Cities Index.
Agenda packet

Berkeley City Council
June 4, 2024

Document
Agenda packet
Meeting
June 4, 2024
Body
Berkeley City Council
Pages
690
Original file
62.6 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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Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2025 Prepared April 2024 for Fiscal Year 2025
APN Owner Si te Address
Private Parcels Tax Exempt Utility Roll
FY 2025 Assessment
057- -2049-038-00 BERKELEY LOFTS LLC 1849 SHATTUCK AVE C2 322.90$ 057- -2023-021-02 BERKELEY TRADITIONAL MUSIC FOU 2026 ADDISON ST 2,240.04$ 057
- -2023-021-03 BERKELEY TRADITIONAL MUSIC FOU 2020 ADDISON ST 2,455.40$ 057- -2025-005-03 BERKELEY REPERTORY THEATRE 2071 ADDISON ST 1,408.04$ 057- -2025-008-00 BERKELEY REPERTORY THEATRE 2025 ADDISON ST 4,395.76$ 057- -2025-023-00 BERKELEY REPERTORY THEATRE 2009 ADDISON ST 12,456.42$ 057- -2046-002-00 REGENCY 2120 BERKELEY WAY LLC 2120 BERKELEY WAY 9,100.90$ 057- -2026-015-00 YOUNG MENS CHRISTIAN ASSOCIATION 2001 ALLSTON WAY 20,216.42$ 057- -2032-010-00 BETTENCOURT CHARLES A & JEANNE K 2109 KALA BAGAI WAY 7,178.98$ 057- -2032-017-00 BERKELEY STATION PARTNERS LLC 130BERKELEY SQ 1,384.50$ 057- -2020-004-00 BERKELEY UNIFIED SCHOOL DISTRICT 1980 ALLSTON WAY 3,527.30$ 057- -2020-005-03 BERKELEY UNIFIED SCHOOL DISTRICT 2223 M L KING JR WAY 20,898.78$ 055- -1894-007-02 BERKELEY UNIFIED SCHOOL DISTRICT 2000 BANCROFT WAY 6,255.86$ 057- -2060-050-01 BROWNING ROBERT P & MAIO LINDA R T 1801 UNIVERSITY AVE A 106.44$ 057- -2060-023-00 BIGGS RALPH E 1801 UNIVERSITY AVE 401 190.68$ 057- -2023-004-00 BOLLIBOKKA SHATTUCK LLC 2144 SHATTUCK AVE 24,861.80$ 057- -2027-012-00 BPR PROPERTIES BERKELEY LLC 2060 ALLSTON WAY C 33,884.72$ 055- -1895-041-00 CA AG LOGAN PARK PROPERTY OWNER 2352 SHATTUCK AVE 25,985.88$ 055- -1895-042-00 CA AG LOGAN PARK PROPERTY OWNER 2370 SHATTUCK AVE 2,797.66$ 057- -2049-030-00 BROOKS JODY & WIGGIN ANNETTE 1849 SHATTUCK AVE 406 96.28$ 057- -2022-008-00 BUTLER LARRY TR 1907 CENTER ST 1,508.20$ 057- -2023-003-00 C & V SHATTUCK LLC 2120 SHATTUCK AVE 1,728.50$ 057- -2060-030-00 CALOCA ROSA N TR 1801 UNIVERSITY AVE 204 190.68$ 057- -2031-009-00 C S COMPANY 2161 SHATTUCK AVE 11,398.46$ 057- -2023-016-01 CENTURY PROPERTIES LLC & SILVEIRA B0 MILVIA ST 1,906.82$ 057- -2034-007-00 CALIF STATE EMPL CR UN 2033 KALA BAGAI WAY 1,651.02$ 055- -1891-012-00 CHAN KUM L & ANDREW TRS & CHAN KU 2429 SHATTUCK AVE 4,777.98$ 055- -1893-011-00 CALIFORNIA FIRST BANK 2107 DURANT AVE 1,069.14$ 055- -1893-012-00 CALIFORNIA FIRST BANK 2333 SHATTUCK AVE 4,505.50$ 057- -2029-015-00 CARLSON SUSAN TR 2138 KITTREDGE ST 2,929.68$ 057- -2030-003-00 CERFAM LLC 2134 ALLSTON WAY 2,555.70$ 057- -2060-040-00 CHANG ANDY T & TERRY L ETAL 1801 UNIVERSITY AVE 307 190.68$ 057- -2032-012-00 CHENG FRANK & DOROTHY 2112 ADDISON ST 4,837.22$ 057- -2016-003-00 CHENG TE C TR 2070 M L KING JR WAY 812.56$ 057- -2060-028-00 CHUA SHIRLEY C & SUISUILYN 1801 UNIVERSITY AVE 303 190.68$ 057- -2017-016-01 CITY OF BERKELEY 2100 M L KING JR WAY 19,684.54$ 057- -2021-001-00 CITY OF BERKELEY 2180 MILVIA ST 17,066.78$ 057- -2021-002-00 CITY OF BERKELEY 0 CENTER ST 17,890.30$ 057- -2022-006-00 CITY OF BERKELEY 1947 CENTER ST 9,935.12$ 057- -2022-020-00 CITY OF BERKELEY 0 CENTER ST 4,277.22$ 057- -2023-020-03 CITY OF BERKELEY 2025 CENTER ST 47,588.62$ 057- -2028-005-00 CITY OF BERKELEY 2031 BANCROFT WAY 3,250.52$ 057- -2028-017-01 CITY OF BERKELEY 2090 KITTREDGE ST 14,739.46$ 057- -2053-022-01 CITY OF BERKELEY 0 BERKELEY WAY 3,015.70$ 057- -2118-001-00 CITY OF BERKELEY 2200 FULTON ST -$
057- -2119-001-00 CITY OF BERKELEY 2200 FULTON STA 8,352.00$ 057- -2122-001-00 CITY OF BERKELEY 2012 BERKELEY WAY 11,199.02$ 057- -2122-002-00 CITY OF BERKELEY BERKELEY WAY 493.88$ 057- -2060-026-00 CORR JAMES C & MICHAELS MARY F TRS1801 UNIVERSITY AVE 402 190.68$ 057- -2122-003-00 CITY OF BERKELEY 2020 BERKELEY WAY 1,493.64$ 057- -2031-001-01 CORE BERKELEY OXFORD LLC 2128 OXFORD ST 5,360.02$ 057- -2031-013-00 CORE BERKELEY OXFORD LLC 2142 CENTER ST 9,254.40$ 057- -2031-014-00 CORE BERKELEY OXFORD LLC 2136 CENTER ST 3,105.98$ 055- -1895-019-01 CPF BERKELEY VARSITY LLC 2024 DURANT AVE 11,432.56$ 057- -2049-021-00 DANG DENNIS H 1849 SHATTUCK AVE 403 96.28$ 055- -1822-003-02 CRESTON DEVELOPMENTS LLC 2514 SHATTUCK AVE 1,865.40$ 057- -2049-020-00 DELBONTA MATTHEW A & BELL JENNIFE 1849 SHATTUCK AVE 303 96.28$ 057- -2026-013-00 CSQ FEE OWNER CA LLC 2168 SHATTUCK AVE 14,245.66$ 057- -2023-026-00 CVBAF ACQ LLC 2055 CENTER ST 43,465.64$

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Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2025 Prepared April 2024 for Fiscal Year 2025
APN Owner Si te Address
Private Parcels Tax Exempt Utility Roll
FY 2025 Assessment
055- -1821-024-02 CYH COMPANY INC 2034 BLAKE ST 3,980.98$ 057- -2120-001-00 DAVID BROWER CENTER 215 0 ALLSTON WAY 6,961.78$ 055
- -1890-012-01 DWIGHT WAY RESIDENTIAL PROPERTY O2107 DWIGHT WAY 13,124.58$ 055- -1892-015-00 DURANT BERKELEY PARTNERS LP 2367 SHATTUCK AVE 1,824.12$ 055- -1892-016-00 DURANT BERKELEY PARTNERS LP 2349 SHATTUCK AVE 3,079.12$ 057- -2031-003-00 DWF VI VMG ALLSTON LLC 2161 ALLSTON WAY 11,695.64$ 057- -2030-009-00 WISE STANLEY & WISE ADDINGTON L JR 2115 KITTREDGE ST $ 7,254.74 057- -2024-004-00 EAST BAY MEDIA CENTER 1939 ADDISON ST 622.44$ 057- -2024-008-01 EAST END INVESTORS GROUP INC 1950 UNIVERSITY AVE 4,283.14$ 055- -1894-006-00 FIGUEROA JOSEFINA D & XAVIER M 2017 DURANT AVE 1,017.96$ 055- -1892-013-01 EASTBOROUGH PROPERTIES LP 2399 SHATTUCK AVE 5,517.40$ 057- -2053-003-01 FIFTH KEIL CO 1998 SHATTUCK AVE 5,392.38$ 057- -2053-003-02 FIFTH KEIL CO 1984 SHATTUCK AVE 1,167.04$ 057- -2022-003-01 FIRST MILVIA LLC 2108 MILVIA ST 1,143.18$ 057- -2022-017-01 FIRST MILVIA LLC 2100 MILVIA ST 14,613.12$ 057- -2026-002-01 FIRST SHATTUCK LLC 2150 SHATTUCK AVE 48,672.10$ 055- -1896-002-00 FUJIKAWA MARK A & GEORGIA TRS & CH2414 SHATTUCK AVE 382.10$ 057- -2026-005-01 FIRST SHATTUCK LLC 2043 ALLSTON WAY 5,846.42$ 055- -1822-009-01 BERKELEY VQOF II SPE LLC 2035 BLAKE ST 11,884.18$ 057- -2026-012-03 FIRST SHATTUCK LLC 2052 CENTER ST 60,382.02$ 057- -2028-002-00 FU JIHWA & JI H TRS 2270 SHATTUCK AVE 2,269.20$ 057- -2049-040-00 GEDR HILLSIDE LLC 2102 DELAWARE ST 5,773.02$ 055- -1896-004-00 2420 SHATTUCK AVENUE LLC 2428 SHATTUCK AVE 1,325.26$ 055- -1895-015-01 GENIRBERG SIBLINGS LLC 2000 DURANT AVE 4,928.62$ 057- -2049-022-00 GIEBELER PERSIS A 1849 SHATTUCK AVE 204 96.28$ 057- -2049-026-00 GILMOUR SUSAN R & THOMAS S 1849 SHATTUCK AVE 305 96.28$ 055- -1892-014-00 GORDON JOHN K & MITCHELL JANIS L TR2375 SHATTUCK AVE 893.66$ 055- -1897-006-00 GORDON JOHN K & MITCHELL JANIS L TR2450 SHATTUCK AVE 4,613.74$ 057- -2024-021-01 GORDON JOHN K & MITCHELL JANIS L TR1952 UNIVERSITY AVE 4,690.56$ 057- -2025-005-02 GORDON JOHN K & MITCHELL JANIS L TR2024 SHATTUCK AVE 6,174.94$ 057- -2025-006-00 GORDON JOHN K & MITCHELL JANIS L TR2036 SHATTUCK AVE 9,060.88$ 057- -2025-019-00 GORDON JOHN K & MITCHELL JANIS L TR2058 UNIVERSITY AVE 2,484.10$ 057- -2025-022-00 GORDON JOHN K & MITCHELL JANIS L TR2014 SHATTUCK AVE 1,728.50$ 057- -2029-011-00 GORDON JOHN K & MITCHELL JANIS L TR2277 SHATTUCK AVE 2,430.18$ 057- -2030-011-00 GORDON JOHN K & MITCHELL JANIS TRS 2225 SHATTUCK AVE 1,124.76$ 057- -2025-004-00 GLYNN EDITH W TR 2020 SHATTUCK AVE 3,137.90$ 057- -2028-014-02 CALIFORNIA COMMUNITY HOUSING AGE 2022 KITTREDGE ST 47,442.24$ 057- -2053-004-02 GLYNN EDITH W TR 2071 UNIVERSITY AVE 2,784.18$ 057- -2034-009-00 GOLDEN CA PROPERTY 1 LLC 2017 KALA BAGAI WAY 1,868.74$ 057- -2049-029-00 GOTTLIEB SHARONA D 1849 SHATTUCK AVE 306 96.28$ 057- -2024-015-03 GREENLINING INSTITUTE 1916 UNIVERSITY AVE 2,544.20$ 057- -2060-036-00 HAMMOND LUCIA TR 1801 UNIVERSITY AVE 206 190.68$ 057- -2059-006-00 HAN CHANG S & YOON J 1941 UNIVERSITY AVE 1,967.40$ 057- -2029-012-00 H DRAKE CORPORATION 2271 SHATTUCK AVE 2,683.84$ 057- -2027-002-02 HEAD LAMA TIBETAN NYINGMA MEDITAT 2210 HAROLD WAY 1,838.38$ 057- -2027-002-03 HEAD LAMA TIBETAN NYINGMA MEDITAT 2018 ALLSTON WAY 6,156.54$ 057- -2027-004-00 HEAD LAMA TIBETAN NYINGMAPA MEDIT2222 HAROLD WAY 14,707.24$ 055- -1821-028-00 HA YANGWON K 2030 BLAKE STA 266.42$
057- -2034-006-00 OKADA BROS INC 2037 KALA BAGAI WAY 7,825.94$ 057- -2031-006-00 HIRAHARA FAMILY LIMITED PARTNERSH 2187 SHATTUCK AVE 5,919.18$ 057- -2016-027-02 HADJIAN SIMIN & PAYVAND ETAL 1840 UNIVERSITY AVE 3,512.70$ 057- -2027-011-00 CA STUDENT LIVING BERKELEY LLC 2070 ALLSTON WAY 12,001.04$ 057- -2060-043-00 HART ELIZABETH 1801 UNIVERSITY AVE 308 190.68$ 057- -2059-010-00 HULTGREN ROBERT P & SUSAN S TRS 1909 UNIVERSITY AVE 1,589.24$ 057- -2049-019-00 HUYNH MATTHEW & REGINA TRS 1849 SHATTUCK AVE 203 96.28$ 057- -2032-015-00 JANTA REALTY INC & BATRA MANJUL TR 2100 KALA BAGAI WAY 1,635.28$ 057- -2060-037-00 HERNANDEZ KARYN L 1801 UNIVERSITY AVE 306 $ 190.68 057- -2027-010-00 HSR BERKELEY INVESTMENTS LLC 2060 ALLSTON WAY A 33,962.78$ 057- -2049-015-00 HU VICTORIA L 1849 SHATTUCK AVE 401 96.28$

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Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2025 Prepared April 2024 for Fiscal Year 2025
APN Owner Si te Address
Private Parcels Tax Exempt Utility Roll
FY 2025 Assessment
055- -1894-002-00 JINDO VENTURES LLC 2037 DURANT AVE 4,224.90$ 057- -2053-001-00 JLLJAR LLC 1950 SHATTUCK AVE 3,563.86$ 057
- -2025-016-00 KAM YIU LAM & SHUN TO LO LAM LP 2042 UNIVERSITY AVE 3,812.10$ 055- -1821-003-00 JOHNSTON STEWART L 2558 SHATTUCK AVE 1,972.64$ 057- -2060-006-00 KAMI BARRY G & CATHY J TRS 1813 UNIVERSITY AVE 2,223.64$ 057- -2060-004-00 KANG BU U & JEONG H TRS & KANG PHIL1823 UNIVERSITY AVE 1,728.22$ 057- -2060-005-00 KANG BU U & JEONG H TRS & KANG PHIL1821 UNIVERSITY AVE 1,375.92$ 055- -1821-004-00 JOHNSTON STEWART L 2576 SHATTUCK AVE 1,134.28$ 057- -2049-023-00 KALOFONOS ANGELIKI & MARIA S 1849 SHATTUCK AVE 304 96.28$ 057- -2032-011-00 KAMENY HARVEY TR 2101 KALA BAGAI WAY 4,315.46$ 057- -2030-008-00 KAO ROGER Y 2117 KITTREDGE ST 2,647.60$ 057- -2032-019-00 KAPLAN EDUCATIONAL CENTERS INC 2144 KALA BAGAI WAY 4,060.44$ 057- -2031-002-00 KASHANI NASSER & PAMELA L TRS 2171 ALLSTON WAY 10,227.82$ 057- -2060-031-00 KEAS MABEL E 1801 UNIVERSITY AVE 304 190.68$ 057- -2060-050-05 KENNEDY PATRICK C & JULIE M TRS 1809 UNIVERSITY AVE 104.48$ 057- -2060-050-06 KENNEDY PATRICK C & JULIE M TRS 1807 UNIVERSITY AVE 111.52$ 057- -2060-050-07 KENNEDY PATRICK C & JULIE TRS 1807 UNIVERSITY AVE A 33.06$ 057- -2060-044-00 KEHRET JOSEPH G 1801 UNIVERSITY AVE 408 190.68$ 057- -2049-034-00 KHO ERIC L 1849 SHATTUCK AVE 208 96.28$ 057- -2053-005-00 KL2067 UNIVERSITY LLC 2067 UNIVERSITY AVE 7,582.62$ 057- -2030-012-00 KOOYMAN STEVEN P& SUSAN J TRS 2219 SHATTUCK AVE 2,628.20$ 057- -2060-003-00 KLATT PETER & JOAN C TRS 1849 UNIVERSITY AVE 2,062.64$ 057- -2049-016-00 LAI ROGER Y 1849 SHATTUCK AVE 202 96.28$ 055- -1896-005-00 LAIR QOZB LLC 2440 SHATTUCK AVE 1,448.56$ 055- -1893-015-01 LAKIREDDY PRASAD R & SANTI 2323 SHATTUCK AVE 3,308.88$ 055- -1897-002-00 LAKIREDDY PRASAD R & SANTI & HANIMI2484 SHATTUCK AVE 9,468.94$ 057- -2024-018-01 LAKIREDDY PRASAD R & SANTI 1942 UNIVERSITY AVE 5,811.68$ 057- -2059-008-00 LAM PAULINE P ETAL 1921 UNIVERSITY AVE 1,310.14$ 057- -2023-012-00 LANGUAGE STUDIES INC 2015 CENTER ST 4,592.22$ 057- -2025-001-00 LAUSON LLC 2000 SHATTUCK AVE 7,147.90$ 057- -2024-011-00 LEE SANG H & CHUNG EUNJUNG 1915 ADDISON ST 2,171.02$ 057- -2049-017-00 LHAKEY PEMA 1849 SHATTUCK AVE 302 96.28$ 057- -2060-024-00 LIN DIANA M TR 1801 UNIVERSITY AVE 202 190.68$ 057- -2049-014-00 MAMIN ADRIENNE & MAMIN HARRY J & M1849 SHATTUCK AVE 301 96.28$ 057- -2034-010-00 LORE BCA 2120 L P 2015 KALA BAGAI WAY 16,533.50$ 057- -2034-011-00 LIU JIM K 2138 UNIVERSITY AVE 2,888.18$ 057- -2060-032-00 LYON DAVID 1801 UNIVERSITY AVE 404 190.68$ 057- -2053-012-00 MAHRAT ABDUL & REEM TRS 1949 MILVIA ST 2,854.18$ 057- -2025-010-01 MAIA HOLDINGS LLC 2001 ADDISON ST 11,619.60$ 057- -2031-004-00 MAGNES MUSEUM FOUNDATION 2121 ALLSTON WAY 12,032.54$ 057- -2060-034-00 MAK KWAN & LISHAN 1801 UNIVERSITY AVE 305 190.68$ 057- -2050-005-00 MALIN ROBERT O INC 1848 SHATTUCK AVE 1,336.96$ 057- -2031-005-00 MARTIN DAVID J & MARILYN R TRS ETAL 2115 ALLSTON WAY 2,361.90$ 057- -2031-007-00 MARTIN DAVID J & MARILYN R TRS ETAL 2181 SHATTUCK AVE 2,683.60$ 057- -2031-008-00 MARTIN DAVID J & MARILYN R TRS E & M 2171 SHATTUCK AVE 4,645.26$ 057- -2051-004-00 MARTIN DAVID J & MARILYN R TRS ETAL 1920 SHATTUCK AVE 1,036.42$ 057- -2060-025-00 MAO YULI 1801 UNIVERSITY AVE 302 $ 190.68 057- -2046-008-04 MCREF ACHENSON LLC 2125 UNIVERSITY AVE 40,520.76$ 057- -2046-011-01 MCREF ACHENSON LLC 1987 SHATTUCK AVE 18,157.52$ 057- -2051-053-00 MARTIN REID & JOHN 1912SHATTUCK AVE 806.72$ 057- -2046-009-00 MCREF BACHENHEIMER LLC 2119 UNIVERSITY AVE 12,180.80$ 057- -2049-036-00 MEJIA CESAR A 1849 SHATTUCK AVE 408 96.28$ 057- -2034-008-00 MEVLANARUMI LLC 2025 KALA BAGAI WAY 1,910.48$ 057- -2033-001-01 MO SHATTUCK LLC 2000 KALA BAGAI WAY 9,057.60$ 057- -2016-002-00 MOAVEN SAGHI TR 2054 M L KING JR WAY 369.94$ 057- -2051-006-01 MORAN EVERETT S JR & CATHARINE TRS1936 SHATTUCK AVE 2,455.74$ 055- -1822-002-01 MMP CHESTNUT LLC 2506 SHATTUCK AVE 1,330.52$ 057- -2051-005-00 NINETEEN HUNDRED TWENTY SIX SHATT1926 SHATTUCK AVE 1,000.56$ 055- -1821-001-01 NATURAL GREEN CORPORATION 2550 SHATTUCK AVE 4,615.06$

