Tuesday, June 4, 2024 AGENDA Page 1
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 4, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.
Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.
Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device Please use this URL: https://cityofberkeley - info.zoomgov.com/j/1607556641 . To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 755 6641. If you w ish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.
T
o submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Tuesday, June 4, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000- year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
Tuesday, June 4, 2024 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their officia l capacity when addressing the Council in open session or workshops.
Consent Calendar
1. Repeal of Berkeley Municipal Code Chapter 12.80
From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,907-N.S. repealing Chapter 12.80 to the Berkeley Municipal Code (BMC), which bans natural gas infrastructure in new construction. In California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found this ordinance unlawful. Repeal is required by the parties' settlement agreement and would resolve the litigation.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
2. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,908-N.S. amending the FY 2024 Annual Appropriations Ordinance No. 7,892–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments in the amount of $64,638,405 (gross) and $52,765,663 (net).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
3. Revised Fees for Public Use of City-Owned Electric Vehicle Charging Ports; Amending Berkeley Municipal Code Section 6.24.137
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,909-N.S. amending Berkeley Municipal Code (BMC) Section 6.24.137, Designation of and Restrictions for Electric Vehicle Parking Spaces, to: -Establish a schedule of rates for electric vehicle charging stations, and -Authorize the City Manager or her Designee to adjust the rates in accordance with the California Public Utility Commission’s electricity rate increases.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 4
4. Amendment to Commissioner Leave of Absence Process
From: Mayor Arreguin (Author)
Recommendation: Adopt second reading of Ordinance No. 7,911-N.S. amending Berkeley Municipal Code (BMC) Section 3.02 to allow the Mayor to approve a Leave of Absence for a Commissioner appointed by the Council as a whole.
First Reading Vote: Ayes – Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Wengraf, Arreguin; Absent – