjoy a fireworks display along the Berkeley Marina while giving patronage to small businesses and vendors in the West Berkeley area. In the past, the event consisted of a full day of activities including live bands, gourmet food trucks, carnival rides, a petting zoo, and other festivities.
After a four-year hiatus, it is appropriate to reconsider options for restarting the event.
Below is a breakdown of cost projections for four different types of events that can take place for the celebrations. Costs include personnel, administration and operations, and programming and are different based on length of the event and the types of activities sponsored. The Parks and Recreation Department created these five figures based on a proposal to explore replacing a traditional fireworks display with a modern LED drone show, which can bring a state of the art, environmentally & wildlife friendly, and safe alternative to fireworks. If the City decides to go with an option that includes a drone show, staff should source a vendor that fits within the overall budget.1
1. Basic Evening - $430,000: A 4pm-10pm evening only event, with a DJ for music, food trucks, family activities, and a 25-minute LED drone show with 200 drones.
2. Basic Evening Plus Live Music - $490,000: A 4pm-10pm evening only event with the activities above, plus live music and stage.
3. Basic All-Day Event - $530,000: A 12 noon-10pm all-day event with a DJ, food trucks, family activities, and an LED drone show.
1 Individual line item cost projections are based on estimates.
Internal
Budget Referral: Restarting 4th of July Celebration CONSENT CALENDAR May 21, 2024
4. Basic All-Day Event Plus Live Music - $620,000: A 12 noon-10pm all-day event with the activities above, plus live music and stage.
FINANCIAL IMPLICATIONS
$630,000 from the City’s General Fund as part of the 2025/2026 biennial budget process.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.
CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Anthony Rodriguez, Senior Legislative Assistant
Attachments:
1: 2025 4th of July Celebration options and associated costs
Internal
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]
4th of July: Options for 2025
4/16/2024
Cost Categories
4th of July Costs
(1) Basic Evening:
Drones, DJ, Food Trucks
4pm‐10pm
(2) Basic Evening plus
Live Music
4pm‐10pm
(3) Basic All Day Event:
Drones, DJ, Food Trucks
12 noon‐10pm
(4) Basic All Day Event plus
Live Music
12 noon‐10pm
Personnel 98,000 98,000 149,000 149,000
Police Personnel 62,000 62,000 93,000 93,000
Public Works Personnel 11,000 11,000 16,000 16,000
PRW Personnel (Hourly + OT) 25,000 25,000 40,000 40,000 Non‐Personnel ‐ Admin/Ops 88,000 93,000 98,000 103,000 Event Mgmt 10,000 15,000 20,000 25,000
Barricades 5,000 5,000 5,000 5,000
Traffic Services 14,000 14,000 14,000 14,000
Recycling 6,000 6,000 6,000 6,000
All other non‐personnel (indirect costs,
permit fees, signage, etc.) 53,000 53,000 53,000 53,000 Non‐Personnel ‐ Program 242,500 292,500 280,000 360,000 Fireworks ‐‐> Drone Show 160,000 160,000 160,000 160,000 DJ 5,000 5,000 15,000 15,000
Food trucks 2,500 2,500 5,000 5,000
Live Music & Stage 50,000 ‐ 80,000
Family Activities & Supplies 75,000 75,000 100,000 100,000 Total Cost 430,000 490,000 530,000 620,000
Options for 2025
Internal
CONSENT CALENDAR
May 21, 2024
1 TO: Honorable Members of the City Council
FROM: Mayor Jesse Arreguín (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
SUBJECT: Relinquishment of Council Office Budget Funds to the Berkeley Rotary Endowment and Co-Sponsorship of 2024 Taste of Downtown Berkeley Event
RECOMMENDATION
Adopt two resolutions to authorize the co-sponsorship and expenditure of $500 from Mayor Arreguin’s discretionary office budget to the Berkeley Rotary Endowment to support the second annual Taste of Downtown Berkeley event.
BACKGROUND
Berkeley Rotary and the Downtown Berkeley Association are hosting the second annual Taste of Downtown Berkeley event on Sunday, June 9th. The event serves the public good of our community twofold. With 15 participating restaurants, it celebrates our Downtown’s exciting and ever-expanding food scene by inviting people to enjoy diverse local food and drinks. The $60 ticket cost goes directly toward Berkeley Rotary’s community services that support some of our most marginalized community members.
During its successful 2023 pilot, over 200 people attended, raising over $18,000 for the Rotary Club’s community programming, including their health clinic, supportive housing services, and scholarship initiatives. As a sponsor of Taste of Downtown Berkeley, the City will receive recognition at the event, on Berkeley Rotary’s website, and promotional materials.
FINANCIAL IMPLICATIONS
No General Fund impact. $500 is available from Mayor Arreguin’s office budget.
CONTACT
Mayor Jesse Arreguín
[email protected] | 510-981-7100
ATTACHMENTS
1. Resolution co-sponsoring Taste of Downtown Berkeley event
2. Resolution relinquishing funds to Berkeley Rotary Endowment
RESOLUTION NO. ##,###-N.S. CITY SPONSORSHIP OF THE SECOND ANNUAL
TASTE OF DOWNTOWN BERKELEY EVENT AND FUNDRAISER
WHEREAS, the mission of Rotary is to provide service to others, promote integrity, and advance world understanding, goodwill, and peace through its fellowship of business, professional, and community leaders; and
WHEREAS, Berkeley Rotary and the Downtown Berkeley Association will be hosting the second annual Taste of Downtown Berkeley, inviting community members and friends to the enjoy the diverse Downtown Berkeley food scene on Sunday, June 9, while raising money for critical community services, including health clinic services, supportive housing programming, and scholarship initiatives.; and WHEREAS, the Taste of Downtown Berkeley actively promotes local businesses and restaurants by fostering community engaging and enhancing visibility; and WHEREAS, over 200 participants attended last year in 2023, raising $18,000 for Berkeley Rotary’s mutual aid projects.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley hereby co-sponsors the second annual Taste of Downtown Berkeley event, and the event organizers have permission to use the City’s name and logo in the event’s promotional materials and signage naming the City of Berkeley as a co-sponsor solely for the purpose of the City indicating its endorsement of the event.
BE IT FURTHER RESOLVED that this co-sponsorship does not: (1) authorize financial support, whether in the form of fee waivers, a grant or provision of City services for free; (2) constitute the acceptance of any liability, management, or control on the part of the City for or over the Taste of Downtown Berkeley event; or (3) constitute regulatory approval of the event.
Internal
RESOLUTION NO. ##,###-
AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE OFFICE EXPENSE
ACCOUNT OF MAYOR ARREGUIN AND OTHER OFFICES TO SUPPORT
BERKELEY ROTARY’S TATSE OF DOWNTOWN EVENT AND ITS ONGOING
COMMUNITY PROGRAMMING
WHEREAS, the mission of Rotary is to provide service to others, promote integrity, and advance world understanding, goodwill, and peace through its fellowship of business, professional, and community leaders; and
WHEREAS, Berkeley Rotary and the Downtown Berkeley Association will be hosting the second annual Taste of Downtown Berkeley, inviting community members and friends to the enjoy the diverse Downtown Berkeley food scene on Sunday, June 9, while raising money for critical community services, including health clinic services, supportive housing programming, and scholarship initiatives.; and WHEREAS, the Taste of Downtown Berkeley actively promotes local businesses and restaurants by fostering community engaging and enhancing visibility; and WHEREAS, over 200 participants attended last year in 2023, raising $18,000 for Berkeley Rotary’s mutual aid projects.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by Mayor Arreguin’s Office Budget up to $500 and Councilmembers from their office budgets of an amount to be determined by each Councilmember, shall be granted to the Berkeley Rotary Endowment towards first Annual Taste of Downtown Berkeley event and fundraiser with proceeds serving a public good.
Internal
Office of the Mayor
CONSENT CALENDAR
May 21, 2024
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Budget Referral: Berkeley Youth Alternatives Part-Time Garden Assistant
RECOMMENDATION
Refer $31,250 to the Fiscal Year 2025-2026 Budget process for Berkeley Youth Alternatives to hire a part-time Garden Assistant.
BACKGROUND
Since 1992, Berkeley Youth Alternatives (BYA) was able to secure resources from the City of Berkeley and private sources to operate and manage the Bancroft Garden, and also provide job training for at-risk community members. In recent years, funding has been limited, and BYA has not been able to hire a full-time Garden Coordinator or even part-time Garden Assistant to assist with these activities. As a consequence, BYA was able to incorporate the garden programming and stewardship into existing workforce contracts using grants from the County of Alameda and delivering nutrition education.
BYA is requesting assistance from the City to support the funding for a part-time Garden Assistant to join the Community Gardeners team at Bancroft Garden. An allocation $31,250 ($25,000 wages + $6,250 [25% benefits]) would allow a team member to oversee the garden, engage youth in programming and job training, and interface with Community Gardeners to coordinate care and services.
FINANCIAL IMPLICATIONS
$31,250 from the City’s General Fund as part of the 2024/2025 biennial budget process.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable adverse environmental effects associated with the subject of this report. An added Garden Assistant would help with the stewardship of flora and fauna at Bancroft Garden.
CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Anthony Rodriguez, Senior Legislative Assistant
2180 Milvia Street, Floor 5, Berkeley, CA 94704 ● Tel: (510) 981-7130 ● Email: [email protected]
CONSENT CALENDAR
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Ben Bartlett
Subject: Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
RECOMMENDATION:
Adopt a Resolution approving the expenditure of funds, including $500 from Councilmember Bartlett for pre-planning of the Berkeley Juneteenth Festival (organized by Berkeley Juneteenth Association, Inc. 501(c)3), with funds relinquished to the City’s General Fund for this purpose from the discretionary council office budget of Councilmember Bartlett and any other Councilmembers who would like to contribute.
BACKGROUND:
President Lincoln issued his Emancipation Proclamation on January 1st, 1863, but people in bondage in Texas remained unaware of their freedom until 1865, as their captors withheld this information from them. On June 18, 1865 Major General Gordon Granger of the Union Army arrived in Galveston, Texas with 1,800 soldiers on a mission to force the captors to release the people in bondage, whose population had swelled to over a quarter of a million.
The next year, newly-freed people in Texas flooded the streets, celebrating June 19th as their own emancipation day. Local groups kept the Juneteenth tradition alive and, in 1979, the passage of H.B. 1016 made June 19th Black Heritage Day an official Texas holiday. In commemoration of African American culture and traditions, Juneteenth is now celebrated in communities nationwide.
The Berkeley Juneteenth Festival was founded by R.D. Bonds, Bradley Walters, and Sam Dyke, who started the Festival celebration to promote community pride, and bring together South Berkeley businesses and residents in the celebration of a major African American cultural event. The establishment of Berkeley Juneteenth Association, Inc. (BJAI), culminated in the first annual Festival in 1987. Former City Councilmembers Mary Wainwright and the late Maudell Shirek were instrumental in obtaining City sponsorship.
The late Lothario Lotho and Giselle Thomas also dedicated over 25 years.
ENVIRONMENTAL SUSTAINABILITY
No negative impact.
FISCAL IMPACTS OF RECOMMENDATION
No General Fund impact; $500 is available from the discretionary council office budget of Councilmember Ben Bartlett.
2180 Milvia Street, Floor 5, Berkeley, CA 94704 ● Tel: (510) 981-7130 ● Email: [email protected] CONTACT PERSON:
Councilmember Ben Bartlett [email protected]
James Chang [email protected]
Tina R. Posner [email protected]
ATTACHMENT:
1. Resolution
2180 Milvia Street, Floor 5, Berkeley, CA 94704 ● Tel: (510) 981-7130 ● Email: [email protected] RESOLUTION NO. ##,###-N.S.
AUTHORIZE THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE
EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT
TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Councilmembers Bartlett has surplus funds in his office expenditure account; and
WHEREAS, a California non-profit tax-exempt corporation – Berkeley Juneteenth Association, Inc. – will receive the funds; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose: Berkeley Juneteenth Association, Inc. (BJAI) Promotes greater societal cohesiveness and well-being by educating and involving the community-at-large in historical, family, and cultural activities pertaining to people of color; and WHEREAS, BJAI hosts various activities including Black History Month Celebrations and the Berkeley Juneteenth Festival; and
WHEREAS, cultural celebrations are critical to the social and spiritual unity of our community, and are integrated into BJAI events; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their council office budget, of an amount to be determined by each Councilmember, shall be granted to Berkeley Juneteenth Association, Inc.
2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 1 CONSENT CALENDAR
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Ben Bartlett
Subject: Speed Bump Installation on Russell St at King Street (South Berkeley).
RECOMMENDATION:
Refer to the City Manager to analyze the potential for the installation of a speed bump on Russell St. at King St. (South Berkeley), to improve the public space to increase safety for pedestrians, cyclists, and people living with disabilities, while also meeting the needs of public transit and emergency vehicles. The analysis should prioritize speed bump installation that reduces injuries and accidents in the street and creates many benefits for our community. It should also consider other items listed by members of the community.
CURRENT SITUATION:
The intersection at Russell St. and King St. located within District 3, is a regularly crossed street by pedestrians, cyclists, and drivers alike. Right at its corner, Grove Park and Berkeley Public Library are walking-distance away, as well as other service centers in the community. Community members have expressed a shared interest in maintaining the safety and accessibility of this crucial intersection. While it serves as a hub for community activities and services, there is a growing awareness of safety concerns for all road users.
Residents have requested a Traffic Study to be conducted for the intersection at Russel St. and King St. dating as far back as 2022. Their original request was not met and a new request has been submitted for the fiscal year of 2023-2024 as of January 2, 2024.
Funding for a speed bump would meet the goals for the State of California’s “Safe Streets and Roads for All” (SS4A) Program.
Links:
1. PDF from 11/2022, request for traffic calming study (Jessica Liu) https://drive.google.com/file/d/1RFLut2WQ2fs_2tJqWaXhYTcbGEIKgfGE/view?u sp=drive_link
2. PDF from 11/2023, neighbor comment/testimony (Cindi Augsjoost) https://drive.google.com/file/d/1nc0HEt12lsSAnJVaV1ZlZRQiLIACbKDq/view?us p=drive_link
3. PDF from 11/2023, correspondence with Public Works (Jessica Liu) https://drive.google.com/file/d/11G4jDW2iHHX5MVMjESQrMoKnCxMtc91y/view? usp=drive_link
2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 2 4. PDF from 11/2023, neighbor comment/testimony (Sudhir Manandhar) https://drive.google.com/file/d/1aR7y3IVH3I99gh87fO2O4y0iIdse1KdG/view?usp =drive_link
5. PDF from 11/2023, correspondence with Public Works (Loa Ortiz) https://drive.google.com/file/d/1Gt0SNHq6BecFbcgUhkNPANclSWq_1QUx/view ?usp=drive_link
6. PDF from 12/2023, correspondence with Public Works (Jessica Liu) https://drive.google.com/file/d/10rjPLm_n7sQj9oup-
tNcPQ570S673qD2/view?usp=drive_link
7. PDF from 12/2023, correspondence with Police Department (Sutapa Mallik) https://drive.google.com/file/d/1chlrHVlrHfYwFB2568J1_iC0vqGfwug7/view?usp= drive_link
8. Video from 01/2024, showing a blue sports car ignoring the stop sign https://drive.google.com/file/d/1gTpsHHXf89oPsB1pmG8O6DJKmn62lfgg/view?u sp=drive_link
9. Video from 01/31/2024, showing garbage trucks ignoring the stop sign https://drive.google.com/file/d/1tFvLW7wmbzm92B8Ivrdemg1qhkt_OPdX/view?u sp=drive_link
https://drive.google.com/file/d/1Yif0qT6Am9HS540p4zfN-
LIo3UXbrsah/view?usp=drive_link
News articles about south Berkeley hit and run:
- https://www.kron4.com/news/bay-area/7-year-old-trick-or-treater-injured-in- berkeley-hit-and-run/
- https://www.berkeleyside.org/2023/11/17/berkeley-traffic-safety-petition-san- pablo-park-halloween
- https://www.nbcbayarea.com/news/local/east-bay/boy-injured-hit-and-run- halloween-berkeley/3358693/
Original petition: https://www.change.org/p/demanding-traffic-pedestrian-safety- measures-after-halloween-night-s-hit-run
Relevant news article on funding (federal and state):
https://www.cbsnews.com/sanfrancisco/news/road-safety-improvements-coming-to-bay- area-california-with-139-million-in-federal-funding/
BACKGROUND:
Over the past year, more than two vehicle-related accidents have been reported along Russell St. and King St. These incidents not only highlight the immediate need for enhanced safety measures but also underscore the potential long-term impacts on the
2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 3 well-being of residents in District 31. Crime rates are intricately linked to the overall safety of streets 2. Safer streets contribute to a sense of security for residents, acting as a deterrent to criminal activities 3. Conversely, unsafe streets can create an environment conducive to criminal behavior, affecting the overall well-being of the community.
Community members have been corresponding with the City of Berkeley’s Transportation and Public Works Departments since 04/2019, requesting a speed bump. Community members have since submitted two separate petitions for a “Traffic Calming Study” in 2022. Community members have also contacted the Berkeley Police Department for enforcement help.
REVIEW OF EXISTING PLANS, PROGRAMS, POLICIES, AND LAWS
The Vision Zero Action Plan for Berkeley was adopted in 2019 and outlines key priorities and actions to eliminate traffic-related fatalities and severe injuries by 2028.
The plan focuses on collaboration, capacity building, transparency, equity, project planning, and public awareness.4
The Council adopted a Complete Streets Policy in 2013, which intends to create and sustain street designs and repairs. This policy is determined to create a “comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel”5 for all users. This includes pedestrians, persons with disabilities, motorists, bicyclists, users and operators of public transportation, seniors, children, youth, and families.
FISCAL IMPACT:
Staff time and cost associated with the installation of a speed bump.
ENVIRONMENTAL SUSTAINABILITY:
No adverse effects to the environment. Slower traffic and safer street crossings.
RATIONALE FOR RECOMMENDATION:
If the Council is dedicated to ensuring safety in the neighborhoods for all people, they should refer to the implementation of a speed bump at the intersection of Russell St. and King St. The consistent vehicle-related crimes along the intersection can be prevented with further action. The Council must keep their commitment to ensuring the safety of our drivers and pedestrians by preventing future accidents from occurring through the construction of more visible crossing signals.
ALTERNATIVES CONSIDERED
Alternatives include the consideration of other items listed under the petition. The recommendations include the installation of safety features such as speed bumps, 1 https://bpd-transparency-initiative-berkeleypd.hub.arcgis.com/pages/traffic-safety 2 https://bpd-transparency-initiative-berkeleypd.hub.arcgis.com/pages/crimes 3 https://www.huduser.gov/portal/periodicals/em/summer16/highlight2.html 4 https://berkeleyca.gov/sites/default/files/2022-02/Berkeley-Vision-Zero-Action-Plan.pdf 5 https://berkeleyca.gov/sites/default/files/2022-04/Berkeley%20Complete%20Streets%20Policy.pdf
2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 4 enhancements to pedestrian crosswalks, and a comprehensive traffic flow analysis.
CONTACT PERSON
Councilmember Ben Bartlett [email protected] James Chang [email protected]
Tina R. Posner [email protected]
Nikki Paetsch [email protected] Attachment:
1. Request for Traffic Calming Study from November 2022.
2. Safety concern from resident regarding Russel St. and King St. intersection from November 2023.
Attachment 1:
2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 5 Attachment 2:
2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 6
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
PUBLIC HEARING
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Fiscal Years 2025 and 2026 Proposed Budget and Proposed Budget Public Hearing #1
RECOMMENDATION
Accept the Fiscal Years 2025 and 2026 Proposed Biennial Budget for review and consideration by the City Council and final adoption on June 25, 2024 and conduct Public Hearing #1 on the Fiscal Years 2025 and 2026 Proposed Budget.
FISCAL IMPACTS OF RECOMMENDATION
The Proposed Budget reflects planned citywide expenditures for Fiscal Years 2025 and 2026, including General Fund expenditures, and options to fund expenditures through a combination of using anticipated new revenues, fund balance and other strategies.
The fiscal impact is subject to change based on forthcoming Council direction and will be codified with the adoption of the budget on June 25, 2024.
CURRENT SITUATION AND ITS EFFECTS
The Proposed Biennial Budget will include information on proposed revenues and expenditures by funding source; proposed expenditures by City department; proposed staffing levels; an update on the City’s strategic plan priorities and goals; performance measures and the proposed capital improvement program.
Following the presentation on the Proposed Budget, staff requests that the City Council conduct the first public hearing on the budget. Subsequently, the Budget and Finance Policy Committee and City Council will continue discussions regarding the proposed budget prior to adoption on June 25, 2024. The FY 2025 and 2026 Proposed Budget is a Strategic Plan Priority Project, advancing our goal to provide an efficient and financially- health City government.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Actions included in the budget will be developed and implemented in a manner that is consistent with the City’s environmental sustainability goals and requirements.
FY 2025 & 2026 Proposed Budget and Proposed Budget Public Hearing #1 PUBLIC HEARING May 21, 2024
RATIONALE FOR RECOMMENDATION
This recommendation presents the Fiscal Years 2025 and 2026 Proposed Budget to City Council and begins the first of several public hearings pertaining to the budget, leading to adoption on June 25, 2024.
ALTERNATIVE ACTIONS CONSIDERED
No alternative actions have been considered.
CONTACT PERSON
Sharon Friedrichsen, Budget Manager, City Manager’s Office, 981-7000 Attachments:
1: Public Hearing Notice
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
FY 2025 AND FY 2026 PROPOSED BUDGET PUBLIC HEARING #1
The City Manager’s Office is proposing a public hearing for the Fiscal Year 2025 and Fiscal Year 2026 Proposed Budget, which is being presented to the City Council.
The hearing will be held on Tuesday, May 21 2024 at 6:00 p.m. in the School District Board Room, 1231 Addison Street.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of May 9, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
For further information, please contact Sharon Friedrichsen at (510) 981-7000.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.
Posted: May 9, 2024
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 9, 2024.
__________________________________
Mark Numainville, City Clerk
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
PUBLIC HEARING
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Subject: Rescinding and Adopting the Environmental Health Division Fee Schedule
RECOMMENDATION
Conduct a Public Hearing and, upon conclusion, adopt a Resolution rescinding Resolution 69,891-N.S. which established the current Environmental Health fee schedule and adopting a new fee schedule. The new fee schedule keeps all existing fees at the same level and adds four (4) new fees as follows:
1) Compact Mobile Food Operations (CMFO)
2) Short-term / Guest Vendor Operations
3) Host Facility Operations
4) Temporary Food Facility (e.g., food booth) Late Applications These recommended updates to the Environmental Health fee schedule reflect recent changes in State law, allowing the City to come into regulatory compliance with State law and offer more economic opportunities for smaller independent businesses. The new fees will be effective July 1, 2024 until subsequently modified.
SUMMARY
The Environmental Health Division (EHD) recommends updating the fee schedule for the Retail Food Safety Inspection Program, which is administered by EHD. The proposed changes allow the City to come into regulatory compliance with changes in the State law over the past several years. EHD proposes to align the City’s food permit categories with those types of operations currently allowed by the State law, which include the creation of new categories of food facilities outlined below. These changes must be adopted into EHD’s current the fee schedule in order to permit, inspect and charge fees for these new types of facilities. In addition, EHD is also proposing a new fee to help with the influx of “last-minute” permit applications for Temporary Food Facilities by assessing an additional charge for permit applications that are received by EHD within two weeks of a scheduled City-sanctioned, community event.
Published Charges: New Environmental Health Fees Public Hearing May 21, 2024
FISCAL IMPACTS OF RECOMMENDATION
The attached fee schedule (included as Exhibit A) is the same as that adopted in 2021 with the addition of the new categories listed above.
The proposed fees are based on related categories within the current fee schedule and/or the existing hourly fee charged for “demand” services, which is currently $170 per hour. Revenue projections resulting from the proposed new fees are difficult to calculate due to unpredictable retail food industry trends, however, current trends suggest that the fiscal impacts can range anywhere from $2,000 to $5,000 per year in additional General Fund revenue in the FY25 and in subsequent years.
The new proposed fee schedule also includes a fee of $170 as a “late fee” for temporary food booth vendors who submit applications with less than fourteen (14) days prior to the start of a community event. This new fee is intended to serve as an incentive for food vendors to submit their applications well in advance of a scheduled event, and will help to offset additional costs associated with reviewing “last-minute” applications (e.g., overtime costs) street fairs and other community events where temporary food booths are often associated.
The table below summarizes how the proposed fees compare to comparable fees in neighboring jurisdictions.