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Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2025 Prepared April 2024 for Fiscal Year 2025
APN Owner Si te Address
Private Parcels Tax Exempt Utility Roll
FY 2025 Assessment
057- -2049-031-00 NIRAMOL CHITRCHARATN 2016 LIVING TR1849 SHATTUCK AVE 207 96.28$ 057- -2049-032-00 NISEN FREDERICK P 1849 SHATTUCK AVE 307 96.28$ 057
- -2024-014-00 NORCAL PROPERTIES LLC 1900 UNIVERSITY AVE 4,083.84$ 057- -2060-047-00 VAJJRAVEL MURALLI & RAJALAKSHMI HE1801 UNIVERSITY AVE 409 190.68$ 057- -2016-024-01 OHAY PHILIP L & BARBARA L TRS 1824 UNIVERSITY AVE 3,417.96$ 057- -2120-002-00 OXFORD COMMERCIAL LLC 2200 OXFORD ST 4,059.84$ 057- -2121-001-00 OXFORD PLAZA LP 2175 KITTREDGE ST 17,926.00$ 057- -2016-018-01 P P M&B BERKELEY LLC 1800 UNIVERSITY AVE 2,794.74$ 055- -1820-001-01 PARKERSHATTUCK OWNER LLC 2600 SHATTUCK AVE 14,477.40$ 055- -1821-005-00 PARKERSHATTUCK OWNER LLC 2598 SHATTUCK AVE 1,274.76$ 057- -2028-004-00 PASAND COURTYARD LLC 2276 SHATTUCK AVE 12,223.58$ 057- -2029-014-00 PELEG YORAM & BARBARA L TRS & WEIL 2124 KITTREDGE ST 3,240.30$ 057- -2022-005-01 PERALTA COMMUNITY COLLEGE DISTRIC2118 MILVIA ST 2,811.68$ 057- -2026-010-00 PERALTA COMMUNITY COLLEGE DISTRIC2016 CENTER ST 1,435.10$ 057- -2026-014-00 PERALTA COMMUNITY COLLEGE DISTRIC2048 CENTER ST 27,220.76$ 057- -2060-048-00 PATHMARAJAH CANAGARATNAM TR 1801 UNIVERSITY AVE 210 190.68$ 057- -2026-004-05 LMP SHATTUCK PROPERTY OWNER LLC 2190 SHATTUCK AVE 19,525.10$ 057- -2053-006-00 REDDY HANUMANDLA J & HANUMANDLA 2057 UNIVERSITY AVE 6,454.48$ 057- -2025-021-00 REDDY HANUMANDLA J & HANUMANDLA 2066 UNIVERSITY AVE 6,673.24$ 055- -1891-014-01 REGENTS OF THE UNIVERSITY OF CALIF 2401 SHATTUCK AVE 6,880.16$ 057- -2029-007-02 REGENTS OF THE UNIVERSITY OF CALIF 2113 BANCROFT WAY 4,795.08$ 057- -2032-014-01 REGENTS OF THE UNIVERSITY OF CALIF 2120 OXFORD ST 14,990.70$ 057- -2034-003-00 REGENTS OF THE UNIVERSITY OF CALIF 0 ADDISON ST 812.50$ 057- -2034-004-00 REGENTS OF THE UNIVERSITY OF CALIF 2123 ADDISON ST 269.06$ 057- -2034-012-00 REGENTS OF THE UNIVERSITY OF CALIF 2154 UNIVERSITY AVE 4,466.12$ 057- -2034-014-02 REGENTS OF THE UNIVERSITY OF CALIF 2199 ADDISON ST 73.76$ 057- -2034-014-03 REGENTS OF THE UNIVERSITY OF CALIF 2199 ADDISON ST 29,610.80$ 055- -1894-003-01 PERSIAN CENTER 2029 DURANT AVE 1,039.40$ 057- -2045-002-00 REGENTS OF THE UNIVERSITY OF CALIF 1952 OXFORD ST 2,179.18$ 057- -2045-003-00 REGENTS OF THE UNIVERSITY OF CALIF 1990 OXFORD ST 939.22$ 057- -2047-004-00 REGENTS OF THE UNIVERSITY OF CALIF 1900 OXFORD ST 47,179.14$ 057- -2045-006-00 REGENTS OF THE UNIVERSITY OF CALIF 1925 WALNUT ST 424.38$ 057- -2045-001-00 REGENTS OF THE UNIVERSITY OF CALIF 1921 WALNUT ST 683.82$ 057- -2054-012-01 REGENTS OF UNIVERSITY CALIFORNIA 1995 UNIVERSITY AVE 17,877.88$ 057- -2045-005-00 REGENTS OF THE UNIVERSITY OF CALIF 1933 WALNUT ST 169.86$ 057- -2045-004-00 REGENTS UNIVERSITY OF CALIFORN 2161 UNIVERSITY AVE 2,750.08$ 057- -2023-023-00 RILCO ADDISON LLC 2030 ADDISON ST 11,927.08$ 057- -2023-024-00 RILCO ADDISON LLC 2040 ADDISON ST 5,115.60$ 057- -2049-033-00 RYU DAVID J & WU CHRISTINA L TRS 1849 SHATTUCK AVE 407 96.28$ 055- -1895-018-01 SATELLITE FIRST COMMUNITIES L P 2020 DURANT AVE 2,969.10$ 055- -1896-003-00 2420 SHATTUCK LLC 2420 SHATTUCK AVE 1,533.98$ 057- -2049-028-00 SCHIRLE ANN M TR 1849 SHATTUCK AVE 206 96.28$ 055- -1893-016-00 SEGERBERG KENNETH TR 2301 SHATTUCK AVE 2,499.48$ 057- -2024-016-02 SEVERY MICHELLE A TR & AARONIA MIC 1926 UNIVERSITY AVE 638.24$ 057- -2022-009-02 SHAMSZAD SASHA G & MERIDETH B TRS2105 M L KING JR WAY 2,780.58$ 057- -2022-013-04 SHAMSZAD SASHA G & MERIDETH B TRS1900 ADDISON ST 4,212.56$ 057- -2024-002-02 SHAMSZAD SASHA G & MERIDETH B TRS2020 MILVIA ST 9,390.62$ 057- -2033-003-00 SHAMSZAD SASHA G & MERIDETH B TRS2021 SHATTUCK AVE 7,523.90$ 055- -1891-013-01 SHATTUCK SENIOR HOMES ASSOCIATES2421 SHATTUCK AVE 1,513.20$ 057- -2023-025-00 RUEGG & ELLSWORTH 2072 ADDISON ST 13,699.50$ 055- -1897-001-03 SHATTUCK WICKS PARTNERSHIP LTD 2480 SHATTUCK AVE 2,929.60$ 055- -1822-006-00 SHEN TSUI Y & WU YEU B 2530 SHATTUCK AVE 1,710.46$ 057- -2060-038-00 SHOJI JOSEPH 1801 UNIVERSITY AVE 406 190.68$ 057- -2016-022-00 SHREE LAXMI LLC 1822 UNIVERSITY AVE 3,766.32$ 057- -2053-014-02 SHRIMATIS LIMITED INC 2011 UNIVERSITY AVE 2,361.64$ 057- -2060-045-00 SIKAFFY AMAL 1801 UNIVERSITY AVE 209 190.68$ 055- -1824-016-00 SOUTHWICK TIMOTHY K & SUSAN E TRS 2555 SHATTUCK AVE 1,408.98$ 055- -1892-018-01 SOUTHWICK TIMOTHY K & SUSAN E TRS 2110 DURANT AVE 3,207.42$ 055- -1896-001-00 SOUTHWICK TIMOTHY K & SUSAN E TRS 2410 SHATTUCK AVE 3,655.64$

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Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2025 Prepared April 2024 for Fiscal Year 2025
APN Owner Si te Address
Private Parcels Tax Exempt Utility Roll
FY 2025 Assessment
057- -2060-002-00 SOUTHWICK TIMOTHY SR & SUSAN TRS 1865 UNIVERSITY AVE 3,090.62$ 057- -2032-016-00 SPITZER NORMAN S & MARY J TRS 2115 SHATTUCK AVE 1,591.68$ 057
- -2049-013-00 SONG JIA Y 1849 SHATTUCK AVE 201 96.28$ 057- -2023-017-01 STERLING BERKELEY ADDISON L P 2101 MILVIA ST 3,959.64$ 057- -2030-002-00 STERLING BERKELEY ALLSTON LP 2116 ALLSTON WAY 20,425.84$ 055- -1890-013-02 STERLING BERKELEY HASTE LP 2451 SHATTUCK AVE 13,787.04$ 057- -2025-013-01 BUILDING OWNER 2000 UNIVERSITY 1,298.76$ 057- -2025-014-00 STERLING BERKELEY UNIVERSITY AVE L2004 UNIVERSITY AVE 7,771.10$ 057- -2047-002-01 STERLING BERKELEY OXFORD LP 1910 OXFORD ST 11,180.20$ 057- -2024-001-02 STONEFIRE PARTNERS LLC 1974 UNIVERSITY AVE 16,624.34$ 057- -2049-035-00 SU FU & CHUANG C ETAL 1849 SHATTUCK AVE 308 96.28$ 055- -1823-011-01 SUTTER BAY HOSPITALS 2104 DWIGHT WAY 7,103.56$ 057- -2060-035-00 SWANSON LINDA L 1801 UNIVERSITY AVE 405 190.68$ 057- -2049-025-00 SWEENEY ZEPHYR & DENNIS A 1849 SHATTUCK AVE 205 96.28$ 057- -2060-042-00 SZABO MARSHIKA L 1801 UNIVERSITY AVE 208 190.68$ 057- -2053-008-01 TALAI MOHAMMAD E & KOKAB S TRS & K 2035 UNIVERSITY AVE 5,788.92$ 057- -2060-033-00 TAVAKOLIZADEH MEHDI 1801 UNIVERSITY AVE 205 190.68$ 055- -1824-014-00 THALLAUG KIRSTEN TR & THALLAUG HAA2105 PARKER ST 4,259.10$ 057- -2060-027-00 THEVANAYAGAM SABANAYAGAM & VASU1801 UNIVERSITY AVE 203 190.68$ 057- -2060-049-00 THOMAS HERB TR 1801 UNIVERSITY AVE 310 190.68$ 057- -2049-018-00 TIPHANE GUY TR 1849 SHATTUCK AVE 402 96.28$ 057- -2051-051- 00 TIPPING STEVEN B & ZENIADA L T 1900 SHATTUCK AVE 2,052.30$ 057- -2051-052-00 TIPPING ZENIADA L TR 1908 SHATTUCK AVE 1,040.58$ 057- -2053-007-00 TRILINK REAL ESTATE INVESTMENT & DE2041 UNIVERSITY AVE $ 7,990.62 057- -2025-015-00 U C STUDIOS LP 2018 UNIVERSITY AVE $ 13 ,429.60 057- -20270-05-00 UNITED STATES POSTAL SERVICE 0 MILVIA ST 12,809.64$ 055- -1825-015-02 GLOBAL ALLIANCE FOR PROGRESS LLC 2621 SHATTUCK AVE 7,948.14$ 055- -1825-019-00 GLOBAL ALLIANCE FOR PROGRESS LLC 2609 SHATTUCK AVE 3,535.38$ 057- -2024-012-00 VEDENSKY PROPERTIES LLC 1911 ADDISON ST 2,783.70$ 055- -1893-018-00 VERO PROPERTIES LLC 2126 BANCROFT WAY 1,048.50$ 057- -2051-007-00 VINLAND PROPERTY INVETMENT LLC 2053 BERKELEY WAY 1,308.68$ 057- -2028-003-00 2274 SHATTUCK QOZB LLC 2274 SHATTUCK AVE 15,109.38$ 057- -2060-039-00 WAGELE NICHOLAS 1801 UNIVERSITY AVE 207 190.68$ 057- -2028-012-00 WANDER ROBERT H & INGRID 2235 MILVIA ST 692.32$ 055- -1822-001-00 WONG FRANKLIN & PUI T ETAL 2500 SHATTUCK AVE 1,831.08$ 057- -2060-029-00 WONG MEI L & KUOCHEN 1801 UNIVERSITY AVE 403 190.68$ 057- -2031-010-00 WU SHU F TR 2124 CENTER ST 3,664.44$ 057- -2049-027-00 YANG JUDY C TR & YANG LUCINDA ETAL 1849 SHATTUCK AVE 405 96.28$ 057- -2034-005-00 YANIV GERSHON TR & NEVO DALIA TR 2119 ADDISON ST 5,653.38$ 057- -2059-011-00 YEARWOOD INES L & KAHLIL & RODRIGU1901 UNIVERSITY AVE 1,637.96$ 057- -2053-011-00 YEE DAVID 2017 UNIVERSITY AVE 2,342.96$ 057- -2060-021-00 YEH JENG R & YANG CHINGMEI TRS 1801 UNIVERSITY AVE 201 190.68$ 057- -2029-010-02 YOUNG JAMES C & EDDIE JR 2281 SHATTUCK AVE 1,023.14$ 057- -2029-010-01 YOUNG JAMES C & YOUNG EDDIE JR 2283 SHATTUCK AVE 766.30$ 057- -2022-018-00 YOUNG MENS CHRISTIAN ASSOCIATION 2109 M L KING JR WAY 2,000.34$ 055- -1893-001-00 YU INN N TR 2190 BANCROFT WAY 2,216.00$ 055- -1822-004-00 YU WAH Y & RUI C TRS 2520 SHATTUCK AVE 789.54$ 057- -2023-002-00 ZAC ENTERPRISE LLC 2116 SHATTUCK AVE 2,044.98$ TOTAL: 1,632,513.04$ 428,007.28$ 19,239.14$ Total Count of Properties 343 302 39 2
County Fee @1.7% (on Private Parcels): 27,752.72$
Net Assessment Revenue (Private Parcels): 1,604,760.32$ Total Assessment Revenue: $2,052,007
No
te: Data for APN, Owner, and Land Use from the City's Land Management System is current as of April 10, 2024.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contracts: Fine Art Services Providers for the Public Art Collection

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to execute three contracts and any associated amendments with the following companies for on-call fine art services for the City of Berkeley’s Public Art Collection, for a contract period through June 30, 2026.
 Gizmo Art Production, Inc., for an amount not to exceed $200,000.  ARG Conservation Services for an amount not to exceed $150,000.  Modify the existing Atthowe Fine Art Service for amount not to exceed $400,000 (thereby increasing Contract Number 32300137 by $200,000).

FISCAL IMPACTS OF RECOMMENDATION
Funding ($550,000) for Fine Art Service Provider contracts is available in the Fiscal Year 2024 budget, from the Cultural Trust Fund, fund number: 148-21-208-252-0000- 000-446-612990.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley’s Public Art Collection comprises approximately 50 outdoor, permanently-sited artworks including sculpture, architectural design elements, mosaics, tile artworks, and murals. It also includes over 50 portable artworks such as etchings, paintings, textiles and prints displayed in City buildings. The City is charged with the maintenance and conservation of the existing collection, as well as the acquisition of new artworks through the public art commissioning process.

Many consulting services are needed to carry out this work on an ongoing basis. This includes specialized artwork conservation, storage, fabrication, framing, transportation, installation, audio/visual services, and documentation. It also includes curatorial, project management and registrar services specific to the field of public art. As the Civic Arts Program continues to expand its capacity to deliver more public artwork to the City while continuing to care for the existing collection, the demand for these contracted services has increased.

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BACKGROUND
On February 24, 2021, Civic Arts Program staff issued Request for Qualifications (RFQ) Specification No. 21-11438-C, for a Prequalified Pool of Fine Art Services Providers.

The following services were included in the RFQ:

A. Contractors to install and de-install large-scale works of public art B. Fine Art Conservators
C. Art Care Technicians, Audio Visual Technicians, and Artwork Preparators D. Fine Art Transportation and Storage
E. Art Photography, Videography, Graphic Design, Computer Aided Design (CAD) for Artwork Placement Renderings, Digital Imaging, and Sign Makers F. Fine Art Framing Services
G. Fine Art Fabrication
H. Public Art Curation and Project Management
I. Art Collection Registrar Services
A panel comprised of City staff and an outside arts professional evaluated and scored 30 applicants to establish a prequalified pool of contractors that met the requirements for each service category. On May 23, 2023, Council authorized contract amounts for the following prequalified service providers:
 Atthowe Fine Art Services, for an amount not to exceed $200,000.  Kala Art Institute, for an amount not to exceed $100,000.  Preservation Arts LLC, for an amount not to exceed $200,000.  ShipArt International (DBA UOVO), for an amount not to exceed $100,000.

Over the next two fiscal years (FY2025 and FY2026), the Civic Arts Program anticipates it will require a range of the additional services listed in the RFQ. Based up analysis of upcoming project needs, new contracts will be needed with Gizmo Art Production, Inc., for an amount not to exceed $200,000 and ARG Conservation Services for an amount not to exceed $150,000. Finally, the existing contract with Atthowe Fine Art Services must be increased by $200,000 for a new total contract amount not to exceed $400,000.

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

RATIONALE FOR RECOMMENDATION
The teams assembled by Gizmo Art Production, Inc, ARG Conservation Services, and Atthowe Fine Art Services are highly qualified to perform the work needed to care for

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the City’s Public Art Collection. They have particular expertise in artwork conservation; artwork storage; artwork fabrication; artwork framing; artwork transportation; artwork installation; audio/visual services; artwork documentation; curatorial services; project management; and registrar services.

ALTERNATIVE ACTIONS CONSIDERED
There were no alternative actions considered.

CONTACT PERSON
Mark Salinas, Civic Arts, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution for contract with Gizmo Art Production, Inc 2: Resolution for contract with ARG Conservation Services 3: Resolution for contract amendment with Atthowe Fine Art Services

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

CONTRACT WITH GIZMO ART PRODUCTION, INC. FOR FINE ART SERVICES WHEREAS, The City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, The City of Berkeley’s Civic Arts Program issued Request for Qualifications Specification No. 21-11438-C, and established a Prequalified Pool of Fine Art Service Providers that includes Gizmo Art Production, Inc; and
WHEREAS, Funding for specific tasks will be identified and work requested as public art collection projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Gizmo Art Production, Inc. for on-call fine art services for the contract period through June 30, 2026 in an amount not to exceed $200,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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

CONTRACT WITH ARG CONSERVATION SERVICES FOR FINE ART SERVICES WHEREAS, The City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, The City of Berkeley’s Civic Arts Program issued Request for Qualifications Specification No. 21-11438-C, and established a Prequalified Pool of Fine Art Service Providers that includes ARG Conservation Services; and
WHEREAS, Funding for specific tasks will be identified and work requested as public art collection projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with ARG Conservation Services for on-call fine art services for the contract period through June 30, 2026 in an amount not to exceed $150,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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

AMEND CONTRACT WITH ATTHOWE FINE ART SERVICES FOR ON-CALL FINE

ART SERVICES
WHEREAS, The City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, The City of Berkeley’s Civic Arts Program issued Request for Qualifications Specification No. 21-11438-C, and established a Prequalified Pool of Fine Art Service Providers that includes Atthowe Fine Art Services; and
WHEREAS, The City of Berkeley previously entered into Contract Number 32300137 with Atthowe Fine Art Services, dated January 15, 2023; and WHEREAS, The City of Berkeley anticipates that over the next two fiscal years (FY25 and FY26) it will require additional services listed in the RFQ; and WHEREAS, Funding for specific tasks will be identified and work requested as public art collection projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment of $200,000 thereto with Atthowe Fine Art Services for on-call fine art services for the contract period through June 30, 2026 for a revised not-to-exceed amount of $400,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0048%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0048% will result in estimated collections of $1,350,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2025 and September 1, 2025.

CURRENT SITUATION AND ITS EFFECTS
The 0.0048% tax rate for FY 2025 being set by the City Council is based on the debt service, the estimated FY 2025 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County's final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2025 is a decrease in the rate charged in FY 2024.

Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2025 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.

It is recommended that the City Council authorize a FY 2025 tax rate of 0.0048% which will result in the following cost to the average homeowner during FY 2025:

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FY 2025 Tax Rate: Fund Debt Service on Neighborhood CONSENT CALENDAR Branch Library Improvements Project General Obligation June 4, 2024 Bonds (Measure FF, November 2008 Election)

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Annual Tax
Assessed
Value FY 2024 Tax FY 2025 Tax
$150,000 $7.50 $7.20
250,000 12.50 12.00
300,000 15.00 14.40
400,000 20.00 19.20
500,000 25.00 24.00
600,000 30.00 28.80
700,000 35.00 33.60
800,000 40.00 38.40
900,000 45.00 43.20
1,000,000 50.00 48.00

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

BACKGROUND
In November 2008, the residents of Berkeley voted for and approved Ballot Measure FF, in the sum of $26,000,000 of General Obligation Bonds to renovate, expand, and make seismic and access improvements at the four neighborhood branch libraries (excluding the Central Library).

The indebtedness on the total bonds issued of $26,000,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to renovate, expand, and make seismic and access improvements at the four neighborhood branch libraries (excluding the Central Library). $10,000,000 of the $26,000,000 in authorized bonds were issued in 2009, and the remaining $16,000,000 of bonds were issued in 2010. The tax rate above reflects the debt service payments for the fiscal year.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7301 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FY 2025 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE

NEIGHBORHOOD BRANCH LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS (MEASURE FF, NOVEMBER 2008 ELECTION) IN THE CITY OF

BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for the debt service on the General Obligation Bonds is set at 0.0048%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,350,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the outstanding General Obligation Bonds.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0064%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0064% will result in estimated collections of $1,800,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2025 and September 1, 2025.

CURRENT SITUATION AND ITS EFFECTS
The 0.0064% tax rate for FY 2025 being set by the City Council is based on the current debt service, the estimated FY 2025 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2025 is a decrease in the rate charged in FY 2024.

Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2025 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.

It is recommended that the City Council authorize a FY 2025 tax rate of 0.0064% which will result in the following cost to the average homeowner during FY 2025:

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FY 2025 Tax Rate: Fund Debt Service on Street and CONSENT CALENDAR Integrated Watershed Improvements (Measure M, November June 4, 2024 2012 Election)

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Annual Tax
Assessed
Value FY 2024 Tax FY 2025 Tax
$150,000 $9.75 $9.60
250,000 16.25 16.00
300,000 19.50 19.20
400,000 26.00 25.60
500,000 32.50 32.00
600,000 39.00 38.40
700,000 45.50 44.80
800,000 52.00 51.20
900,000 58.50 57.60
1,000,000 65.00 64.00

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

BACKGROUND
In November 2012, the residents of Berkeley voted for and approved Ballot Measure M, for the sum of $30,000,000 of General Obligation Bonds to accelerate street repaving and rehabilitation consistent with the 5-Year Street Rehabilitation Plan, integrating green infrastructure to the extent feasible. Green infrastructure includes but is not limited to: (a) surface level bio-retention measures (rain gardens, swales, bio-retention cells, permeable paving, etc.) within the parking strip, planter area of sidewalks, red zone curb-extensions, and in street medians as feasible; and (b) large underground storage pipes, which would fill during storm events and then discharge metered flows into the existing storm drain pipelines.
$15,000,000 of the $30,000,000 in authorized bonds were issued in 2014, and the remaining $15,000,000 of bonds were issued in 2016. The tax rate above reflects the debt service payments for the fiscal year.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7301 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE STREET AND WATERSHED IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE M, NOVEMBER 2012 ELECTION) IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for debt service on the General Obligation Bonds is set at 0.0064%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,800,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the outstanding General Obligation Bonds.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0111%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0111% will result in estimated collections of $3,100,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2025 and September 1, 2025.

CURRENT SITUATION AND ITS EFFECTS
The 0.0111% tax rate for FY 2025 being set by the City Council is based on the current debt service, the estimated FY 2025 assessed values for all rolls (secured, unsecured, and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2025 is a decrease in the rate charged in FY 2024.

Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2025 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.

It is recommended that the City Council authorize a FY 2025 tax rate of 0.0111% which will result in the following cost to the average homeowner during FY 2025:

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FY 2025 Tax Rate: Fund Debt Service on the Consolidated CONSENT CALENDAR General Obligation Bonds (Elections of 1992, 1996, 2002) June 4, 2024

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Annual Tax
Assessed
Value FY 2024 Tax FY 2025 Tax
$150,000 $17.25 $16.65
250,000 28.75 27.75
300,000 34.50 33.30
400,000 46.00 44.40
500,000 57.50 55.50
600,000 69.00 66.60
700,000 80.50 77.70
800,000 92.00 88.80
900,000 103.50 99.90
1,000,000 115.00 111.00

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

BACKGROUND
Measure G
On November 3, 1992, the voters of the City of Berkeley approved the incurring of bonded indebtedness for fire safety and seismic improvements to emergency facilities (Measure G). This indebtedness was not to exceed an aggregate principal amount of $55,000,000. The Series A Bonds in the amount of $8,000,000 were issued on June 1, 1993; Series B Bonds in the amount of $14,000,000 were issued on July 25, 1995; and Series C bonds in the amount of $10,500,000 were issued on July 1, 1997.

The indebtedness on the total bonds issued of $32,500,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to pay for, among other things, “repairing and seismic retrofitting of existing fire stations, the Public Safety Building, which contains the City communication center, and the Emergency Operations Center (EOC).” On November 1, 2002, the City issued $17,865,000 in General Obligation refunding bonds to refund the 1993 Measure G (Series A) and 1995 Measure G (Series B) General Obligation bonds. In May 2007, the City issued $4,340,000 in refunding bonds to refund the 1997 Measure G, (Series C) General Obligation bonds.

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FY 2025 Tax Rate: Fund Debt Service on the Consolidated CONSENT CALENDAR General Obligation Bonds (Elections of 1992, 1996, 2002) June 4, 2024

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Measure S
On November 5, 1996, the voters of the City of Berkeley approved incurring a total of $49,000,000 bonded indebtedness to ensure the safety of its public and employees and to revitalize downtown.

The indebtedness is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds were used to restore, expand and make the Main Library earthquake-safe and improve disabled access to it; to internally retrofit and increase disabled accessibility to Martin Luther King Jr., Civic Center Building; and to install landscaping, street improvements, street lighting, and other related capital improvements within the downtown area of Berkeley.

On June 4, 1997 Series A Bonds in the amount of $10,000,000 were issued; on December 1, 1998 Series B Bonds in the amount of $25,000,000 were issued; and on August 1, 1999 Series C Bonds in the amount of $14,000,000 were issued. In May 2007, the City issued $41,245,000 in refunding bonds to refund the 1997, 1998, and 1999 Measure S (Series A, B, and C) General Obligation bonds.

Measure I
In November 2002, the residents of Berkeley voted for and approved Ballot Measure I, in the sum of $7,200,000 of General Obligation Bonds to acquire property, if necessary, and to construct or rehabilitate a building for an animal shelter that meets the requirements of state law.

The indebtedness on the total bonds issued of $7,200,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to acquire property, and to construct a building for an animal shelter that meets the requirements of state law.

