Cities Index.
Agenda packet, first session

Berkeley City Council
May 21, 2024

Document
Agenda packet, first session
Meeting
May 21, 2024
Body
Berkeley City Council
Pages
306
Original file
7.9 MB
Text extracted from the city's file for reading and search. The city's original file is the official record.
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Planning and Development Fee Schedule Page 12
$11,592
$16,181
1) $250/hour
2)
3) $140/hour
4) $250/hour
5)
6)
$250/hour
7)
8)
9)
10)
11)
10% penalty of the
billed amount
An additional 15%
penalty of the
original billed
amount
An additional 15%
penalty of the
original billed
amount
12) Double the Fee
13)
Double the Fee
14) $250/hour
15) $210/hour $250/hour
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 $210/hour
Universal Waste (relocated from Section 4, above)
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 $120/hour
Permit Service Center Review Fee (1/2 hour minimum) $210/hour Emergency Response and Oversight of Clean-up Activities from Spills and Releases (3- hour minimum) $210/hour
SECTION 7: Miscellaneous Fees
Miscellaneous hourly billing (all others) $210/hour
Copies of Documents A.R. 3.8
Special Accelerated Review Fee, per customer request Additional 80% of Regular Review
Fee
Program 2 $10,080
Program 3 $14,070

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Planning and Development Fee Schedule 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.

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Planning and Development Fee Schedule 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.

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule 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:

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule Page 22

CHAPTER F - RESIDENTIAL HOUSING SAFETY PROGRAM (RHSP)

TYPE OF INSPECTION

TYPE OF INSPECTION

PROPOSED

FEE CHANGE
$60 Per Unit
$30 Per Room
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 CURRENT 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)
$28 Per Room
Annual Per Unit Fee Residential rental buildings $56 Per Unit

FEE TYPE RESIDENTIAL STRUCTURE CURRENT 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

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Planning and Development Fee Schedule 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

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Planning and Development Fee Schedule Page 24
Department-wide fees for services not otherwise listed in this schedule

CURRENT FEE PROPOSED

FEE CHANGE REMARKS
I. HOURLY RATE
For staff services not otherwise specified in the
Divisional sections of this fee schedule: 200.00$ 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

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NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

REVISIONS TO PLANNING DEPARTMENT FEE SCHEDULE
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 Planning and Development Department is proposing revisions to its fee schedule 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
The hearing will be held on May 21, 2024 at 6:00 PM in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Jim Bondi, Associate Management Analyst, at (510) 981-7428.

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

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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

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Berkeley Police Department

2100 Martin Luther King Jr. Way, Berkeley, CA 94704 Tel: 510.981.5900 TDD: 510.981.5799 Fax: 510.981.5704 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Police

INFORMATION CALENDAR
May 21, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

CURRENT SITUATION AND ITS EFFECTS
The City Auditor’s report included 12 recommendations. 10 of the recommendations have been implemented and 2 of the recommendations are in progress. We anticipate the next status update report to be in November 2024.

Included in this item is a status update for;
Recommendation 1.2 - Fill vacancies deemed necessary and/or reallocate staff pending the reimagining process and a determination of appropriate staffing levels.

The selected consultant, Citygate, is on track and on budget with this project. Citygate provided a mid-project summary to Police Command Staff in mid-April and is on schedule to deliver a final report by June 2024. As part of their report, Citygate will make recommendations about patrol staffing levels based on their assessment of calls and public safety service delivery expectations.

Recommendation 2.3 - Document the results of staffing assessments along with the assessment criteria. Incorporate results into staffing projections for budgetary decision making, including establishing a sufficient and appropriate overtime budget.

Citygate has completed its assessment of call volumes and staffing levels and has made some preliminary recommendations regarding staffing levels in patrol operations as well as several other areas of the department. Some of these

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2 | P a g e
recommendations have driven budget priorities for this budget cycle. Delivery of the final report is expected in June 2024.

BACKGROUND
On March 3, 2022, the City Auditor’s Office issued its audit, Berkeley Police:

Improvements Needed to Manage Overtime and Security Work for Outside Entities1 This audit report included 12 recommendations. The purpose of this report is to update the City Council on the Police Department’s progress on implementing the City Auditor’s recommendations. This is the fourth status report for this audit, the first being in November 2022, the second in May 2023 and the third in November 2023.

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

FISCAL IMPLICATIONS
Staff time in addition to the contract costs. The contract for CareWare, approved in 2022 is $191,740 (5-year contract). This software is being utilized throughout the whole Police Department.

CONTACT PERSON
Captain Kevin Schofield, Police Department, (510) 981-5815

ATTACHMENTS

1. Police Overtime Recommendation Table
1 City Auditor’s Office Overtime Audit (3/3/2022)
https://berkeleyca.gov/sites/default/files/2022-04/Berkeley%20Police%20- %20Improvements%20Needed%20to%20Manage%20Overtime%20and%20Security%20Work %20for%20Outside%20Entities.pdf

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Internal
Finding Department Expected or
Actual
Implementation
Date
Status of Audit Recommendations, Corrective Plan,
and Progress Summary
Last Period:

Status
Overtime is used
to maintain
minimum patrol
staffing set by
BPD.