Summary of Environmental Health Division Proposed Fees Relative to Neighboring Jurisdictions
Environmental
Health
Jurisdiction
1 CMFO
Annual
Permit Fee
1 CMFO
Plan
Review Fee
Guest
Vendor
Permit Fee
Guest
Vendor
Plan
Review Fee
Host Facility
Annual
Permit Fee
Host
Facility
Plan
Review
Fee
2 Late
Application
Submittal
Fee –
Temporary
Event
Booth
City of
Berkeley EH
(proposed)
$131 - $704
(based on
existing
Mobile Food
Facility fees)
$240
(based on 2
hrs @
$170/hr)
$546 $240 (based
on 2 hrs
@$170/hr)
$546 $240
(based on
2 hrs
@$170/hr)
$170
Alameda
County EH
$204 -$500 Hourly @
$174/hr
$522 $174 (hourly
fee)
$408 $174
(hourly fee)
50% of
current
permit fee
($105.50)
Contra Costa
EH
$728 - $896 $398 - $498 No fee
category
No fee
category
$1052 $796 N/A
Santa Clara
County EH
$229 - $560 $580 -
$1015
$169 -
$281
$435
(application
fee)
$508 $435
(application
fee)
N/A
Published Charges: New Environmental Health Fees Public Hearing May 21, 2024
1 Fees range from low-risk (pre-packaged, non-potentially hazardous) to high-risk (potentially hazardous foods)
2 Sacramento County EH imposes a $150 fee for temporary event applications submitted with less than 2 weeks prior to event date
CURRENT SITUATION AND ITS EFFECT
The City currently lacks the ability to approve certain types of food facility operations because the current fee schedule does not account for these new types of operations.
By updating the Environmental Health fee schedule to reflect recent changes in State law, the City is able to offer more options for food service operations to conduct business, and to create more equitable economic opportunities for smaller independent businesses.
Perhaps the most significant new category is the Compact Mobile Food Operations (CMFO) category, which lessens the restrictions for “sidewalk food vendors” to sell food legally, and “decriminalizes” these types of food vending operations that were previously prohibited by state law. Senate Bill 972, passed in 2022, eased some of the regulatory restrictions that applied to more conventional mobile food trucks, and prohibited the application of criminal penalties for operating a CMFO, many of whom are operated by low-income immigrants in the local food economy.
An important distinction between a CMFO and a conventional mobile food truck is that a CMFO is restricted to “limited food preparation”, which means that a CMFO may only offer “cook-to-order” foods and food items which have been pre-cooked or prepared in a permitted food facility, such as a Microenterprise Home Kitchen Operation (MEHKO), or Cottage Food Operation. A conventional mobile food truck may conduct business similar to that of a fixed, brick-and-mortar facility, (which allows for full food preparation).
The Environmental Health Division (EHD) proposes to align the City’s food permit categories with those types of operations currently allowed by the State law. EHD will use existing protocols in evaluating and permitting CMFOs similar to that of the conventional mobile food trucks operations. Adoption of this new category will help ensure regulatory compliance and enforcement of food safety standards by regulating the growing number of sidewalk food vendors under a more formal permit process and will make it easier for CMFOs to comply.
Short-term / Guest Vendor and Host Facility Operations (also known referred to as “pop ups”), have become a popular trend in the food industry, and as of January 1, San Mateo
County EH
$335-892 $841 $199 -
$348 (Pop
Up)
$249 (hourly
fee)
$498 $249
(hourly fee)
N/A
San Francisco
EH
$235 - $943 $353 - $825 $235 (Pop
Up)
$235 (hourly
fee)
$878 - $928 $235 N/A
Published Charges: New Environmental Health Fees Public Hearing May 21, 2024
2019, Assembly Bill 2584 allows a catering operation (e.g., “guest vendor”) to operate at a “host” facility, provided that both the guest vendor and host facility meet minimum requirements for permitting. It is important to note that food facility permits are not issued to individuals, but instead, they are issued to a specific owner/operator at a specified location, and are not transferable. By creating a specific permit category for these situations, EHD can issue short-term permits for “pop up” operations, and provide proper regulatory oversight which is consistent with other food facilities that serve the public. Moreover, EHD will be able recoup costs by charging fees to support the additional review time and inspectional activities associated with the regulation of these types of operations.
EHD also proposes to implement a new fee for any Late Submittal of a temporary food facility permit application. This “late fee” applies to applications that are received less than 2 weeks prior to City-sanctioned special events, like street fairs, and weekend festivals. Applications for these events, many of which focus on food have increased substantially since the height of the pandemic. EHD tends to receive a relatively large number of temporary food booth vendors applications for these events, and are often inundated with last-minute vendor applications. Review of these temporary food booth applications is a very involved, coordinated process, depending on the type of foods being offered.
EHD’s protocol requires a minimum of thirty (30) day lead time in order to properly review applications and issue permits. Because food vendors play such a critical role in attracting large crowds to these types of events, EHD staff are often under a great deal of pressure to review and approve food vendor applications. Often times, food vendor applications are submitted only a few days before an event, putting additional pressure on EHD staff, and often result in the use of overtime to adequately review and permit these last-minute submittals. The intent of this fee is to provide an incentive for food vendors to submit their applications well in advance, and serves to help offset the overtime costs involved in reviewing and approving these last-minute application submittals.
BACKGROUND
The Environmental Health Division administers several local state-mandated public health programs such as the Retail Food Safety Inspection Program, the Public Pool and Spa Inspection Program, and the Tattoo and Body Piercing Registration program, all of which depend primarily upon fees for their operation. In addition, EHD administers or participates in several local programs required by the Berkeley Municipal Code such as the Vector Control Program, the Community Noise Ordinance, Styrofoam Ban, Abandoned Vehicle Abatement Program, Restaurant Stormwater Protection Inspection Program, Sewer Emergency Response Program, and Tobacco Licensing Program (services funded by grants, assessment district proceeds, or City special revenue funds). The Division also provides other inspection services to protect public health, such as the water quality monitoring program for the Aquatic Park. Adjusted from time
Published Charges: New Environmental Health Fees Public Hearing May 21, 2024
to time as needed, the permit and inspection fees are collected from each regulated facility in the City of Berkeley each calendar year and support Environmental Health Division’s staffing costs.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Adopting a fee schedule that includes these additional fee categories will allow the City to permit these new types of food facilities. Furthermore, these new fee categories align with recent changes to State law. Approval of the recommended action will maintain the Fee Schedule for the Environmental Health Division consistent with anticipated revenues in balance with projected program expenses. The previously approved fee is broadly aligned with the range of fees charged by other Bay Area Environmental Health jurisdictions.
ALTERNATIVE ACTIONS CONSIDERED
Staff did not consider other alternative actions, however, if Council chooses not to adopt the proposed fee changes, it would place the City in a difficult position of having to deny an application that is allowed by the State, and businesses may choose other locations to conduct business outside of Berkeley. With regard to the proposed Late Submittal Fee, should Council decide not to approve this fee, staff will continue to work diligently to try to approve Temporary Permit Applications as best they can, but may have to deny applications due to time constraints.
CONTACT PERSON
Ron Torres, Manager of Environmental Health, HHCS (510) 981-5310 Attachments:
1: Resolution
Exhibit A: Fee Schedule for Environmental Health Services 2: Public Hearing Notice
RESOLUTION NO. ##,###-N.S.
FEE SCHEDULE FOR ENVIRONMENTAL HEALTH REGULATION AND
INSPECTIONS EFFECTIVE JULY 1, 2024
WHEREAS, Environmental Health program fees cover cost of permit and inspection services; and
WHEREAS, the present fees for certain specified services, including retail food facilities services, remained unchanged since the adoption of Resolution 69,891-N.S. effective July 1, 2021; and
WHEREAS, California Senate Bill 972 (SB972), chaptered on September 23, 2022, established a new category of food operation called Compact Mobile Food Operation, codified in the California Health & Safety Code §§ 113818, et seq., which is intended to promote economic inclusion while modernizing the California Retail Food Code so that sidewalk food vendors can obtain a permit and join the regulated vending economy; and WHEREAS, California Assembly Bill No. 2524, signed into state law in 2018, became effective on January 1, 2019, establishing a “catering operation” and “host facility” as a food facilities; and
WHEREAS, “Pop up” food operations have become a popular trend in the food industry, and can now be formally permitted under the host facility and guest vendor categories; and
WHEREAS, City-sanctioned special events like street fairs and weekend festivals often draw large crowds and feature a variety of different food vendors; and WHEREAS, Environmental Health staff experience a large influx of “last-minute” food vendor applications just days before a special event, and are often pressured into approving food vendor applications; and
WHEREAS, a “late application fee” could provide more incentive for applicants to submit their applications in a more timely manner; and
WHEREAS, regulated facilities should bear the cost of permitting and inspection services.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution 69,891-N.S.from May 25, 2021 is hereby rescinded.
BE IT FURTHER RESOLVED that the Proposed Annual Fees in the Fee Schedule for Environmental Health Services, attached to this Resolution as Exhibit A, are hereby adopted, until subsequently modified, to cover the costs of regulations and inspections required by the Berkeley Municipal Code and the California Retail Food Code, Health and Safety Code §113700 et seq.
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect on and after July 1, 2024.
EXHIBIT A
Environmental Health Division Fee Schedule
HEALTH AND SANITATION PERMIT AND FEE SCHEDULE
ESTABLISHMENT CURRENT
ANNUAL
FEES
PROPOSED
ANNUAL
FEES
Bed and Breakfast $432 $432
Boarding House $432 $432
Confectionary $245 $245
Food Market-Commissary $355 $355
In Plant or Employee Food Establishment $407 $407
Licensed Health Care $704 $704
MFF (Mobile Food Facility) – Full or Limited Food Prep $704 $704 MFF – Prepackaged Food (TTCS/PHF) $406 $406
MFF – Prepackaged Food (non-TTCS/PHF) $131 $131
Restaurants – Commissary $704 $704
Schools - Public $0 $0
Schools - Private $432 $432
Temporary Food Facility (TFF) – Full or Limited Food Prep at Certified Farmer’s or Flea Markets (annual)
$546 $546
TFF - Prepackaged Food (TTCS/PHF) at Certified Farmer’s or Flea Markets (annual)
$406 $406
TFF - Prepackaged Food (non-TTCS/PHF) at Certified
Farmer’s or Flea Markets (annual)
$182 $182
Certified Farmer’s Market (CFM) Permit $182 $182
Flea Market Event Coordinator for TFF & MFF $182 $182
Vending Machines $52 $52
Pool – Public Spa $182 $182
Pool – Public Swimming Pool $704 $704
Retail Tobacco License $498 $498
Cottage Food Class A $170 $170
Cottage Food Class B $425 $425
Body Art – Facility (Tattoo, Body Piercing, & Perm.
Cosmetic)
$366 $366
Body Art – Practitioner (Tattoo, Body Piercing, & Perm.
Cosmetic)
$85 $85
Microenterprise Home Kitchen Operation (MEHKO) $510 $510 New Compact Mobile Food Operations (CMFO)
Prepackaged Food (non-TTCS/PHF)
N/A $131
New Compact Mobile Food Operations (CMFO)
Prepackaged Food (TTCS/PHF)
N/A $406
New Compact Mobile Food Operations (CMFO) Full or
Limited Food Prep
N/A $704
Short-Term / Guest Vendor Operation $546 $546
Host Facility $546 $546
ESTABLISHMENT ANNUAL FEES -
Current and Proposed Fees
0-
1000
sq. ft.
1001-
2500
sq. ft.
2501-
5000
sq.ft
5001-
7500
sq.ft
Over 7500 sq.
ft.
Bakery $704 $870 $1171 $1461 $1738
Cocktail Lounge $463 $649 $914 $1127 $1516
Food Market $355 $519 $813 $1109 $1409
Food Processing/Catering $519 $704 $980 $1319 $1571
Meat Market $406 $594 $870 $1171 $1461
Meat and Food Market $519 $704 $980 $1280 $1571
Restaurants $704 $870 $1171 $1461 $1738
Current Fees Proposed Fees
DEMAND SERVICES (HOURLY FEES) Fees
Multiple
Day2 Fees
Multiple
Day2
Amplified Sound Permit/Application and
Processing3
$44 $75 $44 $75
Amplified Sound Permit Variance Application and
Processing3
$182 $182 $182 $182
Enforcing Noise Ordinance Permits $182 $182 $182 $182
Enforcing Noise Ordinance at Open Air/Special
Events where Permits Were Issued (Hourly Rate)
$170 $170 $170 $170
Sound Survey (Two Hour Minimum) $340+ $340+
Accelerated Plan Check of Food Facilities (2-Hour
Minimum). Plan review w/in 10 working days at
100% over standard costs.3
$340+ $340+
Plan Check, Remodel (hourly rate of $170 w/2-
hour minimum)
$340+ $340+
Plan Check New Construction (hourly rate with 4-
hour minimum)
$680 $680
Investigation of Food Facility4 (Work or Operation
w/out a Permit)
$182 $182
Food Facility Consultation/Pre-permit Inspection $182 $182 New/Change of Ownership $182 $182
Re-issue of an Annual Permit (Copy)4 $44 $44
Re-opening of a Food Facility Following Non-
Compliance Closure4
$182 $182
Hourly Rate $170 $170 $170 $170
Inspection of Food Service at Fundraisers $182 $182 $182 $182 Inspection/Processing of Temporary Special
Event Food Booth Operation (TTCS/PHF)
$182 $250 $182 $250
Inspection/Processing of Temporary Special
Event Food Booth, Pre-packaged Foods (non-
TTCS/PHF)
$44 $75 $44 $75
Temporary Special Event Coordinator Permit for
two or more vendors
$182 $250 $182 $250
Current Fees Proposed Fees
DEMAND SERVICES (HOURLY FEES) Fees
Multiple
Day2 Fees
Multiple
Day2
Sales and Promotional Sampling of non-
TTCS/PHF Foods at a Temporary Special Event
$44 $75 $44 $75
Sales/Food Demonstration/Promotional Sampling
of Pre-Packaged TTCS/PHF Foods and Beverage
Sampling at a Temporary Special Event (per
event)
$98 $150 $98 $150
Investigation of a Food Facility (Hourly) $182+ $182+
Food Handler Training (Non-certificate, 2-hour
minimum)
$340+ $340+
Food Handler Training Certificate Program $180 $180
Mechanical Ear Piercing Notification $44 $44
Valid Smoking, Noise, and Styrofoam Complaints $182 $182 Property Inspection Fee $182 $182
Administrative Hearing (2-hour minimum) $340+ $340+
Compost Sanitary Requirements $182 $182
Demolition Site Inspection $182 $182
Interdepartmental Service Charges $182 $182
Stormwater Follow-up Inspection $182 $182
Potable Water Sampling $182 $182
Virginia Graeme Baker (VGB) Pool Plan Check (2-
Hour minimum)
$340+ $340+
Greywater or Rain Catch Basin (4-hour minimum) $680+ $680+ Cannabis Facilities Plan Check, Complaints,
Billable Service, Follow-up Inspections (two-hour
minimum)
$340+ $340+
Cannabis Consumption Lounge Plan Review (2-
Hour Minimum)
$340+ $340+
Confirmed Complaint Investigations and For-
Cause Re-inspections of Microenterprise Home
Kitchen Operations (Hourly)
$170 $170
Cannabis Facility Health Operating Permit
Application and Processing Fee
$182 $182
Current Fees Proposed Fees
DEMAND SERVICES (HOURLY FEES) Fees
Multiple
Day2 Fees
Multiple
Day2
Microenterprise Home Kitchen Operation Plan
Check and Application Fee
$182 $182
New Temporary Food Facility Late Application
Submittal Fee (Less than 14 days prior to the
scheduled event)
N/A $170
1City-sponsored Special Event
2Non refundable
3Applicable to MHKO
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
ENVIRONMENTAL HEALTH PERMIT AND FEE SCHEDULE
ADJUSTMENTS
Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:
The Department of Health, Housing and Community Services, Environmental Health Division, is proposing that current fees pursuant to Resolution No. 69,891-N.S. will remain unchanged with the exception of adding new fee categories for Type of Permit Current Fee Proposed Fee
Compact Mobile Food
Operation (CMFO)
N/A $131 - $704
Short-Term / Guest Vendor
Operation
N/A $546
Host Facility Operation N/A $546
Late Application Submittal
Fee
N/A $170
The hearing will be held on, May 21, 2024 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of May 9, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
For further information please contact Ron Torres, Manager of Environmental Health at (510) 981-5310.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.
If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing.
Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.
Published: May 10 and May 17, 2024 – The Berkeley Voice Published pursuant to Government Code Section 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 9, 2024.
Mark Numainville, City Clerk
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
PUBLIC HEARING
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tanya Bustamante, Interim Deputy Director, Health, Housing, and Community Services
Subject: Fee Increase: Senior Center Facility Rental Security Deposit
RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution raising the senior center rental facility's security deposit from $350 to $500, a total increase of $150.
FISCAL IMPACTS OF RECOMMENDATION
An increase in the security deposit fee amount is proposed due to increasing incidents of rentals resulting in damaged and/or unclean conditions, which warrant additional repair and/or cleaning. The repair and cleaning costs often exceed the amount of the current security deposit amount of $350.
The rental security deposit is a separate check submitted by the renter when the rental of a room(s) is confirmed in a senior center facility. The security deposit is refundable, and returned to the renter, upon completion of the rental if the condition of the rented space is deemed acceptable upon completion of a post-event walk thru with a staff person.
CURRENT SITUATION AND ITS EFFECTS
The Berkeley senior centers in the Aging Services Division charge a series of fees pertaining to the rental of those facilities. The security deposit fee is a refundable fee required from the renter. As stated in the rental agreement, if there is no damage to the facility or grounds, no extra cleaning required, and time of use does not exceed the time indicated in the rental agreement, then the security deposit will be returned to the renter.
If there is physical damage to the building, grounds, or its furnishings or equipment, or the time spent at the event exceeded the time indicated in the rental agreement, then the deposit is retained until the cost of repair and/or replacement can be determined and deducted from the deposit.
Fee Increase: Senior Center Facility Rental Security Deposit PUBLIC HEARING May 21, 2024
The security deposit fee increase is in line with the City’s Strategic Plan, as it advances our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.
BACKGROUND
The Berkeley senior centers in the Aging Services Division are available for rental to community members, community-based organizations, and to internal City departments.
The security deposit fee was last amended in July 2011.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no immediate environmental effects associated with the adoption of this fee increase.
RATIONALE FOR RECOMMENDATION
Over the past decade, costs for cleaning, facility and/or equipment repairs or replacements have increased significantly. Facility cleaning and repairs are necessary for the daily operation of these facilities as senior centers. In addition, neighboring senior center facilities have similar security deposit fees: City of Emeryville security deposit fees vary between $165-$1,000 per facility rental; City of Oakland security deposit fee for senior center rentals is $375.
ALTERNATIVE ACTIONS CONSIDERED
The City could continue to charge the current amount for the security deposit, at a deficit for costs of cleaning and repair services. The gap will need to be covered by the General Fund.
CONTACT PERSON
Tanya Bustamante, Interim Deputy Director, HHCS, 510-981-5178 Attachments:
1: Resolution
2: Public Hearing Notice
RESOLUTION NO. ##,###-N.S.
INCREASE OF SENIOR CENTER RENTAL FACILITY SECURITY DEPOSIT WHEREAS, the Berkeley senior centers in the Aging Services Division are available for rental to community members, community-based organizations, and to internal City departments; and
WHEREAS, the Berkeley senior centers in the Aging Services Division charge a series of fees pertaining to the rental of those facilities; and WHEREAS, the security deposit fee is a refundable fee required from the renter; and WHEREAS, the security deposit fee was last amended in July 2011; and WHEREAS, the proposed increase to the security deposit fee will be used to cover increased expenses incurred as a result of physical damage to the building, grounds, or its furnishings or equipment, or the time spent at the event exceeded the time indicated in the rental agreement.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the security deposit fee increase to $500 shall be effective July 1, 2024.
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
SECURITY DEPOSIT FEE INCREASE FOR THE RENTAL OF SENIOR
CENTER FACILITIES
The public may participate in this hearing by remote video or in-person.
Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:
The Department of Health, Housing, and Community Services, Aging Services Division is proposing to increase the refundable security deposit fee, for the rental of City of Berkeley Senior Centers.
Current Fees Proposed Fees
$350.00 $500.00
The hearing will be held on, May 21, 2014 at [6:00 p.m.] in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
For further information, please contact Tanya Bustamante at 510-981-5178.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of May 9, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.
If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing.
Background information concerning this proposal will be available at the City Clerk
Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.
Published: May 10 and May 17, 2024 – The Berkeley Voice Published pursuant to Government Code Section 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 9, 2024.
Mark Numainville, City Clerk
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
PUBLIC HEARING
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation and Waterfront Subject: Selected Sports Field Fee Increases
RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees for select sports field fees; and rescinding Resolution No. 70,869-N.S. and all amendatory resolutions.
FISCAL IMPACTS OF RECOMMENDATION
The proposed increase in fees for sports field rentals for Gabe’s Fields at Harrison Park and Gilman Fields at Tom Bates Regional Sports Complex will generate estimated new revenue of $120,000 per year and will be deposited into the Sports Field Operations Fund (Fund 113) to offset field operating and maintenance costs. Costs have outpaced field rental revenues in the last several years, and without this fee increase, the Sports Field Operations Fund is projected to exhaust reserves in FY25. With the proposed fee increase, the Fund would come back into balance, with an estimated 8% reserve rate, (see table 1). This is lower than the 15% typically recommended, but provides a small buffer for unforeseen costs or impacts to revenue.
Table 1 - Sports Field Operations Fund Forecast, with and without proposed fee increase Category FY25
(without fee
increase)
FY25
(with fee
increase)
Starting Balance $11,885 $11,885
Revenue $293,919* $413,919
Expenditures $317,514 $317,514
Transfer (annual
set-aside for turf
replacement)
$75,000 $75,000
Ending Balance -$86,710 $33,290
Reserve Rate - 8%
*Equivalent to FY24 projected revenue.
CURRENT SITUATION AND ITS EFFECTS
The City periodically reviews all recreation fees in an effort to keep programs and facilities accessible to residents while accounting for increased costs to deliver those services. Fees proposed for sports field rentals at Gabe’s Fields at Harrison Park and Gilman Fields at Tom
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
2 Bates Regional Sports Complex were last increased in 2018, when Council adopted Resolution No. 68,450-N.S.
Since then, costs to maintain and operate those sites have increased, with particularly sharp increases in sports field lighting costs. Electricity costs to power sports field lights increased 73% between FY23 and FY18, due to a combination of rate increases over time and PG&E’s shift to peak pricing for usage between 4pm and 9pm. Other costs to maintain these fields have increased by more than 20% over the same period.
Additionally, these fields are governed by a five-city Joint Powers Agreement (JPA) between Albany, Berkeley, El Cerrito, Emeryville, and Richmond. Per that agreement, at least $75,000/year in field rental revenue is annually transferred out from the Sports Field Operations Fund to the Turf Replacement Fund, to set aside capital funds for the synthetic turf replacement – a project needed every 8-9 years. The synthetic turf was most recently replaced in 2018, and will be due for replacement in 2026-2027.
Without fee increases, those transfers cannot be made, as existing revenue is insufficient to cover FY25 costs and all Sports Field Operations Fund reserves will be exhausted.
City staff developed several fee increase scenarios and discussed with sports field user groups in two meetings in March and April 2024, as well as the JPA meeting in April 2024.
Staff reviewed current City fees, showing that Berkeley had fallen to the lowest or near lowest in the East Bay for field rental fees; and that Berkeley was among the only jurisdictions to not charge higher rates for fields with lights. The proposed fees reflect feedback from user groups, who recommended that light rates be merged into field rental rates during times of day that lights are in operation. Proposed fees also keep youth rates at the middle or low end of neighboring city fees, and adult rates slightly higher but still lower than neighboring cities, (see tables 3-7 below).
To ensure the City can continue to maintain these heavily used sports fields, set aside funds for turf replacement per the JPA agreement, and keep the Sports Field Operations Fund solvent, the following fee increases are proposed, (see table 2). For these fields, resident fees (R) apply to residents of Berkeley, Albany, El Cerrito, Emeryville and Richmond. As with other Recreation fees, non-resident fees (NR) are set 20% higher than resident fees.
Proposed fees would go into effect July 1, 2024.
Table 2 - Current vs. Proposed Fees
Current (Per Hour) Proposed (Per Hour)
ADULTS (Grass) $36.00 (R)/$43.00 (NR) $41.50 (R)/$50.00 (NR) ADULTS (Grass) w/Lights N/A $56.50 (R)/$68.00 (NR)
ADULTS (Synthetic) $45.50 (R)/$54.50 (NR) $52.25 (R)/$62.75 (NR) ADULTS (Synthetic) w/Lights N/A $67.25 (R)/$80.75 (NR)
YOUTH (Grass) $14.50 (R)/$17.50 (NR) $18.00 (R)/$21.50 (NR) YOUTH (Grass) w/Lights N/A $33.00 (R)/$40.00 (NR)
YOUTH (Synthetic) $20.00 (R)/$24.00 (NR) $25.00 (R)/$30.00 (NR) YOUTH (Synthetic) w/Lights N/A $40.00 (R)/$48.00 (NR)
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
3 15% increase in Adult fees for grass field rentals. The proposed increase keeps Berkeley fees consistent with cities like Richmond and San Francisco, and remains 30% lower than Oakland.
Table 3 - Fee Comparison: Grass Fields, Adults, No Lights GRASS - ADULT – No Lights Rate/Hr NR/Hr
Emeryville N/A N/A
Albany $22.00 $34.00
Fremont $24.00 $47.00
Union City $28.00 $33.00
Hayward $30.00 $40.00
Berkeley – Gilman/Harrison - current $36.00 $48.00
Berkeley – other City fields $36.00 $43.00
San Francisco $40.00 $103.00
Richmond $41.00 N/A
Berkeley – Gilman/Harrison – proposed $41.50 $50.00
Oakland $55.00 $60.00
15% increase in Adult fees for synthetic turf field rentals. The proposed increase keeps Berkeley fees consistent with cities like Richmond and San Francisco, and remains 30% lower than Oakland.
Table 4 - Fee Comparison: Synthetic Fields, Adults, No Lights
SYNTHETIC FIELDS - ADULT
No Lights Rate/Hr NR/Hr
Albany USD $32.00 $55.50
Emeryville $34.00 $46.00
San Francisco $40.00 $103.00
Hayward $42.00 $52.00
Berkeley – Gilman/Harrison - current $45.50 $54.50
Richmond $51.00 N/A
Berkeley – Gilman/Harrison - proposed $52.25 $62.75
Union City $64.00 $95.00
Oakland $70.00 $75.00
Fremont $118.00 $223.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
4 24% increase in Youth fees for grass field rentals. The proposed fees align fees with other Berkeley fields at $18/hour, and remain significantly lower than Fremont, Union City, Richmond and San Francisco.
Table 5 - Fee Comparison: Grass Fields, Youth, No Lights
GRASS - YOUTH
No Lights Res/Hr NR/Hr
Albany USD N/A N/A
Emeryville N/A N/A
Oakland (+ $5 per Youth per season) $1.00 $25.00
Hayward $11.00 $40.00
Berkeley - Gilman/Harrison - current $14.50 $17.50
Albany $15.00 $23.00
Berkeley - City fields – current $18.00 $21.50
Berkeley – Gilman/Harrison - proposed $18.00 $21.50
Fremont $24.00 $47.00
Union City $28.00 $33.00
Richmond $28.00 N/A
San Francisco $40.00 $103.00
25% increase in Youth fees for synthetic turf field rentals. This fee increase would continue to keep youth field rental fees for synthetic turf lower than all neighboring cities.
Table 6 - Fee Comparison: Synthetic Fields, Youth, No Lights SYNTHETIC FIELDS - YOUTH - No
Lights Rate/Hr NR/Hr
Berkeley – Gilman/Harrison - current $20.00 $24.00
Berkeley – Gilman/Harrison - proposed $25.00 $30.00
Hayward $26.00 $52.00
Albany USD $32.00 $55.50
Emeryville $34.00 $46.00
Oakland (+ $5 per Youth per season) $40.00 $55.00
San Francisco $40.00 $103.00
Richmond $41.00 N/A
Union City $64.00 $95.00
Fremont $118.00 $223.00
$15/hour light fee merged into field fees during times of day that lights are in operation. The proposed fee would allow Berkeley to join all other neighboring cities
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
5 in applying higher rates for fields with lighting. Some cities incorporate light fees via a surcharge; others blend it into their existing fees. The additional cost for lighting varies across cities from $10/hour to $32.50/hour.
Table 7 – Comparison of Additional Charges for Sports Field Lighting City Add’l Hourly Lighting
Charge (Res)
Notes
Hayward $10 - $27 $10/hr for youth synthetic;
$15/hr for youth grass;
$15/hr for adult synthetic;
$27/hr for adult grass
Albany $14
Berkeley - Gilman/Harrison
– proposed
$15
San Francisco $15
Oakland $15
Emeryville $17
Richmond $21
Fremont $29
Union City $32.50
At Gilman/Harrison fields, based on user feedback, the lighting fees would be incorporated into field rental fees during the following times:
Fall Season (Mid-August – November): 6:00pm – 11:00pm Winter Season (December – February): 4:30pm – 11:00pm Spring Season (March - May): 7:30 pm – 11:00pm
Summer Season (June – Mid-August): 9:00pm – 11:00pm
BACKGROUND
Revenue and expenditures related to these fields are managed out of the Sports Field Operations Fund. The City of Berkeley established this fund, along with a Turf Replacement Fund after 2008, when the five cities comprising the Joint Powers Agreement – Albany, Berkeley, El Cerrito, Emeryville and Richmond – collaborated to develop the sports fields now known as the Tom Bates Regional Sports Complex. The Sports Field Operations Fund was created as a special revenue fund with the expectation that field rental revenue cover costs to maintain the fields. The Turf Replacement Fund was established as reserve fund for annual allocations from the five JPA cities and at least $75,000 in annual field revenues transferred in from the Sports Field Operations Fund.
RATIONALE FOR RECOMMENDATION
The sports fields at Harrison Park and Tom Bates Regional Sports Complex are among the most highly used public fields in the region. Just the two artificial turf fields alone provide up to 300,000 player hours per year, rain or shine, and serve approximately 19,000 youth and adult users. Field rental fees have not been increased since 2018, and fee increases are required to cover field maintenance costs and set aside funds per JPA agreement for synthetic turf replacement.
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
6 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
Scott Ferris, Director, Parks Recreation and Waterfront (PRW), 510-981-6700 Christina Erickson, Deputy Director, PRW, 510-981-6703
Stephanie Chu, Youth and Recreation Services Manager, PRW, 510-981-6707 Attachments:
1. Recreation Fees: Current vs. Proposed
2. Resolution
Exhibit A: Fee Schedule
3. Notice of Public Hearing
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
7 ATTACHMENT 1
Recreation Fee Schedule: Current vs. Proposed*
*New fees or changes to existing fees are highlighted in yellow.
Exhibit A:
Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
I. DIRECTOR'S AUTHORITY TO
IMPLEMENT NEW FEES
The Director of Parks Recreation and
Waterfront, or his/her designee,
reserves the right to establish fees for
new Recreation programs based on
comparison with other municipalities.
Various Various Up to $350
II. FACILITY RENTAL CHARGES
1. Room Rentals - Regular Hours (1
hour minimum); Non-Regular Hours
(2 hour minimum)
James Kenney (JK) Live Oak (LO)
Frances Albrier (FA), Martin Luther King
(MLK)
A. Youth, Senior, Disabled
Regular Hours Hour $41.00
Non-Regular Hours Hour $61.00
B. All Other
Auditorium (FA) & Social Hall (LO)
Regular Hours Hour $67.00
Non-Regular Hours Hour $82.00
Fireside Room (LO), Community
Room (JK)
Regular Hours Hour $52.00
Non-Regular Hours Hour $67.00
Game Room (FA, MLK) Arts & Crafts
Room (FA, JK, LO) Meeting Room
(JK, LO, MLK)
Regular Hours Hour $46.00
Non-Regular Hours Hour $62.00
C. Multi Room Discount
2nd room Rental 25%
discount
3rd room, each additional room Rental 50%
discount
D. Gym Rentals (JK, MLK)
Regular Hours Hour $64.00 $77.00
Non-Regular Hours $75.00 $90.00
E. Filming Fee
Parks and Facilities ½Day $400.00 $400.00
Full Day $800.00 $800.00
F. Surcharges
Table & Chair Set-Up Rental $63.00 $76.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
8 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Kitchen Use Rental $86.00 $103.00
Small Storage Room Month $21.00 $25.00
Large Storage Room Month $31.00 $37.00
Stage Use w/Room Rental Hour $26.00 $31.00
P/A system & staff operation Hour $42.00 $50.00
Cleaning/Damage Deposit All Rentals
(Refundable)
Rental $200.00 $200.00
2. City Athletic Fields
Cedar Rose, Codornices, Glendale -
La Loma, Grove, James Kenney,
Ohlone, San Pablo, Willard, Rosa
Parks, Thousand Oaks
Youth non-profit leagues 2-Hours $36.00 $43.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Maintenance Deposit 40% of fee 40% of fee
Gabe's Fields at Harrison Park,
Natural Turf
Youth non-profit leagues, no lights 2-Hours $29.00 $36.00 $35.00 $43.00 Adults, for-profits, private schools, no
lights
2-Hours $72.00 $83.00 $86.00 $100.00
Youth non-profit leagues, with lights 2-Hours $66.00 $80.00 Adults, for-profits, private schools, with
lights
2-Hours $113.00 $136.00
Gilman Fields, Natural Turf
Youth non-profit leagues, no lights 2-Hours $29.00 $36.00 $35.00 $43.00 Adults, for-profits, private schools, no
lights
2-Hours $72.00 $83.00 $96.00 $100.00
Youth non-profit leagues, with lights 2-Hours $66.00 $80.00 Adults, for-profits, private schools, with
lights
2-Hours $113.00 $136.00
Gilman Fields, Synthetic Turf
Youth non-profit leagues, no lights 2-Hours $40.00 $50.00 $48.00 $60.00 Adults, for-profits, private schools, no
lights
2-Hours $91.00 $104.50 $109.00 $125.50
Youth non-profit leagues, with lights 2-Hours $80.00 $96.00 Adults, for-profits, private schools, with
lights
2-Hours $134.50 $161.50
Sports Field User Fines (Policy
Violations: Applicable to All Athletic
Fields)
Playing on Closed Grass Fields 1st Offense $250.00 $250.00 2nd Offense $500.00 $500.00
Running practices in main goal areas 1st Offense
within 12
months
$50.00
$50.00
2nd Offense
within 12 mo
$100.00 $100.00
3rd Offense
within 12 mo
$200.00 $200.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
9 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Dogs, Alcohol, Trash, Wheeled vehicles Incident $100.00 $100.00 Field Monitor Hourly $25.00 $25.00
Additional Rules (Applicable to all
athletic fields)
Weekday slots used before 3:30pm
throughout the year are discounted
50%
Weekday slots 5:30pm-7:00pm are
charged as full two-hour slot
All other slots are pro-rated in 30 minute
increments
3. Skate Park Rental (only available
AM hours)
A. Morning Hours (includes 2 staff
members) Hour $250.00 $300.00
B. Birthday Party (includes 2 staff
members & lesson) Hour $350.00 $420.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00
4. Tennis Courts
A. Day Use (All Courts): Cedar Rose,
Grove, James Kenney, Live Oak,
Rose Garden, Roy Oakes, San Pablo,
Strawberry Creek, Willard
Adult Hour $7.00 $8.00
Youth, Senior, Disabled Hour $5.00 $6.00
B. Night Use/Lighted Courts: Cedar
Rose, Grove, James Kenney, Live
Oak, San Pablo, Strawberry Creek,
Willard
Adult Hour $10.00 $12.00
Youth, Senior, Disabled Hour $8.00 $10.00
5. Swim Centers (1-hour minimum)
King, West Campus
1-35 people Hour $100.00 $120.00
36-70 people Hour $145.00 $174.00
71-100 people Hour $177.00 $212.00
101-150 people Hour $217.00 $260.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00
6. Picnic Areas (4-hour minimum)
Aquatic Park Area 1 4-hours $50.00 $60.00
Aquatic Park Area 2 4-hours $54.00 $65.00
Cedar Rose Area 1 4-hours $30.00 $40.00
Cedar Rose Area 2 4-hours $36.00 $43.00
Cesar Chavez Area 1 4-hours $50.00 $50.00
Cesar Chavez Area 2 4-hours $220.00 $220.00
Cesar Chavez: Area 3 4-hours $70.00 $70.00
Codornices Park Area 1 4-hours $83.00 $100.00
Codornices Park Area 2 4-hours $66.00 $79.00
Codornices Park Area 4 4-hours $50.00 $60.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
10 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Cragmont Area 1 4-hours $50.00 $60.00
Glendale La Loma Area 1 4-hours $40.00 $48.00
Grove Area 1 4-hours $33.00 $40.00
James Kenney Area 1 4-hours $50.00 $60.00
James Kenney Area 2 4-hours $50.00 $60.00
John Hinkel Area 1 4-hours $40.00 $48.00
King School Area 1 4-hours $33.00 $40.00
Live Oak Park Areas 1 4-hours $66.00 $79.00
Live Oak Park Areas 2 4-hours $66.00 $79.00
Ohlone Park @ McGee Area 1 4-hours $50.00 $60.00
San Pablo Park Area 1 4-hours $33.00 $40.00
San Pablo Park Area 2 4-hours $33.00 $40.00
San Pablo Park Area 3 4-hours $33.00 $40.00
Strawberry Creek Area 1 4-hours $33.00 $40.00
Shorebird Park Areas 1 4-hours $75.00 $75.00
Shorebird Park Areas 2 4-hours $75.00 $75.00
Shorebird Park Area 3 4-hours $45.00 $45.00
Bounce House Permit Per Use $30.00 $36.00
7. Parks & Open Space
(not athletic fields)
A. Special Events
1-99 Participants Day $180.00 $350.00
100-249 Participants Day $270.00 $500.00
250-499 Participants Day $350.00 $700.00
500+ Participants Day $550.00 $1,000.00
Cleaning/Damage Deposit (refundable) Day $700.00 $700.00 Special Events - Additional Days
1-99 Participants Day $170.00 $340.00
100-249 Participants Day $230.00 $460.00
250-499 Participants Day $250.00 $600.00
500+ Participants Day $450.00 $900.00
B. John Hinkel Amphitheater
Day 4-hours $200 $240
Each Additional Hour (after 4 hours) Hour $75 $90
Cleaning/Damage Deposit
(refundable) $500 $500
Camp Day Use Fee
1-50 Participants Day $50.00 $50.00
51-100 Participants Day $100.00 $100.00
101-150 Participants Day $150.00 $150.00
Small Turf Areas in Parks (Ages 8 yrs
& under; Mon-Fri only; Max 3 days
per week)
Ohlone Park, Aquatic Park, James
Kenney Park, Live Oak Park
2-Hours $25.00 $30.00
8. Weddings (4-hour minimum)
A. Rose Garden 4-Hours $1,000.00 $1,200.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
11 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Each Additional Hour (after 4 hours) Hour $170.00 $204.00
8. Cragmont, Live Oak Park, &
John Hinkel (outside areas)
4-Hours $450.00 $540.00
Each Additional Hour (after 4
hours)
Hour $75.00 $90.00
C. Spinnaker Way Vista 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 D. Yacht Club Point 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00
9. Mini-Amphitheater/Outdoor
Classroom (4-hour minimum)
Codornices Park #A1 (Next to Picnic
Site #2) 4-hours $40.00 $48.00
Live Oak Park #A1 4-hours $50.00 $60.00
Shorebird Park #A1 (near Nature
Center Playground) 4-hours $50.00 $50.00
Ill. SWIM CENTER FEES
1. Admissions (Public & Family
Swim, Laps)
Adult (Drop-in) Swim $6.00 $6.00
Adult (10-Swim Card) 10-Swims $51.00 $51.00
Adult (Monthly) Month $73.00 $73.00
Youth, Senior, Disabled (Drop-In) Swim $3.00 $3.00
Youth Senior Disabled (10-Swim Card) 10-Swims $22.00 $22.00 Youth Senior Disabled (Monthly Card) Month $37.00 $37.00
2. Red Cross Swim Sessions
Adult Session $75.00 $90.00
Youth, Senior, Disabled Session $72.00 $84.00
Organized Youth Groups (Residents only)
10-15 participants Session $65.00 -
16-21 participants Session $62.00 -
22-32 participants Session $54.00 -
33-43 participants Session $48.00 -
44-54 participants Session $39.00 -
55+ participants Session $37.00 -
3. Premium Classes
Continuous & Coached Workouts: water
aerobics, parent/tot, stroke technique,
Master Swim
Adult (Drop-in) Swim $7.00 $7.00
Adult (10-Swim Card) 10-Swims $66.00 $66.00
Adult (Monthly) Month $82.00 $82.00
Youth, Senior, Disabled (Drop-In) Swim $5.00 $5.00
Youth Senior Disabled (10-Swim Card) 10-Swims $40.00 $40.00 Youth Senior Disabled (Monthly Card) Session $57.00 $57.00
4. Private Swim Lessons (1/2 hour
session)
Individual (One-on-One) Lesson $30.00 $36.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
12 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Semi-Private Lesson (2 or more
Participants) Lesson $50.00 $60.00
IV. RECREATION PROGRAMS
1. Sports
A. Adult Softball League
4 Game Season Team $320.00 $384.00
8 Game Season Team $640.00 $715.00
10 Game Season Team $800.00 $875.00
8. Adult Basketball League
8 Game Season Team $560.00 $635.00
10 Game Season Team $700.00 $775.00
C. Adult Volleyball League
8 Game Season Team $320.00 $384.00
1O Game Season Team $400.00 $475.00
12 Game Season Team $480.00 $555.00
15 Game Season Team $600.00 $675.00
D. Open Gym Volleyball Drop-In $5.00 $5.00
E. Youth Baseball
Individual Session $51.00 $61.00
F. Youth Hoops League
Individual Session $30.00 $36.00
G. Youth Twilight Basketball
Individual Session $27.00 $32.00
H. Youth Flag Football League
Individual Session $30.00 $36.00
I. Tennis Lessons
Youth Session $73.00 $88.00
Adult Session $107.00 $128.00
J. Skate Park Lessons & Classes
Full Day Session $258.00 $310.00
1/2 Day Camp Session $195.00 $234.00
Park Introduction Session $11.00 $13.00
Trick Clinic Session $11.00 $13.00
Private Lessons Hour $43.00 $52.00
Group Lessons Session $108.00 $130.00
2. Programs at Centers
A. After School Program Registration
Fee (Frances Albrier, James Kenney)
Individual Week $25.00 $30.00
B. Community Center Camp Programs
(Winter, Spring, Summer)
Core 30 hours $101.00 $121.00
AM Extended Care 5 hours $10.00 $12.00
PM Extended Care 15 hours $30.00 $36.00
3. Camp Programs
A. Berkeley Day Camp
Youth Core Program 5-Days $269.00 $323.00
AM Extended Care 5-Davs $57.00 $68.00
PM Extended Care 5-Davs $88.00 $106.00
Counselor-In-Training 10-Davs $217.00 $260.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
13 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Cancelled Reservation
Session
25% of
reservation
not to
exceed $150
25% of
reservation
not to
exceed $150
B. Echo Lake Camp
50 & Better Camp
50 & Better Camp Tent (up to 2
campers)
5-Day $818.00 $981.00
50 & Better Camp Tent (up to 2
campers)
4-Day $650.00 $780.00
50 & Better Camp Tent (up to 2
campers)
Weekend $515.00 $618.00
50 & Better Camp Additional
Camper
1-Day $55.00 $66.00
Counselor-In-Training
Counselor-In-Training 2-Week $448.00 $538.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3
campers)
7-Day $1,843.00 $2,212.00
Full-Week Low-Occupancy Tent 7-Day $1,595.00 $1,914.00 Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $450.00 $540.00 Weekend Standard Tent (up to 3
campers)
4-Day $1,397.00 $1,676.00
Weekend Low-Occupancy Tent 4-Day $1,226.00 $1,471.00
Mid-Week Standard Tent (up to 3
campers)
4-Day $1,210.00 $1,452.00
Mid-Week Low-Occupancy Tent 4-Day $1,062.00 $1,274.00
Additional Camper Fee (1-Day) 1-Day $90.00 $108.00
Additional Camper Fee Session- Based
Daily Rate 1-Day $80.00 $96.00
Day Use Fees
Adult (15+) Day Use 1-Day $108.00 $129.60
Youth (7-14) Day Use 1-Day $72.00 $86.40
Child (3-6) Day Use 1-Day $54.00 $64.80
Group Rental Rates
Adult (15+) 1-Day $85.00 $102.00
Youth (7-14) 1-Day $71.50 $85.80
Child (3-6) 1-Day $52.80 $63.36
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Teachers & Adult Chaperones 1-Day $60.00 $72.00
Youth Participants 1-Day $45.00 $54.00
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $672.00 $806.00
6-Day Program 6-Days $806.00 $967.00
7-Day Program 7-Days $941.00 $1,129.00
Per Day Fee 1-Day $134.00 $161.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
14 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Wedding Rental
Wedding Rental 4-Hours $750.00 $900.00
Wedding Rental - Each Additional Hour
(after 4 hours)
Hour $125.00 $150.00
C. Tuolumne Camp
50 & Better Camp
50 & Better Camp Tent (up to 2
campers)
5-Day $1,008.00 $1,210.00
50 & Better Camp Tent (up to 2
campers)
4-Day $806.00 $967.00
50 & Better Camp Tent (up to 2
campers)
Weekend $605.00 $726.00
50 & Better Camp Additional Camper
per day
1-Day $60.00 $72.00
Leaders in Training (LIT) 1-Week $941.00 $1,129.00
Counselor-In-Training
Counselor-In-Training 2-Week $465.00 $558.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3
campers)
1-Week $2,195.00 $2,633.00
Full-Week Low-Occupancy Tent 1-Week $1,887.00 $2,264.00 Weekend Standard Tent (up to 3
campers)
4-Day $1,664.00 $1,997.00
Weekend Low-Occupancy Tent 4-Day $1,459.00 $1,751.00
Mid-Week Standard Tent (up to 3
campers)
4-Day $1,430.00 $1,716.00
Mid-Week Low Occupancy Tent 4-Day $1,210.00 $1,452.00
Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $525.00 $630.00 Family Camp Day Use Fees
Adult (15+) Day Use 1-Day $135.00 $162.00
Youth (7-14) Day Use 1-Day $90.00 $108.00
Child (3-6) Day Use 1-Day $68.00 $81.60
Additional Camper Fee (1-Day) 1-Day $100.00 $120.00
Additional Camp Session-Based Daily
Rate
1-Day $90.00 $108.00
Group Rental Rates
Adult (15+) 1-Day $110.00 $132.00
Youth (7-14) 1-Day $93.00 $111.60
Child (3-6) 1-Day $78.00 $93.60
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Adult Chaperones 1-Day $75.00 $90.00
Youth Participants 1-Day $56.00 $67.20
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $840.00 $1,008.00
6-Day Program 6-Days $1,008.00 $1,210.00
7-Day Program 7-Days $1,176.00 $1,411.00
Selected Sports Field Fee Increases PUBLIC HEARING
May 21, 2024
15 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Per Day Fee 1-Day $168.00 $202.00
Wedding Rental
Wedding Rental 4-Hours $1,000.00 $1,200.00
Wedding Rental - Each Additional Hour
(after 4 hours) Hour $150.00 $180.00
D. Resident Camp Surcharges
Family Camp Program Deposit
Payment $500 per
registration
$500 per
registration
Late Fee
$75 if
balance
is not paid
by date
specified
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
Changes to Reservation resulting in
reduction in length of stay (30 days or
more before arrival)
Reservation $100.00 $100.00
Cancel Reservation (30 days or more
before arrival)
25% of
reservation
not to
exceed
$150
Cancel Reservation (due to emergency
or illness, with Dr's
excuse)
Reservation No Charge No Charge
4. Waterfront Programs
A. Adventure Playground
Individual Admission (anyone over 1
year old)
Day $1.00 $1.00
Group size 5-10 2-hours $75.00 $75.00
Group size 11-20 2-hours $105.00 $105.00
Group size 21-30 2-hours $150.00 $150.00
Group size 31-40 2-hours $180.00 $180.00
8. Education Programs
Animal Session $200.00 $200.00
Low Tide Session $200.00 $200.00
Research Boat Trip Session $225.00 $225.00
Sail Boat Trip Session $255.00 $255.00
Docent Training Session $65.00 $65.00
Special Program Request Hour $65.00 $65.00
Marine Biology 4-Days $75.00 $75.00
Marine Biology 8-Days $150.00 $150.00
Boating 4-Days $150.00 $150.00
Canoeing 3-Days $55.00 $55.00
ATTACHMENT 2
RESOLUTION NO. ##,###-N.S.
CHANGES TO SELECTED SPORTS FIELD RENTAL FEES; AND RESCINDING RESOLUTION NO. 70,869-N.S
WHEREAS, on May 23, 2023, Council adopted the new Fee Schedule for Recreation Division programs (Resolution No. 70,869- N.S.); and
WHEREAS, the proposed sports field rental fee increases are needed to cover the costs to maintain and operate sports fields at Tom Bates Regional Sports Complex and Harrison Field, and set aside funds for turf replacement per the five-city Joint Powers Agreement between Berkeley, Albany, El Cerrito, Emeryville and Richmond; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the rates and charges set forth in Exhibit A are hereby fixed and established for sports field rentals at Tom Bates Regional Sports Complex and Harrison Field and shall be effective July 1, 2024, unless otherwise noted in Exhibit A.
BE IT FURTHER RESOLVED that Resolution No. 70,869-N.S. and all amendatory resolutions are hereby rescinded effective July 1, 2024.
Exhibit A: Fee Schedule
Exhibit A:
Recreation Fee Schedule
Effective July 1, 2024 (unless otherwise noted below)
Program Area Unit of
Measure Resident Non-Resident
I. DIRECTOR'S AUTHORITY TO IMPLEMENT NEW
FEES
The Director of Parks Recreation and Waterfront, or
his/her designee, reserves the right to establish fees
for new Recreation programs based on comparison
with other municipalities.
Various Various Up to $350
II. FACILITY RENTAL CHARGES
1. Room Rentals - Regular Hours (1 hour
minimum); Non-Regular Hours (2 hour minimum)
James Kenney (JK) Live Oak (LO) Frances Albrier
(FA), Martin Luther King (MLK)
A. Youth, Senior, Disabled
Regular Hours Hour $41.00
Non-Regular Hours Hour $61.00
B. All Other
Auditorium (FA) & Social Hall (LO)
Regular Hours Hour $67.00
Non-Regular Hours Hour $82.00
Fireside Room (LO), Community Room (JK)
Regular Hours Hour $52.00
Non-Regular Hours Hour $67.00
Game Room (FA, MLK) Arts & Crafts Room (FA,
JK, LO) Meeting Room (JK, LO, MLK)
Regular Hours Hour $46.00
Non-Regular Hours Hour $62.00
C. Multi Room Discount
2nd room Rental 25% discount
3rd room, each additional room Rental 50% discount
D. Gym Rentals (JK, MLK)
Regular Hours Hour $64.00 $77.00
Non-Regular Hours $75.00 $90.00
E. Filming Fee
Parks and Facilities ½Day $400.00 $400.00
Full Day $800.00 $800.00
F. Surcharges
Table & Chair Set-Up Rental $63.00 $76.00
Kitchen Use Rental $86.00 $103.00
Small Storage Room Month $21.00 $25.00
Large Storage Room Month $31.00 $37.00
Stage Use w/Room Rental Hour $26.00 $31.00
P/A system & staff operation Hour $42.00 $50.00
Cleaning/Damage Deposit All Rentals (Refundable) Rental $200.00 $200.00
Program Area Unit of
Measure Resident Non-Resident
2. City Athletic Fields
Cedar Rose, Codornices, Glendale - La Loma,
Grove, James Kenney, Ohlone, San Pablo, Willard,
Rosa Parks, Thousand Oaks
Youth non-profit leagues 2-Hours $36.00 $43.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Maintenance Deposit 40% of fee 40% of fee
Gabe's Fields at Harrison Park, Natural Turf
Youth non-profit leagues, no lights 2-Hours $36.00 $43.00 Adults, for-profits, private schools, no lights 2-Hours $83.00 $100.00 Youth non-profit leagues, with lights 2-Hours $66.00 $80.00 Adults, for-profits, private schools, with lights 2-Hours $113.00 $136.00 Gilman Fields, Natural Turf
Youth non-profit leagues, no lights 2-Hours $36.00 $43.00 Adults, for-profits, private schools, no lights 2-Hours $83.00 $100.00 Youth non-profit leagues, with lights 2-Hours $66.00 $80.00 Adults, for-profits, private schools, with lights 2-Hours $113.00 $136.00 Gilman Fields, Synthetic Turf
Youth non-profit leagues, no lights 2-Hours $50.00 $60.00 Adults, for-profits, private schools, no lights 2-Hours $104.50 $125.50 Youth non-profit leagues, with lights 2-Hours $80.00 $96.00 Adults, for-profits, private schools, with lights 2-Hours $134.50 $161.50 Sports Field User Fines (Policy Violations:
Applicable to All Athletic Fields)
Playing on Closed Grass Fields 1st Offense $250.00 $250.00 2nd Offense $500.00 $500.00
Running practices in main goal areas 1st Offense
within 12
months
$50.00 $50.00
2nd Offense
within 12 mo $100.00 $100.00
3rd Offense
within 12 mo $200.00 $200.00
Dogs, Alcohol, Trash, Wheeled vehicles Incident $100.00 $100.00 Field Monitor Hourly $25.00 $25.00
Additional Rules (Applicable to all athletic fields)
Weekday slots used before 3:30pm throughout the
year are discounted
50%
Weekday slots 5:30pm-7:00pm are charged as full
two-hour slot
All other slots are pro-rated in 30 minute increments
3. Skate Park Rental (only available AM hours)
A. Morning Hours
(includes 2 staff members) Hour $250.00 $300.00
B. Birthday Party
(includes 2 staff members & lesson) Hour $350.00 $420.00 Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00
4. Tennis Courts
Program Area Unit of
Measure Resident Non-Resident
A. Day Use (All Courts): Cedar Rose, Grove, James
Kenney, Live Oak, Rose Garden, Roy Oakes, San
Pablo, Strawberry Creek, Willard
Adult Hour $7.00 $8.00
Youth, Senior, Disabled Hour $5.00 $6.00
Program Area Unit of
Measure Resident Non-Resident
B. Night Use/Lighted Courts: Cedar Rose, Grove,
James Kenney, Live Oak, San Pablo, Strawberry
Creek, Willard
Adult Hour $10.00 $12.00
Youth, Senior, Disabled Hour $8.00 $10.00
5. Swim Centers (1-hour minimum) King, West
Campus
1-35 people Hour $100.00 $120.00
36-70 people Hour $145.00 $174.00
71-100 people Hour $177.00 $212.00
101-150 people Hour $217.00 $260.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00
6. Picnic Areas (4-hour minimum)
Aquatic Park Area 1 4-hours $50.00 $60.00
Aquatic Park Area 2 4-hours $54.00 $65.00
Cedar Rose Area 1 4-hours $30.00 $40.00
Cedar Rose Area 2 4-hours $36.00 $43.00
Cesar Chavez Area 1 4-hours $50.00 $50.00
Cesar Chavez Area 2 4-hours $220.00 $220.00
Cesar Chavez: Area 3 4-hours $70.00 $70.00
Codornices Park Area 1 4-hours $83.00 $100.00
Codornices Park Area 2 4-hours $66.00 $79.00
Codornices Park Area 4 4-hours $50.00 $60.00
Cragmont Area 1 4-hours $50.00 $60.00
Glendale La Loma Area 1 4-hours $40.00 $48.00
Grove Area 1 4-hours $33.00 $40.00
James Kenney Area 1 4-hours $50.00 $60.00
James Kenney Area 2 4-hours $50.00 $60.00
John Hinkel Area 1 4-hours $40.00 $48.00
King School Area 1 4-hours $33.00 $40.00
Live Oak Park Areas 1 4-hours $66.00 $79.00
Live Oak Park Areas 2 4-hours $66.00 $79.00
Ohlone Park @ McGee Area 1 4-hours $50.00 $60.00
San Pablo Park Area 1 4-hours $33.00 $40.00
San Pablo Park Area 2 4-hours $33.00 $40.00
San Pablo Park Area 3 4-hours $33.00 $40.00
Strawberry Creek Area 1 4-hours $33.00 $40.00
Shorebird Park Areas 1 4-hours $75.00 $75.00
Shorebird Park Areas 2 4-hours $75.00 $75.00
Shorebird Park Area 3 4-hours $45.00 $45.00
Bounce House Permit Per Use $30.00 $36.00
Program Area Unit of
Measure Resident Non-Resident
7. Parks & Open Space (not athletic fields)
A. Special Events
1-99 Participants Day $180.00 $350.00
100-249 Participants Day $270.00 $500.00
250-499 Participants Day $350.00 $700.00
500+ Participants Day $550.00 $1,000.00
Cleaning/Damage Deposit (refundable) Day $700.00 $700.00 Special Events - Additional Days
1-99 Participants Day $170.00 $340.00
100-249 Participants Day $230.00 $460.00
250-499 Participants Day $250.00 $600.00
500+ Participants Day $450.00 $900.00
B. John Hinkel Amphitheater 4-hours $200 $240
Each Additional Hour (after 4 hours) Hour $75 $90
Cleaning/Damage Deposit (refundable) $500 $500
Camp Day Use Fee
1-50 Participants Day $50.00 $50.00
51-100 Participants Day $100.00 $100.00
101-150 Participants Day $150.00 $150.00
Small Turf Areas in Parks (Ages 8 yrs & under;
Mon-Fri only; Max 3 days per week)
Ohlone Park, Aquatic Park, James Kenney Park, Live
Oak Park 2-Hours $25.00 $30.00
8. Weddings (4-hour minimum)
A. Rose Garden 4-Hours $1,000.00 $1,200.00
Each Additional Hour (after 4 hours) Hour $170.00 $204.00
8. Cragmont, Live Oak Park, &
John Hinkel (outside areas) 4-Hours $450.00 $540.00
Each Additional Hour (after 4
hours) Hour $75.00 $90.00
C. Spinnaker Way Vista 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 D. Yacht Club Point 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00
9. Mini-Amphitheater/Outdoor Classroom (4-hour
minimum)
Codornices Park #A1 (Next to Picnic Site #2) 4-hours $40.00 $48.00 Live Oak Park #A1 4-hours $50.00 $60.00
Shorebird Park #A1 (near Nature Center Playground) 4-hours $50.00 $50.00 Ill. SWIM CENTER FEES
1. Admissions (Public & Family Swim, Laps)
Adult (Drop-in) Swim $6.00 $6.00
Adult (10-Swim Card) 10-Swims $51.00 $51.00
Adult (Monthly) Month $73.00 $73.00
Youth, Senior, Disabled (Drop-In) Swim $3.00 $3.00
Youth Senior Disabled (10-Swim Card) 10-Swims $22.00 $22.00 Youth Senior Disabled (Monthly Card) Month $37.00 $37.00
2. Red Cross Swim Sessions
Adult Session $75.00 $90.00
Program Area Unit of
Measure Resident Non-Resident
Youth, Senior, Disabled Session $72.00 $84.00
Organized Youth Groups (Residents only)
10-15 participants Session $65.00 -
16-21 participants Session $62.00 -
22-32 participants Session $54.00 -
33-43 participants Session $48.00 -
44-54 participants Session $39.00 -
55+ participants Session $37.00 -
3. Premium Classes
Continuous & Coached Workouts: water aerobics,
parent/tot, stroke technique, Master Swim
Adult (Drop-in) Swim $7.00 $7.00
Adult (10-Swim Card) 10-Swims $66.00 $66.00
Adult (Monthly) Month $82.00 $82.00
Youth, Senior, Disabled (Drop-In) Swim $5.00 $5.00
Youth Senior Disabled (10-Swim Card) 10-Swims $40.00 $40.00 Youth Senior Disabled (Monthly Card) Session $57.00 $57.00
4. Private Swim Lessons (1/2 hour session)
Individual (One-on-One) Lesson $30.00 $36.00
Semi-Private Lesson (2 or more Participants) Lesson $50.00 $60.00 IV. RECREATION PROGRAMS
1. Sports
A. Adult Softball League
4 Game Season Team $320.00 $384.00
8 Game Season Team $640.00 $715.00
10 Game Season Team $800.00 $875.00
8. Adult Basketball League
8 Game Season Team $560.00 $635.00
10 Game Season Team $700.00 $775.00
C. Adult Volleyball League
8 Game Season Team $320.00 $384.00
1O Game Season Team $400.00 $475.00
12 Game Season Team $480.00 $555.00
15 Game Season Team $600.00 $675.00
D. Open Gym Volleyball Drop-In $5.00 $5.00
E. Youth Baseball
Individual Session $51.00 $61.00
F. Youth Hoops League
Individual Session $30.00 $36.00
G. Youth Twilight Basketball
Individual Session $27.00 $32.00
H. Youth Flag Football League
Individual Session $30.00 $36.00
I. Tennis Lessons
Youth Session $73.00 $88.00
Adult Session $107.00 $128.00
J. Skate Park Lessons & Classes
Full Day Session $258.00 $310.00
Program Area Unit of
Measure Resident Non-Resident
1/2 Day Camp Session $195.00 $234.00
Park Introduction Session $11.00 $13.00
Trick Clinic Session $11.00 $13.00
Private Lessons Hour $43.00 $52.00
Group Lessons Session $108.00 $130.00
2. Programs at Centers
A. After School Program Registration Fee (Frances
Albrier, James Kenney)
Individual Week $25.00 $30.00
B. Community Center Camp Programs (Winter,
Spring, Summer)
Core 30 hours $101.00 $121.00
AM Extended Care 5 hours $10.00 $12.00
PM Extended Care 15 hours $30.00 $36.00
3. Camp Programs
A. Berkeley Day Camp
Youth Core Program 5-Days $269.00 $323.00
AM Extended Care 5-Davs $57.00 $68.00
PM Extended Care 5-Davs $88.00 $106.00
Counselor-In-Training 10-Davs $217.00 $260.00
Cancelled Reservation
Session
25% of
reservation not to
exceed $150
25% of
reservation not
to exceed $150
B. Echo Lake Camp
50 & Better Camp
50 & Better Camp Tent (up to 2 campers) 5-Day $818.00 $981.00 50 & Better Camp Tent (up to 2
campers) 4-Day $650.00 $780.00
50 & Better Camp Tent (up to 2
campers) Weekend $515.00 $618.00
50 & Better Camp Additional
Camper 1-Day $55.00 $66.00
Counselor-In-Training
Counselor-In-Training 2-Week $448.00 $538.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3 camoers) 7-Day $1,843.00 $2,212.00 Full-Week Low-Occupancy Tent 7-Day $1,595.00 $1,914.00
Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $450.00 $540.00 Weekend Standard Tent (up to 3 campers) 4-Day $1,397.00 $1,676.00 Weekend Low-Occupancy Tent 4-Day $1,226.00 $1,471.00
Mid-Week Standard Tent (up to 3 campers) 4-Day $1,210.00 $1,452.00 Mid-Week Low-Occupancy Tent 4-Day $1,062.00 $1,274.00
Additional Camper Fee (1-Day) 1-Day $90.00 $108.00
Additional Camper Fee Session- Based Daily Rate 1-Day $80.00 $96.00 Day Use Fees
Adult (15+) Day Use 1-Day $108.00 $129.60
Youth (7-14) Day Use 1-Day $72.00 $86.40
Child (3-6) Day Use 1-Day $54.00 $64.80
Group Rental Rates
Program Area Unit of
Measure Resident Non-Resident
Adult (15+) 1-Day $85.00 $102.00
Youth (7-14) 1-Day $71.50 $85.80
Child (3-6) 1-Day $52.80 $63.36
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Teachers & Adult Chaperones 1-Day $60.00 $72.00
Youth Participants 1-Day $45.00 $54.00
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $672.00 $806.00
6-Day Program 6-Days $806.00 $967.00
7-Day Program 7-Days $941.00 $1,129.00
Per Day Fee 1-Day $134.00 $161.00
Wedding Rental
Wedding Rental 4-Hours $750.00 $900.00
Wedding Rental - Each Additional Hour (after 4 hours) Hour $125.00 $150.00 C. Tuolumne Camp
50 & Better Camp
50 & Better Camp Tent (up to 2 campers) 5-Day $1,008.00 $1,210.00 50 & Better Camp Tent (up to 2 campers) 4-Day $806.00 $967.00 50 & Better Camp Tent (up to 2 campers) Weekend $605.00 $726.00 50 & Better Camp Additional Camper per day 1-Day $60.00 $72.00 Leaders in Training (LIT) 1-Week $941.00 $1,129.00
Counselor-In-Training
Counselor-In-Training 2-Week $465.00 $558.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3 campers) 1-Week $2,195.00 $2,633.00 Full-Week Low-Occupancy Tent 1-Week $1,887.00 $2,264.00 Weekend Standard Tent (up to 3 campers) 4-Day $1,664.00 $1,997.00 Weekend Low-Occupancy Tent 4-Day $1,459.00 $1,751.00
Mid-Week Standard Tent (up to 3 campers) 4-Day $1,430.00 $1,716.00 Mid-Week Low Occupancy Tent 4-Day $1,210.00 $1,452.00
Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $525.00 $630.00 Family Camp Day Use Fees
Adult (15+) Day Use 1-Day $135.00 $162.00
Youth (7-14) Day Use 1-Day $90.00 $108.00
Child (3-6) Day Use 1-Day $68.00 $81.60
Additional Camper Fee (1-Day) 1-Day $100.00 $120.00
Additional Camp Session-Based Daily Rate 1-Day $90.00 $108.00 Group Rental Rates
Adult (15+) 1-Day $110.00 $132.00
Youth (7-14) 1-Day $93.00 $111.60
Child (3-6) 1-Day $78.00 $93.60
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Adult Chaperones 1-Day $75.00 $90.00
Program Area Unit of
Measure Resident Non-Resident
Youth Participants 1-Day $56.00 $67.20
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $840.00 $1,008.00
6-Day Program 6-Days $1,008.00 $1,210.00
7-Day Program 7-Days $1,176.00 $1,411.00
Per Day Fee 1-Day $168.00 $202.00
Wedding Rental
Wedding Rental 4-Hours $1,000.00 $1,200.00
Wedding Rental - Each Additional Hour (after 4 hours) Hour $150.00 $180.00 D. Resident Camp Surcharges
Family Camp Program Deposit
Payment
$500 per
registration
$500 per
registration
Late Fee
$75 if balance
is not paid by
date specified
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
Changes to Reservation resulting in reduction in
length of stay (30 days or more before arrival) Reservation $100.00 $100.00 Cancel Reservation (30 days or more before arrival) 25% of reservation not
to exceed
$150
Cancel Reservation (due to emergency or illness, with
Dr's
excuse)
Reservation No Charge No Charge
4. Waterfront Programs
A. Adventure Playground
Individual Admission (anyone over 1 year old) Day $1.00 $1.00 Group size 5-10 2-hours $75.00 $75.00
Group size 11-20 2-hours $105.00 $105.00
Group size 21-30 2-hours $150.00 $150.00
Group size 31-40 2-hours $180.00 $180.00
8. Education Programs
Animal Session $200.00 $200.00
Low Tide Session $200.00 $200.00
Research Boat Trip Session $225.00 $225.00
Sail Boat Trip Session $255.00 $255.00
Docent Training Session $65.00 $65.00
Special Program Request Hour $65.00 $65.00
Marine Biology 4-Days $75.00 $75.00
Marine Biology 8-Days $150.00 $150.00
Boating 4-Days $150.00 $150.00
Canoeing 3-Days $55.00 $55.00
ATTACHMENT 3
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
Parks and Recreation Facility Rental Fee Increases
The public may participate in this hearing by remote video or in-person.
Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:
The Department of Parks, Recreation & Waterfront is proposing to increase selected fees, as contained in the attached Recreation Fee Schedule and excerpted below:
Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Gabe's Fields at Harrison Park,
Natural Turf
Youth non-profit leagues, no
lights
2-Hours $29.00 $36.00 $35.00 $43.00
Adults, for-profits, private
schools, no lights
2-Hours $72.00 $83.00 $86.00 $100.00
Youth non-profit leagues, with
lights
2-Hours $66.00 $80.00
Adults, for-profits, private
schools, with lights
2-Hours $113.00 $136.00
Gilman Fields, Natural Turf
Youth non-profit leagues, no
lights
2-Hours $29.00 $36.00 $35.00 $43.00
Adults, for-profits, private
schools, no lights
2-Hours $72.00 $83.00 $96.00 $100.00
Youth non-profit leagues, with
lights
2-Hours $66.00 $80.00
Adults, for-profits, private
schools, with lights
2-Hours $113.00 $136.00
Gilman Fields, Synthetic Turf
Youth non-profit leagues, no
lights
2-Hours $40.00 $50.00 $48.00 $60.00
Adults, for-profits, private
schools, no lights
2-Hours $91.00 $104.50 $109.00 $125.50
Youth non-profit leagues, with
lights
2-Hours $80.00 $96.00
Adults, for-profits, private
schools, with lights
2-Hours $134.50 $161.50
The hearing will be held on May 21, 2024, at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.
For further information, please contact Steph Chu at 510-981-6707.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of May 9, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record.
If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.
If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing.
Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.
Published: May 10 and May 17, 2024 – The Berkeley Voice Published pursuant to Government Code 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 9, 2024.
Mark Numainville, City Clerk
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
PUBLIC HEARING
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Changes to the Planning Department Fee Schedule
RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution:
1. Approving revisions to the fee schedule for the Planning and Development Department effective July 1, 2024, to increase the hourly rate for staff time in all divisions of the department to $250 per hour, to set fees for the new Building and Safety Division permits and processes, to create a new Land Use Planning application fee and offset those costs through reductions in discretionary permit fees, to increase the annual fees of the Rental Housing Safety Program, and to update various other fee rates and make minor clarifications to the existing fee schedule; and
2. Rescinding Resolution No. 67,985-N.S.
SUMMARY
The proposed Resolution includes fee changes and increases in these areas, discussed in more detail below. See Attachment 2 for the complete proposed new Planning Fee Schedule, with all rates and text changes tracked:
1. Hourly staff time rate: Many Planning fees are based on the hourly costs of staff to deliver services. These rates have been updated on a piecemeal basis by each Planning Division, in some cases not since 2017, and they are currently set at rates between $200 and $230 per hour. The proposed Resolution would set all hourly Planning staff time rates to $250 per hour, and update all fees which are based on hourly rates and multiples thereof.
2. Building and Safety Division: Updates permit filing fee to $62.50 and permit extension fee to $75, last changed in 2015. Creates fees for new Undocumented Accessory Dwelling Unit Amnesty permit, to help legalize existing housing units which may have been created without proper permits. Creates fees for Exterior Elevated Elements (E3) program for safety certification of balconies, staircases and other raised building appurtenances.
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
3. Land Use Planning: Creates a new initial application fee of $500, based on two hours of staff time, for all discretionary Zoning applications such as Administrative Use Permits and Variances, and in turn reduces the fees for each kind of discretionary permit by the same $500 / two hours amount. Updates fee amounts for an applicant’s required ZAB public hearing to cover administrative costs, last changed in 2010. Updates certain other fees by 10% which are not based on hourly staff time and were last changed in 2022.
4. Toxics Management Division: Updates all fees by 15% across-the-board, last changed in 2014.
5. Rental Housing Safety Program (RHSP): Updates per-unit and per-room annual RHSP fees to $60 and $30, respectively, to cover regular proactive safety inspections. Fees last updated in 2021.
FISCAL IMPACTS OF RECOMMENDATION
The recommended increases to fees and hourly staff time rates will generate funds to cover costs which the City incurs for services, for review of development and building permits and related tasks, for RHSP and other resilient building activities, and for safety inspections and oversight from the Toxics Management Division. Collected fees will be deposited into the funds which cover these services, including Fund 621 Permit Service Center, Fund 129 Rental Housing Safety Program, and Fund 622 Unified Program (CUPA).
CURRENT SITUATION AND ITS EFFECTS
Best practice for Planning and Building departments is to maintain a fund balance equivalent to one year’s expenses, to mitigate against the effects of cyclical construction industry trends. Construction goes through upturns and downturns based on national and international economic factors; maintaining a fund balance in reserve helps to cushion the severity of these swings. At current City costs, a full year of Planning and Development Department expenses is roughly $37.4 million in all funds, with $27.6 million of that paid with enterprise funds. As of April 2024, the current cumulative fund balances of Planning’s enterprise funds (largely but not exclusively the Permit Service Center Fund) is about $43 million. While that is a healthy figure, it’s important to note that it includes fees paid for projects whose building plan reviews and inspections will extend for years to come. In other words, the City has already received all the fees it will ever get to cover the future costs of projects that have already broken ground.