The General Obligation Bonds in the amount of $7,200,000 were issued on January 9, 2008.

All bonds were consolidated in a refinancing completed on July 15, 2015, including the issuance of $36,680,000 in general obligation refunding bonds.

The tax rate above reflects the debt service payments for the fiscal year.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7301 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FY 2025 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE 2015 REFUNDING GENERAL OBLIGATION BONDS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for the debt service on the 2015 Refunding General Obligation Bonds - Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0111%.

Section 2. The Tax Rate will be based on estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,100,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on Refunding General Obligation Bonds.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0136%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0136% will result in estimated collections of $3,800,000. This amount will be sufficient to make the debt service payments on the 2017 Series A and 2021 Series B Bonds with debt service on March 1, 2025 and September 1, 2025.

CURRENT SITUATION AND ITS EFFECTS
The 0.0136% tax rate for FY 2025 being set by the City Council is based on the current debt service of the Series A and Series B Bonds, the estimated FY 2025 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2025 is a decrease in the rate charged in FY 2024.

Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2025 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.

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FY 2025 Tax Rate: Fund Debt Service on Infrastructure and CONSENT CALENDAR Facilities Improvements (Measure T1, November 2016 Election) June 4, 2024

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It is recommended that the City Council authorize a FY 2025 tax rate of 0.0136% which will result in the following cost to the average homeowner during FY 2025:

Annual Tax
Assessed
Value FY 2024 Tax FY 2025 Tax
$150,000 $21.00 $20.40
250,000 35.00 34.00
300,000 42.00 40.80
400,000 56.00 54.40
500,000 70.00 68.00
600,000 84.00 81.60
700,000 98.00 95.20
800,000 112.00 108.80
900,000 126.00 122.40
1,000,000 140.00 136.00

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

BACKGROUND
In November 2016, the residents of Berkeley voted for and approved Ballot Measure T1, for the sum of $100,000,000 of General Obligation Bonds to make infrastructure and facility improvements. The pace of financing and tax rate will be determined based on the overall growth of the City’s assessed value and the total outstanding general obligation bond debt service such that the total combined tax rate (for general obligation bond repayment will not exceed 0.0492% which represents the 10-year historical tax rate as of June 2016).

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7301 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE INFRASTRUCTURE AND FACILITIES IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE T1, NOVEMBER 2016 ELECTION) IN THE CITY OF

BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for debt service on the General Obligation Bonds is set at 0.0136%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,800,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the proposed General Obligation Bonds.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at

0.0250%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0250% will result in estimated collections of $6,900,000. This amount will be sufficient to make the debt service payments on the 2020 Series A, and 2022 Series B Bonds with debt service due March 1, 2025 and September 1, 2025.

CURRENT SITUATION AND ITS EFFECTS
The 0.0250% tax rate for FY 2025 being set by the City Council is based on the debt service of the Series A and Series B Bonds, the estimated FY 2025 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency.

Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2025 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.

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FY 2025 Tax Rate: Fund Debt Service on Affordable Housing CONSENT CALENDAR General Obligation Bonds (Measure O, November 2018 Election) June 4, 2024

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It is recommended that the City Council authorize a FY 2025 tax rate of 0.0250% which will result in the following cost to the average homeowner during FY 2025:

Assessed
Value FY 2024 Tax FY 2025 Tax
$150,000 $37.50 $37.50
250,000 62.50 62.50
300,000 75.00 75.00
400,000 100.00 100.00
500,000 125.00 125.00
600,000 150.00 150.00
700,000 175.00 175.00
800,000 200.00 200.00
900,000 225.00 225.00
1,000,000 250.00 250.00

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

BACKGROUND
In November 2018, the residents of Berkeley voted for and approved Ballot Measure O, for the sum of $135,000,000 of General Obligation Bonds to create and preserve affordable housing for low-income households, working families, and individuals including teachers, seniors, veterans, the homeless, and persons with disabilities.

The first series of bonds was issued in April 2020. The second series was issued in May 2022.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7301 Attachments:
1: Ordinance
Annual Tax

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE AFFORDABLE HOUSING GENERAL OBLIGATION BONDS (MEASURE O, NOVEMBER 2018 ELECTION) IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for debt service on the General Obligation Bonds is set at 0.0250%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $6,900,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the proposed General Obligation Bonds.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Business License Tax on Large Non-Profits

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for Business License Tax on large non-profits at $0.8207 (82.07 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The increase in the tax rate from $0.7909 (79.09 cents) per square foot of improvements in FY 2024 to $0.8207 (82.07 cents) per square foot of improvements in FY 2025, based on the Consumer Price Index (CPI) of 3.767% will result in estimated total collections of approximately $597,829 from $576,121 in FY 2024.

CURRENT SITUATION AND ITS EFFECTS
The non-profit organizations with over 120,000 square feet of business improvements were taxed at a rate of $0.7909 (79.09 cents) in FY 2024, as approved by the voters with Measure S on November 2, 2010. That measure also approved the indexing of tax for inflation, based on the higher of Personal Income Growth or the Consumer Price Index in May. The PIG reported on April 30, 2024 was 3.62% while the CPI reported on May 15, 2024 by the U.S. Department of Labor’s Bureau of Labor Statistics was 3.767%.

BACKGROUND
In 1994, the voters of California adopted Article XIII, Section 26 of the California Constitution, which prohibits local governments from taxing non-profit organizations based on their gross receipts. Prior to this date, the City’s business license tax ordinance had imposed a gross receipts tax on non-profit organizations, which raised approximately $250,000 per year. Article XIII, Section 26 does not prohibit local agencies from taxing non-profit organizations on bases other than gross receipts. On November 3, 1998, the voters approved Measure G with over 61% of the votes cast.

Measure G amended the City’s business license tax ordinance to impose a charge of $0.51 (51 cents) on the square footage of business improvements over the first 120,000 square feet, and would be indexed for inflation annually for the following year in May, by the greater of the increase in the cost of living in the immediate San Francisco Bay Area

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FY 2025 Tax Rate: Business License Tax on Large Non-Profits CONSENT CALENDAR June 4, 2024

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or per capita personal income growth in the state, as verified by official United States Bureau of Labor Statistics.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7301
Attachments:
1: Ordinance

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ORDINANCE NO. - N.S.

SETTING THE FY 2025 MUNICIPAL TAX RATE FOR THE CITY OF BERKELEY FOR

BUSINESS LICENSE TAX ON LARGE NON-PROFITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The rate of tax for the FY 2025 business license tax on large non-profits is as follows:
$0.8207 per square foot of improvements over 120,000 square feet Section 2. This tax rate will result in estimated total collections of $597,829.

Section 3. This Ordinance shall take effect and be in full force from and after its final passage.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2210 (22.10 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.2210 per square footage will result in estimated collections of $18,297,945 for the Park Tax Fund. The increase in the tax rate of $0.0080 per square foot will result in a $15.20 annual increase for the citywide average 1900 square foot home.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax of $0.2130 is being adjusted by the Consumer Price Index of 3.767% as authorized on November 3, 2020, by voter approved Measure LL as the voters approved the greater of the Consumer Price Index in the immediate San Francisco Bay Area of

3.767% or Personal Income Growth increase in California of 3.620%.

It is recommended that City Council authorize the levy of a special tax of $0.2210 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during FY 2025, as compared with the amounts for FY 2024:

Annual Tax
Square Feet FY 2024 FY 2025
1,200 $255.60 $265.20
1,500 319.50 331.50
1,900 404.70 419.90
3,000 639.00 663.00
3,900 830.70 861.90
10,000 2130.00 2210.00

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FY 2025 Tax Rate: Fund the Maintenance of CONSENT CALENDAR Parks, City Trees, and Landscaping June 4, 2024

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BACKGROUND
On May 6, 1997, the voters of the City of Berkeley approved a special tax solely to provide funding for the direct cost of acquisition and maintenance of improvements related to parks and landscaping in the City of Berkeley. As a result of the requirements of State Proposition 218, this special tax replaced the annual revenue previously generated by the Citywide Landscape Assessment District.

The tax may be increased or decreased annually in May, according to the greater of the increase or decrease in the cost of living in the immediate San Francisco Bay Area or personal income growth in the state of California, as verified by official United States economic reports.

On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Parks Maintenance tax as approved by the voters.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7301
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND MAINTENANCE

OF PARKS, CITY TREES AND LANDSCAPING IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 Tax Rate for the maintenance of parks, City trees and landscaping is set at $0.2210 per square foot of taxable improvements.

Section 2. The cost to the taxpayer during FY 2025 will be $265.20 for a 1,200 square foot home and $663.00 for a 3,000 square foot home.

Section 3. This Tax Rate will result in estimated total collections of $18,297,945.

Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.

Section 5. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0468 (4.68 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.0468 per square footage will result in estimated total collections of $3,874,480 for the Emergency Medical Services fund. The increase in the tax rate of $0.0017 per square foot will result in a $3.23 annual increase for the citywide average 1900 square foot home.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax of $.0451 is being adjusted by the increase in the Consumer Price Index in the immediate San Francisco Bay Area of 3.767%, as authorized by the voters on May 6, 1997.

It is recommended that the City Council authorize the levy of a special tax of $0.0468 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during Fiscal Year 2025, as compared with amounts for FY 2024:

Annual Tax
Square Feet FY 2024 FY 2025
1,200 $54.12 $56.16
1,500 67.65 70.20
1,900 85.69 88.92
3,000 135.30 140.40
3,900 175.89 182.52
10,000 451.00 468.00

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FY 2025 Tax Rate: Fund the Provision of Emergency Medical Services CONSENT CALENDAR June 4, 2024

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BACKGROUND
On May 6, 1997, the voters authorized the City to replace the Emergency Medical Services Assessment District, with an Emergency Medical Services Tax. On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Emergency Medical Services tax.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7301
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND THE PROVISION

OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 Tax Rate for Emergency Medical Services is set at $0.0468 per square foot of taxable improvements.

Section 2. The cost to taxpayers during FY 2025 will be $56.16 for a 1,200 square foot home and $140.40 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $3,874,480.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding the provision of emergency services for the disabled at $0.02094 (2.094 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.02094 will result in estimated collections of $1,773,706 for the fund. The increase in the tax rate of $0.00076 per square foot will result in a $1.45 annual increase for the citywide average 1900 square foot home.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax of $0.02018 is being adjusted by the Consumer Price Index in the immediate San Francisco Bay Area of 3.767% (or $0.03767) as the voters approved the greater of the of the Consumer Price Index in the immediate San Francisco Bay Area of

3.767% or Personal Income Growth increase in California of 3.620%.

It is recommended that the City Council authorize the levy of a special tax of $0.02094 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during Fiscal Year 2025, as compared with amounts for FY 2024:

Square Feet
Annual Tax
FY 2024 FY 2025
1,200 $24.22 $25.13
1,500 30.27 31.41
1,900 38.34 39.79
3,000 60.54 62.82
3,900 78.70 81.67
10,000 201.80 209.40

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FY 2025 Tax Rate: Fund Emergency Services for the Severely Disabled CONSENT CALENDAR June 4, 2024

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BACKGROUND
The Emergency Services for the Severely Disabled Tax (Measure E) was passed by the voters in November 1998. The tax is used to provide emergency services and incidental case management for severely physically disabled persons. The City Council is authorized to increase the tax rate by the greater of the Consumer Price Index in the immediate San Francisco Bay Area or Personal Income Growth in California.

On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re- authorize the City, for a period of four (4) years through FY 2024, to spend the emergency services for the severely disabled tax.

ALTERNATIVE ACTIONS CONSIDERED
The City Council may consider maintaining the current tax rate of $0.02018 with projected revenue of $1,673,845 and no increase to property owners. Or, the City Council may consider increasing the tax rate by the Personal Income Growth increase in California of 3.620%. This would result in projected revenue of $1,731,250 and an increase of $1.39 for the citywide average 1900 square foot home.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7301
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND EMERGENCY

SERVICES FOR THE SEVERELY DISABLED IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 Tax Rate to fund emergency services for severely disabled persons is set at $0.02094 per square feet of improvements.

Section 2. The cost to taxpayers during FY 2025 will be $25.13 for a 1,200 square foot home and $62.82 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $1,733,706.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department David Sprague, Fire Chief, Fire Department
Subject: FY 2025 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1220 (12.20 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy rate of the recommended $0.1220 per square foot of improvements is projected to yield approximately $10,102,578 in revenues.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax rate of $0.1176 is being adjusted by the Consumer Price Index of

3.767% based on Berkeley Municipal Code 7.83.020 as adopted by the City Council under Ordinance No. 7,745-N.S. on June 16, 2020. Measure FF is a special parcel tax for firefighting, emergency medical response and wildfire prevention that limits the annual tax rate based on the greater of the increase in the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in California. It is estimated that the tax will cost taxpayers the following amounts for FY 2025, as compared with FY 2024:

Square
Feet FY 2024 FY 2025
1,200 $ 141.12 $ 146.40
1,500 176.40 183.00
1,900 223.44 231.80
3,000 352.80 366.00
3,900 458.64 475.80
10,000 1,176.00 1,220.00

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FY 2025 Tax Rate: Fund Firefighting, Emergency Medical CONSENT CALENDAR Response and Wildfire Prevention (Measure FF) June 4, 2024

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BACKGROUND
Measure FF authorized a special parcel tax for the purpose of funding firefighter and emergency medical response, upgrades to the 9-1-1 dispatch system, hazard mitigation, and wildfire prevention and preparedness activities.

In 2008, voters passed Measure GG to stop fire stations from being closed and services from being reduced, in the context of a major economic downturn. Measure GG designated the Disaster and Fire Safety Commission a formal oversight role, the duties of which are replicated, with respect to Measure FF, through the passage of this Council item.

Now, with rising challenges from climate change and fires, bigger demands on our emergency services, and the worst economic downturn since the Great Depression, Measure FF was placed on the November 2020 ballot by a unanimous vote of the City Council and it was approved by voters, to provide funds to modernize the City’s 9-1-1 dispatch system, upgrade equipment, hire additional paramedics, improve emergency alert systems and continue to clear fire fuels, among other things.

The effective date for this tax was January 1, 2021. The City will raise approximately $10,102,578 for FY 2025.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, (510) 981-7301 David Sprague, Fire Chief, (510) 981-5500
Attachments:
1: Ordinance

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

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND FIREFIGHTING,

EMERGENCY MEDICAL RESPONSE AND WILDFIRE PREVENTION (MEASURE FF)

IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate to provide for the costs incurred for the firefighting, emergency medical response and wildfire prevention (Measure FF) is set at 0.1220 per square foot of improvements.

Section 2. The cost to taxpayers during FY 2025 will be $146.40 for a 1,200 square foot dwelling and $366.00 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $10,102,578.

Section 4. 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.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Temporary Appropriations FY 2025

RECOMMENDATION
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2024, until the effective date of the FY 2025 Annual Appropriations Ordinance.

FISCAL IMPACTS OF RECOMMENDATION
The financial implications are already stated in the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
A temporary appropriation of funds is required to permit expenditures until the effective date of the Annual Appropriation Ordinance, which occurs 30 days after the second reading. Section 54, Article X of the Charter of the City of Berkeley authorizes such temporary appropriations.

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

BACKGROUND
The budget is scheduled for adoption on June 25, 2024, and the Annual Appropriations Ordinance is to be passed on the same day with a required second reading on July 9 2024.

A temporary appropriation of funds is required to permit expenditures until the effective date of the Annual Appropriations Ordinance, which occurs approximately 30 days after the second reading (i.e., August 12). The sum appropriated, when expended, shall be chargeable to the Annual Appropriations Ordinance for FY 2025 when the budget has been adopted, and said Ordinance has been passed.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7300
Attachments:
1: Resolution

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

AUTHORIZING A TEMPORARY APPROPRIATION FOR PAYROLL AND OTHER EXPENSES FROM JULY 1, 2024 UNTIL THE EFFECTIVE DATE OF THE FISCAL YEAR 2025 ANNUAL APPROPRIATIONS ORDINANCE
WHEREAS, the City Charter of the City of Berkeley grants authority to the City Council to annually adopt an appropriations ordinance, to pay the expenses of conducting the business of City government for the next ensuing fiscal year; and WHEREAS, the Annual Appropriations Ordinance to be passed on June 25, 2024 will not be effective earlier than August 10, 2024.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that $50,000,000 be appropriated from available funds for payroll and other expenses from July 1, 2024 until the effective date of the FY 2025 Annual Appropriations Ordinance, chargeable to the appropriations for FY 2025.

BE IT FURTHER RESOLVED that it is the purpose and intent of this Resolution to make available funds as provided by Section 54, Article X, of the Charter of the City of Berkeley pending final adoption of the Annual Appropriations Ordinance for FY 2025.

BE IT FURTHER RESOLVED that the sum hereby appropriated shall, when expended, be chargeable to the appropriations of said fiscal year, when said Ordinance has been finally passed and adopted.

BE IT FURTHER RESOLVED that temporary inter-fund transfers be made as necessary to make funds available to carry out said purposes and intent of this resolution pending final adoption of said Ordinance.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract No. 32300165 Amendment: KLD Associates: Evacuation and Emergency Response Analysis

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend to Contract No. 32300165 with KLD Engineering, P.C. for evacuation and response time modeling to reassign to KLD Associates through June 30, 2026, and to provide an option to extend for an additional five (5) years and add $200,000, making initial term plus extension NTE $600,000 through June 30, 2031.

FISCAL IMPACTS OF RECOMMENDATION
This resolution authorizes an additional $200,000 in expenditures beyond what the Council approved on March 14, 2023 in Resolution 70,712-N.S. All funds required to pay for this contract are in the Department’s baseline operating budget. Funding sources may include but are not limited to: Measure FF, UC Settlement, and the General Fund.

CURRENT SITUATION AND ITS EFFECTS
The City is partway through work with a contractor to perform a novel evacuation and response time analysis. During the course of the contract work, five key changes occurred:

1. The original contract was executed in March 2023 with KLD Engineering, P.C. In July 2023, KLD Engineering, P.C. reached a strategic agreement to transfer its evacuation and emergency planning business line to KLD Associates. As part of this transfer, the professional staff working on the project with the City also transferred to KLD Associates;

2. Staff from the Planning & Development Department identified a need to use this contract to assess impacts to evacuation and response times from other projects that would increase infill development;

3. Draft reports to help meet State evacuation planning requirements required additional analysis beyond what was originally envisioned;

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4. Staff determined that ongoing as-needed analysis would be required beyond the contract’s original extended expiration date; and

5. The County of Santa Barbara is not extending its contract (on which the City of Berkeley piggybacked) with KLD Engineering, P.E.

BACKGROUND
On May 18, 2023, the City executed a contract with KLD Engineering, P.E. for traffic evacuation and evacuation modeling services. This contract piggybacked on a County of Santa Barbara contract which expires on June 30, 2024.

This work is required by the State of California within SB 99, AB 747, and AB 1409. The City also requires related professional services in the areas of traffic and evacuation modeling and planning to help the community make informed decisions about the impacts of future transportation projects on evacuations, responder ingress during evacuations, and daily responder response times to emergencies of various types.

This contract is designed to achieve three objectives: (1) to analyze the City’s primary evacuation routes to understand their capacity, safety, and viability under emergency scenarios; (2) to provide an analysis of any public safety impacts resulting from projected development of new accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and their associated extra vehicles in the Very High Fire Hazard Severity Zone (VHFHSZ); and (3) to analyze the impact of some recently completed, planned, and proposed (as needed) roadway projects have on evacuation capacity, responder ingress during evacuation, and to daily emergency apparatus response times.

Thus far, KLD Engineering, P.E. staff has been working with City staff to create the underlying architecture necessary for these analyses: they have conducted a road survey, created a link-node analysis network, completed a demographic survey, gathered and analyzed data for evacuation scenarios, and conducted analysis to assist with compliance with State evacuation laws (SB 99, AB 747, and AB1409).

The team at KLD Associates has significant experience in evacuation and response time modeling and since 2023 has been providing the City with evacuation services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified environmental sustainability or climate related impacts to this work.

RATIONALE FOR RECOMMENDATION
Staff from KLD Associates has performed this work for the first year of the contract with KLD Engineering, P.E. This team has already developed a detailed traffic model that will underly any evacuation time studies. This team has collected and begun analysis on voluminous data from response apparatus. This team has deep familiarity with the Berkeley community, key sites, hazards, and other data that will inform evacuation and

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response times. Due to this and the specific experience with the City of Berkeley listed above, competing for this service is not amenable.

ALTERNATIVE ACTIONS CONSIDERED
Competing for the service was considered, however, the specific experience with the City outweighs market competition for this contract period.

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:
1: Resolution

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

CONTRACT NO. 32300165AMENDMENT: KLD ENGINEERING, P.C. FOR

EVACUATION AND RESPONSE ANALYSIS
WHEREAS, on May 18, 2023, the City executed Contract No. 32300165 with KLD Engineering, P.E. for traffic evacuation and evacuation modeling services; and

WHEREAS, this contract piggybacked on a County of Santa Barbara contract which expires on June 30, 2024; and

WHEREAS, the County of Santa Barbara is not extending its contract (on which the City of Berkeley piggybacked) with KLD Engineering, P.E.; and

WHEREAS, this work is required by the State of California within SB 99, AB 747, and AB 1409; and

WHEREAS, in July 2023, KLD Engineering, P.C. reached a strategic agreement to transfer its evacuation and emergency planning business line to KLD Associates; and

WHEREAS, Staff from KLD Associates has already developed a detailed traffic model that will underly any evacuation time studies, has collected and begun analysis on voluminous data from response apparatus, and has developed deep familiarity with the Berkeley community, key sites, hazards, and other data that will inform evacuation and response times; and

WHEREAS, due to this and the specific experience with the City of Berkeley listed above, competing for this service is not amenable performed this work for the first year of the contract with KLD Engineering, P.E.; and

WHEREAS, staff determined that ongoing as-needed analysis would be required beyond the contract’s original extended expiration date.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend to Contract No. 32300165 with KLD Engineering, P.C. for evacuation and response time modeling to reassign to KLD Associates through June 30, 2026, and to provide an option to extend for an additional five (5) years and add $200,000, making initial term plus extension NTE $600,000 through June 30, 2031.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Pinnacle for Pilot Fire Department Alternative Medical Response Unit

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pinnacle Training Systems, LLC (Contractor) to provide nurse practitioner services for a pilot alternative medical response unit from June 17, 2024 to January 31, 2025 in an amount not to exceed $510,000 with an option to extend for three additional one-year terms in a total not to exceed $2,700,000.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from June 17, 2024 to January 31, 2025 in an amount not to exceed $510,000 for the base term. There is an option to extend for three additional one-year terms in a total not to exceed $2,700,000. This contract will be funded through a variety of funding sources including Measure FF, General Fund and future grant funds.

CURRENT SITUATION AND ITS EFFECTS
The Department worked with General Services to release RFP Specification No. 24- 11647-C for Fire Department Partnership for Alternative Medical Response Unit on January 31 with proposals due on March 21, 2024. The City did not receive any responses despite advertising and direct outreach to over twenty-five local organizations inviting them to submit a proposal. Because of the scope and timelines associated with the Department and City’s needs, and due to a lack of proposals from the RFP process, the Department is proposing to award to a qualified contractor that did not originally respond to the RFP. The vendor that was selected has a 15-year history of providing comprehensive National Fire Protection Association (NFPA) compliant physical examinations to 27 agencies using a combination of Nurse Practitioners and Physicians Assistants. The vendor has been working with the Department for two years and has proven to be reliable, communicative, and adaptable – all qualities that will be critical to successfully navigate this novel program.

Further, the proposed clinician that will be assigned to this unit comes with a plethora of experience working with underserved communities. From 2017-2019, she gained street

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medicine experience as a Physicians Assistant student clinician with Crimson Care Collaborative in Boston. As part of that project, she worked with the Harvard Medical School faculty to provide medical evaluations and follow up care at a homeless shelter in downtown Boston during evening hours where she was able to build a therapeutic alliance and develop a trusting relationship with patients.

The clinician has also had the opportunity to shadow community led public health programs including alcohol and methamphetamine rehabilitation facility, jail health services for incarcerated patients, and participated in traditional healing practices on Rosebud Indian Reservation in South Dakota.

Finally, the clinician has EMT experience on ALS ambulances in the 911 system in Napa County with Napa City Fire Department and CalFire from 2014-2016. There, she responded to emergency medical calls, provided medical care and transported patients to hospitals. All this makes the proposed clinician experienced and culturally competent which well prepares her to provide the service the Department is seeking.

The services to be provided include, but are not limited to:
 Staff an alternative 911 emergency medical response unit  Respond to reports of non-life-threatening medical incidents and fire department referrals
 Connect 911 users with healthcare and social services resources appropriate for their needs
 Absorb low acuity medical calls for service from the 911 system  Provide comprehensive in-home medical care for patients with non-emergent medical complaints
 Offer patients an in-home option to receive convenient medical follow-up to a 911 call
 Prevent habitual use of the 911 system for routine medical care  Coordinate and connect patients to allied networks of providers through referrals and warm hand-offs when appropriate
Berkeley Fire Emergency Alternative Response is a Strategic Plan Priority Project, advancing our goal to:
 create a resilient, safe, connected, and prepared city.  champion and demonstrate social and racial equity.
 be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community.

BACKGROUND
In the first months of the pandemic, the Department identified a need to divert non- critical patients from 911 ambulance transport, and the hospital systems to support an anticipated surge in high acuity COVID-19 patients. The Mobile Integrated Paramedic (MIP) pilot was created and deployed.

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The traditional low acuity medical calls for service requires a fire engine / truck and an ambulance to respond. It was identified that assigning the MIP to low acuity medicals would reduce resource drain for this type of call for service. The program provided a relief valve not just for fire resources, but also alleviated congestion of our local hospitals. The MIP improved public health education, connected patients with healthcare resources, and social services that were more likely to bring sustained relief or resolution to a patient’s needs.

During the eight (8) week pilot period when the MIP was assigned to a call for service, there was a 75% drop in the rate of ambulance transport. This reduced the fire engine / truck and ambulance Unit Hour Utilization (UHU) which is the percentage of time that a unit is assigned to 911 calls. In addition to dropping UHUs, the MIP was also connecting patients with the resources they needed more effectively. The program allowed providers to follow up with those patients they had contacted to better support their ongoing health care needs.

Since the end of the MIP pilot the regulatory landscape has changed. Changes that directly relate to the MIP include an end of the emergency order by President Biden and Governor Newsom, as well as limitations to the paramedic scope of practice under CCR Title 22 and Assembly Bill 1544. Current scope of practice for 911 paramedics in Alameda County leaves paramedics with two courses of action, they can transport a patient to an emergency department, or they can leave them at the emergency scene.

This provides little flexibility to divert patients to the most appropriate resource for their needs.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There were no identified environmental or climate impacts.

RATIONALE FOR RECOMMENDATION
In order to address the high UHUs and to adapt to a changing regulatory environment, it was determined that launching a unit with a Physician’s Assistant (PA) will provide a substantially better and more effective service to the community including the added benefit of being able to deliver primary health care to patients without having to transport them to the emergency department. The PA will be able to dedicate time to low acuity medical complaints and investigate the social determinants of health that lead to the activation of the 911 response.

ALTERNATIVE ACTIONS CONSIDERED
An alternative to this unit, as noted in the Standards of Coverage and Community Risk Assessment would be to deploy additional Fire/EMS response units. This option would have an exponentially higher annual recurring cost (3m per fire engine, 1.5m per

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ambulance) and would require additional facility space, for which there is no funding.

Finally, this alternative action would increase the number of deployed response units thereby reducing UHUs but it would not address social determinates of health, or the underlying cause of overuse of the 911 system.

CONTACT PERSON
David McPartland, Assistant Chief of EMS, (510) 981-3473 Julie Haslam, EMS Quality Assurance. (510) 981-3473
Attachments:
1: Resolution

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

Contract: Pinnacle for Pilot Fire Department Alternative Medical Response Unit WHEREAS, during the pandemic, the Department identified a need to divert non-critical patients from 911 ambulance transport, and the hospital systems to support an anticipated surge in high acuity COVID-19 patients, and WHEREAS, Mobile Integrated Paramedic (MIP) pilot was created and deployed in response to the need for call diversion and; proved that responding to low acuity medical calls would reduce resource drain for this type of call for service.; and WHEREAS, the MIP proved that responding to low acuity medical calls provided relief on the 911 system and BFD staff; and
WHEREAS, Title 22 and Assembly Bill 1544 requires providers to institute a community paramedicine program to transport patients to behavioral health facilities; and WHEREAS, the Department released RFP Specification No. 24-11647-C for Fire Department Partnership for Alternative Medical Response Unit on January 31 with proposals due on March 21, 2024, and
WHEREAS, the City did not receive any responses despite advertising and direct outreach to over twenty-five local organizations inviting them to submit a proposal, and WHEREAS, the City and Department have an urgent need to deploy alternative resources that can help reduce the use of the 911 system for low acuity, non-emergency patients and reduce the number of habitual system users.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Pinnacle Training Systems, LLC (Contractor) to provide nurse practitioner services for a pilot alternative medical response unit from June 17, 2024 to January 31, 2025 in an amount not to exceed $510,000 with an option to extend for three additional one-year terms in a total not to exceed $2,700,000.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Tablet Command for Mobile CAD and Incident Command

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Tablet Command for Mobile Computer Assisted Dispatch (Mobile CAD) and Incident Command by piggybacking on a contract with the Orange County Fire Authority (OCFA). The Berkeley contract will be effective July 1, 2024 and end on September 30, 2024 in an amount not to exceed $77,250. Following an extension approved by the OCFA, the contract may be extended for up to four additional one-year renewal terms at a cost not to exceed an additional $65,000 per year.

FISCAL IMPACTS OF RECOMMENDATION
All funds required to pay for this contract are in the Department’s baseline operating budget. Funding sources include but are not limited to Measure FF and the General Fund.

CURRENT SITUATION AND ITS EFFECTS
The Department is seeking a Mobile Computer Assisted Dispatch (Mobile CAD) computer program that will provide a real-time interface and two-way mobile communication capability for responders with the City’s CAD system. The system will also provide enhanced GIS mapping, integrate with existing GIS mapping software to provide enhanced mapping to responders, and provide incident commanders a mobile solution to run and coordinate emergency incidents. Tablet Command is the Mobile CAD product used by fire departments in Alameda and Contra Costa Counties.

BACKGROUND
The OCFA conducted a competitive Request for Proposal (RFP) No. RO2596 that solicited bids for a Mobile Computer Assisted Dispatch solution which opened on

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January 4, 2023. Tablet Command submitted a final and best offer on August 2, 2023 and was awarded the contract on September 28, 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There is no identified impact.

RATIONALE FOR RECOMMENDATION
Tablet Command will provide better communication between the dispatch center and responders operating in the field. It will also provide a tool that incident commanders can use to better track and account for emergency apparatus and responders on the scene of an emergency. All of this enhances the Department’s ability to provide service and keep employees safe.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Resolution

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

CONTRACT: TABLET COMMAND FOR MOBILE CAD AND INCIDENT COMMAND WHEREAS, the Fire Department is seeking a Mobile Computer Assisted Dispatch (Mobile CAD) computer program that will provide a real-time interface and two-way mobile communication capability for responders with the City’s CAD system, provide enhanced GIS mapping, integrate with existing GIS mapping software to provide enhanced mapping to responders, and provide incident commanders a mobile solution to run and coordinate emergency incidents, and
WHEREAS, Tablet Command is the Mobile CAD product used by fire departments in Alameda and Contra Costa Counties, and
WHEREAS, the Orange County Fire Authority conducted a competitive Request for Proposal No. RO2596 that solicited bids for a Mobile Computer Assisted Dispatch solution which opened on January 4, 2023, and
WHEREAS, Tablet Command submitted a final and best offer on August 2, 2023 and was awarded the contract on September 28, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee(s) is authorized to execute a contract and any amendments with Tablet Command for Mobile CAD and Incident Command by piggybacking on a contract with the Orange County Fire Authority (OCFA). The Berkeley contract will be effective July 1, 2024 and end on September 30, 2024 in an amount not to exceed $77,250. Following an extension approved by the OCFA, the contract may be extended for up to four additional one-year renewal terms at a cost not to exceed an additional $65,000 per year.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Amending the Five-Year Plan and Submitting Application for Permanent Local Housing Allocation Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or the City Manager’s designee to amend the five-year Permanent Local Housing Allocation plan and apply for and accept funds from the State of California's Permanent Local Housing Allocation Program, in an amount not to exceed $3,321,617.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley is currently eligible to apply for two years of funds through the State’s Permanent Local Housing Allocation (PLHA) program, not to exceed $3,321,617, fund #302. The funding would be used for Housing and Community Services (HCS) programs in support of lower income and/or unhoused residents.

CURRENT SITUATION AND ITS EFFECTS
The City will apply for up to $ $3,321,617 in PLHA funds through California Department of Housing and Community Development’s (HCD) Notice of Funding Availability (NOFA). This funding represents Years 3 ($2,212,637) and 4 ($1,108,980) of the City’s five-year PLHA Plan, which was submitted in 2020 and amended in 2021. The application includes an amendment to the five-year PLHA Plan to allow for a broader application of funds to support existing HCS programs, including the Housing Trust Fund program and homeless services. Adjustments to the funding plan in excess of 10% require Council and HCD approval and must be submitted with the application.

PLHA funds can be used to support a variety of planning or implementation activities related to housing and community development carried out by HCS within the Department of Health, Housing, and Community Services. HCS staff anticipate using the funds for the following eligible activity categories: 1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live- work, or rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies; and/ or 2) Assisting persons who are experiencing or at risk of homelessness, including providing

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rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing, along with grant administration (within the established limit of funds).

The City will allocate an estimated 25 to 50% of funds (equal to at least $500,000 per year) to operating subsidies for homeless households such as shelter operations and navigation services. This will allow existing homeless shelters in Berkeley to continue to operate 24/7 and provide housing navigation services to assist participants in accessing permanent housing. Up to 5% is available to the City for admin to support program implementation. The remaining 45 to 70% of funds will be applied to the Housing Trust Fund program to increase and/or preserve Berkeley’s affordable housing inventory through rehabilitation, new construction, and necessary operational subsidies. Funds will be leveraged with other local, state and federal revenue sources as needed as part of the City’s Housing Trust Fund program to support this work.

BACKGROUND
PLHA is intended to provide a permanent, on-going source of funding to local governments for eligible housing-related activities and programs that assist in increasing the supply of affordable homes in California and addressing the unmet housing needs of their local communities. Funds are generated from a $75 recording fee on certain real estate transaction documents, so the amount allocated through the program varies year to year. PLHA is noncompetitive, with funds allocated to cities based on the Community Development Block Grant (CDBG) distribution formula.

HCD estimated a total allocation of $7,761,504 to the City during the five-year period.

To access the funds, the City is required to have a five-year PLHA Plan, amend it when needed, and submit streamlined applications for each year of funding. The City used funds from Years 1 and 2 to support the operating of the navigation center (STAIR) and for the Golden Bear Homes – a Homekey project.

The City is required to use HCD’s resolution template for the application and the plan amendment for this Council item.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts directly associated with the recommendations in this report.

RATIONALE FOR RECOMMENDATION
If approved, an application for PLHA funds will make up to $3,321,617 available for Berkeley to support City programs that serve lower income or unhoused populations.

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ALTERNATIVE ACTIONS CONSIDERED
The City could decline to participate in the PLHA Program. Since that would not be consistent with the City’s Strategic Plan to increase affordable housing opportunities, staff are recommending participation as described above.

CONTACT PERSON
Asavari Devadiga, Community Development Project Coordinator, HHCS, (510) 981-5426
Attachment:
1: Resolution

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY AUTHORIZING

APPLICATION AND AMENDING THE PERMANENT LOCAL HOUSING ALLOCATION

PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM WHEREAS, the California Department of Housing and Development (“Department”) is authorized to provide up to $296 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the State of California (the “State”), the Department issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the City of Berkeley (the “Applicant”), an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for PLHA program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley THAT:

SECTION 1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department;
SECTION 2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $7,761,504 in accordance with all applicable rules and laws; and
SECTION 3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department; and

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SECTION 4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, Applicant’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines; and
SECTION 5. If applicable, Applicant certifies that it was delegated by the City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application; and
SECTION 6. If applicable, Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation; and SECTION 7. If applicable, Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest; and
SECTION 8. If applicable, pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements; and
SECTION 9. If applicable, Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C); and
SECTION 10. If applicable, Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years; and SECTION 11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department; and
SECTION 12. The City Manager or the City Manager’s designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related

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to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $500,000 of funding from the American Rescue Plan Act grant for a total not-to-exceed contract amount of $5,345,500.

FISCAL IMPACTS OF RECOMMENDATION
This amendment will add $500,000 of funding from the State of California for a total not- to-exceed contract amount of $5,345,500. Funding for the Bonita House contract for the Specialized Care Unit (SCU) will be available in the Fiscal Year 2025 budget in the American Rescue Plan Act (ARPA) One-Time Grant Fund (Fund 354). These ARPA funds were previously allocated to HHCS for implementation of the Specialized Care Unit as a part of the broader initiative to Reimagine Public Safety, and this recommendation is consistent with that allocation.

CURRENT SITUATION AND ITS EFFECTS
The SCU is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. City Council approved the selection of Bonita House as the SCU service provider on December 13, 2022. Throughout 2023, Bonita House has hired and trained staff for the SCU. The SCU began providing crisis response services to the Berkeley community on September 5, 2023. Bonita House continues to recruit, hire, and train staff to serve on the SCU, expanding hours into the evening and ramp up to operate 24/7 as staffing allows. This additional funding will support ongoing program implementation costs including, but not limited to recruitment, hiring, training, infrastructure, and salary costs for staff providing direct response services for Berkeley community members experiencing a behavioral health crisis.

BACKGROUND
As part of the Re-Imagining Public Safety process, the City engaged in research and planning to implement a 24/7 SCU to respond to and support people who are experiencing a mental health or substance use crisis without direct involvement of the

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Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider CONSENT CALENDAR June 4, 2024

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police. The SCU is different than the City’s current Mobile Crisis Team, which is a partnership of Health, Housing, and Community Services Department, Mental Health Division (HHCS/MH) and the Police Department.

Design for the SCU began in Fall 2020 with contracted consultant, Resource Development Associates (RDA), and the establishment of the SCU Steering Committee, an advisory group of HHCS and Berkeley Fire Department staff and representatives of the Berkeley Mental Health Commission and Berkeley Community Safety Coalition.

After extensive work with the community, the City selected Bonita House as the provider for the SCU and services began in September 2023.

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

RATIONALE FOR RECOMMENDATION
These additional funds will support Bonita House’s ability to continue to implement the SCU pilot program in the City of Berkeley as it expands to a 24/7 crisis services model without law enforcement.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered because these funds are meant to be used to support the implementation of the Specialized Care Unit as allocated as a part of the broader Reimagining Public Safety process.

CONTACT PERSON
Katherine Hawn, Senior Management Analyst, HHCS, (510) 981-5411 Attachments:
1: Resolution

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

CONTRACT NO. 32300134 AMENDMENT: BONITA HOUSE FOR SPECIALIZED

CARE UNIT PROVIDER
WHEREAS, Contract #32300134 was awarded to Bonita House, Incorporated to implement the City of Berkeley’s new Specialized Care Unit (SCU); and WHEREAS, through Contract #32300134 Bonita House has hired and trained staff to provide daily crisis response services to Berkeley community members; and WHEREAS, $500,000 was allocated through the American Rescue Plan Act grant to support direct services costs of the SCU and reimburse for team equipment purchases; and
WHEREAS, this grant funding has been awarded to support direct services costs incurred by SCU staff providing behavioral health crisis response services in Berkeley as well as necessary equipment purchases.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend the SCU Contract No. 32300134 with Bonita House by adding $500,000 for a not-to-exceed amount of $5,354,500.

Funding will be available in the FY2025 budget in the American Rescue Plan Act One- Time Grant Fund (Fund 354), which was specifically allocated for SCU implementation as a part of the broader initiative to Reimagine Public Safety.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing and Community Services Subject: Contract No. 32400236 Amendment: Creative Educational Consultants, Inc.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to amend existing Contract No. 32400236 with Creative Educational Consultants, Inc., for the period beginning June 1, 2024, and ending June 30, 2025, as follows:
1) expand the scope to
include additional positive youth development opportunities for African American/Black and Latinx Berkeley youth; 2) increase the contract limit by $25,300 (from $49,700 to

$75,000); and 3) extend the contract end date to June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
This recommendation is to allocate an additional $25,300 from the Youth Equity Partnership (YEP) in Fund 011 General
Fund to expand and extend its youth
development work with Creative Educational Consultants, Inc., through Fiscal Year 2025 (FY25). This recommendation is fiscally neutral since the funding is already available in the existing YEP Fiscal Year 2024 (FY24) budget.

CURRENT SITUATION AND ITS EFFECTS
The Youth Equity Partnership is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate
social and racial equity. African American/Black and Latinx young people have limited opportunities to have a meaningful voice in community issues and decision-making. The proposed amendment will enable YEP to engage a

cohort of approximately 20 African American/Black and Latinx high school and community college students who will receive extensive training and coaching on how to

identify, research, analyze and present equity-related issues in their community. For the culmination of this project, students will conduct Community Equity Projects. Students will conduct research and present their findings in community settings. This project will

help African American/Black and Latinx young people to gain skills and will provide opportunities for the Berkeley community to hear their perspectives on issues that matter to them.

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E-Mail: [email protected] Website: https://berkeleyca.gov/ Contract No. #32400236 Amendment: Creative Educational Consultants, Inc. CONSENT CALENDAR June 4, 2024

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BACKGROUND
In FY24, YEP piloted a Youth Review Panel, to explore a different approach to youth engagement in Berkeley. YEP hired a team of 20 African American/Black and Latinx high school and community college students to develop funding recommendations to City Council for the FY25 - 28 community agency contracting cycle. For this project, YEP contracted with Creative Educational Consultants, Inc., to design and deliver training and facilitation, with a lens on racial equity in the Berkeley community. Up to three students from the Youth Review Panel will be hired to co-facilitate and mentor the

new cohort of students who will participate in this project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No anticipated environmental sustainability or climate impacts are associated with this project.

RATIONALE FOR RECOMMENDATION
The proposed amendment supports the City of Berkeley’s core value of advancing social and racial equity. Racial equity lies at the center of this project and all of YEP’s efforts. Student evaluations indicate that the Youth Review Panel had a strong, positive impact on participants. In addition, the City benefited from the diverse insights, cultures

and perspectives that the Youth Review Panel brought to the community agency contracting process. The next phase of this work will provide leadership opportunities to

past participants, while extending learning and growth opportunities to a new cohort of African American/Black and Latinx young people. This work will be designed to enrich both participants and the larger Berkeley community.

ALTERNATIVE ACTIONS CONSIDERED
YEP staff explored conducting this project without a consultant. However, with a staff of only two people, YEP cannot execute this project independently. Creative Educational Consultants, Inc., also brings added expertise in youth development, facilitation, restorative justice and other areas that complement YEP’s contributions. The other alternative would be not to move forward with the project -- a missed opportunity to the

City and to the many Black and Brown students in Berkeley who could benefit.

CONTACT PERSON
Nina Goldman, Youth Equity Partnership Manager, HHCS, 510.981.5420 Attachments:
1: Resolution

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

CONTRACT NO. 32400236 AMENDMENT: CREATIVE EDUCATIONAL CONSULTANTS, INC.

WHEREAS, Contract No. 32400236 was awarded to Creative Educational Consultants, Inc., to help design and implement the Berkeley Youth Equity Partnership’s Youth Review Panel; and
WHEREAS, through Contract No. 32400236, Creative Educational Consultants, Inc. facilitated and supported 20 African American/Black and Latinx high school and community college students through a structured training and coaching process; and WHEREAS, students used their new skills and knowledge on YEP’s Youth Review Panel to successfully develop recommendations to City Council for Youth Equity Partnership funding through the FY 2025 - 28 community agency funding process; and WHEREAS, YEP plans to build upon the work of the Youth Review Panel by engaging a new cohort of African American/Black and Latinx students in conducting Community Equity Projects; and
WHEREAS, Creative Educational Consultants, Inc., is the most qualified consultant to receive the additional funding to add the additional work to its scope; and WHEREAS, funds in the amount of $25,300 are available for FY 2024 in Fund 011 General Fund;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend Contract No. 32400236 with Creative Educational Consultants, Inc., by adding $25,300 for a not-to-exceed amount of $75,000, expanding the scope of work as designated in Exhibit A to the contract, and extending the contract term through June 30, 2025. A record signature copy of said contract and any amendments shall be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Contract No.32300197 Amendment: Resource Development Associates for Results Based Accountability Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300197 for $160,000 and any additional amendments or extensions, with Resource Development Associates (RDA) for Results Based Accountability consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $539,830 for the period July 1, 2023 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
RDA, a consulting firm, was selected to provide planning and implementation supports for the Results Based Accountability framework for the Health, Housing, and Community Services Department (HHCS). The current contract has a not-to-exceed amount of $379,830. Funding is available in the FY2024 budget in General Fund (011) and State Operating Grants (302). The contract amendment will add more services and will increase the not-to-exceed amount by $160,000 resulting in an amended total not- to-exceed amount of $539,830.

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing, and Community Services Department’s Public Health Division (HHCS/PH) is implementing the Results Based Accountability framework across the department in an effort to measure all programmatic efforts, quality of services, and impact of those efforts for our clients and community. This framework will also support the measurement of our progress in the City’s upcoming Community Health Improvement Plan.

The RDA contract scope of work and associated budget will be amended to include the planning and implementation activities for the Housing and Community Services Division and the Environmental Health Division. The inclusion of these two Divisions will greatly enhance the ability for the Divisions and the Department to fulfill reporting requirements.

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Contract No.32300197 Amendment: Resource Development Associates CONSENT CALENDAR for Results Based Accountability Consulting Services June 4, 2024

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BACKGROUND
The City released a Request for Proposals (RFP) under Specification No. 23-11563, and convened a panel of stakeholders, which selected RDA as the most responsive and responsible bidder for this contract.

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

RATIONALE FOR RECOMMENDATION
RDA is a well-respected consulting firm with demonstrated subject matter expertise on Results Based Accountability as well as public health programs. Their proposal includes high quality services that align with the intended goals of maximizing program objectives and reimbursement for eligible services.

ALTERNATIVE ACTIONS CONSIDERED
HHCS does not have the capacity to take on the Results Based Accountability initiative without technical support. Therefore, staff did not identify an alternative action consistent with the City’s goals of advancing efficient and financially-healthy City government and public health and social and racial equity.

CONTACT PERSON
Janice Chin, Public Health Division Manager, HHCS, (510) 981-5121 Attachments:
1: Resolution

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

CONTRACT No. 32300197 AMENDMENT: RESOURCE DEVELOPMENT

ASSOCIATES AND CONSULTING SERVICES FOR RESULTS BASED

ACCOUNTABILITY FRAMEWORK
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services (HHCS), is committed to providing high quality comprehensive public health services, and WHEREAS, HHCS seeks to eliminate health and educational inequities; and WHEREAS, HHCS seeks to monitor the progress and impact of the services it provides WHEREAS, Resource Development Associates was selected by the City’s RFP process which includes bidding from vendors, draft proposals, and pricing; and WHEREAS, funds are available in the Fiscal Year 2024 budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 32300197, for an additional $160,000 and any additional amendments or extensions, with Resource Development Associates (RDA) for Results Based Accountability consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $539,830 for the period July 1, 2023 through June 30, 2026. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing and Community Services Subject: Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $120,000 for April 1, 2024 to March 30, 2025. Grant funds will support clinical reproductive health services, as well as individual and community health education and outreach activities at the Berkeley High School Health Center and the Berkeley Technology Academy Health Center (the High School Health Centers).

FISCAL IMPACTS OF RECOMMENDATION
The City will receive funds in the estimated amount of $120,000 from the Essential Access Health for the period April 1, 2024 – March 30, 2025. The $120,000 allocation will be deposited and expensed from the C.F.P Title X Fund. There are no matching funds required by the funder.