1.1 Collect and monitor data on how
often compensatory time leads to
additional backfill overtime and
develop a plan to monitor it.

Police 9/29/2023 Implemented Implemented
Overtime is used
to maintain
minimum patrol
staffing set by
BPD.

1.2 Fill vacancies deemed necessary
and/or reallocate staff pending the
reimagining process and a
determination of appropriate staffing
levels.

Police 11/1/2024 Started:

The selected consultant, Citygate, is on track and on
budget with this project. Citygate provided a mid-
project summary to Police Command Staff in mid-
April and is on schedule to deliver a final report by
June 2024. As part of their report, Citygate will make
recommendations about patrol staffing levels based
on their assessment of calls and public safety service
delivery expectations.

Started
Minimum staffing
levels in BPD’s
Patrol Unit could
cause unnecessary
overtime if not
regularly updated.

2.1 Establish a procedure to regularly
assess minimum staffing and overall
staffing needs of the department. This
process should document and
incorporate criteria to assess staffing
levels, such as calls for service, other
workload, community input, and
other relevant factors. As BPD
prepares for the rollout of a new
software system, BPD should consider
how to best align the program’s
capabilities with this assessment
process.

Police 9/29/2023 Implemented Implemented
Recommendation
Audit Title: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

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Internal
Minimum staffing
levels in BPD’s
Patrol Unit could
cause unnecessary
overtime if not
regularly updated.

2.2 Document and define the Patrol Unit’s
minimum staffing levels in a publicly
assessible format.

Police 9/2/2022 Implemented Implemented
Minimum staffing
levels in BPD’s
Patrol Unit could
cause unnecessary
overtime if not
regularly updated.

2.3 Document the results of staffing
assessments along with the
assessment criteria. Incorporate
results into staffing projections for
budgetary decision making, including
establishing a sufficient and
appropriate overtime budget.

Police 11/1/2024 Started:

The vendor for the staffing assessment, Citygate, has
completed its assessment of call volumes and
staffing levels and has made preliminary
recommendations regarding staffing levels in patrol
operations and several other areas of the
department. Some of these recommendations have
driven budget priorities for this budget cycle.

Delivery of the final report is expected in June 2024.

Started
Officers work
excessive
overtime,
increasing health
and safety risks.

3.1 Update the department overtime
policy to address the fact that there
currently is no limit to the number of
consecutive days worked and
determine the appropriate limit for
overtime that is enforceable with the
goal of avoiding officer fatigue. The
department may examine other
jurisdictions’ overtime limits as
possible criteria.

Police 8/23/2023 Implemented Implemented

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Internal
Officers work
excessive
overtime,
increasing health
and safety risks.

3.2 Work to implement a staffing
software solution that integrates
overtime management and scheduling
software. Develop management
reports that provide timely, accurate,
and complete information on
overtime usage. Develop a process for
filling overtime shifts on a voluntary
and mandatory basis, including
supervisor approval. Build in warnings
for when an individual is approaching
overtime limits and an approval
process for allowing individuals to
exceed limits when deemed necessary
according to the policy.

Police 3/8/2023 Implemented Implemented

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Internal
BPD has no
contracts for
overtime security
with outside
entities.

4.1 Update A.R. 2.10 and other
department policies to explicitly
include guidance around department
agreements for work for outside
entities, which is paid for by
reimbursements to the City from the
outside entities. Internal procedures
should include appropriate criteria to
identify and document the benefit to
the City gained by work for outside
entity agreements, and to allocate
resources in a way that does not
negatively impact City operations.

Additionally, BPD should document
their criteria for when officers are not
available or eligible for work for
outside entities.

Police 5/4/2023 Implemented Implemented
BPD has no
contracts for
overtime security
with outside
entities.

4.2 In consultation with the City Attorney,
create contracts with outside entities
in compliance with City policies and
applicable laws.

Police 8/31/2023 Implemented Implemented

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Internal
BPD has no
contracts for
overtime security
with outside
entities.

4.3 Develop an application for BPD’s
services that is publicly available and
accessible online to any interested
party. Set pay uniformly according to
rank and hourly rate and include a
reasonable fee that covers the
expenses of administering work for
outside entities including workers
compensation, fuel, use of equipment,
and any other actual or potentialcosts
to the City.

Police 4/19/2023 Implemented Implemented
BPD has no
contracts for
overtime security
with outside
entities.

4.4 BPD should reconcile invoices with the
amounts received for work with
outside entities at regular intervals.

BPD should also implement
procedures to check invoices for
errors prior to billing outside entities.

Police 3/29/2023 Implemented Implemented
BPD has no
contracts for
overtime security
with outside
entities.

4.5 Explore ways to clearly account for
different funds to track revenues and
expenses.

Police 9/29/2023 Implemented Implemented

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Communications

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

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

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