While the City of Berkeley has benefited from a particularly long positive construction cycle, since 2017, there are indications that a down cycle has begun. The total valuation of “large” projects ($1 million and up) which submitted for Berkeley building permits in calendar year 2023 was down 30% from 2022. The total valuation of “very large”
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
projects ($4 million and up) submitted in 2023 was down 27% from 2022. In both cases, the cumulative totals of submitted projects with valuations of $1+ million and $4+ million were the lowest Berkeley has seen since 2015, excluding the pandemic-affected 2020 calendar year. 2023 also marked the third straight year of declines of this indicator (again excluding 2020). Planning’s Fiscal Manager is projecting a deficit at the end of FYE24 of $4.4 million in the PSC Fund ($3.7 million for the department as a whole).
At the same time, City costs have increased substantially in the past several years.
Non-personal costs are subject to inflationary pressures, which in the U.S. since 2021 are estimated at 20.1%. City personnel cost increases have even outpaced those inflation levels, led particularly by increased health care expenses. Planning’s budget preparation analysis predicts an operating deficit of $22 million in the two-year FYE25- 26 budget cycle if no fee increases are adopted.
Staff are proposing the following areas of fee increases to be effective July 1, 2024, to help ensure that the cost to deliver Planning’s services is covered by the fees charged.
HOURLY STAFF TIME RATE
The costs of many of the services provided by the Planning and Development Department are based on the amount of time staff spend to provide those services. This ensures that customers are covering the costs of the City to provide these services, while also making sure that the fees do not exceed those City costs. The hourly calculations factor in staff salaries and health care costs, as well as administrative overhead and non-personal expenses, then divide them by the hours of staff service provided, to arrive at a maximum rate each Division could charge to recoup costs.
Hourly rates charged by the different Divisions of the Department have changed at different times, when individual Division costs were no longer being covered by the fees.
The following table shows the current hourly rates for each Division and the last time those rates were updated:
Division Current
Hourly Rate
Last Updated
Building and Safety $200 7/1/2017
Land Use Planning $230 7/1/2022
Toxics Management $210 7/1/2014
Office of Energy and Sustainable
Development
n/a n/a
Department-Wide / Office of the
Director
$200 7/1/2017
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
Planning’s Fiscal Manager analyzed current and project future hourly costs for each full- time equivalent (FTE) staff position and concluded that each division could justify an hourly rate much higher than the proposed $250/hour, based on formulas which account for all 107.64 FTE positions and their respective salary ranges, fringe benefits, and proportional shares of non-personnel expenses and intra-department overhead.
Then those costs are divided by annual hours of service delivery by staff, by division.
Planning staff believe that the $250/hour rate will be sufficient to cover actual service delivery expenses while not imposing an undue burden on project applicants and other customers who receive these services.
The proposed $250 hourly staff time rate in Berkeley is comparable with rates in other nearby jurisdictions. For example, Albany charges $246 per hour, Richmond charges between $230 and $410 per hour, and Oakland charges between $228 and $284 per hour (variations based on types of service, e.g. plan checks, inspections, building counter services).
BUILDING AND SAFETY DIVISION
Besides the hourly rate change, Building and Safety is proposing modest changes to its trade-specific Permit Filing fees (charged on all applications) and Permit Extension fee (upon request from applicants whose Mechanical, Electrical, or Plumbing-only permits would otherwise expire). The Filing fee is currently $22 and was last changed in July 2015. This fee covers the basic cost of administering a new application—taking it in, inputting/uploading documents as needed, and ensuring its routing through the review system. The new rate of $62.50 was set at an estimated one-quarter hour of staff time.
This new rate remains significantly lower than many neighboring jurisdictions including Oakland ($79), Albany ($82), and Richmond ($135). The trade-specific Permit Extension fees have also not changed since July 2015, and are proposed to go from $57 to $75. In both cases, staff believe higher fee rates could be justified, but prefer to keep these at the lowest level possible while still covering City costs, since they apply to every permit applicant regardless of project size. See Attachment 2 for full details.
The Building and Safety fee schedule also establishes fees for two permit types which previously have not been included:
The Undocumented Accessory Dwelling Unit Amnesty permit will begin in January, 2025 (about which staff will communicate to Council in more detail later). In brief, this new permit will provide a path to legalization of existing ADU dwelling units which were created without proper permits at an earlier time. This will fulfill a previous Council referral, aiming to retain existing units of housing while helping ensure they are safe and legal. The fees for this new permit will include an application fee of $250, an initial inspection fee of $250 (to ensure safe conditions), and if needed subsequent re-inspection fees of $250 each, until safe and legal conditions can be confirmed. The Building and Safety Division’s hourly Administrative Services Fee of
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
$250/hour will cover staff time for notarizing and recording Certificates of Compliance when requested by property owners.
The City created its Exterior Elevated Elements (E3) program quickly after the Berkeley balcony collapse tragedy in 2015, and the program has become a model statewide. To date, the City has not charged the owners of properties with three or more units, who must comply every six years (rental buildings) or nine years (condos). In effect, the City has been subsidizing the program costs in the interest of immediate improvements to safety, but this is not sustainable. The proposed fees for $375 every six years for multifamily rental buildings, and $750 every nine years for condominium buildings, will cover program costs for notifying owners of the requirements, tracking compliance, and following up with notices and (when necessary) citations for non-compliant owners. The condominium fee is higher to cover the greater administrative costs of communicating with multiple building owner.
LAND USE PLANNING DIVISION
Most Land Use fees are based on hourly staff time rates, which are discussed above.
Beyond those, staff are proposing a number of other changes to the Land Use part of the Planning Fee Schedule:
Application fee: To date, Land Use has not had a basic application fee, instead including the costs of initial intake and review with the larger time-based costs for each kind of discretionary application: Use Permits and Modifications, Administrative Use Permits, Variances, Condominium Conversion, etc. Most Zoning applications are now received by email, and City practice has been to not charge any fees for an application until the initial 30-day completeness review is completed, and then to charge fees based on the application type. State law, however, now imposes tight initial completeness review timelines on staff for most such applications. As a result, the City has been incurring significant costs under strict state-imposed timeframes, prior to having the ability to recoup any of those expenses. The proposed $500 application fee (set at two hours of staff time) would be assessed as part of initial application submittal. Then, the subsequent fee for each specific application type (Use Permits, AUPs, etc.) is being reduced by the same $500 (two hours) amount, so that this change has no net effect on applicants, but does allow the city to cover its costs for the initial application review. Note: The new application fee does not apply to lower-level application types, such as Zoning Certificates.
ZAB Public Hearings: Many discretionary applications are required by the Zoning Ordinance to be heard by the Zoning Adjustments Board prior to permit issuance.
While some of these costs are included within the permit application fee (notably, the staff time of the assigned project planner), the administrative logistics of a ZAB hearing are not. The current ZAB Public Hearing fee of $1,025 was last updated in 2010. Staff are proposing a new rate of $1,250 to cover administrative
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
staff time for site posting and mailing, meeting materials preparation and distribution, and the costs of the meeting site.
A handful of fees in the Land Use section are not based on hourly staff time rates. These include certain Design Review functions, Mills Act applications, and the Coordinated Sign Design program. These fees were last updated effective July 2022; staff propose an across-the-board 10% increase to keep pace with inflation since then.
Changes with no monetary effect: Staff have also taken this opportunity to refine and clarify elements of the Land Use fee schedule for transparency and ease of application. These changes are also highlighted in red in Attachment 2, and include:
o Renaming the different “Tiers” of AUP applications to mirror the hierarchy commonly used for other Planning Department applications, with Tier 1 the most complex and Tier 3 the least complex.
o Streamlining the Use Permit and Variance application types. o Better defining types of Zoning Certificate reviews to acknowledge the greater number of application types which now qualify for simpler and/or ministerial reviews, including many ADU projects.
o Removing the Landmarks Preservation Commission Public Hearing fee, which was incorrectly added in a prior fee schedule update (no such fee is authorized, and none has ever been charged).
o Relocating the fee for new State-mandated Preliminary Development Applications under SB35 and SB330. This fee was also significantly reduced to reflect actual practice.
TOXICS MANAGEMENT DIVISION
TMD regulates, monitors and inspects a range of activities in Berkeley which involve storage or handling of hazardous materials. In addition to its hourly staff time rate, TMD has non-hourly based fees to cover permits for underground and above-ground storage tanks, hazardous materials response planning, hazardous waste generation and treatment, and site remediation, among other activities. Those fees have not been raised in 10 years, and are proposed here to increase by 15% across-the-board, much lower than the cumulative inflation rate since the last increase. These increases would bring fees in line with the costs incurred by the City to administer the respective services.
RENTAL HOUSING SAFETY PROGRAM
RHSP proactively inspects all rental housing units in the City, and reactively inspects in response to complaints. In addition, owners of every rental unit must self-inspect their units each year and complete a checklist documenting the inspection. RHSP bills rental property owners annually for the costs of these services. Staff proposed increasing the annual fees from $56 to $60 per unit, or from $28 to $30 per room for residential hotels and boarding houses. This proposed 7% fee increase is less than the estimated 20%
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
inflation increase since July 1, 2020, when the current fee was set. The new fee rate will help cover staff costs and other rising program costs.
The work of the Planning and Development Department supports a number of City Strategic Plan goals, including creating affordable housing and housing support services for our most vulnerable community members; creating a resilient, safe, connected, and prepared city; being a global leader in addressing climate change, advancing environmental justice, and protecting the environment; and being a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.
BACKGROUND
The costs of most of the work of the Planning and Development Department is covered through fees collected for services and deposited into dedicated enterprise funds, such as the Rental Housing Safety Program (Fund 129), the Consolidated Unified Program Agency (CUPA, Fund 622), and the largest of these, the Permit Service Center Fund (621), which takes in all Building and Zoning fees. While RHSP and CUPA have always been self-sustaining, through fees charged directly to customers each year, the Permit Service Center Fund balance has varied widely, and has been negative in 12 of the 28 individual years since its creation in 1997, reflective of the cyclical nature of construction. Between 1997 and 2005, the City Council subsidized the PSC fund with General Fund dollars to make up for annual permit revenue shortfalls as needed, but since 2005 the PSC fund has been wholly self-sustaining. The fund maintained a strong positive balance during the upcycle construction activity since 2017, but projects shortfalls in the current two-year budget cycle, for which fee increases are being requested.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Many activities administered and services provided through the Planning and Development Department support City sustainability goals, including green building codes, re-use of building materials and waste diversion, and a broad array of programs to encourage use of building materials with less embodied carbon and cleaner electric building systems.
RATIONALE FOR RECOMMENDATION
Increasing hourly rate fees for services provided by staff will allow the City to recoup its actual costs spent on staff-intensive services, including permit application reviews and building inspections. Increasing the non-hourly fees described in this report will cover the City costs for those services without reducing the timeliness or efficiency of the service delivery.
Changes to the Planning Department Fee Schedule PUBLIC HEARING May 21, 2024
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, (510) 981-7534 Jim Bondi, Associate Management Analyst, Planning and Development Department, (510) 981-7428
Attachments:
1: Resolution
Exhibit A: New Planning Fee Schedule, clean
2: Proposed New Planning Fee schedule, changes tracked
3: Public Hearing Notice
Internal
RESOLUTION NO. ##,###-N.S.
FEES: SERVICES PROVIDED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT
WHEREAS, on May 16, 2017, Resolution No. 67,985-N.S. established fees for development-related services provided by the Planning and Development Department; and
WHEREAS, certain specific fee rates were amended on May 28, 2019 in Resolution No. 68,940-N.S., July 27, 2021 in Resolution No. 69,989-N.S., May 24, 2022 in Resolution No., 70,371-N.S., and November 29, 2022 in Resolution No. 70,621-N.S.; and WHEREAS, the hourly base rate for staff services provided by the Department’s Building and Safety Division has not been increased since 2017, the hourly base rate for staff services provided by the Land Use Planning Division has not been increased since 2022, the hourly base rate for staff services provided by the Toxics Management Division has not been increased since 2014, and the hourly base rate for staff services provided by the Office of the Planning Director and other non-division staff has not been increased since 2017; and
WHEREAS, the current staff time rates for all Planning staff services have not kept up with City costs incurred to deliver services since the previous rate adjustments; and WHEREAS, certain other fees throughout the Planning Department fee schedule which are not based on hourly staff time increments have not kept up with City costs since last adjusted, including building permit application and extension fees, Land Use Planning application fees, Toxics Management Division hazardous materials regulation and oversight fees, and Rental Housing Safety Program per-unit and per-room annual fees; and
WHEREAS, fees have not previously been established for certain permit programs to ensure building safety through Exterior Elevated Elements inspections, and for safe legalization of existing housing units under the Undocumented Accessory Dwelling Unit Amnesty permits; and
WHEREAS, the Council of the City of Berkeley held a public hearing on May 21, 2024 to review the proposed changes to the fee schedule, attached hereto as Exhibit A to this resolution.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that fees for all ervices provided by the Planning and Development Department shall be as set forth in Exhibit A, attached hereto and incorporated herein, with an effective date of July 1, 2024.
Internal
BE IT FURTHER RESOLVED that portions of Resolution No. 67,985-N.S. and all subsequent amendments are hereby rescinded, effective July 1, 2024.
Exhibits:
A: Fee Schedule
Planning and Development Fee Schedule, effective 7/1/24 Page 1
FEE REMARKS
I. FILING FEE - ALL PERMITS 62.50$ Including revisions and deferred submittals, II. BUILDING PERMITS:
Minimum Permit Fee 100.00$ for value of improvements up to $3,000 Building Permit Fee 2.20$ per $100 value of improvements over $3,000 Regular Plan Check Fee (includes over-counter
building, mechanical, electrical, and plumbing permits) 65% of Building, mechanical, electrical, and
plumbing Permit Fee
Plan check revision to plans already plan checked 250.00$ per hour with a minimum of one hour (Hourly plan check does not include review of major re-
design)
Special Accelerated Plan Check Fee Additional 80% of Regular Plan Check Fee Plan check revisions to plans already plan checked
under accelerated procedure
375.00$ per hour with a minimum of one hour (Hourly plan check does not include review of major re-
design)
Fourth and subsequent plan check submittal 250.00$ per hour with a minimum of one hour Title 24: Disabled Access 12% of Building Permit Fee
Title 24: Energy Compliance 12% of Building Permit Fee
Fire Plan Check 7% of Building Permit Fee
Community planning fee for General Plan and Zoning
Ordinance Maintenance
5% of Building Permit Fee
Sustainable development/green building 6% of Building Permit Fee Permit extensions:
1st extension 250.00$
Each additional extension 500.00$
Application extensions:
1st extension 250.00$
2nd and 3rd extension 500.00$
Re-Inspections 250.00$ per hour with minimum of one hour.
Strong Motion Instrumentation (per State) 0.13$ per $1,000 value of improvements for residential properties (Or, as set forth by the
State of California).
Strong Motion Instrumentation (per State) 0.28$ per $1,000 value of improvements for apartments and commercial properties (Or, as
set forth by the State of California).
Building Standards, SB 1473 4.00$ per $100,000 value of improvements for apartments and commercial properties (or, as
set forth by the State of California), with
appropriate fractions thereof.
III SIGN PERMITS
Minimum Permit Fee 100.00$ up to $3,000 value of improvements (signs) Sign Permit Fee 2.20$ per $100 value of improvement over $3,000 Sign Plan Check Fee 65% of Sign Permit fee
Exhibit A
CITY OF BERKELEY
FEE TYPE / DESCRIPTION
PLANNING AND DEVELOPMENT DEPARTMENT FEE SCHEDULE
CHAPTER A - BUILDING & SAFETY
Planning and Development Fee Schedule, effective 7/1/24 Page 2
FEE REMARKSFEE TYPE / DESCRIPTION
IV. HOUSE MOVE PERMITS:
House Move
250.00$ per hour of staff time with a minimum of one hour
V. ELECTRICAL PERMITS:
Minimum Permit Fee 100.00$
Permit Extension 75.00$
A. New Residential Buildings and Additions 15.00$ per each 100 square feet B. Industrial/Commercial Electrical Permit - Large Projects (above $100,000 Value of Electrical Work)
Permit Fee 1% of the Value of Electrical Work C. Itemized Fees:
Service (new or changed) 11.90$ per each 100 Amps Subpanel (new or changed) 11.90$ per each 100 Amps Electrical Meters (new or changed) 7.20$ each
Altering/Changing Wiring 26.10$ each change
Solar/Photovoltaic Panels System 26.10$ per system Branch Circuits 4.80$ each
Fixed Appliance Outlets 11.10$ each
Device Outlets (Receptacle, Switch, Light, Etc.) 2.70$ each Motors 7.10$ up to 10 horsepower (HP) total
Each additional HP 1.90$
Generators 7.20$ up to 10 kilovolt (KV) total
Each additional KV 1.90$
Transformers 4.80$ up to 10 KV total
Each additional KV 1.90$
Signs and Outline Lighting 26.50$ per KV
X-ray Capacitors 26.50$ each
Temporary Power Pole 26.50$ per each 100 Amps
Festoon Lighting 10.00$ each
Electric Vehicle Charging Station $15.90 each
PG&E Service Recheck $11.90 Per each inspection of existing service for release to PG&E
VI. MECHANICAL PERMITS:
Minimum Permit Fee 100.00$
Permit Extension 75.00$
Gas Appliances
Up to two mechanical appliances 13.00$ per appliance Each additional appliance
12.00$
Heating - Furnace/AC (Combination Unit, Central Heat, Central AC, or Heat Pumps) Up to 100,000 BTU 39.70$ per unit
101,000 to 500,000 BTU 54.00$ per unit
Over 500,000 BTU 129.00$ per unit
Gas Piping Extension/Alteration/Repair 12.20$
Gas Meter (new or changed) 13.10$
Each Additional Gas Meter 9.10$
Gas Pipe Outlets 5.60$ each
Gas Pressure Test only 14.10$ per system
Seismic Gas Shutoff Valve 10.00$ each
NOTE: Gas items may be charged on mechanical or plumbing permits, but not both.
NOTE: At applicant's option, all electrical permit fees may be itemized as follows:
Planning and Development Fee Schedule, effective 7/1/24 Page 3
FEE REMARKSFEE TYPE / DESCRIPTION
Hoods
Residential 11.80$ each
Commercial - Type I 129.00$ each
Commercial - Type II 79.70$ each
Vent, Flue or Chimney 13.10$ each
Pre-fabricated Fireplace 79.70$ each
Ducts, Fans, Registers, Dampers 11.90$ each
Air Handling Equipment (including powerheads)
up to 10,000 cfm 26.80$ per unit
over 10,000 cfm 39.90$ per unit
Boilers and Equipment
up to 100,000 BTU 39.90$ per unit
100,000 - 500,000 BTU 54.00$ per unit
over 500,000 BTU 129.00$ per unit
VII. PLUMBING PERMITS:
Minimum Permit Fee 100.00$
Permit Extension 75.00$
A. New Residential Buildings and Additions 15.00$ per each 100 S.F.
NOTE: At applicant's option, all electrical permit fees may be itemized as follows:
B. Itemized Fees:
Water Heater 12.20$ each
Solar Water Heater 12.20$ each
Fixtures (including sanitary drainage and piping) 12.20$ each Sanitary Sewer Lateral 34.00$ each
Subsoil Storm Drainage Piping 34.00$ per system
Removal of Illicit Connections 12.20$ per system
Water or Air Pressure Test 14.10$ per system
Stand Pipe System 129.10$ per system
Water Main, up to 25 Outlets 24.90$
Each Additional Outlet 2.70$
Water Meter 14.40$
Each additional meter 8.40$
Backflow Preventer 12.20$ each
Water Line, up to 25 Outlets 24.90$
Each additional outlet 2.70$
Hydronic Water Piping 24.90$ per system
Lawn Sprinklers System:
One or Two Family Dwellings 39.90$ per system
All other Occupancies 105.70$ per system
Swimming Pool Filtration System 129.10$ per system
Inside Rain Leader - per System 27.40$ per system Gas Piping Extension/Alteration/Repair 12.20$ per system Gas Meter (new or changed) 13.10$
Each additional Gas Meter 9.10$
Gas Pipe Outlets 5.60$ each
Gas Pressure Test Only 14.10$ per system
Seismic Gas Shutoff Valve 10.00$ each
NOTE: Gas items may be charged on mechanical permits, but not both.
Gray Water System:
One or Two Family Dwellings 39.90$ per system
All other Occupancies 105.70$ per system
Nonpotable Rainwater Catchment System:
One or Two Family Dwellings 39.90$ per system
All other Occupancies 105.70$ per system
Planning and Development Fee Schedule, effective 7/1/24 Page 4
FEE REMARKSFEE TYPE / DESCRIPTION
VIII. SEISMIC GAS SHUT-OFF VALVE GROUP
INSTALLATION
50.00$ flat rate per residence. This is a group rate for two or more residences on a block for
coordinated inspection
IX. SOLAR INSTALLATION PERMITS:
Sol
ar Installation Permits Fee covered under electrical, plumbing, mechanical and/or building permit fees
X. INVESTIGATION FEE:
Investigation Fee Equal to and in addition to the permit fee for scope of work performed without a permit
and/or inspections
XI. CODE COMPLIANCE INSPECTIONS (SPECIAL INSPECTION):
Business License Inspections (change of use or
building vacant more than 6 months)
250.00$ per hour of staff time, with minimum of one hour
XII.
Initial Investigation of a complaint No Fee
First Re-inspection of Violations 250.00$
S
econd Re-inspection of Violations 375.00$
Third Re-inspection of Violations 500.00$
Additional Re-inspections 625.00$
Administrative review fee 250.00$ per hour of staff time, with minimum of one hour
XIII.
Weekend Inspection 250.00$ per hour, with a minimum of 4 hours Evening Inspection 250.00$ per hour, with a minimum of 2 hours Certified Access Specialist (CASp) Inspection 250.00$ per hour, with a minimum of one hour XIV. TECHNOLOGY ENHANCEMENT FEE 5% of Building, Electrical, Mechanical, Plumbing, Fire, and Public Works Permit Fees, and other
applications such as ADU Amnesty and E3
programs
XV. UNDOCUMENTED ACCESSORY DWELLING UNIT
AMNESTY PERMIT Filing fee also applies
Amnesty Application Fee $250.00
Initial Inspection Fee $250.00
Amnesty Reinspection Fee $250.00 per hour with minimum of one hour.
XVI. EXTERIOR ELEVATED ELEMENTS (E3) Fi ling fee also applies E3 Multi-Family $375.00
per multifamily rental building with E3 and three
or more units. Billed every six years at time
property owners receive notice of the required
periodic inspection.
E3 Condominium $750.00
per condo building with E3 and three or more
units. Billed every nine years at time property
owners receive notice of the required periodic
inspection.
OTHER INSPECTIONS
CODE VIOLATION INSPECTIONS (VIOLATION OF CITY AND STATE CODES INCLUDING ANTI-BLIGHT ORDINANCE):
Planning and Development Fee Schedule, effective 7/1/24 Page 5
FEE REMARKSFEE TYPE / DESCRIPTION
XVII.
Duplication Fees Amount specified in A.R. 3.8
Pre-submittal Review/Consultation 250.00$ per hour, with a minimum of one hour City Staff Review (For items that require review and which are not otherwise
explicitly covered in Fee Schedule, such as Alternate
Method Applications, Requests for Unreasonable
Hardship Exceptions, Requests for Determinations,
BORP Submittals, etc)
250.00$ per hour, with a minimum of one hour
Staff time required to follow-up on non-compliance 250.00$ per hour, with a minimum of one hour Address Assignment 250.00$ per hour, with a minimum of one hour Inspections for which no fee is specifically indicated 250.00$ per hour, with a minimum of one hour Processing fee for refunds Per BMC
7.20.050
or hourly charges based on time spent, with a
minimum of one hour at staff time rate of $250
Seismic Evaluation Report: Report Review (includes
1 recheck)
$612.00
Administrative Services Fee $250.00
For services provided by administrative staff
outside of plan check or permitting services
charged elsewhere; e.g. processing
documents, recording notices, researching
records
MISCELLANEOUS
Planning and Development Fee Schedule, effective 7/1/24 Page 6
FEE REMARKS
I. 500$
Application fee to cover intake
and initial completeness review:
Assumes 2 hours.
II.
1. 4,500$
Base fee deposit assumes 18
hours. Add $250 per each
additional hour of staff time.
2. 3,500$ Assumes 14 hours
3. 1,500$ Assumes 6 hours
4. 500$ Assumes 2 hours
III.
1. 5,500$
Ba
se fee deposit assumes 22
hours. Add $250 per each
additional hour of staff time.
2. 1,250$ Assumes 5 hours; includes
materials
IV.
1. 5,500$
Base fee deposit assumes 22
hours. Add $250 per each
additional hour of staff time.
2. Tier 2 - Inadvertent Demolition of Residential Structure 9,500$ Base fee deposit assumes 38
hours. Add $250 per each
additional hour of staff time.