Spending of the referenced grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances. Depending on the timing of when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of the First Amendment to the FY 2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Services rendered through Essential Access Title X funding is a Strategic Plan Project, advancing our goal to champion and demonstrate social and racial equity and to be a customer-focused organization that provides excellent, timely, and easily-accessible services and information to the community. As a local health jurisdiction, the City of Berkeley provides a broad range of public health programs and services to the

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Revenue Grant Agreements: Funding Support from Essential Access Health CONSENT CALENDAR to Conduct Public Health Services June 4, 2024

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community; with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death.

Essential Access Health is the administrator for California’s Title X federal family planning funds to provide clinical reproductive health services and education at the High School Health Centers. Federal Title X Funds are given to a non-profit agency, Essential Access Health, and are then dispersed to local health jurisdictions throughout the State through a competitive grant process. The funds are used to support clinical reproductive health services, as well as individual and community health education and outreach activities at the aforementioned sites.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City is committed to exploring opportunities for funding to support key initiatives to augment base funding resources. The Public Health Division in the Health, Housing, and Community Services Department (PHD/HHCS) is committed to providing essential services to the community, including clinical reproductive health services and education and outreach for family planning and the prevention and treatment of sexually transmitted infections.

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

RATIONALE FOR RECOMMENDATION
These funds support vital services related to our mandates as a public health jurisdiction and local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. This grant supports the mission of HHCS/PHD and provides the City with funding to continue working to protect and improve the health of the community.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action consistent with the City’s goals of advancing public health and social and racial equity.

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS, (510) 981-5121 Attachments:
1: Resolution

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

REVENUE GRANT: ESSENTIAL ACCESS HEALTH FOR CLINICAL REPRODUCTIVE

HEALTH SERVICES AND HEALTH EDUCATION AND OUTREACH
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/PHD), is committed to providing comprehensive clinical reproductive health services to individuals of reproductive age to plan their pregnancies and prevent and reduce sexually transmitted infections; and WHEREAS, preconception/inter-conception care and education is a key part of family planning services; and
WHEREAS, adolescents benefit from teen specific counseling and education; and WHEREAS, HHCS through Title X funds, will provide reproductive health services and education at the Berkeley High School Health Center and Berkeley Technology Academy Health Center; and
WHEREAS, HHCS seeks to eliminate health and educational inequities; and WHEREAS, the projected amount of the grant is $120,000; and WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant application to Essential Access Health for April 1, 2024 – March 30, 2025 to support clinical reproductive health services, as well as individual and community health education and outreach activities; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $120,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Funds will be deposited and expensed from the C.F.P Title X Fund. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing & Community Services Subject: Shelter Plus Care Program Renewal Grants

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to receive up to the maximum grant award for the following Shelter Plus Care grants and to execute any resultant agreements and amendments.
a. A Shelter Plus Care grant from U.S. Department of Housing and Urban Development (HUD) in the amount of $2,327,914 for COACH Project (COACH) for the period of January 1, 2024 through December 31, 2024; and b. A federal Shelter Plus Care grant received via Alameda County in a not-to- exceed amount of $927,164 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2024 through February 28, 2025; and
c. Two Shelter Plus Care grants from U.S. Department of Housing and Urban Development (HUD) that are estimated to be:

1. $4,165,069 for Supportive Housing Collaborative Project (SHC) for the period June 1, 2024 through May 31, 2025; and

2. $2,438,926 for COACH Project (COACH) for the period of January 1, 2025 through December 31, 2025.

FISCAL IMPACTS OF RECOMMENDATION
The Department of Health, Housing, and Community Services’ Housing and Community Service Division (HHCS/HCS) has administered Shelter Plus Care grants for many years as part of the City’s strategy to end homelessness. Each of the Shelter Plus Care grants and the grant from Alameda County provides funds for rental subsidies from the Federal Department of Housing and Urban Development (HUD). Grant revenues are deposited and expensed out of Funds 347 (Shelter+Care HUD), and 348 (Shelter+Care County), respectively. With the exception of the required 25% service match, these grants fund 100% of the program costs. HUD allows up to 10% of each grant to be used to administer the rental subsidies, which supports HHCS/HCS’s grant-related administrative activities.

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Shelter Plus Care Program Renewal Grants CONSENT CALENDAR June 4, 2024

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CURRENT SITUATION AND ITS EFFECTS
Based on a national competition, HUD and Alameda County awarded funding to the City of Berkeley to renew four Shelter Plus Care grants that provide rental assistance to a minimum of 220 households annually. The City’s Shelter Plus Care Program provides federal rental subsidies that are matched by locally provided services to transition formerly homeless, disabled individuals and families into permanent, supportive housing. These grants currently provide tenant-based rental subsidies for approximately 300 households to rent from private property owners in Berkeley, Albany, Alameda, Oakland, and Emeryville.

Each of the participants in the program receives case management and other supportive services provided by local agencies, such as Bay Area Community Services (BACS), Insight Housing (IH Formerly Berkeley Food and Housing Project BFHP); City of Berkeley Mental Health Division (BMH); City of Berkeley Aging Services Division (Aging); Building Opportunities for Self-Sufficiency (BOSS); East Bay AIDS Center (EBAC); Lifelong Medical Care (LLMC); and the Women’s Daytime Drop-In Center (WDDC).

BACKGROUND
Since 1995, the City of Berkeley Shelter Plus Care Program has been an important component of the continuum of housing available to disabled homeless families and individuals. The Shelter Plus Care Program is funded by HUD and the County of Alameda to provide housing subsidies for people who are homeless with a disability.

The program combines a rental subsidy with ongoing supportive services to assist chronically homeless individuals and families to obtain and maintain housing.

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

RATIONALE FOR RECOMMENDATION
Acceptance of the four Shelter Plus Care renewal grants will assure that approximately 290 homeless and disabled individuals and families in Berkeley continue to benefit from receiving ongoing rental assistance and the supportive services necessary to retain stable housing.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were identified that would be consistent with the City’s goal to house the most vulnerable members of the community.

CONTACT PERSON
Yesenia Lopez, Interim Community Services Specialist III, HHCS, 510-981-5120

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Shelter Plus Care Program Renewal Grants CONSENT CALENDAR June 4, 2024

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Attachments:
1: Resolution

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

SHELTER PLUS CARE PROGRAM RENEWAL GRANTS
WHEREAS, the U.S. Department of Housing and Urban Development and the County of Alameda have awarded the City of Berkeley Health, Housing & Community Services Department the following four Shelter Plus Care grants:

1. $2,327,914 for COACH Project (COACH) for the period of January 1, 2024 through December 31, 2024; and

2. $927,163 for County of Alameda Collaborative (AC Collaborative) for the period March 1, 2024 through February 28, 2025; and

3. $4,165,069 (estimated) for Supportive Housing Collaborative Project (SHC) for the period June 1, 2024 through May 31, 2025; and

4. $2,438,926 (estimated) for COACH Project (COACH) for the period of January 1, 2025 through December 31, 2025.

WHEREAS, the combined total for the four grants is an estimated $9,859,072 to provide direct rental assistance, and of this amount approximately 10% is available to support the Health, Housing, and Community Services Department’s grant-related administrative activities (For the HUD grants budget, Fund 347 (Shelter+Care). For the contract with Alameda County, Fund 348 (Shelter+Care); and
WHEREAS, these Shelter Plus Care grants are an annual renewal of an existing program that provides rental subsidies and ongoing support services for more than 290 homeless and disabled individuals and families in Berkeley; and
WHEREAS, the rent subsidies provided through the City’s Shelter Plus Care Program are matched by services provided by the City’s Mental Health Division and Aging Services Division and seven community-based agencies that assist formerly homeless, disabled individuals and families to retain stable housing.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to receive funds up to the maximum grant award, and execute any agreements and amendments resulting from the grants awarded from the U.S. Department of Housing and Urban Development and the County of Alameda for the City’s Shelter Plus Care Program estimated to be as follows: 1) $2,327,914 for COACH Project (COACH) for the period of January 1, 2024 through December 31, 2024; 2) $927,163 for County of Alameda Collaborative (AC Collaborative) for the period March 1, 2024 through February 28, 2025; 3) $4,165,069 or an amount more or less than this estimated amount for Supportive Housing Collaborative Project (SHC) for the period June 1, 2024 through May 31, 2025; and 4) $2,438,926 or an amount more or less than this estimated amount for COACH Project (COACH) for the period of January 1, 2025 through December 31, 2025.

A signed copy of said documents, agreements and any amendments will be kept on file in the Office of the City Clerk.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: 2023 Police Equipment & Community Safety Ordinance Annual Report

RECOMMENDATION
Adopt a Resolution approving the 2023 Equipment Ordinance Annual Report.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impacts are limited to staff time for reporting and continuous training.

CURRENT SITUATION AND ITS EFFECTS
On May 11th, 2021 the City of Berkeley adopted the Police Equipment and Community Safety Ordinance, Ordinance NO. 7,760-N.S. The Police Equipment and Community Safety Ordinance requires the Police Department submit to Council for approval an annual report for the usage of specified equipment “for as long as the Controlled Equipment is available for use.” Pursuant to the ordinance, this annual report shall be provided to the Police Accountability Board for review. After review by the Police Accountability Board, the Berkeley Police Department must submit the Annual Report to the City Council indicating the Police Accountability Board’s approval or lack of compliance.

BACKGROUND
On February 23rd, 2024 the 2023 Equipment Ordinance Annual Report was provided to the Office of the Director of Police Accountability (ODPA). On February 26th, 2024 the ODPA submitted a written Recommendation to the Police Accountability Board regarding the annual report that was discussed at the regular PAB meeting on February 28, 2024. The Analysis section of the Recommendation states that “the reporting requirement as articulated in BMC Section 2.100.050(A)(1)(a) – 2.100.050(A)(1)(e) appeared to be complied with in this annual report.” Three recommendations were also made by the ODPA:
#1 The PAB should consider conducting a systematic review of the incidents referenced in the 2023 report.

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31

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Annual Reporting and Impact Statements:

Police Equipment and Community CONSENT CALENDAR
Safety Ordinance June 4, 2024

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#2 The BPD should consider affixing, linking, and or attaching incident reports, BWC footage, and or any other relevant records related to the deployment and use of the incidents in a way that is consistent with federal, state and local law. #3 The BPD should consider utilizing the ArcGIS StoryMaps feature to map out the incident in the Transparency Hub. (For more information on this tool visit:
https//storymaps.com/)
On April 23rd, 2024 the ODPA communicated to the Police Department, via the attached memo, that the Police Accountability Board unanimously recommend City Council vote to approve the BPD’s Police Equipment and Community Safety Ordinance 2023 Annual Report at the April 17th, 2024 regular meeting. In the memo the PAB also expressed a desire for a more qualitative review of the uses of equipment to ensure compliance with the ordinance and further promote transparency but did not take any action towards additional review.

The Berkeley Police Department appreciates the recommendations of the ODPA and PAB and will continue to explore opportunities to share legally permissible and appropriate information in real time with the public on the Transparency Hub.

Additionally, pursuant to the ordinance the Department shall also make each annual report publicly available on its website for as long as the Controlled Equipment is available for use. The 2023 Equipment Ordinance Annual Report will be posted on the Berkeley Police Department website.

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

RATIONALE FOR RECOMMENDATION
The Police Equipment and Community Safety Ordinance Annual Report requires the approval of the City Council.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jennifer Louis, Chief of Police, (510) 981-5700
Attachments:
1: Resolution
2: 2023 Equipment Ordinance Annual Report
3: Director of Police Accountability Recommendation

4. Police Accountability Board Memorandum

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Annual Reporting and Impact Statements:

Police Equipment and Community CONSENT CALENDAR
Safety Ordinance June 4, 2024

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

ANNUAL REPORTING AND IMPACT STATEMENTS: POLICE EQUIPMENT AND

COMMUNITY SAFETY ORDINANCE
WHEREAS, the Berkeley City Council adopted Ordinance No. 7,760-N.S., the Police Equipment and Community Safety Ordinance on May 11, 2021; and

WHEREAS, Section 2.100.050 of the ordinance mandates an annual report for the deployment of military equipment that the Berkeley Police Department possesses; and

WHEREAS, per city ordinance, the Berkeley Police Department shall submit the annual report to the Police Accountability Board for review; and

WHEREAS, the Director of the Police Accountability Board has communicated Recommendations and the Analysis section of the Recommendation states that “the reporting requirement as articulated in BMC Section 2.100.050(A)(1)(a) –

2.100.050(A)(1)(e) appeared to be complied with in this annual report.”; and WHEREAS, the Police Accountability Board has communicated their approval of the Annual Report

WHEREAS, Section 2.100.050 (3) of the ordinance requires the Berkeley Police Department to submit the Annual Report to the City Council for approval indicating the Police Accountability Board’s approval or lack thereof; and

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the Berkeley Police Department’s 2023 Equipment Ordinance Annual Report.

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Police Equipment and
Community Safety Ordinance
2023 Annual Report

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INTRODUCTION

On May 11, 2021 the Berkeley City Council passed Ordinance NO. 7,760-N.S., the Police Equipment and Community Safety Ordinance. Section 2.100.050 of the ordinance mandates an annual report for the deployment of specific equipment the Berkeley Police Department possesses. Below is a list and inventory of the reportable equipment under the city ordinance:

• Patrol Rifle (96)
Associated .223 duty and training rounds (93,128)
• Less Lethal single 40MM launcher (20)
• Less Lethal Milkor LTL 40 MM multi-launcher (2)
Associated 40mm rounds (637)
• Less Lethal FN 303 Launcher (8)
Associated FN rounds (5,813)
Associated FN Pava rounds (181)
• Oleoresin capsicum (handheld OC spray) (182)
• Chlorobenzylidene Malononitrile and Oleoresin capsicum/ tear gas (300) • Remington 700 Precision Rifle (6)
Associated .308 rounds (2400)
• Light/sound distraction device (110)
• Long Range Acoustic Device (LRAD) (2)
• 36” batons (195)
• Barret Model 99 Precision Rifle (1)
Associated .50 rounds (50)

The annual report on the controlled equipment shall contain the following information per Ordinance NO. 7,760N.S.:

(a) Production descriptions for Controlled Equipment and inventory numbers of each product in the Police Department’s possession.

(b) A summary of how Controlled Equipment was used. For the purposes of annual reports, “use” of equipment shall refer to equipment that is

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Deployed, not to transfers of location or placement of equipment inside Department vehicles.

(c) If applicable, a breakdown of where Controlled Equipment was used geographically by individual police areas. For each police area, the Police Department shall report the number of days or instances in which Controlled Equipment was used and what percentage of those daily reported uses were authorized by warrant and by non-warrant forms of court authorization.

(d) A summary of any complaints or concerns received concerning Controlled Equipment.

(e) The results of any internal audits, any information about violations of Controlled Equipment Use Policies, and any actions taken in response.

There have been no additional internal audits beyond those conducted to gather and confirm data for this report. There were no identified violations of equipment use, or any complaints submitted to the department concerning the above-listed equipment.

Section 2.100.020 (D) defines deployment as “to utilize or employ Controlled Equipment for a deliberate purpose in the presence of members of the public during management or control of crowds, during any Special Response Team deployment or to affect some response from members of the public during any other operation or critical response. “Deployed” shall not mean an officer merely wearing a piece of Controlled Equipment on their belt or elsewhere on their person.” Deployment means the display of the equipment to affect some response from members of the public. The equipment does not have to be used (I.E. less lethal projectile actually launched and struck a suspect); simply having it and in view of a person to specifically affect a response would be considered a deployment. Deployments are to be reported per the ordinance and the table on page 5 of this report reflects both deployments and utilization of equipment.

The Blue Team system and Equipment Ordinance system are the two systems that capture all utilizations and deployments of equipment enabling the Police Department to fulfill the obligations set forth by the ordinance. The Blue Team

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system documents all uses of force which includes patrol rifle deployments and utilization of less-lethal systems (I.E. less lethal projectile launched and struck a suspect). This system is maintained by the Internal Affairs Bureau. The Equipment Ordinance system captures deployments of all equipment outlined in the ordinance.

The Police Department responded to 63,691 calls from the community in 2023. Of the 63,691 calls received, 64 of them resulted in the deployment of military equipment. For details on these systems and other military equipment refer to page 19 or the Impact Statements located on the Berkeley Police Department website.

The table on page 5 details each of the 64 equipment deployment incidents extracted from the Blue Team and Equipment Ordinance systems. Each row within the table represents an incident where a specified equipment was deployed or utilized. The number of specified equipment deployed per incident is not represented. The table includes the service of 2 arrest warrants and 10 search warrants; 5 of which were served by the Special Response Team in cases involving a violent suspect. Equipment that is not outlined in the table was not deployed or used in 2023.

It should be noted that all military equipment deployments in 2023 were made during incidents where the Berkeley Police Department responded to a call for service made by community members or in the service of search warrants. There was one instance of a military equipment deployment made during a sex registrant compliance check on a violent offender with a history of firearm violations.

Additionally, 5,306 stops were conducted by the Berkeley Police Department in 2023. These 5,306 total stops break down to 3,665 vehicle stops, 1,554 pedestrian stops, and 87 bicycle stops. Five of the 5,306 stops resulted in the use (less lethal projectile launched towards a suspect) of the Penn Arms 40MM, also known as “less lethal.” These statistics illustrate the extremely rare percentage (0.00094%) of the time less lethal munitions are used in relation to overall contacts.

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The table summarizing each incident on the next page (page 5) contains violence and details of crimes that can be unsettling to read. Reader discretion is advised.

There were 12 incidents where military equipment was used (less lethal projectile launched at a suspect, OC spray sprayed, patrol rifle used, or light and sound distraction device used). These incidents are highlighted in yellow.

It is important to note that information provided to police dispatchers by victims, witnesses, and community members guides police responses. Officers and supervisors make decisions on the deployment of equipment based, in part, on community members' observations and reports.

Each incident is listed in chronological order, and instances where the equipment was used are highlighted in yellow.

# Equipment Deployed Summary of Deployment Beat

1. Patrol rifle,
40MM launcher
Officers responded to a disturbance call from a neighbor. Officers knew the subject they were to contact had felony warrants for his arrest for firearm violations. Additionally, officers had previously recovered a bulletproof vest during a visit to this apartment, and on another day the subject had barricaded himself in his apartment when officers attempted to contact him. On this night, Officers contacted the subject who shined a flashlight at an officer’s eyes, blinding the officer on purpose. The suspect had a power drill and refused multiple requests and orders for him to put the power drill down. Patrol rifle and 40MM launcher were deployed. A trained negotiator took over communication with the subject and utilized de-escalation techniques. The subject placed the power drill down but lifted his jacket to reveal a 7" fixed- blade dagger on his belt. The subject was agitated, verbally aggressive, and cursed at officers. He was also incoherent and rambled about telepathy. The subject needed to be detained before the situation became any more dangerous. Officers launched 40MM rounds at the subject. Other officers grabbed the subject before he could go for the dagger. The subject was immediately provided medical attention. He was arrested for the warrants and for violating an elder abuse restraining order by being at that apartment. 14 2. Patrol rifle
Officers responded to a burglary in progress at a business after the alarm company called the police and reported seeing the burglars live on surveillance cameras. The suspects fled in a vehicle but crashed. Officers conducted a high- risk vehicle stop. Patrol rifle deployed as officers ordered the occupants out of the vehicle. Four suspects were arrested for burglary and a large number of stolen items were located in the car. The stolen property was returned to the business.
5 3. 40MM launcher Officers were flagged down at midnight by a business owner regarding a possible burglary in progress. The business owner had surveillance cameras on 6

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the property and advised that the suspect was hiding in the back. This suspect had previously burglarized this business two other times. 40MM launcher deployed as officers entered the business. The suspect was located and taken into custody. He was arrested for burglary and possession of methamphetamine.

4. 40MM launcher,
Patrol rifle
BART Police requested assistance with reports of a man on a BART train with a gun. Berkeley Police responded and deployed patrol rifle and 40MM launcher.

Berkeley and BART officers located the suspect on the train. This man was armed with a gun and was wearing body armor underneath his rain jacket. The subject was uncooperative and cursed at the officers. He was ultimately detained and BART police took custody of the man.
5 5. 40MM launcher
A father called the police on his daughter after she attempted to stab him with a knife. He barricaded himself in a bedroom. She tried to break down the door with a metal pole and stabbed at the door with her knife while also threatening to stab him. She fled the residence before police arrived. The father requested that his daughter be arrested and advised that his daughter was still in possession of the knife. Officers located the daughter who ignored officers' commands to stop. 40MM launcher was deployed. She walked dangerously into the street and traffic. Officers had to follow her and were able to pull her off the street onto a grassy area where she continued to resist. Officers were able to handcuff her, but she spat at officers and attempted to kick them. She was arrested for assault with a deadly weapon and other charges. The knife was later located hidden in her undergarment.
5 6.

FN303 launcher,
Light/sound
distraction device,
LRAD,
Patrol rifle,
40MM launcher,
Remington 700 rifle
The Special Response Team conducted two search warrants at two residences in connection to a violent robbery of a Berkeley business where an elderly victim was pistol-whipped multiple times. A firearm and evidence were recovered during the service of these high-risk search warrants and several individuals were arrested. The LRAD and light sound distraction devices were used during the service of both warrants.

Outside of Berkeley

7. FN303 launcher,
Light sound
distraction device,
LRAD,
Patrol rifle,
40MM launcher,
Remington 700 rifle
The Special Response Team conducted two search warrants at two residences in connection to a violent robbery of a Berkeley business where an elderly victim was pistol-whipped multiple times. A firearm and evidence were recovered during the service of these high-risk search warrants and several individuals were arrested. The LRAD and light sound distraction devices were used during the service of both warrants.

Outside of Berkeley

8. 40MM launcher
A partially naked suspect under the influence of narcotics entered a restaurant that had a stay-away court order against him. The subject violated the stay- away court order when he walked in and then climbed into the ceiling. The employees called the police as the suspect climbed back down and started throwing things. 40mm launcher deployed as officers arrived on the scene.

Officers tried to talk to him, but he was yelling nonsensically as he retreated into the kitchen area and armed himself with a fire extinguisher. Officers ordered the subject to drop the fire extinguisher, but he did not comply and started spraying the fire extinguisher at the officers. He raised the fire extinguisher while moving towards an officer as if to assault the officer with it. 5

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Another officer saw this and launched a 40MM launcher round at the suspect.

The subject continued to threaten officers with the fire extinguisher. The officer launched another 40MM launcher round at the suspect who then ran upstairs and barricaded himself in the bathroom. Many attempts to de-escalate the subject through the locked bathroom door were made but to no avail. The subject continued to spray the fire extinguisher at officers from under the closed door. Ultimately, officers had to force entry into the bathroom and detain the subject who was in the process of hanging himself. He was admitted to the hospital and placed on a psychiatric evaluation hold. A criminal case was sent to the District Attorney's Office for review. An employee of the business was injured in this incident and the subject caused close to $20,000 in damages to the business.

9. 40MM launcher
BART Police requested code 3 cover (emergency assistance) after community members reported a subject brandishing a knife and attacking BART riders on the platform. Officers arrived and deployed 40MM launcher. BART Police contacted the subject and took him into custody.
5 10. 40MM launcher
A community member called the police after finding a burglar in her residence.

Officers arrived and deployed 40MM launcher as they contacted the suspect.

He was detained and arrested for burglary and for an outstanding warrant from another county.
6 11. Patrol rifle
A victim called the police and reported being a victim of an armed (firearm) home invasion robbery with four suspects involved. Officers located the suspect vehicle occupied by all four suspects and conducted a high-risk vehicle stop.

Patrol rifle deployed as the suspects were ordered out of the vehicle and taken into custody. A firearm and evidence from the home invasion robbery were located inside the vehicle. All four suspects were arrested for the home invasion robbery and one was additionally charged with firearm violations. 12 12. y
e
l
l
o
w
40MM launcher,
Patrol rifle,
LRAD,
Light sound
distraction device,
FN303 launcher

A victim called the police and reported being a victim of an armed robbery. The victim memorized the suspect's license plate and provided it to the police. This vehicle was involved in numerous other Berkeley crimes. Officers located the armed robbery suspect's vehicle and initiated a vehicle stop, but the vehicle failed to yield. A pursuit was initiated. Officers lost sight of the vehicle on the freeway but located the vehicle at a residence outside of Berkeley. A high-risk search warrant was served by the Special Response Team at this residence.

Light/sound distraction device and the LRAD were used during the service of this warrant. Evidence was recovered from the search warrant and the suspect was apprehended at a later time.

Outside of Berkeley

13. FN303 launcher
A construction worker called the police after someone approached him and tried to stab him with a knife. The victim did not know the suspect and the suspect said nothing to the victim prior to trying to stab him. Shortly later, a worker from a nearby restaurant called the police and reported a person pacing around the restaurant armed with a knife. FN303 launcher deployed as officers arrived at the restaurant. The suspect was located and the knife was recovered in the restaurant. He was arrested for assault with a deadly weapon. 5 14. Patrol rifle
A community member called the police and reported a home invasion robbery in progress in his house. He reported that he armed himself with a gun and was trapped in his residence. Patrol rifle deployed as officers arrived on the scene. 5

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They contacted someone at the front door of this residence. This person had a firearm in plain sight within his reach. He reached for the firearm but was detained before he grabbed the gun. This person turned out to be the community member who called the police. He was intoxicated and according to a friend, the caller had been exhibiting paranoid delusional ideations. The caller was placed on a psychiatric evaluation hold. The judge approved a firearm emergency protective order to allow the seizure of the caller's firearm.

15. 40MM launcher
A victim called the police and reported that her neighbor threatened her with a large knife. 40MM launcher deployed as officers arrived on the scene. As Officers were talking to the victim the suspect emerged from his residence.

Officers detained the suspect and located the large knife. The suspect was arrested for threatening the victim with a knife.
10 16. Patrol rifle
A caller reported that her grandson had shot at and "hurt" her husband, the suspect's grandfather. The caller reported the suspect dragged his elderly grandfather down a flight of steps and then fired a gun at him. Patrol rifle deployed as officers arrived at the scene. Officers located the suspect and detained him. He was still in possession of the gun. The grandfather was not shot and was medically assessed by the fire department. The bullet entered and exited the grandfather’s pants, but did not hit him. The suspect was arrested for possession of a loaded firearm in public, felon in possession of a firearm, possession of narcotics (crack cocaine), and a domestic violence warrant. 3 17. 40MM launcher
A neighbor called the police and reported hearing an argument between a husband and wife. The caller reported that he heard the husband yelling "Put the knife down" and children crying in the background. 40MM launcher deployed as officers responded to this domestic violence call. Upon arrival, they located and detained the suspect (girlfriend) outside of the residence. The victim (boyfriend) was inside the residence with their child. The boyfriend was stabbed in the neck with keys by the girlfriend and was injured. The suspect was arrested for domestic violence and medical attention was provided to the victim.
4 18. FN303 launcher,
40MM launcher
Employees at a restaurant called the police and reported someone bleeding from the neck. Officers responded and located the subject in front of the restaurant bleeding profusely from his neck and wrist. The subject held a broken glass bottle against his neck and refused to put the glass bottle down. 40MM launcher and FN303 were deployed. The fire department was staged nearby as Berkeley Police negotiators tried to de-escalate the situation. The subject rambled incoherently about tattoos and eyes watching him. Eventually, the subject lost consciousness due to blood loss. Berkeley Fire Medics immediately rendered aid. He was transported to the hospital and placed on a psychiatric evaluation hold.
3 19. FN303 launcher
A Berkeley City employee reported hearing a man screaming and hitting things with what sounded like a metal object. The man repeatedly screamed expletives. This man walked towards her with a metal pipe in hand and brandished her with it. He was foaming at the mouth and walked away. Officers familiar with this subject located him at a park swinging the metal pipe and hitting objects on the street. FN303 launcher deployed as officers detained this subject armed with the metal pipe. He was placed on a psychiatric evaluation 5

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hold. The Berkeley City employee requested no prosecution for the misdemeanor so the case was not forwarded to the District Attorney’s Office.

20. Patrol Rifle
A victim witnessed her vehicle being burglarized and confronted the suspects.

One suspect pointed a gun at the victim and turned this auto burglary into an armed robbery. Investigators served a search and arrest warrant at the suspect's residence at a later time. Patrol rifle deployed as investigators served the warrants. Evidence was recovered in the residence that included cocaine, a large amount of ammunition, and a firearm. The suspect was also located and arrested for narcotic violations, robbery, firearm violations, and being a felon in possession of a firearm.

Outside of Berkeley

21. 40MM launcher
A community member called the police and reported hearing a subject yell, "I'll kill you b****!" 40MM launcher deployed when officers arrived on the scene and saw the subject holding a metal bat. The subject was cooperative and was detained. After further investigation and after speaking with the caller, it was determined that no crime had occurred. The subject volunteering surrendered the bat to the officers and was released at the scene.
4 22. Patrol rifle,
FN303 launcher
Investigators conducted a sex registrant compliance check on a known violent offender and pimp. Patrol rifle and FN303 launcher were deployed during this compliance check. In a previous compliance check, this sex registrant ran and dropped a gun. The sex registrant was not in compliance and a case has been forwarded to the District Attorney's Office for review. 9 23. 40MM launcher
A Berkeley resident called regarding a trespasser who was loitering on her front porch. She reported that the subject was agitated and had attempted to enter her residence. She was scared. The porch where the trespasser was located is atop a flight of 17 steps (second floor). Officers contacted the subject who refused to come down. The subject was uncooperative and threw paper at the officers who were standing at the ground level. The subject was unintelligible.

He was agitated at times and screamed. It was unknown if the subject had weapons. 40MM launcher deployed. Officers engaged in de-escalation tactics and negotiated with him from the ground floor for approximately an hour. The subject requested a cup of coffee. He left once officers gave him a cup of coffee. The Berkeley resident did not wish to press charges and the subject did not fit the criteria for a psychiatric evaluation hold. 9 24. 40MM launcher
A victim called the police and reported being injured after a suspect had thrown rocks at him and then hit him with a golf club. The suspect was located by officers and was still holding a golf club. He was hitting random objects with the golf club and was agitated and on the verge of tears. 40MM launcher deployed as officers contacted the suspect. He was detained and positively identified by the victim. He was arrested for assault with a deadly weapon. At the Berkeley Jail, officers noticed the suspect's eyes were dilated and he started dozing off.

The fire department was summoned for a medical evaluation. They transported the suspect to the hospital. This case was forwarded to the District Attorney's Office for review.
13 25. Patrol rifle
A victim called the police after her neighbor, whom she'd been disputing with, brandished a gun at the victim and her young daughter. The suspect fled in his vehicle and the victim provided the suspect's license plate to the police. Officers located this vehicle and initiated a high-risk vehicle stop. Patrol rifle deployed as 11

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the driver was ordered out of the vehicle and to walk backwards towards the officers. The driver/suspect was detained and admitted that there was a gun in the car. Officers located the firearm. The victim identified the driver as the suspect and he was arrested for firearm violations and brandishing a weapon.

26. Patrol rifle
An elderly victim called the police after two suspects robbed her of her purse.

Officers located the suspect vehicle, but it fled the area. The car was located a second time and officers attempted a vehicle stop, but the suspects fled on foot. Patrol rifle deployed as officers searched for the robbery suspects. Four suspects were located and arrested for robbery. The victim's stolen purse was located in the suspect's vehicle and returned to her. Further investigation showed the suspect's vehicle as a stolen car.
4 27. 40MM launcher
A community member was shopping at a business when she saw a man swinging an axe around and talking to himself in the store. She called the police and reported what she saw. Officers arrived on the scene and saw the man in the store with the axe still in hand. 40MM deployed as officers entered the business and contacted the suspect. He was ordered to lay on the ground which he complied with. He was detained and lied about his name. Further investigations revealed his true identity and a parole violation warrant for his arrest. He was arrested for the warrant. The man never brandished the axe. 9 28. 40MM,
FN303 launcher
The Berkley Fire Department reported a person who attempted to run into the fire station as the garage door was closing. This subject then fled from the fire station and onto the roof of a large warehouse. Officers arrived on the scene and saw the suspect on the roof. The suspect was running back and forth from one side of the roof to the other. The subject ripped cable wires from the roof and used them to climb into the warehouse where he started a fire. Officers entered the warehouse to put the fire out as the suspect climbed back onto the roof. The subject threw items from the roof at officers. Attempts to de-escalate and negotiate with the subject were not effective. Officers suspected the subject to be under the influence of narcotics. One officer launched two 40MM launcher rounds at the subject that caused him to run away from the officer to the parking lot where he was detained. The suspect was transported to the hospital by the fire department and later to jail for burglary, vandalism, arson, and probation violation.
5 29. OC spray
A victim called the police and reported a man kicking down her fence. An officer arrived on scene and contacted the subject who refused to speak to the officer.

The officer followed the suspect on foot as he gave commands for him to stop.

The suspect yelled and cursed at the officer and refused to stop. A second officer arrived and immediately recognized the suspect from prior police contacts as someone violent with the police. This officer ordered the suspect to stop but was ignored. He attempted to grab the suspect's arms, but the suspect pulled his arms away and ran. The suspect physically resisted the officer as he continued his attempts to detain him. This officer sprayed the suspect with OC spray as the suspect continued to resist. When the second officer arrived, they were able to detain him. Medical aid was provided and he was placed on a psychiatric evaluation hold. The suspect is on probation for robbery. The criminal case was forwarded to the District Attorney’s Office for review. 8

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30. 40MM launcher
A community member called the police after she looked outside of her house and saw a man waving a large knife at her residence. The community member did not know this man. 40MM launcher deployed when officers arrived on the scene. They located the subject and detained him. The subject had a large knife and a bag. Further investigation revealed that the knife and bag were stolen from a residence nearby. The stolen property was returned and the subject was arrested for concealing a dirk or dagger.
10 31. 40MM launcher
A downtown business security guard called and reported a theft in progress.

When officers arrived on the scene, they saw the suspect inside the store with a knife in his hand. 40MM launcher deployed as officers entered the business to detain the suspect. The suspect had drug paraphernalia and credit cards that did not belong to him. He was arrested for grand theft, identity theft, and possession of drug paraphernalia.
4 32. 40MM launcher
The Berkeley Fire Department requested the Police for assistance for a subject who was becoming aggressive. The subject is known to the police as an individual with a violent history. Officers arrived to assist the fire department.

The subject was uncooperative with the Berkeley Fire Department medics and was yelling. At one point the subject stood up and lunged at the officers and medics. He sat back down and continued to yell incoherently. 40MM deployed as another officer de-escalated and calmed the subject. The subject was placed on a psychiatric evaluation hold.
4 33. 40MM launcher
A known subject called the police and reported people following her. She told dispatch she "doesn't want to have to kill someone." Officers know this subject as someone who has experienced several mental health crises in the past, has a history of violence involving weapons, and has previously assaulted officers.

Officers located this subject and she was holding a metal pole and knife. 40MM launcher deployed as officers engaged in de-escalation tactics. The subject complied with officers and was safely detained. The subject was placed on a psychiatric evaluation hold.
4 34. 40MM launcher
Employees at an office called the police and reported a suspect barged his way into the office and told the employees that he was waiting for troops. He started taking off his clothes and was aggressive. The subject tried to punch one of the employees. 40MM launcher deployed as officers arrived on the scene.

The subject was located and detained. He was placed on a psychiatric evaluation hold.
4 35. 40MM launcher
An employee called the police and reported a robbery. An officer responded and located the suspect holding a metal rod who refused to comply with the officer’s orders to drop the metal rod. The suspect walked approximately two blocks as the officer followed and attempted to de-escalate the situation. 40MM was deployed as more officers arrived on the scene. The suspect was safely detained and arrested for robbery and parole violation. 4 36. 40MM launcher
A community member called the police and reported that an acquaintance was standing in front of his house holding an axe. He reported that the subject has mental health issues. A second community member called and reported the subject asked him if he needed wood to be chopped. 40MM launcher deployed as officers arrived on the scene. The subject was located and complied with the officer's commands. After talking to both callers, the subject did not threaten 5

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anyone and did not fit the criteria for a psychiatric evaluation hold. The staff at this housing were contacted and advised of the incident.

37. Patrol rifle
A community member called the police and reported a fight between 6-8 individuals. The community member also reported seeing a gun. Officers arrived on the scene and attempted to detain several subjects. They fled from officers and one of them discarded a "ghost gun" that officers recovered. The subject who discarded the firearm was arrested for firearm violations. He also had two warrants for his arrest for robbery and reckless evasion of peace officers. Patrol rifle deployed as officers continued searching the area for the remaining suspects. In the same vicinity, officers tried to stop a car attempting to flee the area. He failed to stop and rammed a police vehicle while an officer was inside, crashed into a parked vehicle, and drove onto the sidewalk before crashing into a fence and becoming immobilized. Officers arrested this suspect for numerous crimes including reckless evasion, assault with a deadly weapon, and hit and run.
5 38. Patrol rifle,
40MM launcher
An elderly mother called and reported that her son was actively violating a restraining order. Officers arrived on the scene and located the suspect in front of the mother's house. The suspect immediately placed his hand in the front pocket of his baggy hooded sweater as if he had a weapon. He yelled, "I have something for you" and "Go ahead, shoot me. I want you to shoot me. I'm ready to die right now!" He walked away from officers and continued to tell officers to shoot him. He kept his hand in his pocket as if he had a weapon. There was a standoff for approximately an hour where the suspect stood on the sidewalk with his hand in his pocket and refused to comply with simple orders. Patrol rifle and 40MM were deployed as officers spent over an hour negotiating with the potentially armed suspect. When he finally took his hand out of his pocket and allowed officers to handcuff him, officers discovered he was holding onto a flare the entire time and had no weapon. He was arrested for violating the restraining order from his mom, elder abuse, and vandalism. 12 39. Patrol rifle
A community member called and reported being a victim of an attempted vehicle theft while she was sitting in the back of her car. The suspect fled the area in another vehicle and the victim chased after him in her car. The suspect reversed and rammed the victim, so the victim rammed the suspect back.

Ultimately, the suspect got away from the victim. Officers conducted an area check and located the suspect vehicle parked and occupied. Officers conducted a high-risk vehicle stop. Patrol rifle deployed as the suspects were detained. The driver had a knife that fell onto the ground as he was detained and a window punch tool was located in his pocket. Records check showed he was on parole.

He was arrested for vehicle theft, assault with a deadly weapon, possession of burglary tools, possession of stolen property, petty theft, and parole violation. 6 40. 40MM launcher
A grandmother called the police and reported that her grandson was trying to kill her daughter, his mother. The grandmother reported that he was armed with a knife and pleaded for the police to respond immediately. She was scared for her life. Officers arrived at the apartment complex and noted that items had been thrown from the grandmother's 4th-floor apartment onto the ground floor. Officers knocked and asked the grandmother to open the door but she was too afraid to come out from her room. The suspect had barricaded items 4

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against the front door. 40MM launcher deployed as officers forced the door open to protect the grandmother and mother. They located the suspect hiding.

He was arrested for numerous crimes including robbery and probation violation. The grandmother and mother were located safe in the residence.

Adult Protective Services was advised of the incident.

41. 40MM launcher
A community member called the police and reported that his son was vandalizing their home. The son is known to officers as someone who uses narcotics and is extremely violent towards police officers. The father advised that his son had just left the residence and was vandalizing cars in front. 40MM launcher deployed as a group of officers approached the suspect and ordered him to the ground. Officers noted the suspect had vandalized a neighbor’s vehicle next to where he was standing. The suspect did not comply with the officer's orders and charged at a police vehicle. He jumped onto the hood of the police vehicle, smashed the windshield, and stomped on the light bar on the vehicle’s roof. While on top of the police vehicle, the suspect ripped out an antenna. While the suspect was stomping on the roof of the police vehicle, an officer launched a 40MM round at the suspect, but it missed. The suspect then sat on the roof of the police vehicle as officers attempted to talk to the suspect.

Officers were able to safely pull the suspect off the roof of the vehicle and detain him. He was placed on a psychiatric evaluation hold and the criminal case was forwarded to the District Attorney's office for review. 10 42. 40MM launcher
Multiple community members called the police and reported a subject throwing items out the window of a vacant multi-unit building. The property manager advised that no one should be in the building and requested the subject be arrested. Officers gave multiple commands outside and inside the building for the suspect to surrender, but he failed to exit. The suspect barricaded himself in one of the units. 40MM launcher deployed as officers forced entry into the unit.

The suspect was located and had burglary tools and drug (methamphetamine) paraphernalia. He was arrested for burglary, possession of burglary tools, possession of narcotics paraphernalia, and other crimes. 5 43. 40MM launcher
A caller reported a suspect was actively violating a domestic violence restraining order and that he was concerned for the protected person. Officers responded to the location and were allowed entry into the residence. 40MM launcher deployed as officers looked for the suspect. He was located and arrested for violating a restraining order and possession of methamphetamine. 3 44. Patrol rifle,
40MM launcher
An officer contacted two teenagers who were drinking alcohol on the corner of a residential neighborhood. During the detention, one of the teenagers told the officer he had a gun. The officer located the gun and arrested him. Records show the suspect had previously been arrested for armed robbery. A search warrant was authorized by a judge for the suspect's residence. Patrol rifle and 40MM launcher deployed as officers cleared the residence. Multiple rifle rounds and other bullets were located.
9

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45. Patrol rifle
Numerous robberies occurred in Berkeley and other cities where the robbers targeted mostly elderly persons leaving specific businesses. Investigators served a search warrant at one of the suspect’s residence. Patrol rifle deployed as they cleared the house. Evidence was recovered during this warrant service.

Suspects in this robbery series were located and arrested at a later time and a firearm was recovered.

Outside of
Berkeley

46. FN303 launcher
An employee at a business called and reported a man breaking windows and furniture with a metal pole. Staff and customers were frightened. FN303 deployed as officers entered the business to detain the man reportedly armed with a metal pole. The suspect was detained and arrested for vandalism. He caused $90,000 worth of damages to this business.
5 47. FN303 launcher
A caller reported that a suspect had possibly broken into a residence and was trespassing. Officers confirmed this and ordered the suspect to exit, but he refused to come out and barricaded himself. Officers negotiated with the suspect as the homeowner arranged for a house key brought to the officers.

FN303 deployed as officers made entry into the residence and detained the suspect. He was placed on a psychiatric evaluation hold. 5 48. Patrol rifle
Officers responded to an active shooter in another city. Witnesses reported multiple shots fired with an employee shot. Patrol rifle deployed as officers made entry into the business and contacted a suspect who was armed with a firearm. Officers shot the suspect and located the victim employee deceased.

Outside of
Berkeley

49. Patrol rifle,
40MM launcher
A community member flagged down a police officer and reported being a victim of an armed robbery. Officers responded and attempted to detain two suspects nearby. The suspects ran into the rear yards of a residential neighborhood.

Patrol rifle and 40MM launcher were deployed as officers conducted an extensive search for the armed suspects. Both suspects were located and positively identified by the victim as the ones who robbed him. They were arrested for robbery.
5 50. 40MM launcher
Investigators served an arrest warrant on a white supremacist prison gang member who is a sex registrant. This suspect was trying to contact a 10-year-old child against a court order. 40MM launcher deployed as the arrest warrant was served. He was located and arrested.

Outside of
Berkeley

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51. FN303 launcher,
Light/sound
distraction device,
LRAD,
Patrol rifle,
40MM launcher,
Remington 700 rifle
Several robberies occurred outside of Berkeley where the suspects evaded CHP in a stolen vehicle. Police officers from another agency located the suspect vehicle parked in Berkeley and surveilled it and requested Berkeley Police for assistance. Berkeley officers successfully detained the violent suspects after they attempted to flee. Several officers were hurt during the detention and a firearm with an extended magazine was located in the stolen vehicle the suspects were in. Property from armed robbery victims were located in the stolen vehicle. One of the suspects detained had a warrant stemming from a Berkeley robbery. Further investigations connected these suspects and their associates to 16 different Bay Area criminal cases that included shootings, robberies, burglaries, and other crimes. The suspects were arrested. At a later time, The Special Response Team served a high-risk search warrant on the suspects' residence in another city. The LRAD and light/sound diversion device were used during the service of the search warrant. Two suspects were arrested for robbery and firearm violations. Evidence that included two handguns and two assault rifles was recovered from this search warrant.

Outside of Berkeley

52. Patrol rifle
A robbery victim called the police to report her boyfriend was being robbed by a suspect armed with a gun. There was a struggle between the suspect and the boyfriend for the gun. The suspect fired a round in the air as officers arrived.

Officers chased after the suspect as he fled on foot. Patrol rifle deployed as other officers arrived. Officers caught up to the suspect and gave orders which the suspect refused to follow. A brief struggle ensued where the suspect and officers were all on the ground. The suspect kept reaching for his waistband which was concealed since he was laying on his stomach. Officers struggled to pull the suspect's hands out from his waistband but were ultimately successful.

They handcuffed the suspect and discovered he was reaching for a gun at his waistband. The suspect was arrested for armed robbery and firearm violations. 10 53. OC spray
A community member called and reported a subject doing martial arts moves near pedestrians. People moved out of his way, but he attacked a random person. Officers responded and contacted the shirtless suspect. He appeared compliant initially, but without warning, he attempted to grab an officer's leg.

Officers struggled with the suspect in their attempts to handcuff him. The suspect grabbed onto the officer's vest where other equipment was located and attempted to pull him onto the ground. The officer managed to unholster his OC spray and sprayed the suspect. It should be noted that this suspect is 6'3" and approximately 250lbs and was significantly bigger than both officers. A third officer arrived at the scene and they were able to handcuff the suspect who continued to resist. Medical aid was provided to the suspect. He was placed on a psychiatric evaluation hold and the criminal case was forwarded to the District Attorney's Office.
4 54. 40MM launcher
Employees at an apartment complex called the police and reported domestic violence where the victim was dragged down the hallway and her hair pulled by the suspect. The suspect and victim were not located, but surveillance cameras recorded the violent crime. 40MM launcher deployed as investigators served an arrest warrant for the suspect. He was located and arrested for domestic violence.
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55. FN303 launcher
A front desk employee at an apartment complex called the police and reported someone screaming for help. The employee reported that the screaming subject was holding a gun. She later said it was a knife. FN 303 launcher deployed as officers knocked on the front door of the subject's apartment. The subject complied with officers and displayed signs of a mental crisis. He was placed on a psychiatric evaluation hold.
12 56. 40MM launcher
A community member called the police and reported someone screaming in front of her apartment complex at 2:00am. The community member reported hearing the subject scream that he had a gun and was throwing objects at the building. Officers knew this subject from prior contacts as someone violent with the police. Officers deployed 40MM launcher as they communicated with the subject from a distance. The subject was screaming and yelling at officers, but eventually complied and was detained. He was placed on a psychiatric evaluation hold.
2 57. 40MM launcher,
Patrol rifle
Several robberies occurred outside of Berkeley where the suspects evaded CHP in a stolen vehicle. Police officers from another agency located the suspect vehicle parked in Berkeley and requested Berkeley Police for assistance.

Berkeley officers successfully detained the violent suspects after they attempted to flee. Several officers were hurt during the detention and a firearm with an extended magazine was located in the stolen vehicle the suspects were in. Property from armed robbery victims were located in the stolen vehicle. One of the suspects detained had a warrant stemming from a Berkeley robbery.

Further investigations connected these suspects and their associates to 16 different Bay Area cases that included shootings, robberies, burglaries, and other crimes. The suspects were arrested. At a later time, Detectives served a warrant at a Berkeley residence that is connected to one of the suspects. Patrol rifle and 40MM launcher were deployed as Detectives served the warrant.

Evidence relating to shootings and robberies was located. 11 58. 40MM launcher
A community member called the police and reported a friend ingested an entire bottle of pills in his attempt to commit suicide. Officers arrived on the scene and contacted the man through the window of an RV he was inside of. The subject was screaming for officers to leave and expressed his desire to die. He also threatened to burn the RV down if officers approached. The subject passed out so officers entered the RV to save him. 40MM deployed as officers contacted the man. The fire department took the man to the hospital where he was placed on a psychiatric evaluation hold.
13 59. FN303 launcher,
40MM launcher
A community member called the police and reported being the victim of domestic violence. She reported that her boyfriend strangled her and punched her in the head multiple times. She fled their apartment to call the police.