3. 500$ Assumes 2 hours
4. 1,250$ Assumes 5 hours including
materials
V.
A. 250$ Assumes 1 hour
1. -$ No fee for continuation of
existing legal use
2. 500$
Assumes 2 hours for
neighborhood notices and
documentation (Plan check is
billed separately, with Building
Permit)
3 Accessory Dwelling Unit Plan Check 250$ Assumes 1 hour for review.
4. 250$ Per hour of staff time
B.
1. 500$ Assumes 2 hours
2. 1,000$ Assumes 4 hours
a 1--19 residential units (Residential and/or Mixed-Use) 500$ As sumes 2 hours b 20+ residential units (Residential and/or Mixed-Use) 1,000$ As sumes 4 hours c Nonresidential building (no residential uses) 1,000$ As sumes 4 hours
3. 500$ Assumes 2 hours
4. 250$ Assumes 1 hour
5. 250$ Assumes 1 hour
6. 125$ Assumes half hour
7. 250$ per hour of staff time
All Zoning Certificate (ZC) reviews (e.g. ZCs for Business License, Home Occupations, and Short- Term Rentals), EXCEPT as noted below:
Business License review - continuation of lawful existing use Additional staff time (work performed beyond the time covered by the fees above) Building Permit review
Project with Administrative Use Permit (including new main buildings) New main buildings (no Administrative Use Permit)
Additions, Tenant Improvements, projects not listed above Accessory Dwelling Unit Plan Check
Landmark review
In-kind Repair/Replacement (e.g. window replacement, dry rot repair, etc.) Fourth and subsequent plan check submittal
Accessory Dwelling Unit Neighborhood Notice
Variance
Tier 1 - All Variances except inadvertent demolitions
Each Additional AUP, UP or Variance in addition to primary application ZAB Public Hearing (per project in addition to permit fees) Zoning Certificate (ministerial permits)
Use Permit (UP) with public hearing
Use Permit
ZAB Public Hearing (per hearing, in addition to permit fees).
CHAPTER B - LAND USE PLANNING
FEE TYPE / DESCRIPTION
Administrative Use Permit (AUP)
Application Fee: AUP, UP, VAR, MOD, DR, LM, Condo Conversion Tier 1 - Most complex projects
Tier 2 - Intermediately complex projects
Tier 3 - Least complex projects
Each Additional AUP required in addition to primary application
Planning and Development Fee Schedule, effective 7/1/24 Page 7
FEE REMARKSFEE TYPE / DESCRIPTION
VI.
1. 1,500$ Assumes 6 hours
2. 3,000$
Base fee deposit assumes 12
hours. Add $250 per additional
hour of staff time.
3. 5,500$
Base fee deposit assumes 22
hours. Add $250 per additional
hour of staff time.
4. 250$ Per hour of staff time
5. Public Hearing (per hearing, in addition to permit fees) 1,250$ Assumes 5 hours incl materials
VII.
A.
1. 6,000$
Base fee Deposit assumes 24
hours. Add $250 per additional
hour of staff time, plus direct
cost for consultants
2. 10,000$
Base fee Deposit assumes 40
hours. Add $250 per additional
hour of staff time, plus direct
cost for consultants
B. 4,000$
Base fee Deposit assumes 16
hours. Add $250 per additional
hour of staff time, plus direct
cost for consultants
C. Notices - NOE, NOD, etc. 1,000$
Assumes 4 hours. Fee
applies when notices are filed
by the City on behalf of the
applicant / City after all
appeals are heard
VIII.
A.
1. 2,000$ Assumes 8 hours
2. 3,000$ Assumes 12 hours
3. 4,000$
Base fee deposit assumes 16
hours. Add $250 per hour for
staff time beyond 16 hours.
4. 500$ Assumes 2 hours
B.
1. 3,000$ Assumes 12 hours
2. 4,000$ Assumes 16 hours
3. 6,000$
Base fee Deposit assumes 24
hours. Add $250 per additional
hour for staff time.
C.
1. 1,375$
2. 1,650$
3. 4,675$
D. Additional Preview (existing fee, relocated from Sec. VII.B above) 550$ E. Modifications - DRC Projects 1,000$
F. DRC Public Hearing (per hearing, in addition to permit fees) 1,250$ Assumes 5 hours, includes materials
Project valued under $50,000
Project valued at $50,000 - $150,000
Project valued over $150,000
Signs/Awnings
Design Review Committee
Project valued under $50,000
Project valued at $50,000 to $2,000,000
Project valued over $2,000,000
Final Review with the DRC
Mitigation Monitoring
Design Review
Administrative Design Review
Project valued under $50,000
Project valued at $50,000 to $2,000,000
Project valued over $2,000,000
Use Permit Modification (ZAB Review - Exercised Permit) Transfer of Administrative Use Permit / Use Permit
Environmental Review
California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) Initial Study resulting in a Negative Declaration or Mitigated Negative Declaration Environmental Impact Report (EIR)
Administrative Use Permit Modification (to existing AUP, or modification to UP allowed with an AUP)
Use Permit Modification (ZAB Review - Permit not exercised) Modification / Transfer
Planning and Development Fee Schedule, effective 7/1/24 Page 8
FEE REMARKSFEE TYPE / DESCRIPTION
IX.
A.
1. 50$
As set by the Landmarks
Preservation Ordinance. BMC
3.24.340.A
2. 100$
As set by the Landmarks
Preservation Ordinance, BMC
3.24.340.B
B.
1. 2,200$
2. 3,300$
3. 6,000$
Base fee Deposit assumes 24
hours. Add $250 per additional
hour for staff time.
C. 1,100$
D. 1,320$
E. 4,620$
F.
1. 2,750$
2. 2,750$
X.
A. 500$
B. 200$
C. 1,500$
D. 500$
E. 4,000$ Assumes 16 hours
F. 6,000$ Assumes 24 hours
G. 500$
H. 4,000$ Assumes 16 hours
I. 500$
J. Fee Waived
XI.
A. 10,000$
B. 10,000$
C. 10,000$
D. 10,000$
XII.
A. 125$ per unit
B. 4,000$ Assumes 16 hours
C. 6,000$
Base fee Deposit assumes 24
hours. Add $250 per additional
hour for staff time.
D. 10,000$
Base fee Deposit assumes 40
hours. Add $250 per additional
hour for staff time.
E. 4,000$ Assumes 16 hours
F. 6,000$ Assumes 24 hours
G. 4,000$ Assumes 16 hours
Base fee Deposit assumes 40
hours. Add $250 per additional
hour for staff time, plus direct
cost for consultants
Specific Plan Amendment
Rezoning / Reclassification Request
Wat
erfront Master Development Plan Permit
CONDOMINIUM
Rent Board Review
Notice of Local Law Compliance
Conversion to Condominiums - one to four units
Conversion to Condominiums - five or more units
Appeal of an Administrative Determination on Conversion of a TIC to the Planning Commission by an Applicant
Appeal of Planning Commission Determination on Conversion to the City Council by an Applicant Appeal of Planning Commission Determination on Conversion to the City Council by a Non- Applicant
Appeal of DRSL or DRC by Non-Applicant
Appeal of DRSL or DRC by Applicant
Non-Applicant Appeals of all affordable housing projects (defined as projects which provide 50% or more affordable units for households at 80% or less of Area Median Income) Appeal to address processing error by staff
Plan Amendments, Reclassification Requests, and Waterfront Master Development Plan permits* General Plan Amendment
Non-Applicant Appeal of AUP
Reduced Non-Applicant Appeal of AUP: Fee reduced if signed by persons who lease or own at least 35 percent of the parcels or dwelling units within 300 feet of the project site, or at least 20 such persons (not including dependent children), whichever is less
Non-Applicant Appeals of ZAB or LPC
Reduced Non-Applicant Appeals of ZAB or LPC: Fee reduced if appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less Appeal of AUP by Applicants
Appeal of ZAB or LPC by Applicants
Demolition Review (non-residential structures 40 or more years old as required under Section 23C.08.050C of the Zoning Ordinance)
Mills Act Historical Contract Processing - payable upon application (one-time payment) Mills Act Historical Contract Monitoring
Payable upon application to cover 5 contract years
Assessed at the beginning of each subsequent 5 years
Appeals
District
Design Review - Structural Alteration (non-residential only) Project valued under $50,000
Project valued between $50,001 and $1,999,999
Project valued at $2,000,000 or more
Design Review - Signs and Awnings
Landmarks Preservation Commission Review
Initiation
Structure
Planning and Development Fee Schedule, effective 7/1/24 Page 9
FEE REMARKSFEE TYPE / DESCRIPTION
XIII.
A. 100% of applicable fee(s)
B.
1. 250$
2. 375$
3. 500$
C.
Amount
specified per
A. R. 3.8
D.
Amount
specified per
A. R. 3.8
E. $ 36.00
F.
Amount
specified per
A. R. 3.8
G.
Amount
specified per
A.R. 3.8
H. 55$ per application
I. 250$ per hour, 2 hour min.
J. 250$ per hour of staff time
K. 250$ per hour, 2 hour min.
L. 250$ per hour, 1 hour min., plus
consultant costs
M. 250$ per hour of staff time
N.
1. 1,000$ Assumes 4 hours
2. 4,000$ Assumes 16 hours
3 1,000$
Base fee Deposit assumes 4
hours. Add $250 per additional
hour for staff time, plus other
cost recovery as expended
O. At cost
P. 15%
Sur
charge on all Applications
for AUP, UP, Modification
and/or Variance.
Q 2,217$
Sign program to cover multiple
signs in one building or
development
SB35, SB330, other Preliminary Development application reviews as required by State law NOTE: The minimum deposits listed are intended to reflect typical project costs. Progress billings will be made during review of a project if charges exceed the deposit: prompt payment of bills will assure continued project review. Failure to remit a progress payment within the appropriate time frame as determined by the Director of Planning and Development or his/her designee, will be treated as a withdrawal without prejudice to the underlying proposal. All fees are required to be paid prior to scheduling the item for Council consideration.
Dedicated Project Review: In addition to all required fees, applicants may request (or the City may require) dedicated project review in which the applicant pays the City for staff overtime or to contract with a consulting firm with particular relevant expertise to review the application. In such instances, the applicant shall remit a deposit equal to the total amount of the contract, based on the bids received by the City pursuant to its purchasing procedures. Progress billings will be made if charges are expected to exceed deposit; prompt payment of bills will assure continued project review. Failure to remit a progress payment within an appropriate time frame, as determined by the Director of Planning and Development or his/her designee, will be treated as a withdrawal without prejudice to the underlying proposal.
Community Planning Fee for General Plan and Zoning Ordinance Maintenance Coordinated Sign Design Program Fee
Zoning Research
Oak Tree Review
Use Permit Monitoring
Pre-application Reviews
Staff level review
Zoning Adjustments Board / Design Review Committee / Landmarks Preservation Commission / Planning Commission Review (at staff discretion in consultation with the applicant) Maps - large, color
Duplication of Zoning Adjustments Board, Landmarks Preservation Commission, and Design Review Commission meeting recordings
Microfilm Duplication Fee
Records Management Fee
Letters Regarding Status of Properties
Housing Density Bonus Analysis - if separate from other permits Zoning Complaint Re-inspection
First Re-inspection
Second Re-inspection
Third Re-inspection and all inspections thereafter
Agenda Subscriptions and Mailing Fees
Publications and Duplication of Records
Miscellaneous Fees
Penalty for Late Filing (When Zoning Permit, Use Permit or Variance is required for work already performed)
Planning and Development Fee Schedule, effective 7/1/24 Page 10 FEE
1)
a.
b.
2)
a.
b.
c.
d.
1)
2)
3)
1)
Type
A
B
C
D
1 2
3 4
5 >10,000 >100,000 >100,000 D-5 $5,072
550 - 999 5,000 - 24,999 10,000 - 24,999 D-3 $2,717
1,000 - 10,000 25,000 - 100,000 25,000 - 100,000 D-4 $4,046 55 - 275 200 - 999 500 - 999 D-1 $665
276 - 549 1,000 - 4,999 1,000 - 9,999 D-2 $1,328
Gallons Cu. Ft. Lbs. C-5 $4,347
>50 C-1 $544
C-2 $1,087
Table 2. AGGREGATE MAXIMUM QUANTITY OF HAZARDOUS
MATERIALS ON SITE
C-3 $2,234
C-4
11 - 25 B-4 $2,717
26 - 50 B-5 $3,864
$3,381
Range B-2 $906
1 - 10 B-3 $1,811
A-3 $1,389
A-4 $2,053
Table 1. TOTAL NUMBER OF HAZARDOUS MATERIALS ON
SITE
A-5 $3,381
B-1 $483
Annual Fees - Hazardous Materials Release Response Plans (HMRRP) and Inventory Registration. Fees are based on total number of hazardous materials present (Table 1) and aggregate quantity of hazardous materials (Table 2).
NOTE: All solids are measured in pounds, liquids in gallons, and gases in cubic feet at Standard Temperature and Pressure (STP).
FEES
A-1 $362
A-2 $725
APSA Annual Fee Per Regulated Facility (≥10,000 gal.) $362 Additional Inspection/Review $250/hour
SECTION 3: Hazardous Materials Business Plan (HMBP) Fees Inspection or Repair/Replacement/Modification $250/hour SECTION 2: Aboveground Petroleum Storage Act (APSA)
APSA Annual Fee Per Regulated Facility (<10,000 gal.) $242 Additional Reviews/Inspections $250/hour
Closure/Removal – Residential – Per Tank $725
Additional Reviews/Inspections $250/hour
Closure/Removal - Business
Base Fee (includes one tank) $1,811
Each Additional Tank $604
First Tank Per Facility $1,811
Each Additional Tank $604
Miscellaneous Fees
Each Additional Tank $845
Chapter C - TOXICS MANAGEMENT DIVISION
Certified Unified Program Agency (CUPA)
Description
SECTION 1: Underground Storage Tanks (USTs) Fees
Annual Operating Permit
New Installation
Base Fee (includes one tank) $4,830
Planning and Development Fee Schedule, effective 7/1/24 Page 11 b.
c.
d.
e.
1)
a.
b.
c.
d.
e
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
1)
2) Actual Cost plus
handling
3)
4)
a.
b.
1)
2)
3)
Program 1 $5,796
Program 2 $11,592
Program 3 $16,181
Third Party Professional Review Actual Cost plus
handling
Staff Participation in Hazardous Operability Study/Review/Oversight/Audit (1-hour min) $250/hour
Regulated Substance Registration fee (Extremely Hazardous) First Boring $242
Each Additional Boring $173
SECTION 6: Risk Management Plan Fees
First Well $483
Each Additional Well $173
Soil Borings (Three (3) feet or greater depth, per BMC 15.12.070.B) Third Party Professional Reviews
Additional Reviews/Inspections $250/hour
Subsurface Investigation Permits:
Monitoring Wells Installation/Destruction
SECTION 5: Site Remediation and Investigation Fees
Report Reviews/Site Visits/Plan Checks $250/hour
Conditionally Exempted Permit Fee $483
Conditionally Authorized Permit Fee $845
Permit by Rule $2,053
>= 4,000 Tons $62,790
Acutely Hazardous Waste (>1 kg./month) Registration fee $483 Hazardous Waste Contingency Plan Review for Treatment, Storage, Disposal Permitted Waste Facilities $250/hour
>= 500 Tons and < 1,000 $24,633
>= 1,000 Tons to <2,000 Tons $35,501
>= 2,000 Tons to < 4,000 Tons $47,817
>= 50 Tons and <125 Tons $7,004
>= 125 Tons to < 250 Tons $8,211
>= 250 Tons to < 500 Tons $15,215
>= 5 Tons and <12 Tons $1,087
>= 12 Tons and <25 Tons $2,294
>= 25 Tons and <50 Tons $4,830
< 55 Gallons per year $242
>= 55 Gallons and <2Tons $299
>= 2 Tons and <5 Tons $362
Facilities subject to HMBP disclosure under BMC Title 15 due to the handling of gases that are classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations only for hazards due to simple asphyxiation or release of pressure, in aggregate quantities <1,000 cubic feet
$242
SECTION 4: Hazardous Waste Generator and Treater Permit and Registration Fees
Annual Fees
Etiological Agent Registration Fee $242
Radiological Materials Registration Fee $242
Lim
ited hazardous materials registration for businesses handling hazardous materials under the BMC Title 15 threshold but must report under Chapter 50 of the California Fire Code $242
Planning and Development Fee Schedule, effective 7/1/24 Page 12 1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
An additional 15%
penalty of the
original billed
amount
12)
13)
14)
15)
SECTION 8: State Surcharge
All applicable state surcharges determined by the State are required to be billed and collected from regulated facilities and remitted to CalEPA quarterly.
After 120 days of initial billing date, assess an additional 15% penalty of the original billed amount.
Penalty for businesses operating without a valid permit Double the Fee Penalty for unpermitted UST installation/removal/modification; well construction, installation, destruction and/or modification Double the Fee Administrative fee for lien processing $250/hour
Universal Waste (relocated from Section 4, above) $250/hour Penalty for Late Filing of Annual HWG Report (charged for every month after deadline) 10% or $50 min. per month
Penalty for nonpayment of fees:
After 60 days of initial billing date, assess a 10% penalty of the billed amount. 10% penalty of the
billed amount
Emergency Response Contractor Actual Cost plus
handling
Emergency Response Materials Actual Cost plus
handling
Penalty for Late Filing of Annual HMBP (charged for every month after deadline) 10% or $50 min. per month
Clerical Staff $140/hour
Permit Service Center Review Fee (1/2 hour minimum) $250/hour Emergency Response and Oversight of Clean-up Activities from Spills and Releases (3- hour minimum) $250/hour
SECTION 7: Miscellaneous Fees
Miscellaneous hourly billing (all others) $250/hour
Copies of Documents A.R. 3.8
Special Accelerated Review Fee, per customer request Additional 80% of Regular Review
Fee
Planning and Development Fee Schedule, effective 7/1/24 Page 13
FEE REMARKS
I.
1. 190.00$ per hour
2. 5,202.00$
3. 8,918.00$
a. 190.00$ per hour
b. 190.00$ per hour
c. 190.00$ per hour
d. 190.00$ per hour
e. 190.00$ per hour
-$
f. 190.00$ per hour
g. 190.00$ per hour
h. 190.00$ per hour
i. 190.00$ per hour
(BMC 2.72.050)
5. 190.00$ per hour
7. 190.00$ per hour
8 Field survey:
Whenever engineering or inspection services are to be performed and fees paid therefore, as herein above provided in subsections 1, 4 and 5, a minimum fee corresponding to one hour of engineering work shall be charged.
6. Engineering work and inspection required for post -construction storm water best management practices
Moving and replacing street monuments, the charge will be the actual cost to the City.
All engineering services in connection with work ordered or authorized by the Council or other work not specifically provided for herein, an hourly fee for office engineering and field inspection will be charged.
Engineering work and inspection required for construction storm water best management practices.
4. Whenever work is caused to be done under Federal, State or local law, whether such work is done under assessment district or improvement plan, public proceedings or private contract, a fee for engineering work and field inspection shall be charged for the following:
Review of plans and specifications other than for sewer.
FEE TYPE / DESCRIPTION
CHAPTER D - ENGINEERING
Engineering Fees
Engineering work required for review or preparation of sewer plans and specifications
Engineering work required in abandonment of easement
Engineering work required in abandonment of streets, paths, walks, steps and similar public ways
Engineering work and inspection required for grading or regarding streets.
Engineering work and inspection required for concrete sidewalks, curbs and gutter.
Engineering work and inspection required for pavement in area of roadway.
Engineering work and inspection required for culverts and drainage.
Engineering work and inspection required for sewers.
Engineering work and inspection required for structures of masonry construction of either brick or concrete.
Planning and Development Fee Schedule, effective 7/1/24 Page 14
FEE REMARKS FEE TY PE / DESCRIPTION
190.00$ per hour/person (4 hours
minimum)
190.00$ per hour/person (4 hours
minimum)
190.00$ per hour/person (4 hours
minimum)
9. No fee
10. Double the fee
(BMC 2.72.050)
II.
A.
2. a. 28.00$ for each ten L.F. or
fraction thereof
b. 28.00$ for each ten L.F. or
fraction thereof
c. 28.00$ for each 100 sq. ft or
fraction thereof
d. 28.00$ per 100 sq. ft or fraction
thereof
(BMC 16.04.110)
B.
1. 2.
Permit - Cash Deposit or Bond in Lieu Required - Conditions When construction is to be performed pursuant to the provisions of this chapter, the sum of $1,376 for each permit shall be deposited with the Department of Planning and Development as a guaranty that all work, including excavation, stockpiling materials, protection and repair of property in the public right-of-way including shrubs, maintenance of pedestrian and vehicular safety and convenience, and cleanup, will be done in a proper and workmanlike manner and in accordance with all City requirements and to the satisfaction of the Director of Public Works or his/her designee.
In lieu of such deposit for each permit, a surety company faithful performance bond in the amount of $11,305 may be filed with the Planning and Development Department. Such bond shall be conditioned that all construction of sidewalks, parking steps, driveway approaches, curbs or curbs and gutters shall be done in a proper and workmanlike manner, and in accordance with all City requirements and to the satisfaction of the Director of Public Works or his/her designee. Any such bond may be conditioned as a continuing bond and not be limited to any particular location in the City. The form of such bond shall be approved by the City Attorney.
Fees - Streets, Sidewalks and Other Public Property
For permits and field inspection, the following fees or charges shall be paid in advance to the Planning and Development Department of the City:
1. Sidewalks
Driveway approach: Same charge as for sidewalks.
Permits: All permits shall be $127 for each such permit issued. All permits issued hereunder shall expire ninety days after issuance and there shall be no refund of the permit charge. In the exercise of his reasonable discretion and for good cause shown, the Director of Public Works or his/her designee may waive or reduce the permit and inspection fees for sidewalk work which is necessitated by the root damage from City owned trees.
Curbing
Curb and Gutter
Field Inspection: The charge for field inspection shall be as follows:
SIDEWALK CONSTRUCTION AND REPAIR
One-person party
Fees and charges provided herein for work performed on Saturdays, Sundays and holidays.
Two-person party
Three-person party
Public consultations or assistance rendered in records examination.
Planning and Development Fee Schedule, effective 7/1/24 Page 15
FEE REMARKS FEE TY PE / DESCRIPTION
3. 4.
III.
A.
1. a.
b.
c.
d.
e.
f.
2. (BMC 17.16.050)
B.
1. 2.
(BMC 17.16.050)
For sewer lateral capping, $190 per hour, two-hour minimum.
For engineering work and inspection involved with mainlines and maintenance holes, $190 per hour, two-hour For any work performed, wholly or in part, without first secured the permit required by provisions of this section, the person firm or corporation having performed such work shall pay a permit fee which shall be five times the permit fee provided by this section, and five times the inspection charge for any month, or any fraction thereof, that the work has been in progress without a permit. All inspection fees shall be doubled for such inspection performed on Saturdays, Sundays and holidays.
Sewer Construction, Cash Deposit or Bond in Lieu of
When a sewer or storm drain is to be installed in the public right-of-way or other public easement, the sum of $1,376 for each permit shall be deposited with the Planning and Development Department as a guaranty that all sewer or storm drain work, including backfill, street paving and cleanup, will be done in a proper and workmanlike manner.
In lieu of such deposit for each permit, a surety company faithful performance bond in the amount of $11,306 may be filed with the Planning and Development Department. Such bond shall be conditioned that all sewer or storm drain work, including backfill, street paving and cleanup shall be done in a proper and workmanlike manner and in accordance with all City requirements and to the satisfaction of the Director of Public Works or his/her designee.
Sewer and Storm Drain Construction Fees
The following fees shall be paid to the Planning and Development Department for sewer and storm drain construction:
For each permit for lateral sewer or storm drain construction within the public right-of-way or other public easement $127
.
For inspection of lateral sewer or storm drain construction within the public street area and connection to the existing sewer or storm drain main $206 for each month or fraction thereof between issuance of the permit and final inspection and approval by a City Inspector.
For inspection of construction of sewer or storm drain mains in the public right-of-way or other public easement, and for inspection of lateral sewer or storm drain construction in the public street area, without connection to main $190 per hour.
For engineering work and inspection required in establishing backline easements and re-use connections - $190 per hour, two-hour minimum.
In the event the work is not done in a proper and workmanlike manner, or not done in accordance with the requirements of this chapter or any other ordinance or requirements of the City, or not done to the satisfaction of the Director of Public Works or his/her designee, the City may perform or cause to have performed the necessary construction work, repair work or cleanup work and deduct the cost thereof from said deposit or require the cost thereof to be paid by said surety company on its bond.