Further investigations showed three warrants for the subject's arrest and a stay-away order protecting the victim. Officers attempted to contact the subject at the apartment, but the subject refused to come to the door. FN303 and 40MM launchers were deployed as officers continued to negotiate with the subject to surrender. He surrendered after 20 minutes and was arrested for domestic violence and violating a restraining order.
5

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60. 36" batons,
FN303 launcher,
40MM launcher
The Special Response Team (SRT) assisted the San Francisco Police Department during the 2023 APEC Conference. SRT members were not utilized and were in San Francisco in a standby capacity. No contact was made with any community members.

Outside of
Berkeley

61. Patrol rifle
A community member called the police and reported seeing a man with a gun.

Officers arrived on the scene and contacted the community member. He pointed out the vehicle that the subject with the gun entered. Patrol rifle deployed as officers conducted a high-risk vehicle stop on the vehicle and contacted the driver. A firearm was located but turned out to be a BB gun. No brandishing of the BB gun was ever made by the subject. No arrest was made. 14 62. Patrol rifle
Detectives served a search warrant on a prolific burglary suspect who has an extensive arrest history including sexual assault, firearm violations, and assault with a deadly weapon. Patrol rifle deployed as Detectives entered the residence and served the warrant. Evidence was recovered and the investigation is ongoing.
5 63.

Light sound
distraction device,
Patrol rifle,
40MM launcher
A community member called and reported her upstairs neighbor fired a gun and the bullet traveled down into her apartment. Officers were familiar with the apartment where the gunshot came from because of previous domestic violence and child abuse investigations from that unit. Officers confirmed that a bullet was shot through the ceiling from the upstairs unit into the downstairs unit. Officers negotiated with the suspect to surrender, but he refused. Patrol rifle and 40MM launcher were deployed. Officers continued to negotiate with the suspect to surrender. After a 5-hour police standoff, the suspect surrendered. A search warrant at the house was served and evidence was recovered that included an assault rifle and many rifle rounds. The suspect was arrested for firearm violations, probation violation, child endangerment, narcotics, and a stay-away order violation.
11 64.

FN303 launcher,
Patrol rifle
40MM launcher
A community member requested a Police officer conduct a welfare check on a subject who was banging his head against a van. When the officer arrived at the scene, a shirtless man ran up to the police vehicle with a large knife and stabbed at the police vehicle several times. The officer sped away to gain distance from the subject. After gaining distance from the subject, the officer exited his police vehicle and employed de-escalation techniques. The subject refused the drop the knife and pointed the knife at the officer on several occasions in a threatening manner. More officers arrived to assist. Patrol Rifle, 40MM launcher, and FN 303 launchers were deployed. Officers continued to speak to the subject and attempted to de-escalate, but the man rambled about the FBI ruining his life and was yelling at officers. This was an extremely dangerous situation as the man refused to drop the knife. Officers launched 40MM and FN303 rounds at the man causing him to drop the knife. Officers immediately detained the man and medical attention was provided. He was placed on a psychiatric evaluation hold. The criminal case was forwarded to the District Attorney's Office.
2

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Below is a table that shows the total number of times a specified equipment was deployed in 2023. It should be noted that different types of equipment may be deployed in one incident and the same equipment may be deployed by multiple officers within a single incident.

EQUIPMENT Number of
Deployments
Patrol Rifle 27
40MM Single Launcher 41
40MM LTL Multi-Launcher 0
FN 303 Launcher 16
FN Pava Impact Projectile 0
Oleoresin Capsicum Spray 2
Chlorobenzylidene Malononitrile and Oleoresin
capsicum
0 Remington 700 Rifle 3
Light/Sound Diversionary Device 5
Long Range Acoustic Device 4
36” Batons 1
Barret Model 99 0

Below is a pie chart that represents in percentage the equipment deployments that were in response to 2 arrest warrants, 10 search warrants, and 52 calls for services.

Calls for Service,
81%
Search Warrant,
16%
Arrest Warrant,
3%
Equipment Deployments
Calls for Service
Search Warrant
Arrest Warrant

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Below is a map showing where each of the above 55 equipment deployments occurred in Berkeley. 9 occurred in other Bay Area cities.

The following are product descriptions of the military equipment the Berkeley Police Department possesses:

Patrol Rifle:

The “M4” was developed and produced for the United States government by Colt Firearms and was based off of the original Armalite Rifle (AR) patent purchased by Colt in 1959. Although Colt owned the trademarked name of “M4”, a number of other manufacturers offer M4- like firearms under various model names. The M4 and its variants fire

5.56×45mm NATO (and .223 Remington) ammunition, and are a gas- operated, magazine-fed firearm with a barrel length ranging from 11.5” to 16”.

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The current Berkeley Police Department (BPD) rifle ammunition used is the .223 Remington, a rimless, bottlenecked rifle cartridge. The round was developed in 1957 by Remington Arms and Fairchild Industries. The .223 Remington is considered one of the most popular cartridges and is currently used by a wide range of semi-automatic and manual-action rifles as well as handguns. While the military uses the similar 5.56x45 NATO cartridge, BPD uses the more common and often regarded civilian cartridge of .223 Remington for all training and duty uses.

Penn Arms 40MM Single Launcher & Milkor LTL Multi-Launcher The 40mm impact projectile was developed as an alternative to the 12- gauge bean bag round and other more indiscriminate less lethal options.

Early 12-gauge bean bag round designs had somewhat unpredictable flight patterns and could cause significant unwanted injury. The 40mm foam baton round was developed as a direct-fire projectile designed to minimize the risk of unintended injuries. Currently, the Berkeley Police Department utilizes the CTS 4557 foam baton projectile and the Penn Arms L-140 single- shot launcher.

FN 303
The FN 303 was developed in 2003 by Fabrique Nationale de Herstal as a less lethal option. The FN 303 is based on a concept developed by Monterey Bay Corporation. The development team consisted of designers and researchers from two paintball related companies. The FN 303 uses compressed air to propel a .68 caliber projectile similar to that of most manufactured paintball guns.

Oleoresin capsicum (OC spray)
First Defense manufactures different sizes of OC sprays. OC is the chemical agent that is most widely used amongst Law Enforcement (LE) and the general public. OC has a pungent and irritating pepper odor. It is classified as an inflammatory agent. Besides being effective on humans, OC-based chemical agents usually work on animals as well. In a liquid form, OC can appear as a clear, amber, or heavy dark red solution depending on the manufacturer. It is mixed with several types of solutions which act as carriers.

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Chlorobenzylidene Malononitrile (CS) & (OC)
Chlorobenzylidene malononitrile (CS) is one of the most commonly used “tear gases” in the world. It can be liquid, gaseous, or solid substance intended to produce temporary discomfort through being vaporized or otherwise dispersed in the air. Law enforcement (LE) agencies have found this agent invaluable when faced with combative suspects, for crowd/riot control, and for alleviating barricaded subject situations. LE use it to help control individuals or groups without the need for a higher level of force.

There are four different deployment methods of chemical agents (Aerosol - most commonly used by police departments, Fogging, Pyrotechnics, and blast expulsion). All methods of deployment can be affected by certain environmental and physical conditions (wind, rain, temperature, distance, and proximity to others). At standard daily temperatures and pressures, CS forms a white crystal with a low vapor pressure and poor solubility in water.

OC is a chemical agent that has a pungent and irritating pepper odor. It is classified as an inflammatory agent. OC is mixed with several types of solutions which act as carriers.

Remington 700 Precision Rifle
The Remington 700 is a series of bolt-action rifles designed in 1962 by the Remington Arms Company. The “700” designator is the generic name for multiple models of rifles with various parts, barrel lengths, stocks, etc. The Remington 700 rifle has long been used by law enforcement agencies and continues to be an industry standard for issued equipment. The Berkeley Police Department utilizes a custom Remington 700 action, chambered in the common .308-caliber round, with a 20” barrel and an Accuracy International chassis/stock. The rifle also includes a Nightforce 3-15x magnified optic and bipod.

Light/Sound Diversionary Device
Light/Sound Diversionary devices also known as distraction devices, flashbang, light/sound and noise/flash devices have been available for approximately 40 years and are a safe and effective tool for Law Enforcement (LE) to use during challenging tactical incidents. When a

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diversionary device is deployed it creates a loud noise, heat and brilliant light and creates an effective diversion.

Long Range Acoustic Device (LRAD)
The Long-Range Acoustic Device (LRAD) is a high-intensity directional acoustical array for a long-range, crystal-clear notification system. The use of the LRAD is for communications. It is essentially a powerful loud speaker.

36” Baton
The Berkeley Police Department issues a knurled grip, polycarbonate, fixed- length straight baton for crowd control purposes. The baton is 36” long and

1.25” in diameter and weighs about 1.64 pounds. Polycarbonate is a thermoplastic, which means it is durable and resistant to splintering and heat.

Barrett Model 99 Precision Rifle
The Barrett Model 99 rifle is a single-shot bolt-action 50-caliber rifle first introduced in 1999. It is intended to be used in emergencies where there is a high potential for violence.

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Appendix:

Applicable Lexipol Policies Respective to Each Equipment

Patrol Rifle
• Policy 300 (Use of Force)
• Policy 349 (Tactical Rifle Operator Program)

40MM single launcher
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

40MM LTL multi-launcher
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

FN 303 Launcher & FN Pava rounds
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

Chlorobenzylidene Malononitrile and Oleoresin Capsicum (canister and spray) • Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

Remington 700 Rifle
• Policy 300 (Use of Force)
• Policy 354 (Precision Rifle)

Light/Sound Diversionary Device
• Policy 353 (Diversionary Device)

Long Range Acoustic Device
• Policy 707 (Long Range Acoustical Device)

36” batons
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
• Policy 428 (First Amendment Assemblies)

Barret Model 99
• Policy 300 (Use of Force)
• Policy 354 (Precision Rifle)

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POLICE ACCOUNTABILITY BOARD

SUPPLEMENTAL PACKET
Wednesday, February 28, 2024
6:30 P.M.

Board Members
John Moore III (Chair) Leah Wilson (Vice-Chair)
Kitty Calavita Regina Harris
Julie Leftwich Brent Blackaby
Joshua Cayetano Alexander Mozes

MEETING LOCATION
North Berkeley Senior Center
1901 Hearst Avenue
Berkeley, CA 94709
(Click here for Directions)

Item Number Description Page

11.d. ODPA Memorandum titled “Berkeley Police
Department’s Police Equipment and Community Safety
Ordinance 2023 Annual Report”
1

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Item 11.d. - ODPA Memorandum titled “Berkeley Police Department’s Police Equipment and Community Safety Ordinance 2023 Annual Report”

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1 RECOMMENDATION

Date: Monday, February 26, 2024
To: Honorable Members of the Police Accountability Board (PAB) From: Hansel Aguilar, Director of Police Accountability (DPA) Keegan Horton, Investigator
Jose Murillo, Program Analyst
Michelle Verger, Policy Analyst

Subject: Berkeley Police Department’s Police Equipment and Community Safety Ordinance 2023 Annual Report
Background:

In May 2021, the Berkeley City Council approved the Police Equipment and Community Safety Ordinance (Ordinance No. 7,760 -N.S.), which requires the Berkeley Police Department to provide an annual report on the deployment of specific equipment.

The report is to be reviewed by the Police Accountability Board (PAB), which will assess compliance with the relevant approval standards set forth by BMC Section 2.100.040. If any equipment is found to be non -compliant with the standards set forth by BMC

2.100.040, the PAB “shall reco mmend revocation of the authorization for that piece of Controlled Equipment or modify the Controlled Equipment Use Policy in a manner that will resolve the lack of compliance. Recommendations for revocations shall be forwarded to City Council in accordance with the approval process in Section 2.100.040.” The PAB shall make these determinations based on the content of the report.

BMC Section 2.100.050(A)(1)(a) – 2.100.050(A)(1)(e) provides minimum reporting requirements for the use of Controlled Equipment. Those reporting requirements are the following:

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2 a. Production descriptions for Controlled Equipment and inventory numbers of each product in the Police Department’s possession.
b. A summary of how Controlled Equipment was used. For the purposes of annual reports , "use" of equipment shall refer to equipment that is Deployed, not to transfers of location or placement of equipment inside Department vehicles.
c. If applicable, a breakdown of where Controlled Equipment was used geographically by individual police area. F or each police area, the Police Department shall report the number of days or instances in which Controlled Equipment was used and what percentage of those daily reported uses were authorized by warrant and by non-warrant forms of court authorization. d. A summary of any complaints or concerns received concerning Controlled Equipment.
e. The results of any internal audits, any information about violations of Controlled Equipment Use Policies, and any actions taken in response.

The PAB shall make recommendations b ased on compliance with the standards outlined in this ordinance.

The Office of the Director of Police Accountability (ODPA) received the Police Equipment and Community Safety Ordinance 2023 Annual Report (hereafter ‘2023 Report’) from Interim Chief Jennifer Louis on February 23, 2024.

Given the limited time before the next regular PAB meeting (February 28, 2024) the ODPA staff has conducted an initial review of the report to ensure compliance with the relevant sections of the Berkeley Municipal Code . This memorandum provides recommendations to assist the PAB in determining, based on the report, whether each piece of Controlled Equipment reported on has complied with the standards for approval set forth in Section 2.100.040.

Analysis:

Minimum Reporting Requirements:

In summary, the reporting requirements as articulated in BMC Section 2.100.050(A)(1)(a) –

2.100.050(A)(1)(e) appeared to be complied with in this annual report. Of special note, the ODPA highlights that the BPD has implemented the 2022 recommendation to include the percentage of equipment deployments as illustrated in the visualization on pg. 18 of the 2023 Report.

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3 Enhancing Depth in Oversight: Beyond Preliminary Analysis Upon the ODPA review of the 2022 report, the DPA remarked that the ODP A and PAB only conducted a superficial review of the annual report since no additional exhibits (i.e. BPD incident reports, BWC footage, etc.) were considered. It appears by the language of the ordinance, that the legislative intent also contemplated a mor e qualitative review 1 of the incidents where the equipment was deployed and or used 2. To this end, the ODPA makes the below recommendations on potential avenues for conducting a review of the incidents in question:

Recommendations:
#1 The PAB should consider conducting a systematic review of the incidents referenced in the 2023 Report:

The PAB should consider adopting a methodology for the review of the incidents in the 2023 Report that considers:
• How to systematically review the compliance of the re ported equipment;
• Balancing the current workload of the PAB/ODPA,
• Ensuring a timely review that does not impede with BPD’s intended presentation of the report to the Council
Specifically, the ODPA recommends three potential methodological approaches:

1 Section 2.100.040 (C)(2) states: “ If the submitted Controlled Equipment Impact Report identifies a risk of potential adverse effects on the public’s welfare, safety, civil rights, or civil liberties, the Police Accountability Board’s recommendation for approval for the funding, acquisition, or use of the Controlled Equipment shall not be deemed an acquiescence to those effects, but instead an acknowledgment of the risk of those effects and the need for the Police Department to take proactive steps to minimize those effects.”

2 For a distinction of this terminology see pg. 3 of the report: “Section 2.100.020 (D) defines deployment as “to utilize or employ Controlled Equipment for a deliberate purpose in the presen ce of members of the public during management or control of crowds, during any Special Response Team deployment or to affect some response from members of the public during any other operation or critical response. “Deployed” shall not mean an officer merely wearing a piece of Controlled Equipment on their belt or elsewhere on their person.” Deployment means the display of the equipment to affect some response from members of the public. The equipment does not have to be used (I.E. less lethal projectile ac tually launched and struck a suspect); simply having it and in view of a person to specifically affect a response would be considered a deployment. Deployments are to be reported per the ordinance and the table on page 5 of this report reflects both deployments and utilization of equipment.”

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4 APPROACH/
METHOD

PROS CONS
Full Review of
Each Incident
(deployed/used)
=64 cases
• Can assist with a more
thorough assessment of
compliance beyond the
summary narrative for all
incidents
• External/independent review
can augment the validity of the
BPD review
• Time-consuming
• Resource extensive
Full Review of
Each Incident
where equipment
was “used” = 12
cases
• A f ocused review can ensure
resources/time are maximized
• External/independent review
can augment the validity of the
BPD review
• (Depending on exhibits)
Time-consuming
• (Depending on exhibits)
Resource extensive
Random and or
purposive
sampling/
selection of
Deployed/Use
Cases (1/4) = 16
cases
• Ensures review of both
deployed and used cases
• A focused review can ensure
resources/time are maximized
• External/independent review
can augment the validity of the
BPD review
• (Depending on exhibits)
Time-consuming
• (Depending on exhibits)
Resource extensive
#2 The BPD should consider affixing, linking , and or attaching incident reports, BWC footage, and or any other relevant records related to the deployment and use of the incidents in a way that is consistent with federal, state, and local law.

Affixing, linking, or attaching these documents directly to the report not only facilitates a deeper, more accessible review process for all stakeholders but also ensures that the evaluation of police equipment use is comprehensive and grounded in real -world contexts. This approach should be carefully designed to align with federal, state, and local privacy and disclosure laws, safeguarding both the integrity of the review process and the privacy rights of individuals involved. Implementing this recommendation would significantly improve the quality of oversight and public trust in the BPD's operations, fostering a more informed and engaged community discourse around police practices and equipment use.

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5 # 3 The BPD should consider utilizing the ArcGIS StoryMaps 3 feature to map out the incidents in the Transparency Hub
It is recommended that the BPD leverages the ArcGIS StoryMaps feature to dynamically map out incidents within their Transparency Hub. This innovative approach not only provides a visual and geographic context to the incidents involving police equipme nt deployment and use but also enhances public engagement and understanding. By utilizing StoryMaps, the BPD can offer an interactive platform that allows citizens to explore the data through maps, images, and narratives, making the information more accessible and comprehensible. This tool will not only aid in promoting transparency but also in building trust between the community and the police department by providing a clear, engaging, and informative overview of incidents in a geospatial context.

3 For more information on this tool visit: https://storymaps.com/

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Public
1947 Center Street, 5th Floor, Berkeley, CA 94704 TEL: 510-981-4950 TDD: 510-981-6903 FAX: 510-981-4955 Website: https://berkeleyca.gov/safety-health/police-accountability Email: [email protected] John “Chip” Moore
Chair of the Police Accountability Board
[email protected]
April 23, 2024
Via Electronic Delivery
[email protected]
Jennifer Louis, Chief of Police
Berkeley Police Department 2100
Martin Luther King Jr. Way
Berkeley, CA 94704
Re: Berkeley Police Department’s Police Equipment and Community Safety Ordinance 2023 Annual Report
Dear Honorable Mayor and Members of the City Council,
The Police Accountability Board (P
AB) held its regular meeting on April 17th, 2024,
during which they concluded their review of the Berkeley Police Department’s Police Equipment and Community Safety Ordinance 2023 Annual Report. The PAB unanimously voted1 to approve the report as it met the minimum reporting requirements.

However, the PAB would like to note that no additional exhibits were considered in their review of the various incidents summarized within the report that would allow for a more qualitative review (i.e. BPD Incident reports, Body-Worn Camera Footage, etc.). It appears by the language of the ordinance, that the legislative intent was to empower the PAB to conduct a more qualitative review
2 of the incidents where the equipment was deployed and or used 3 to 1 The Board currently consists of 7 out of 9 possible members. Board Member Calavita was absent for this meeting. The six (6) Board members present –Chair Moore, Vice Chair Wilson, Blackaby, Cayetano, Leftwich, and Mozes all voted to approve the report.
2 Section 2.100.040 (C)(2) states: “ If the submitted Controlled Equipment Impact Report identifies a risk of potential adverse effects on the public’s welfare, safety, civil rights, or civil liberties, the Police Accountability Board’s recommendation for approval for the funding, acquisition, or use of the Controlled Equipment shall not be deemed an acquiescence to those effects, but instead an acknowledgment of the risk of those effects and the need for the Police Department to take proactive steps to minimize those effects.”
3 For a distinction of this terminology see pg. 3 of the report: “Section 2.100.020 (D) defines deployment as “to utilize or employ Controlled Equipment for a deliberate purpose in the presence of members of the public during management or control of crowds, during any Special Response Team deployment or to affect some response from members of the public during any other operation or critical response. “Deployed” shall not mean an officer merely wearing a piece of Controlled Equipment on their belt

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Public
1947 Center Street, 5th Floor, Berkeley, CA 94704 TEL: 510-981-4950 TDD: 510-981-6903 FAX: 510-981-4955 Website: https://berkeleyca.gov/safety-health/police-accountability Email: [email protected] appropriately evaluate any adverse effects on the public’s welfare, safety, civil rights, or civil liberties. To that end, the PAB is actively working on implementing a systematic review process to facilitate such assessments and further promote transparency. The Office of the Director of Police Accountability has presented the Board with a proposed methodology 4 for compliance review that is being considered by our body.

As part of the ongoing commitment to improvement, an additional suggestion for the BPD is to enhance their transparency efforts by exploring the incorporation of an interactive ArcGIS StoryMap focused on Controlled Equipment usage, akin to the approach used for documenting instances of Use of Force, allowing for greater community engagement and understanding. The PAB is more than willing to support the BPD in its efforts and is open to further discussion on this recommendation. The PAB thanks the BPD for considering this recommendation and for their efforts in incorporating the feedback provided by the PAB in last year’s report into the current report.

Best regards,
John “Chip” Moore
Chair of the Police Accountability Board
Cc: Honorable Mayor and Members of the City Council
Bedwendolyn Deshawn Williams-Ridley, City Manager
Farimah Brown, City Attorney or elsewhere on their person.” Deployment means the display of the equipment to affect some response from members of the public. The equipment does not have to be used (I.E. less lethal projectile actually launched and struck a suspect); simply having it and in view of a person to specifically affect a response would be considered a deployment. Deployments are to be reported per the ordinance and the table on page 5 of this report reflects both deployments and utilization of equipment.” 4 Please see Page 20 of the PAB’s March 27th, 2024 Regular Meeting Packet:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting-attachments/2024-03-27 PAB Regular Meeting Packet.pdf

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Active Transportation Program Cycle 7 Grant Funding Applications

RECOMMENDATION
Adopt four Resolutions authorizing the City Manager to submit grant applications to the Caltrans Active Transportation Program (ATP) for the following projects: Southwest Berkeley Bike Boulevards for up to $4 million; Adeline Street Quick-Build for up to $1.05 million; accept the grants if awarded, and execute any resulting agreements and amendments. Two of these Resolutions are for applications to the Caltrans- administered ATP Statewide grant program, and two are applications to a regional sub- program, administered by the Metropolitan Transportation Commission (MTC).

FISCAL IMPACTS OF RECOMMENDATION
If the City wins these grant awards, Caltrans will provide a total of up to $4,916,100 to the City’s State Transportation Grants Fund (Fund 344) for improvements to several major corridors and local streets. The ATP funding request for the Southwest Berkeley Bike Boulevards project is $3,875,100. The ATP funding request for the Adeline Street Quick-Build improvements is $1,041,000. The ATP requires that applicants provide at least 11.47% of the total funding amount in matching funds. Required matching funds in the amount of $563,900 are available starting in fiscal year 2029 from Measure BB Fund 134 (Bicycle and Pedestrian) and Fund 134 (Local Streets and Roads). The total estimated ATP funding request for both projects is $4,916,000.

ATP Cycle 7 Grant Funding Requests and Matching Funds
Southwest Berkeley Bike Boulevards $3,875,100
Adeline Street Quick-Build $1,041,000
Total ATP Grant Funding Request $4,916,100
City Matching Funds Available $563,900
TOTAL ATP Grant and City Match $5,480,000

CURRENT SITUATION AND ITS EFFECTS
The safety countermeasures and traffic calming improvements in these projects were identified in the following Council approved plans: 2017 Berkeley Bike Plan, 2020 Berkeley Vision Zero Plan, 2020 Berkeley Pedestrian Plan, and the 2020 Adeline

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Active Transportation Program Cycle 7 Grant Funding Applications CONSENT CALENDAR June 4, 2024

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Corridor Specific Plan. These projects will connect people to key destinations in Southwest Berkeley, including the Ashby BART station, Ed Roberts Campus, Malcolm X Elementary School and businesses in the Lorin District. Both projects will close gaps between existing and planned low-stress bike infrastructure in South and Southwest Berkeley. The Southwest Berkeley Bike Boulevards project will be submitted in the “Capital Projects” ATP grant category, and the Adeline Street Quick-Build project will be submitted in the “Quick-Build” grant category.

Southwest Berkeley Bike Boulevards
The Southwest Berkeley Bike Boulevards project will install bicycle boulevard treatments along the following routes:
 Mabel Street from Russell Street to 66th Avenue
 66th Avenue from Mabel Street to Idaho Street
 Idaho Street from 66th Street to Harmon Street
 Harmon Street from Idaho Street to King Street
 King Street from Prince Street to Alcatraz Avenue
 Prince Street from King Street to MLK Jr Way, and
 Alcatraz Avenue from Sacramento Street to Adeline Street.

Bicycle Boulevard treatments on Mabel Street, 66th Avenue, Idaho Street, Harmon Street and Prince Street will include traffic circles, new signage, roadway stencils, a hybrid-beacon crossing at Sacramento Street and additional traffic calming safety measures. Bike lanes will be added on Alcatraz Avenue from Adeline Street to King Street with additional traffic calming safety measures along the existing Bicycle Boulevard on King Street. Pedestrian safety will be improved throughout the project area by implementing ADA-compliant curb ramps, median refuges, hardened centerlines, curb extensions and raised and high visibility crosswalks where feasible.

Adeline Quick-Build Project
This project runs on Adeline Street from Ashby Avenue to the Berkeley city limit at approximately 61st Street. There are currently six lanes of traffic on Adeline Street (three lanes in each direction). This project would reduce the number of through lanes from six to four lanes (two in each direction) and accommodate construction of a one-way protected bike lane (“cycle track”) on each side of Adeline Street. This will make an important connection in the regional bike network, bridging the gap from where the Adeline Street cycle track ends at Ashby Avenue in Berkeley to where it resumes on Adeline at the Oakland border. It will also connect to the cycle track that the City of Oakland is planning for Martin Luther King Jr Way. The low cost of project materials will create a cost-effective means of constructing safe infrastructure while offering the Public Works design flexibility to respond to community input. If awarded, Public Works will coordinate with Oakland’s Department of Transportation to align our project delivery schedules and design as much as possible to provide a safe connection between jurisdictions. Transit operation impacts will be considered, and this project will include bus boarding islands at several stops along Adeline Street to minimize conflicts between bicyclists, buses and pedestrians.

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BACKGROUND
The ATP is a State program managed by Caltrans, which consolidates previous federal and state transportation funding programs, including the Transportation Alternatives Program, Bicycle Transportation Account and State Safe Routes to School, into a single program with a focus to make California a national leader in active transportation. The current ATP Cycle 7 includes about $568M of available grant funding made up of Federal, State SB1 and State Highway Account (SHA) funding. The funding/programming years include the 25/26, 26/27, 27/28 and 28/29 fiscal years. The ATP accepts applications in three different categories: conventional capital projects; Safe Routes to School projects; and Quick Build projects.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The projects in these grant applications are designed to promote sustainable transportation and climate resilience by improving traffic safety for people walking and riding bicycles. This is consistent with the 2009 Climate Action Plan (Plan) Policy 5.A, which calls for expanding and improving the City’s bicycle and pedestrian infrastructure.

The Plan’s target is to reduce transportation emissions 80% below year 2000 levels by 2050. The Plan further states that transportation modes, such as public transit, walking and bicycling, must become the primary means of fulfilling the City’s mobility needs in order to meet these targets.

RATIONALE FOR RECOMMENDATION
The ATP funding allows the City to address traffic safety issues along major transportation corridors and promote environmentally-friendly mobility. The need for the projects in these applications has been identified in the Council-approved 2017 Bicycle Plan (Resolution No. 67,945-N.S.), 2019 Vision Zero Action Plan (Resolution No. 69,324-N.S.) and 2020 Pedestrian Plan (Resolution No. 69,711–N.S). These documents were the result of robust public engagement processes involving members of the public, Transportation Commissioners and numerous stakeholders throughout Berkeley. Not applying would mean foregoing up to $4,916,000 in potential grant funding and leaving traffic safety issues on these streets unaddressed.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to apply for these funds. However, no alternative funding source has been identified to complete these key traffic safety and sustainability projects.

CONTACT PERSON
Wahid Amiri, Deputy Director, 510-981-6396
Hamid Mostowfi, Transportation Manager, 510-981-6403
Eric Anderson, Principal Planner, 510-981-7062
Dani Dynes, Associate Planner, 510-981-7053

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Attachments:
1: Resolution - California Active Transportation Program for Southwest Berkeley Bike Boulevards
2: Resolution - California Active Transportation Program for Adeline Street Quick-Build 3: Resolution - Resolution of Local Support
4: Resolution - Application for Funding Assigned to MTC

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

GRANT APPLICATION: ACTIVE TRANSPORTATION PROGRAM FOR SOUTHWEST

BERKELEY BIKE BOULEVARDS
WHEREAS, residents experience difficulty finding safe bicycling routes in the project area; and
WHEREAS, traffic safety were identified in previous planning efforts and new bike boulevards were recommended as part of the 2017 Bike Plan (Resolution no . 67,945- N.S); and
WHEREAS, promoting bicycling and walking as a form of transportation supports the goals of the Berkeley Climate Action Plan and Berkeley Strategic Plan; and WHEREAS, traffic circles, new signage, roadway stencils, a hybrid-beacon crossing, curb ramps, median refuges, hardened centerlines, and curb extensions are among the potential safety improvement measures proposed in the 2017 Bicycle Plan; and WHEREAS, California Active Transportation Program statewide component funds can be used for projects that encourage increased use of active modes of transportation such as walking and biking.; and
WHEREAS, the City has identified $444,500 in matching funds available in FY 2028 from Measure BB Fund 134 (Bicycle and Pedestrian) and Fund 134 (Local Streets and Roads) to complete this project; and
WHEREAS, if awarded, the grant funds will be placed in the City’s State Transportation Grants Fund (Fund 344) starting in FY 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to submit a grant application to the California Active Transportation Program for Southwest Berkeley Bike Boulevards safety improvements for the amount of up to $4 million; and accept the grants if awarded, and execute any resultant agreements and amendments.

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

GRANT APPLICATION: ACTIVE TRANSPORTATION PROGRAM FOR ADELINE

STREET QUICK-BUILD
WHEREAS, residents experience difficulty finding safe bicycling routes in the project area and Adeline Street has been identified as a high-injury street for severe and fatal traffic crashes involving pedestrians in the 2020 Berkeley Vision Zero Action Plan (Resolution no 69,324-N.S.) and the 2020 Berkeley Pedestrian Plan (Resolution no 69,711–N.S); and and
WHEREAS, traffic safety issues were identified and low-stress bikeways, including cycle tracks where feasible, were recommended on Adeline Street in the 2017 Berkeley Bike Plan (Resolution no. 67,945-N.S) and the Adeline Corridor Specific Plan (Resolution no.69,642-N.S.); and
WHEREAS, promoting bicycling and walking as a form of transportation supports the goals of the Berkeley Climate Action Plan and Berkeley Strategic Plan; and WHEREAS, reduced travel lanes, cycle tracks, and shortened pedestrian crossings are among the potential safety improvement measures proposed in the Adeline Corridor Specific Plan (Resolution no. 69,642-N.S.); and
WHEREAS, California Active Transportation Program statewide component funds can be used for projects that encourage increased use of active modes of transportation such as walking and biking; and
WHEREAS, the City of Berkeley has identified $119,400 in matching funds available in FY 2028 from Measure BB Fund 134 (Bicycle and Pedestrian) and Fund 134 (Local Streets and Roads) to complete this project; and
WHEREAS, if awarded, the grant funds will be placed in the City’s State Transportation Grants Fund (Fund 344) starting in FY 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to submit a grant application to the California Active Transportation Program for Adeline Street Quick-Build safety improvements for the amount of up to $1.05 million; and accept the grants awarded, and execute any resultant agreements and amendments.

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Resolution of Local Support
RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC

AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, CITY OF BERKELEY (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $3,875,045 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Southwest Berkeley Bike Boulevards (herein referred to as PROJECT) for the ATP Cycle 7 Medium Infrastructure (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and

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WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and • in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

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WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC- funded transportation and transit projects implemented by APPLICANT; and BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and
BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees

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to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and
BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and
BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC

AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, CITY OF BERKELEY (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,041,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Adeline Street Quick- Build (herein referred to as PROJECT) for the ATP Cycle 7 Quick-Build (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

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June 4, 2024
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and • in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

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June 4, 2024
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC- funded transportation and transit projects implemented by APPLICANT; and BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has

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June 4, 2024
adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and
BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and
BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and
BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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Office of the City Manager
2180 Milvian Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: manager@CityofBerkel
ey.info Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Authorize Purchase Order with National Auto Fleet Group for Twenty Ford Police Interceptor Utility (K8A) AWD Vehicles

RECOMMENDATION
Adopt a Resolution satisfying the requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures and authorizing the City Manager to e
xecute a purchase order for twenty (20) Ford Police Interceptor Utility (K8A) AWD vehicles with the National Auto Fleet Group in an amount not to exceed $1,269,808.20.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of twenty (20) Ford Police Interceptor Utility (K8A) AWD vehicles will not exceed $1,269,808.20 and includes CA tire fees, delivery to City of Berkeley, and sales tax. Funding for the purchase of these vehicles is available in the FY 2024 Budget Fund for Equipment Replacement.

CUR

RENT SITUATION AND ITS EFFECTS
This purchase will replace twenty existing vehicles that have exceeded the end of their useful life. The rep
lacement vehicles are needed by the City’s Police Department Patrol Division in their work to provide public safety services in Berkeley. The twenty vehicles being replaced are primarily gas model sedans from 2014 or earlier. There have been multiple years of delay in the delivery of police vehicles from the manufacturer.

This purchase will support the City’s Strategic Plan Goal of creating a resilient, safe, connected, and prepared City.

BACKGROUND
City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City utilizes pricing obtained by another entity through a competitive process.

Throughout t
he year, the Department of Public Works purchases vehicles and equipment for the City’s operating departments. These are paid for through the

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Purchase Order: National Auto Fleet Group for Twenty CONSENT CALENDAR Ford Police Interceptor Utility (K8A) AWD June 4, 2024

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Equipment Replacement Fund. If a purchase will exceed $25,000, the Department of Finance, General Services Division solicits bids or “piggybacks” off competitively bid contracts to ensure the City’s departments receive the best pricing.

The City of Berkeley is a no-cost member of Sourcewell (formerly National Joint Powers Alliance (NJPA)), a municipal contracting agency operation under the legislative authority of Minnesota Statue 123A.21. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs. Sourcewell serves all educational, government, and non-profit agencies nationwide, and offers cooperatively contracted products, equipment, and service opportunities to government entities throughout the U.S.

All Sourcewell contracts have been competitively solicited nationwide. On July 28, 2021, Sourcewell released Request for Proposal No. 091521 for automobiles, sport utility vehicles, vans, and light trucks with related equipment and accessories. The solicitation was released for approximately fifty days and thirteen proposals were submitted and received. Upon review, the Sourcewell proposal evaluation committee selected 72 Hour, LLC dba National Auto Fleet Group as the best most responsive proposer to meet the specifications thusly awarding Contract No. 091521-NAF.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works Equipment Maintenance endeavors to procure the most fuel-efficient vehicles and equipment that are suitable for the required tasks. Equipment Maintenance also researches the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition away from fossil fuels towards an all-electric fleet, where technically feasible.

At present, the Police Department is working to replace all patrol vehicles that reach the end of their useful life with hybrid vehicles. All twenty vehicles will be powered by a 3.3L V6 Direct-Injection Hybrid System, which supports the Police Department’s goal of replacing its entire patrol fleet with hybrid vehicles.

RATIONALE FOR RECOMMENDATION
Police patrol vehicles are overdue for replacement and with the long manufacturing time of over a year, they need to be purchased as soon as Equipment Maintenance has the opportunity. The order boards for Ford opened in March and the City has provided a letter of intent to National Auto Fleet Group. A purchase order is needed to secure the vehicles for the City. Ordering through a cooperative purchasing agreement ensures that the City is receiving the most competitive pricing.

ALTERNATIVE ACTIONS CONSIDERED
None. Listed vehicles have reached the end of their useful life.

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Purchase Order: National Auto Fleet Group for Twenty CONSENT CALENDAR Ford Police Interceptor Utility (K8A) AWD June 4, 2024

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CONTACT PERSON
Greg Ellington, Superintendent, Public Works Maintenance, (510) 981-6469 Joy Brown, Operations Manager, (510) 981-6629
Attachment:
1: Resolution: Purchase Order: National Auto Fleet Group for Twenty Ford Police Interceptor Utility (K8A) AWD

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

PURCHASE ORDER: NATIONAL AUTO FLEET GROUP FOR TWENTY FORD POLICE INTERCEPTOR UTILITY (K8A) AWD
WHEREAS, twenty Ford Police Interceptor Utility are needed by the City Police Department in their work to provide public safety services in Berkeley; and WHEREAS, twenty police vehicles being replaced have reached the end of their useful life; and
WHEREAS, City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, vehicles must be replaced based upon a reasonable schedule that allows city employees to efficiently and effectively carry out their duties; and WHEREAS, on October 21, 2016 Sourcewell released Request for Proposal No. 091521for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories. The solicitation was released for approximately forty-nine days and thirteen proposals were submitted. Upon their review Sourcewell selected National Auto Fleet Group as the best most responsive proposer to meet the specifications, thusly awarding Contract No. 091521-NAF; and
WHEREAS, Sourcewell contract bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funds in the amount of $1,269,808.20 will be appropriated as part of the Second Annual Appropriations Ordinance in the FY 2024 Equipment Replacement Fund 671.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for twenty Ford Police Interceptor Utility (K8A) AWD with the National Auto Fleet Group in an amount not to exceed $1,269,808.20.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizi
ng Additional External Fixed
Video Surveillance Cameras

RECOMMENDATION

1. Adopt a Resolution authorizing the City Manager to execute a contract with Edgeworth Integration, LLC for purchase and installation of External Fixed Video Surveillance Cameras at fifteen council-approved locations, for an amount not to exceed $850,000.

2. Adopt a Resolution authorizing the installation of additional External Fixed Video Surveillance Cameras under this contract scope should they be approved by City Council, included in the Surveillance Policy and funding appropriated.

FISCAL IMPACTS OF RECOMMENDATION
Estimated one-time costs to purchase and install cameras are estimated between $44,000 to $55,000 per intersect
ion. Total costs would vary based on the number of
intersections selected. Specifically, total one-time costs for the fifteen previously selected intersections already selected by Council would cost approximately $750,000.

Funding in the amount of $600,000 is available in the FY 2024 baseline Public Works budget General Fund 011. (budget code: 011-54-624-694-0000-000-412-612990).

Additional funds will be appropriated through the FY 2025 budget process.

CURRENT SITUATION AND ITS EFFECTS
On October 12, 2021, council approved a budget referral for the installation of External Fixed Video Surveillance Cameras, prominent signage, and increased lighting in public
right-of-way intersections experiencing a rise in violent crime. The referral approved installation of security cameras at the following intersections:
 University & 6th
 Ashby & 7th
 Ashby & Claremont

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Contract: Edgeworth Integration, LLC for Installation of Security Cameras CONSENT CALENDAR at Council-Approved Intersections June 4, 2024

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 Ashby & College
 Ashby & Sacramento
 Ashby & San Pablo
 Dwight & San Pablo
 Dwight & 7th
 University & San Pablo
 King & 62nd
Public Works executed contract No. 32400010 on July 18, 2023 for the purchase and installation of a surveillance camera at the University & 6th intersection. Approval of these Resolutions will allow for the purchase and installation of approved cameras at all other Council-approved locations. Cameras for this project will be compatible with those already in use at San Pablo Park under Contract Nos. 31900080 and 31900205 along with those deployed at University and 6th under Contract No. 32400010. Edgeworth Integration, LLC was the contractor for these projects. Public Works estimates that remaining cameras will be purchased and installed by June 30, 2024 if the Resolutions are approved. Beyond the initial purchase and installation, City of Berkeley’s Public Works Department will be in charge of maintenance for the installed cameras.

On January 30th, 2024, Council approved of a budget referral for the installation of additional External Fixed Video Surveillance Cameras at the following intersections:
 Alcatraz & Adeline
 Alcatraz & College
 Alcatraz & Sacramento
 San Pablo & Gilman
 Woolsey & Telegraph
 Woolsey & Shattuck
Council at this January 30th meeting also approved these additional locations to be considered for potential future installations:
 Telegraph and Dwight
 5th Street and Gilman
 4th Street and Hearst
 Cedar St. and East shore Hwy
 4th Street and Virginia
 8th Street and Harrison
 2nd Street and Page
 University and San Pablo
The additional sites approved on the January 30th Council meeting are currently factored into the proposed Edgeworth contract scope and would be installed sometime

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Contract: Edgeworth Integration, LLC for Installation of Security Cameras CONSENT CALENDAR at Council-Approved Intersections June 4, 2024

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in FY 2025 if the previously requested funding is provided. This contract will allow Public Works to install additional cameras quickly if any of those sites are approved by Council.

Security camera footage would be used solely for the purpose of solving criminal investigations. The cameras are not intended and would not be used for continuous surveillance purposes nor will contain License Plate Reader technology or software.

This supports the Strategic Plan Goal of creating a resilient, safe, connected, and prepared City

BACKGROUND
A 2011 report1 from The Urban Institute’s Justice Policy Center noted that cameras can be an effective tool for preventing crimes and supporting investigations. These tools appear fiscally prudent both as tools for investigations, and with the installation and maintenance of security cameras being less costly than the costs associated with crimes that may take place without them. Moreover, an experiment conducted at the University of Twente in the Netherlands finds evidence that the presence of security cameras can encourage “prosocial” and “helping behavior” among bystanders.2 Berkeley’s Police Department has been conducting Crime Prevention Through Environmental Design (CPTED) assessments for neighborhoods throughout the City over the past several years. These assessments include recommendations such as:
increased lighting, maintenance of properties, landscaping and signage that can be used to deter criminal behavior.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified environmental or climate impacts associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
These Resolutions will allow Public Works to start installation at the fourteen Council- approved intersections. The installation of security cameras at select intersections has been a Council Directive since 2021. The initial ten locations selected for installation of cameras were approved in October 2021 and an additional six locations were selected in January 2024.

On December 13th, 2021, Council approved an Amendment to FY 2022 Annual Appropriations Ordinance, which allocated $1.3 million in funds towards the 1 La Vigne, N. G., et al. (2011). Evaluating the use of public surveillance cameras for crime control and prevention. Washington, DC: US Department of Justice, Office of Community Oriented Policing Services.

Urban Institute, Justice Policy Center, 1-152.
2 Van Rompay, T. J., et al. (2009). The eye of the camera: Effects of security cameras on prosocial behavior. Environment and Behavior, 41(1), 60-74.

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Contract: Edgeworth Integration, LLC for Installation of Security Cameras CONSENT CALENDAR at Council-Approved Intersections June 4, 2024

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Surveillance Camera project. However, Public Works could not start fully on this project as the City had to develop and approve a Surveillance Camera Policy before work could begin. On June 13, 2023, Council approved Acquisition and Use Policies for External Fixed Video Surveillance Cameras and Unmanned Aerial System, which now allows Public Works to begin work on these installations.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Michael Durbin, Police Lieutenant, 510-981-5760
Jen Tate, Police Lieutenant, 510-981-5810
Peni Basalusalu, Deputy Director, Public Works, 510-981-6485 Attachments:
1: Resolution – Contract: Edgeworth Integration, LLC for Purchase and Installation of External Fixed Video Surveillance Cameras at Fifteen Council-Approved Locations 2: Resolution - Approving Installation of Future Security Cameras at Select Intersections as Approved by Council

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

CONTRACT: EDGEWORTH INTEGRATION, LLC FOR PURCHASE AND

INSTALLATION OF EXTERNAL FIXED VIDEO SURVEILLANCE CAMERAS AT

FIFTEEN COUNCIL-APPROVED LOCATIONS
WHEREAS, on March 13, 2018, City Council adopted Ordinance NO. 7,592-N.S., the Surveillance Technology Use and Community Safety Ordinance; and WHEREAS, on October 16, 2018, City Council approved the installation of cameras in San Pablo Park, and
WHEREAS, on January 28, 2019, the City and Edgeworth Integration, LLC entered into Contract No. 31900080 for the purchase and installation of a video surveillance system at San Pablo Park; and
WHEREAS, on October 12, 2021, City Council adopted a budget referral for the purchase and installation of External Fixed Video Surveillance Cameras at ten City of Berkeley intersections; and
WHEREAS, on December 13th, 2021, Council approved Ordinance NO. 7,795-N.S. which amended the FY 2022 Annual Appropriations Ordinance NO. 7,779-N.S. and allocated $1.3 million in funds towards the purchase and installation of Public Safety Surveillance Cameras at City Council approved locations; and WHEREAS, on June 13, 2023, City Council adopted Resolution NO. 70,895-N.S., which approved the Acquisition and Use Policies for External Fixed Video Surveillance Cameras and Unmanned Aerial System; and
WHEREAS, on January 30, 2024, City Council adopted a budget referral for the purchase and installation of External Fixed Video Surveillance Cameras at six additional City of Berkeley intersections and additional camera locations to be considered for installation for eight other intersections; and
WHEREAS, $600,000 in funding is available in the amount of $600,000 is available in the FY 2024 baseline Public Works budget General Fund 011; and WHEREAS, additional funding will be procured through the FY 2025 budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Council authorizes the City Manager to execute a contract with Edgeworth Integration, LLC for installation of External Fixed Video Surveillance Cameras at fifteen council-approved locations, for an amount not to exceed $850,000.

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

APPROVING INSTALLATION OF FUTURE SECURITY CAMERAS AT SELECT

INTERSECTIONS AS APPROVED BY COUNCIL
WHEREAS, on March 13, 2018, City Council adopted Ordinance NO. 7,592-N.S., the Surveillance Technology Use and Community Safety Ordinance; and WHEREAS, on October 16, 2018, City Council approved the installation of cameras in San Pablo Park, and
WHEREAS, on January 28, 2019, the City and Edgeworth Integration, LLC entered into Contract No. 31900080 for the purchase and installation of a video surveillance system at San Pablo Park; and
WHEREAS, on October 12, 2021, City Council adopted a budget referral for the purchase and installation of External Fixed Video Surveillance Cameras at ten City of Berkeley intersections; and
WHEREAS, on June 13, 2023, City Council adopted Resolution NO. 70,895-N.S., which approved the Acquisition and Use Policies for External Fixed Video Surveillance Cameras and Unmanned Aerial System; and
WHEREAS, on January 30, 2024, City Council adopted a budget referral for the purchase and installation of External Fixed Video Surveillance Cameras at six additional City of Berkeley intersections and additional security cameras to be considered for installation for eight other intersections.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Council authorizes the City Manager to approve the installation of External Fixed Video Surveillance Cameras at future to-be-determined intersections if approved by City Council.

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

CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director, Pubic Works
Subject: FY 2024/2025 Transportation Development Act Article 3 Fund Allocation

RECOMMENDATION
Adopt two Resolutions:
 Authorizing the City Manager to: submit an allocation request to the Metropolitan Transportation Commission (MTC) prior to the June 14, 2024 deadline for $151,950 of FY 24/25 Transportation Development Act (TDA) Article 3 funding to complete the Berkeley Bicycle Plan update.
 Declaring that: the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Berkeley to carry out the project; the project has been reviewed and supported by the Transportation and Infrastructure Commission (TIC) of the City of Berkeley; the City of Berkeley attests to the accuracy of and approves the statements in Attachment A to this resolution; and a certified copy of this resolution and its attachments, and any accompanying supporting materials, shall be forwarded to the Congestion Management Agency, countywide transportation planning agency, or County Association of Governments, as the case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

FISCAL IMPACTS OF RECOMMENDATION
In 2021, the Metropolitan Transportation Commission awarded the City $200,000 to update the Bicycle Plan. To date, $78,626 has been spent on this effort. The City is requesting that the MTC allow the remaining balance of $121,374 be reallocated to be available for FY 24-25. In addition, the City is requesting an additional $151,950 to be allocated, increasing the FY 24-25 funding amount to a total of $273,324. The funding increase reflects the additional level of effort that will be required of the project consultant, as well as rising rates for the consultant over the past three years since the

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