In the exercise of his reasonable discretion and for good cause shown, the Director of Public Works or his/her designee may waive or reduce the deposit or bond required by this section in order to encourage property owners to do or cause to have done the work provided for hereunder; provided, that if such work is not being performed in a satisfactory and timely manner, the Director of Public Works or his/her designee may order that the deposit or bond required by this section be filed and the work stopped until such filing is made. (BMC 16.04.130)
SANITARY AND STORM DRAIN SEWERS
Planning and Development Fee Schedule, effective 7/1/24 Page 16
FEE REMARKS FEE TY PE / DESCRIPTION
C. Private Sewer Lateral Certification 150.00$
(BMC 17.24.160)
IV.
A.
B.
C.
In -lieu Fee
V.
A.
1. a.
b.
c.
d.
e.
Debris boxes by contractors.
Sidewalk seating, Benches and Planters (BMC 14.48.200)
STREET AND SIDEWALK USE PERMIT
Permit Fees
A permit fee of $127 shall be charged for each street use permit issued below. In addition there shall be paid for the use of street area, curb or sidewalk in areas classified as commercial, R-3, R-4 and R-5 in the zoning ordinance, during construction for which a building permit or public works permit has been issued, or for which such permit is required, including all University of California construction projects located in City streets, a fee of $7.50 per linear curb foot per
month.
Construction where storage of materials, debris or equipment is involved within the public right-of-way.
House moving.
Demolition where storage of materials, debris or equipment is involved within the public right-of-way.
In-lieu Fees - Required When
For excavations in streets less than five (5) years from the date of application for a permit to excavate, permittee shall resurface the trenched area as provided by the Regulations. At the discretion of the Director of Public Works or his/her designee, such resurfacing requirements may be waived and the permittee shall pay an in-lieu fee as follows:
Type of Excavation
Trench (excluding new service
connections)
$4.20 per square foot of street area required to be resurfaced by the regulations
Bell hole/new service connection $676 /bell hole or new service connection
EXCAVATIONS
Permit - Required - Application Time and Contents for Mains or Lateral Pipes Whenever any person, firm or corporation desires to open trenches in the public streets or thoroughfares for the purpose of placing therein main or lateral pipes or conduits, other than lateral sewers, such person, firm or corporation shall make application in writing and obtain a permit from the Planning and Development Department not less than forty-eight hours in advance of his/her or its desire to so open trenches in said streets and thoroughfares, except in case of accident or emergency, in which case written notice shall be given within twenty-four hours after any such opening; provided however, that if said notice cannot be given because the office is closed, then written notice shall be given within eight hours after the office which issues said permits is open for business.
The application for the permit shall give the names of the streets in which trenches are to be opened and names of the cross streets between which said trenches are to be made. A permit fee of $127 and shall be paid for each permit issued hereunder; except, however, that such fee shall not be charged against any entity exempt by law from the payment of such fees. An inspection fee of $190 per hour shall be charged for all inspections. (BMC 16.12.030) Compliance with Regulations Required
The permittee shall conduct all operations in accordance with the Excavations Ordinance (BMC Chapter 16.12) and the "Trench Excavation and Surface Restoration in the Public Right-of-Way -Regulations and Requirements," promulgated pursuant to said OrdinanOrdinance (hereafter "Regulations.").
Reso 63,262, July 2006
Planning and Development Fee Schedule, effective 7/1/24 Page 17
FEE REMARKS FEE TY PE / DESCRIPTION
2. (BMC 16.16.030)
3. B.
C.
D.
E.
Increased Fees for Work Performed or Operation of Vehicle Without Permit For any work performed, wholly or in part, or for the operation on any public street of an overheight, overweight or overwidth vehicle or any vehicle with an overheight, overweight or overwidth load as defined the State Vehicle Code, without first having secured the permit required by the provisions of this of this chapter, the person, firm or corporation having performed such work or operated such vehicle shall pay a permit fee which shall be five times the permit fee provided by this section, and an inspection charge fives times the inspection charge provided by this chapter. (BMC 16.16.040) Deposit - To Guarantee Removal of Materials or Equipment Required As a guaranty to the City that such materials, appliances or other equipment so placed or stored on any street or sidewalk will be cleaned of all dirt, sand and debris of any kind to the satisfaction of the Public Works Director or his/her designee, and will be removed there from immediately upon the completion of such work, or at such time prior thereto when, in the judgment of said Public Works Director or his/her designee, the public interest or convenience will be best subserved thereby, said person, firm or corporation shall deposit with the Planning and Development Department the sum of $1,376 for each permit issued under the provisions of this chapter. (BMC 16.16.070)
In lieu of the deposit required by this chapter, a surety bond in the amount of $11,306 may be filed with the Planning and Development Department, conditioned as a guaranty to the City that all costs for which any person, firm or corporation-shall be liable, as in this section provided, will be paid upon demand therefore by the Public Works Director or his/her designee. Any such bond may be conditioned as a continuing bond and not be limited to any particular location in the City. Such bond shall be approved as to form by the City Attorney. (BMC 16.16.080) In the case of debris boxes used by homeowners, a fee of $100 shall be charged, the inspection fees shall be waived.
Inspection Charges
Field inspections for the items in A1 above will be made by the City to insure that the permittee is maintaining a right-of-way for public, both in the sidewalk and street areas, provided, however, that inspection fees shall not be charged in the case of debris boxes used by homeowners. A charge of $190
per hour for the first hour shall be made for such inspection service. If such inspection service exceeds one hour there shall be an additional charge of $221 for each thirty days, or fraction thereof, that the permittee uses the streets or sidewalks pursuant to the permit issued hereunder. The hourly inspection charge for the first hour shall be doubled for inspections on Saturdays, Sundays and holidays. The hourly inspection charge shall be paid at the time the permit is issued and shall be based on the City’s estimate of the time required for inspection service and the permittee's estimate of time for completion of all work, including cleanup and clearing the public right-of-way. If the work is unfinished at the expiration of the time estimated by the permittee, the permittee shall then deposit additional inspection fees based on estimate for completion of work
Such charge, if not paid, shall be deducted the surety company on its bond, if a surety bond has been filed in lieu of the required deposit.
A permit fee of $17 for a single trip, or an annual fee of $79 per year for a repetitive permit shall be charged for any overheight, overweight or overwidth vehicle or any overheight, or overwidth load being operated on any public street as defined in the State Vehicle Code. (BMC 16.16.130)
In the case of Sidewalk Seating Tables and Chairs, a curb fee of $7.50 per lineal foot per calendar year (no curb fee shall be charged for planters or benches)
Deposit - Surety Bond in Lieu When - Conditions
Planning and Development Fee Schedule, effective 7/1/24 Page 18
FEE REMARKS FEE TY PE / DESCRIPTION
F.
VI.
VII.
1. a.
b.
2. 3.
4. 5. $ 2,100.00 per tieback or soil nail
6. $ 1,050.00 per tieback or soil nail
7. $ 525.00 per tieback or soil nail
(BMC 16.18.025)
Tieback and soil nail fee for tie backs soil nails less than or equal to 12 feet deep
Tieback and soil nail fee for tie backs soil nails less than or equal to 24 feet deep but more than 12 feet deep
Tieback and soil nail fee for tie backs soil nails greater than 24 feet deep In the exercise of his reasonable discretion and for good cause shown, the Public Works Director or his/her designee may waive or reduce the deposit or bond required by this chapter, in order to encourage home owners to do or cause to be done the work herein. (BMC 16.16.050 and 16.16.080)
NO PARKING SIGNS
No parking signs will be required in conjunction with all street use permits.
If it is determined by the Planning and Development Department that the use of the signs applied for will not be detrimental to public safety or general welfare, a permit will be issued for the use of such signs upon payment of a permit fee of $34 and upon receiving the signed statement of the applicant agreeing to be bound by the conditions of the permit and these rules and regulations; provided, however, that an additional permit fee equal to the cost of a meter in the amount of $79 per week shall be charged for each 20 feet of time limit zone and each meter for work requiring a time period of one month or more. In addition, a processing fee of $15 shall be made for each sign posted.
Seasonal Ground Signs (in the Public right-of-way) - $83 for the first three signs and $15 for each additional sign
ENCROACHMENT PERMITS
The following fees for encroachment permits shall be paid in advance to the Planning and Development Department of the City:
A non-refundable application fee in the amount of $454 for each permit below.
Minor encroachment permit: $1,228 paid upon approval of permit.
Major encroachment permit: $1,774 paid upon approval of permit.
Decorative non-commercial installation in a public right-of-way: a permit fee of $127 Above ground planter: $153
Inspection when required by the Director of Public Works or his/her designee: $190 per hour.
Should an applicant need to replace previously issued No Parking signs which have been lost, stolen or damaged, a processing fee of $5 shall be paid for each re-issued sign.
Waiver - Deposit and Bond
Planning and Development Fee Schedule, effective 7/1/24 Page 19
FEE REMARKS FEE TY PE / DESCRIPTION
VIII.
A.
1. 1,743. 00$
2. 1,743.
00$
3. 1,743.00$
633.00$
4. 1,445.00$
5. 1,743.00$
6. 4,820.00$
Public hearing fee 633.00$
7. 5,316.00$
8. 5,316.00$
Public hearing fee 633.00$
9. Filing fee 323.00$
Records Management fee 50.00$
10. Filing fee 1,003.00$
Public Hearing fee 633.00$
Records Management fee 50.00$
11. 376.00$
181.00$ /lot, parcel or unit
12. 4,820.00$
13. 190.00$ per hour
B.
IX.
Lot line adjustmenst filing fee (BMC 21.32.040)
Reversion to acreage filing fee (BMC 21.48.040)
Parcel mergers (BMC 21.52.060)
Filing fee
Vesting tentative parcel maps filing fee (BMC 21.18.070) Final tract maps (BMC 21.20.020)
Parcel maps filing fee (BMC 21.24.040)
Office engineering fee (BMC 21.04.070)
NOTE: Such deposit shall be refunded upon the receipt by the City of a duplicate original of the recorded subdivision map, made upon a mylar material. If receipt of said mylar map is not made within six (6) months following the date the map was recorded, the City will permanently retain all of the deposit to defray the cost of obtaining a mylar copy of the recorded map for its records.
CREEK FEES
Map Checking fee
Deposit - Refundable
A deposit in the amount of $588 shall be paid at the time of filing and, in addition to the filing fees, for the following:
Final maps; parcel maps; lot line adjustments; reversions to acreage; parcel mergers; corrections and amendments to recorded maps; and certificates of compliance.
Filing fee
Minor amendment to approve tentative map (BMC 21.16.080) Major amendment to approved tentative map (BMC 21.16.080) Filing fee
Filing fee
Public hearing fee
Correction and amendment of a recorded map filing fee (BMC 21.56.050) Certificate of compliance filing fee (BMC 21.60.050)
Tentative tract maps (BMC 21.16.043)
SUBDIVISION FEES
Processing and Review
Vesting tentative tract maps (BMC 21.18.070)
The following fees or charges for processing and review of subdivision maps and certificates shall be paid in advance to the Planning and Development Department of the City:
Planning and Development Fee Schedule, effective 7/1/24 Page 20
FEE REMARKS FEE TY PE / DESCRIPTION
A. 495.00$
B. 988.
00$
C. 741.00$
D. 741.00$
E. 190.00$ /hour
F. 50.00$ Records Management fee
Creeks identification fee
Creek permit base fee
CEQA compliance certification, Fish and Game approval, and Section 401 Army Core of Engineer's permit must be completed prior to acceptance of the application by Public Works for approval.
All horizontal distances are measured on the level and all vertical distances shall be measured perpendicular to the level horizontal.
CEQA review fee for open creeks
Public Works Commision hearing fee
Additional fees: $153 per hour x hours required
Planning and Development Fee Schedule, effective 7/1/24 Page 21 A.
Up to $200,000
$200,001 - $300,000
$300,001 - $400,000
$400,001 - $500,000
$500,001 - $2,000,000
$2,000,001 - $5,000,000
Over $5,000,000
B.
FEE REMARKS
1. 200.00$ /hour ($40 minimum under 15
minutes or each additional 15
minutes or fraction thereof)
2. 200.00$ per staff hour
3. 200.00$ per staff hour
4. 200.00$ per staff hour
400.00$ base fee for up to two staff hours
200.00$ per hour in excess of first two staff
hours
800.00$ base fee for up to four hours
200.00$ per hour in excess of first four staff
hours
7. 200.00$ per staff hour
Project Valuation
Plan checking in excess of two rounds
Pre-application consultation or walk-in requests
for advice
Peer review of traffic impact studies and EIRs
submitted by traffic engineering consultants for
large development projects
Construction traffic plan monitoring
Post-construction traffic monitoring
Administrative Use Permits (when Traffic
Engineering review is required)
5. Use Permits (when Traffic Engineering review is
required)
6. CHAPTER E - TRAFFIC ENGINEERING
$0.65 + $90
FEE TYPE/DESCRIPTION
Miscellaneous Fees
Applications for residential, commercial, industrial and institutional projects (up to two rounds of plan checks)
$0.18 + $90
$0.30 + $90
$0.42 + $90
$0.55 + $90
$0.60 + $90
$90 flat fee
Per 100 value over
$3000
Planning and Development Fee Schedule, effective 7/1/24 Page 22
CHAPTER F - RESIDENTIAL HOUSING SAFETY PROGRAM (RHSP)
TYPE OF INSPECTION
TYPE OF INSPECTION
The following represents the fee schedule for habitability inspections performed by Housing Code Enforcement and the administration of the Rental Housing Safety Program (RHSP).
REINSPECTION FEES
HOUSING CODE STATUS FEE
This fee schedule applies to each case being inspected. (Individual units, exterior/common areas in buildings and individual rooms in hotels are considered “cases” for the purposes of this resolution.) Initial Inspection With or Without Cited Code Violations None 2nd Reinspection Whether or Not All Cited Code Violations Corrected $600 All Other Reinspections Whether or Not All Cited Code Violations Corrected $800 1st Reinspection All Cited Violations Corrected None
All Cited Violations Not Corrected $400
Additional penalty fees will be assessed for every
reinspection or annual flat fee delinquent 31+ days.
40% of the
delinquent amount
when 31+ days late
PLEASE NOTE: It is the owner’s responsibility to inform the tenant(s) of the scheduled inspection and arrange access to each unit to be inspected. The owner is charged whether or not he/she is present at the site during the scheduled inspection. However, owners may not be charged if the tenant refuses the inspector entry to the unit.
PENALTY FEES
HOUSING CODE STATUS AMOUNT OF FEE
Late payment Fee Penalty fees will be assessed for every reinspection or annual flat fee delinquent 1-30 days.
10% of the
delinquent amount
when 1-30 days
late
$100 per Notice of
Termination
processed
Cost recovery for City title report expenses paid place a Notice of Violation on a property title with Alameda County.
Once the Violations are corrected, the property owner
reimburses the City this expense, in addition to any
outstanding fees/penalties due..
Notice of Termination
processing Fee
Annual Per Room Fee
Residential hotels and boarding house (with five or more rooms)
$30 Per Room
Annual Per Unit Fee Residential rental buildings $60 Per Unit
FEE TYPE RESIDENTIAL STRUCTURE FEE
Administration Lien Fee Accounts which remain outstanding after 60 days from the initial billing date shall be filed with the County of Alameda as a lien on the property. The lien amount shall include an administrative processing fee in addition to the initial billing amount and applicable late payment fees.
$250 per account
ANNUAL FLAT PER UNIT/ROOM FEES
Planning and Development Fee Schedule, effective 7/1/24 Page 23
FEE REMARKS
I. Building Emissions Saving Ordinance (BESO): Fees due with compliance filing at intervals shown Building size/type: Filing frequency:
A. Large Buildings, ≥ 25,000 square feet Every 5 years 240.00$ B. Medium Buildings, between 5,000 and 24,999
square feet At point-of-listing 152.00$
C. Small Buildings, < 5,000 square feet, excluding 1-4
unit residential buildings At point-of-listing 79.00$
D. Residential Buildings of 1-4 units At point-of-listing 79.00$ E. Deferral of BESO compliance to buyer At point-of-listing 110.00$ F. Administrative Late Fee N/A 85.00$
CHAPTER G- OFFICE OF ENERGY AND SUSTAINABLE DEVELOPMENT
FEE TYPE / DESCRIPTION
Planning and Development Fee Schedule, effective 7/1/24 Page 24 Department-wide fees for services not otherwise listed in this schedule
FEE REMARKS
I. HOURLY RATE
For staff services not otherwise specified in the
Divisional sections of this fee schedule: 250.00$ per hour; minimum one hour charged II. PUBLIC RECORDS
A. Copying of documents in response to public records
requests: As specified in A.R. 3.8
B. Copying of compact discs (CDs) 10.00$ Per CD copied C. Customized computer programming/operations to
extract electronic records Actual Cost
City IT department will provide estimated
expense prior to data extraction. Deposit of
funds against City costs may be required
CHAPTER H - Planning and Development Department administration
FEE TYPE / DESCRIPTION
Planning and Development Fee Schedule Page 1
CURRENT
FEE
PROPOSED
FEE
CHANGE
REMARKS
I. FILING FEE - ALL PERMITS 22.00$ 62.50$ Including revisions and deferred submittals, II. BUILDING PERMITS:
Minimum Permit Fee 100.00$ for value of improvements up to $3,000 Building Permit Fee 2.20$ per $100 value of improvements over $3,000 Regular Plan Check Fee (includes over-counter
building, mechanical, electrical, and plumbing permits) 65% of Building, mechanical, electrical, and
plumbing Permit Fee
Plan check revision to plans already plan checked 200.00$ 250.00$ per hour with a minimum of one hour (Hourly plan check does not include review of major re-
design)
Special Accelerated Plan Check Fee Additional 80% of Regular Plan Check Fee Plan check revisions to plans already plan checked
under accelerated procedure
300.00$ 375.00$ per hour with a minimum of one hour (Hourly plan check does not include review of major re-
design)
Fourth and subsequent plan check submittal 200.00$ 250.00$ per hour with a minimum of one hour Title 24: Disabled Access 12% of Building Permit Fee
Title 24: Energy Compliance 12% of Building Permit Fee
Fire Plan Check 7% of Building Permit Fee
Community planning fee for General Plan and Zoning
Ordinance Maintenance
5% of Building Permit Fee
Sustainable development/green building 6% of Building Permit Fee Permit extensions:
1st extension 200.00$ 250.00$
Each additional extension 400.00$ 500.00$
Application extensions:
1st extension 200.00$ 250.00$
2nd and 3rd extension 400.00$ 500.00$
Re-Inspections 200.00$ 250.00$ per hour with minimum of one hour.
Strong Motion Instrumentation (per State) 0.13$ per $1,000 value of improvements for residential properties (Or, as set forth by the
State of California).
Strong Motion Instrumentation (per State) 0.28$ per $1,000 value of improvements for apartments and commercial properties (Or, as
set forth by the State of California).
Building Standards, SB 1473 4.00$ per $100,000 value of improvements for apartments and commercial properties (or, as
set forth by the State of California), with
appropriate fractions thereof.
III SIGN PERMITS
Minimum Permit Fee 100.00$ up to $3,000 value of improvements (signs) Sign Permit Fee 2.20$ per $100 value of improvement over $3,000 Sign Plan Check Fee 0.65$ 65% of Sign Permit fee (corrects typo, no rate chang IV. HOUSE MOVE PERMITS:
House Move
200.00$ 250.00$ per hour of staff time with a minimum of one hour
Exhibit A
Proposed FYE25 revisions
CITY OF BERKELEY
FEE TYPE / DESCRIPTION
PLANNING AND DEVELOPMENT DEPARTMENT FEE SCHEDULE
CHAPTER A - BUILDING & SAFETY
Planning and Development Fee Schedule Page 2
CURRENT
FEE
PROPOSED
FEE
CHANGE
REMARKSFEE TYPE / DESCRIPTION
V. ELECTRICAL PERMITS:
Minimum Permit Fee 100.00$
Permit Extension 57.00$ 75.00$
A.
New Residential Buildings and Additions 15.00$ per each 100 square feet B. Industrial/Commercial Electrical Permit - Large Projects (above $100,000 Value of Electrical Work)
Permit Fee 1% of the Value of Electrical Work C. Itemized Fees:
Service (new or changed) 11.90$ per each 100 Amps Subpanel (new or changed) 11.90$ per each 100 Amps Electrical Meters (new or changed) 7.20$ each
Altering/Changing Wiring 26.10$ each c
hange
Solar/Photovoltaic Panels System 26.10$ per system Branch Circuits 4.80$ each
Fixed Appliance Outlets 11.10$ each
Device Outlets (Receptacle, Switch, Light, Etc.) 2.70$ each Motors 7.10$ up to 10 horsepower (HP) total
Each additional HP 1.90$
Generators 7.20$ up to 10 kilovolt (KV) total
Each additional KV 1.90$
Transformers 4.80$ up to 10 KV total
Each additional KV 1.90$
Signs and Outline Lighting 26.50$ per KV
X-ray Capacitors 26.50$ each
Temporary Power Pole 26.50$ per each 100 Amps
Festoon Lighting 10.00$ each
Electric Vehicle Charging Station $15.90 each
PG&E Service Recheck $11.90 Per each inspection of existing service for release to PG&E
VI. MECHANICAL PERMITS:
Minimum Permit Fee 100.00$
Permit Extension 57.00$ 75.00$
Gas
Appliances
Up to two mechanical appliances 13.00$ per appliance Each additional appliance
12.00$
Central Heating - Furnace/AC (Combination Unit, Central Heat alone, or Central AC alone, or Heat Pumps) Up to 100,000 BTU 39.70$ per unit
101,000 to 500,000 BTU 54.00$ per uni
t
Over 500,000 BTU 129.00$ per unit
Gas Piping Extension/Alteration/Repair 12.20$
Gas Meter (new or changed) 13.10$
Each Additional Gas Meter 9.10$
Gas Pipe Outlets 5.60$ each
Gas Pressure Test only 14.10$ per system
Seismic Gas Shutoff Valve 10.00$ each
NOTE: Gas items may be charged on mechanical or plumbing permits, but not both.
Hoods
Residential 11.80$ each
Commercial - Type I 129.00$ each
C
ommercial - Type II 79.70$ each
Vent, Flue or Chimney 13.10$ each
NOTE: At applicant's option, all electrical permit fees may be itemized as follows:
Planning and Development Fee Schedule Page 3
CURRENT
FEE
PROPOSED
FEE
CHANGE
REMARKSFEE TYPE / DESCRIPTION
Pre-fabricated Fireplace 79.70$ each
Ducts, Fans, Registers, Dampers 11.90$ each
Air Handling Equipment (including powerheads)
up to 10,000 cfm 26.80$ per unit
over 10,000 cfm 39.90$ per uni
t
Boilers and Equipment
up to 100,000 BTU 39.90$ per unit
100,000 - 500,000 BTU 54.00$ per unit
over 500,000 BTU 129.00$ per unit
VII. PLUMBING PERMITS:
Minimum Permit Fee 100.00$
Permit Extension 57.00$ 75.00$
A.
New Residential Buildings and Additions 15.00$ per each 100 S.F.
NOTE: At applicant's option, all electrical permit fees may be itemized as follows:
B. Itemized Fees:
Water Heater 12.20$ each
Solar Water Heater 12.20$ each
Fixtures (including sanitary drainage and piping) 12.20$ each Sanitary Sewer Lateral 34.00$ each
Subsoil Storm Drainage Piping 34.00$ per system
Removal of Illicit Connections 12.20$ per system
Water or Air Pressure Test 14.10$ per system
Stand Pipe System 129.10$ per system
Water Main, up to 25 Outlets 24.90$
Each Additional Outlet 2.70$
Wat
er Meter 14.40$
Each additional meter 8.40$
Backflow Preventer 12.20$ each
Water Line, up to 25 Outlets 24.90$
Each additional outlet 2.70$
Hydronic Water Piping 24.90$ per system
Lawn Sprinklers System:
One or Two Family Dwellings 39.90$ per system
All other Occupancies 105.70$ per s
ystem
Swimming Pool Filtration System 129.10$ per system
Inside Rain Leader - per System 27.40$ per system Gas Piping Extension/Alteration/Repair 12.20$ per system Gas Meter (new or changed) 13.10$
Each additional Gas Meter 9.10$
Gas
Pipe Outlets 5.60$ each
Gas Pressure Test Only 14.10$ per system
Seismic Gas Shutoff Valve 10.00$ each
NOTE: Gas items may be charged on mechanical permits, but not both.
Gray Water System:
One or Two Family Dwellings 39.90$ per system
All other Occupancies
105.70$
per system
Nonpotable Rainwater Catchment System:
One or Two Family Dwellings 39.90$ per system
All other Occupancies
105.70$
per system
Planning and Development Fee Schedule Page 4
CURRENT
FEE
PROPOSED
FEE
CHANGE
REMARKSFEE TYPE / DESCRIPTION
VIII. SEISMIC GAS SHUT-OFF VALVE GROUP
INSTALLATION
50.00$ flat rate per residence. This is a group rate for two or more residences on a block for
coordinated inspection
IX. SOLAR INSTALLATION PERMITS:
Sol
ar Installation Permits Fee covered under electrical, plumbing, mechanical and/or building permit fees
X. INVESTIGATION FEE:
Investigation Fee Equal to and in addition to the permit fee for scope of work performed without a permit
and/or inspections
XI. CODE COMPLIANCE INSPECTIONS (SPECIAL INSPECTION):
Business License Inspections (change of use or
building vacant more than 6 months)
200.00$ 250.00$ per hour of staff time, with minimum of one hour
XII.
Initial Investigation of a complaint No Fee
First Re-inspection of Violations 200.00$ 250. 00$
Sec
ond Re-inspection of Violations 300.00$ 375.00$
Third Re-inspection of Violations 400.00$ 500.00$
Additional Re-inspections 500.00$ 625.00$
Administrative review fee 200.00$ 250.00$ per hour of staff time, with minimum of one hour
XIII.
Weekend Inspection 200.00$ 250.00$ per hour , with a minimum of 4 hours Evening Inspection 200.00$ 250. 00$ per hour, with a minimum of 2 hours Certified Access Specialist (CASp) Inspection 200.00$ 250.00$ per hour, with a minimum of one hour XIV. TECHNOLOGY ENHANCEMENT FEE 5% of Building, Electrical, Mechanical, Plumbing, Fire, and Public Works Permit Fees, and other
applications such as ADU Amnesty and E3
programs
XV. UNDOCUMENTED ACCESSORY DWELLING UNIT
AMNESTY PERMIT Filing fee also applies
Amnesty Application Fee $250.00
Initial Inspection Fee $250.00
Amnesty Reinspection Fee $250.00 per hour with minimum of one hour.
XVI. EXTERIOR ELEVATED ELEMENTS (E3) Fi ling fee also applies E3 Multi-Family $375.00
per multifamily rental building with E3 and three
or more units. Billed every six years at time
property owners receive notice of the required
periodic inspection.
E3 Condominium $750.00
per condo building with E3 and three or more
units. Billed every nine years at time property
owners receive notice of the required periodic
inspection.
OTHER INSPECTIONS
CODE VIOLATION INSPECTIONS (VIOLATION OF CITY AND STATE CODES INCLUDING ANTI-BLIGHT ORDINANCE):
Planning and Development Fee Schedule Page 5
CURRENT
FEE
PROPOSED
FEE
CHANGE
REMARKSFEE TYPE / DESCRIPTION
XVII
XV.
Duplication Fees Amount specified in A.R. 3.8
Pre-submittal Review/Consultation 200.00$ $250.00 per hour, with a minimum of one hour City Staff Review
(For items that require review and which are not
otherwise explicitly covered in Fee Schedule, such as
Alternate Method Applications, Requests for
Unreasonable Hardship Exceptions, Requests for
Determinations, BORP Submittals, etc)
200.00$
$250.00
per hour, with a minimum of one hour
Staff time required to follow-up on non-compliance 200.00$ $250.00 per hour, with a minimum of one hour Address Assignment 200.00$ $250.00 per hour, with a minimum of one hour Inspections for which no fee is specifically indicated 200.00$ $250.00 per hour, with a minimum of one hour Processing fee for refunds Per BMC
7.20.050
or hourly charges based on time spent, with a
minimum of one hour at staff time rate of $250
Seismic Evaluation Report: Report Review (includes
1 recheck)
$612.00
Administrative Services Fee $250.00
For services provided by administrative staff
outside of plan check or permitting services
charged elsewhere; e.g. processing
documents, recording notices, researching
records
MISCELLANEOUS
Planning and Development Fee Schedule Page 6
CURRENT FEE PROPOSED
FEE CHANGE REMARKS
I. n/a 500$
Application fee to cover intake
and initial completeness review:
Assumes 2 hours.
I. II.
1. 3,680$ Assumes 16 hours
2. 2,760$ Assumes 12 hours
3. 1,840$ Assumes 8 hours
4. 5,520$ Assumes 24 hours
1. 4,500$
Base fee deposit assumes 18
hours. Add $250 per each
additional hour of staff time.
2. 3,500$ Assumes 14 hours
3. 1,500$ Assumes 6 hours
4. 500$ Assumes 2 hours
II. III.
1. 5,520$ 5,500$
Bas
e fee deposit assumes 22
hours. Add $250 per each
additional hour of staff time.
2. 5,520$
Base fee Deposit assumes 24
hours. Add $230 per hour for
staff time beyond 24 hours.
a. Non-residential projects in a Residential district
b. Mixed-use buildings creating more than 20,000 gross sq. feet c. New construction or "major" renovation of a Landmarked building or site or Structure of Merit d. Any new main building
e. Master Use Permit or Development Permit required by a Specific Plan f. Class III Home Occupation Permits
3. 2. 1,025$ 1, 250$ Assumes 5 hours; includes materials
III. IV.
1. 3,680$ 5,500$
Bas
e fee deposit assumes 22
hours. Add $250 per each
additional hour of staff time.
2. Tier 2 - Inadvertent Demolition of Residential Structure 9,200$ 9,500$ Base fee deposit assumes 38
hours. Add $250 per each
additional hour of staff time.
3. 5,520$
Base fee Deposit assumes 24
hours. Add $230 per hour for
staff time beyond 24 hours.
4. 3. 460$ 500$ Assumes 2 hours
5. 4. 1,025$ 1, 250$ Assumes 5 hours including materials
IV. V.
A. 230$ 250$ Assumes 1 hour
1. 115$ 0 No f
ee for continuation of
existing legal use
2. 460$ 500$
Assumes 2 hours for
neighborhood notices and
documentation (Plan check is
billed separately, with Building
Permit)
3 Accessory Dwelling Unit Plan Check n/a 250$
Assumes 1 hour for review.
Not a new fee, added as
separate new line for clarity
3. 5,520$ Fee relocated to Section XI.
below
4. 230$ 250$ Per hour of staff time All Zoning Certificate (ZC) reviews (e.g. ZCs for Business License, Home Occupations, and Short- Term Rentals), EXCEPT as noted below:
Business License review - continuation of lawful existing use SB
35, SB330, other pre-application review
Additional staff time (work performed beyond the time covered by the fees above) Accessory Dwelling Unit review Neighborhood Notice
Variance
Tier 1 - Yard or Height, Useable Open Space, Lot Coverage, Parking All Variances except inadvertent demolitions
Tier 3 - All others not in Tier 1 or 2
Each Additional AUP, UP or Variance in addition to primary application ZAB Public Hearing (per project in addition to permit fees) Zoning Certificate (ministerial permits)
Use Permit (UP) with public hearing
Level 1 - Use Permit (projects not listed below)
Level 2 - Include the following:
ZAB Public Hearing (per hearing, in addition to permit fees). Fee already exists; copied here form Section III below
Tier 2 - Intermediately complex projects in or adjacent to a Residential district Tier 3 - Least complex projects in or adjacent to a Residential district including Class II Home Occupation Permits
Tier 4 - Other activities (residential or commercial) NOT in or adjacent to a Residential district
CHAPTER B - LAND USE PLANNING
FEE TYPE / DESCRIPTION
Administrative Use Permit (AUP)
Tier 1 - Most complex projects in or adjacent to a Residential district Application Fee: AUP, UP, VAR, MOD, DR, LM, Condo Conversion Tier 1 - Most complex projects
Tier 2 - Intermediately complex projects
Tier 3 - Least complex projects
Each Additional AUP required in addition to primary application
Planning and Development Fee Schedule Page 7
CURRENT FEE PROPOSED
FEE CHANGE REMARKSFEE TYPE / DESCRIPTION
B.
1. 230$ Assumes 1 hour
2. 460$ Assumes 2 hours
3. 115$ Assumes half hour
4. 230$ per hour of staff time
1. 500$ Assumes 2 hours
2. 1,000$ Assumes 4 hours
a 1--19 residential units (Residential and/or Mixed-Use) 500$ Assumes 2 hours b 20+ residential units (Residential and/or Mixed-Use) 1,000$ Assumes 4 hours c Nonresidential building (no residential uses) 1,000$ Assumes 4 hours
3. 500$ Assumes 2 hours
4. 250$ Assumes 1 hour
5. 250$ Assumes 1 hour
6. 125$ Assumes half hour
7. 250$ per hour of staff time
V. VI.
1. 1,840$ 1,500$ As sumes 6 hours
2. 3,680$ 3,000$
Bas
e fee deposit assumes 12
hours. Add $250 per additional
hour of staff time.
3. 5,520$ 5,500$
Bas
e fee deposit assumes 22
hours. Add $250 per additional
hour of staff time.
4. 230$ 250$
Per hour of staff time
5. Public Hearing (per hearing, in addition to permit fees) 1,025$ 1,250$ Assumes 5 hours incl materials
VI. VII.
A.
1. 5,520$ 6, 000$
Bas
e fee Deposit assumes 24
hours. Add $250 per additional
hour of staff time, plus direct
cost for consultants
2. 9,200$ 10,000$
Bas
e fee Deposit assumes 40
hours. Add $250 per additional
hour of staff time, plus direct
cost for consultants
B. 3,680$ 4,000$
Bas
e fee Deposit assumes 16
hours. Add $250 per additional
hour of staff time, plus direct
cost for consultants
C. Notices - NOE, NOD, etc. 920$ 1,000$
Assumes 4 hours. Fee applies
when notices are filed by the
City on behalf of the applicant /
City after all appeals are heard
VII. VIII.
A.
1. 1,840$ 2,000$ Assumes 8 hours
2. 2,760$ 3,000$ Assumes 12 hours
3. 3,680$ 4,000$
Base fee deposit assumes 16
hours. Add $250 per hour for
staff time beyond 16 hours.
4. 460$ 500$ Assumes 2 hours B.
1. 2,760$ 3,000$ Assumes 12 hours
2. 3,680$ 4,000$ Assumes 16 hours
3. 5,520$ 6,000$
Bas
e fee Deposit assumes 24
hours. Add $250 per additional
hour for staff time.
C.
1. 1,250$ 1,375$
2. 1,500$ 1,650$
3. 4,250$
4,675$
D. Additional Preview (existing fee, relocated from Sec. VII.B above) 500$ 550$ E. Modifications - DRC Projects 750$ 1,000$ Project valued under $50,000
Project valued at $50,000 - $150,000
Project valued over $150,000
Signs/Awnings
Design Review Committee
Project valued under $50,000
Project valued at $50,000 to $2,000,000
Project valued over $2,000,000
Final Review with the DRC
Mitigation Monitoring
Design Review
Administrative Design Review
Project valued under $50,000
Project valued at $50,000 to $2,000,000
Project valued over $2,000,000
Use Permit Modification (ZAB Review - Ex ercised Permit Public Hearing Required) Transfer of Administrative Use Permit / Use Permit
Environmental Review
California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) Initial Study resulting in a Negative Declaration or Mitigated Negative Declaration Environmental Impact Report (EIR)
Project with Use Permit and/or Variance
In-kind Repair/Replacement (e.g. window replacement, dry rot repair, etc.) Fourth and subsequent plan check submittal
Modification / Transfer
Administrative Use Permit Modification (to existing AUP, or modification to UP allowed with an AUP)
Use Permit Modification (ZAB Review - Permit not exercised No Public Hearing ) Building Permit review
Project with Administrative Use Permit
Project with Administrative Use Permit (including new main buildings) New main buildings (no Administrative Use Permit)
Additions, Tenant Improvements, projects not listed above Accessory Dwelling Unit Plan Check
Landmark review
In-kind Repair/Replacement (e.g. window replacement, dry rot repair, etc.) Fourth and subsequent plan check submittal
Planning and Development Fee Schedule Page 8
CURRENT FEE PROPOSED
FEE CHANGE REMARKSFEE TYPE / DESCRIPTION
F. DRC Public Hearing (per hearing, in addition to permit fees) 1,025$ 1,250$ Assumes 5 hours incl materials
VIII. IX.
A.
1. 50$
As
set by the Landmarks
Preservation Ordinance. BMC
3.24.340.A
2. 100$
As
set by the Landmarks
Preservation Ordinance, BMC
3.24.340.B
B.
1. 2,000$ 2,200$
2. 3,000$ 3,300$
3. 5,520$
6,000$
Base fee Deposit assumes 24
hours. Add $250 per additional
hour for staff time.
C. 1,000$ 1,100$
D. 1,200$
1,320$
E. 4,200$ 4,620$
F.
1. 2,500$ 2,750$
2. 2,500$ 2,750$
G. LPC Public Hearing (per hearing, in addition to permit fees) 1,025$ 0 No applicant fees for LPC
hearings / fee added in error in
2022
IX. X.
A. 500$
B. 200$
C. 1,500$
D. 500$
E. 3,
680$ 4,000$ Assumes 16 hours
F. 5,520$ 6,000$ Assumes 24 hours
G. 500$
H. 3,680$ 4,000$
Assumes 16 hours
I. 500$
J. Fee Waived Fee Waived
X. XI.
A. 9,200$ 10,000$
B. 9,200$
10,000$
C. 9,200$ 10,000$
D. 9,200$ 10,000$
XII.
A. 120$ 125$ per unit
B. 3,680$ 4,000$ Assumes 16 hours
C. 5,520$ 6,000$
Base fee Deposit assumes 24
hours. Add $250 per additional
hour for staff time.
D. 9,200$ 10,000$
Base fee Deposit assumes 40
hours. Add $250 per additional
hour for staff time.
E. 3,680$ 4,000$ As sumes 16 hours F. 5,520$ 6,000$ As sumes 24 hours G. 3,680$ 4,000$ As sumes 16 hours Base fee Deposit assumes 40
hours. Add $250 per additional
hour for staff time, plus direct
cost for consultants
Specific Plan Amendment
Rezoning / Reclassification Request
Waterfront Master Development Plan Permit
CONDOMINIUM
Rent Board Review
Notice of Local Law Compliance
Conversion to Condominiums - one to four units
Conversion to Condominiums - five or more units
Appeal of an Administrative Determination on Conversion of a TIC to the Planning Commission by an Applicant
Appeal of Planning Commission Determination on Conversion to the City Council by an Applicant Appeal of Planning Commission Determination on Conversion to the City Council by a Non- Applicant
Appeal of DRSL or DRC by Non-Applicant
Appeal of DRSL or DRC by Applicant
Non-Applicant Appeals of all affordable housing projects (defined as projects which provide 50% or more affordable units for households at 80% or less of Area Median Income) Appeal to address processing error by staff
Plan Amendments, Reclassification Requests, and Waterfront Master Development Plan permits* General Plan Amendment
Non-Applicant Appeal of AUP
Reduced Non-Applicant Appeal of AUP: Fee reduced if signed by persons who lease or own at least 35 percent of the parcels or dwelling units within 300 feet of the project site, or at least 20 such persons (not including dependent children), whichever is less
Non-Applicant Appeals of ZAB or LPC
Reduced Non-Applicant Appeals of ZAB or LPC: Fee reduced if appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less Appeal of AUP by Applicants
Appeal of ZAB or LPC by Applicants
Demolition Review (non-residential structures 40 or more years old as required under Section 23C.08.050C of the Zoning Ordinance)
Mills Act Historical Contract Processing - payable upon application (one-time payment) Mills Act Historical Contract Monitoring
Payable upon application to cover 5 contract years
Assessed at the beginning of each subsequent 5 years
Appeals
District
Design Review - Structural Alteration (non-residential only) Project valued under $50,000
Project valued between $50,001 and $1,999,999
Project valued at $2,000,000 or more
Design Review - Signs and Awnings
Landmarks Preservation Commission Review
Initiation
Structure
Planning and Development Fee Schedule Page 9
CURRENT FEE PROPOSED
FEE CHANGE REMARKSFEE TYPE / DESCRIPTION
XI. XIII.
A. 100% of applicable fee(s)
B.
1. 230$ 250$
2. 345$ 375$
3. 460$ 500$
C.
Amount
specified per
A. R. 3.8
D.
Amount
specified per
A. R. 3.8
E. $ 36.00
F.
Amount
specified per
A. R. 3.8
G.
Amount
specified per
A.R. 3.8
H. 50$ 55$ per application I. 230$ 250$ per hour, 2 hour min.
J. 230$ 250$ per hour of staff time K. 230$ 250$ per hour, 2 hour min.
L. 230$ 250$ per hour, 1 hour min., plus consultant costs
M. 230$ 250$ per hour of staff time N.
1. 920$ 1,000$ Assumes 4 hours
2. 3,680$ 4,000$ As sumes 16 hours 3 5,520$ 1,000$
Bas
e fee Deposit assumes 4
hours. Add $250 per additional
hour for staff time, plus other
cost recovery as expended
O. At cost
P. 15%
Surcharge on all Applications
for AUP, UP, Modification
and/or Variance.
Q 2,015$ 2,217$
Si
gn program to cover multiple
signs in one building or
development
SB35, SB330, other Preliminary Development application reviews as required by State law NOTE
: The minimum deposits listed are intended to reflect typical project costs. Progress billings will be made during review of a project if charges exceed the deposit: prompt payment of bills will assure continued project review. Failure to remit a progress payment within the appropriate time frame as determined by the Director of Planning and Development or his/her designee, will be treated as a withdrawal without prejudice to the underlying proposal. All fees are required to be paid prior to scheduling the item for Council consideration.
Dedicated Project Review: In addi
tion to all required fees, applicants may request (or the City may require) dedicated project review in which the applicant pays the City for staff overtime or to contract with a consulting firm with particular relevant expertise to review the application. In such instances, the applicant shall remit a deposit equal to the total amount of the contract, based on the bids received by the City pursuant to its purchasing procedures. Progress billings will be made if charges are expected to exceed deposit; prompt payment of bills will assure continued project review. Failure to remit a progress payment within an appropriate time frame, as determined by the Director of Planning and Development or his/her designee, will be treated as a withdrawal without prejudice to the underlying proposal.
Community Planning Fee for General Plan and Zoning Ordinance Maintenance Coordi
nated Sign Design Program Fee
Zoning Research
Oak Tree Review
Use Permit Monitoring
Pre-application Reviews
Staff level review
Zoning Adjustments Board / Design Review Committee / Landmarks Preservation Commission / Planning Commission Review (at staff discretion in consultation with the applicant) Maps - large, color
Duplication of Zoning Adjustments Board, Landmarks Preservation Commission, and Design Review Commission meeting recordings
Microfilm Duplication Fee
Records Management Fee
Letters Regarding Status of Properties
Housing Density Bonus Analysis - if separate from other permits Zoning Complaint Re-inspection
First Re-inspection
Second Re-inspection
Third Re-inspection and all inspections thereafter
Agenda Subscriptions and Mailing Fees
Publications and Duplication of Records
Miscellaneous Fees
Penalty for Late Filing (When Zoning Permit, Use Permit or Variance is required for work already performed)
Planning and Development Fee Schedule Page 10
CURRENT FEE PROPOSED FEE
CHANG
E
1)
a. $1,811
b. $604
2)
a.
$4,830
$604
$250/hour
b.
$1,811
$845
$250/hour
c. $725
d. $250/hour
1) $242
2) $362
3) $250/hour
1)
$362
$725
$1,389
$2,053
$3,381
$483
Type $906
A $1,811
B $2,717
C $3,864
D $544
$1,087
$2,234
$3,381
$4,347
1 $665
2 $1,328
3 $2,717
4 $4,046
5 $5,072 >10,000 >100,000 >100,000 D-5 $4,410
550 - 999 5,000 - 24,999 10,000 - 24,999 D-3 $2,363
1,000 - 10,000 25,000 - 100,000 25,000 - 100,000 D-4 $3,518 55 - 275 200 - 999 500 - 999 D-1 $578
276 - 549 1,000 - 4,999 1,000 - 9,999 D-2 $1,155
Gallons Cu. Ft. Lbs. C-5 $3,780
>50 C-1 $473
C-2 $945
Table 2. AGGREGATE MAXIMUM QUANTITY OF
HAZARDOUS MATERIALS ON SITE
C-3 $1,943
C-4
11 - 25 B-4 $2,363
26 - 50 B-5 $3,360
$2,940
Range B-2 $788
1 - 10 B-3 $1,575
A-3 $1,208
A-4 $1,785
Table 1. TOTAL NUMBER OF HAZARDOUS MATERIALS ON
SITE
A-5 $2,940
B-1 $420
Annual Fees - Hazardous Materials Release Response Plans (HMRRP) and Inventory Registration. Fees are based on total number of hazardous materials present (Table 1) and aggregate quantity of hazardous materials (Table 2).
NOTE: All solids are measured in pounds, liquids in gallons, and gases in cubic feet at Standard Temperature and Pressure (STP).
FEES
A-1 $315
A-2 $630
APSA Annual Fee Per Regulated Facility (≥10,000 gal.) $315 Additional Inspection/Review $210/hour
SECTION 3: Hazardous Materials Business Plan (HMBP) Fees Inspection or Repair/Replacement/Modification $210/hour SECTION 2: Aboveground Petroleum Storage Act (APSA)
APSA Annual Fee Per Regulated Facility (<10,000 gal.) $210 Additional Reviews/Inspections $210/hour
Closure/Removal – Residential – Per Tank $630
Additional Reviews/Inspections $210/hour
Closure/Removal - Business
Base Fee (includes one tank) $1,575
Each Additional Tank $525
First Tank Per Facility $1,575
Each Additional Tank $525
Miscellaneous Fees
Each Additional Tank $735
Chapter C - TOXICS MANAGEMENT DIVISION
Certified Unified Program Agency (CUPA)
Description
SECTION 1: Underground Storage Tanks (USTs) Fees
Annual Operating Permit
New Installation
Base Fee (includes one tank) $4,200
Planning and Development Fee Schedule Page 11
b. $242
c. $242
d.
$242
e.
$242
1)
a. $242
b. $299
c. $362
d. $1,087
e $2,294
f. $4,830
g. $7,004
h. $8,211
i. $15,215
j. $24,633
k. $35,501
l. $47,817
m. $62,790
n. $483
o.
$250/hour
p. $483
q. $845
r. $2,053
1) $250/hour
2) Actual Cost plus
handling
3) $250/hour
4)
a.
$483
$173
b.
$242
$173
1)
2)
$250/hour
3)
$5,796 Program 1 $5,040
Third Party Professional Review Actual Cost plus
handling
Staff Participation in Hazardous Operability Study/Review/Oversight/Audit (1-hour min) $210/hour
Regulated Substance Registration fee (Extremely Hazardous) First Boring $210
Each Additional Boring $150
SECTION 6: Risk Management Plan Fees
First Well $420
Each Additional Well $150
Soil Borings (Three (3) feet or greater depth, per BMC 15.12.070.B) Third Party Professional Reviews
Additional Reviews/Inspections $210/hour
Subsurface Investigation Permits:
Monitoring Wells Installation/Destruction
SECTION 5: Site Remediation and Investigation Fees
Report Reviews/Site Visits/Plan Checks $210/hour
Conditionally Exempted Permit Fee $420
Conditionally Authorized Permit Fee $735
Permit by Rule $1,785
>= 4,000 Tons $54,600
Acutely Hazardous Waste (>1 kg./month) Registration fee $420 Hazardous Waste Contingency Plan Review for Treatment, Storage, Disposal Permitted Waste Facilities $210/hour
>= 500 Tons and < 1,000 $21,420
>= 1,000 Tons to <2,000 Tons $30,870
>= 2,000 Tons to < 4,000 Tons $41,580
>= 50 Tons and <125 Tons $6,090
>= 125 Tons to < 250 Tons $7,140
>= 250 Tons to < 500 Tons $13,230
>= 5 Tons and <12 Tons $945
>= 12 Tons and <25 Tons $1,995
>= 25 Tons and <50 Tons $4,200
< 55 Gallons per year $210
>= 55 Gallons and <2Tons $260
>= 2 Tons and <5 Tons $315
Facilities subject to HMBP disclosure under BMC Title 15 due to the handling of gases that are classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations only for hazards due to simple asphyxiation or release of pressure, in aggregate quantities <1,000 cubic feet
$210
SECTION 4: Hazardous Waste Generator and Treater Permit and Registration Fees
Annual Fees
Etiological Agent Registration Fee $210
Radiological Materials Registration Fee $210
Limited hazardous materials registration for businesses handling hazardous materials under the BMC Title 15
threshold but must report under Chapter 50 of the California Fire Code $210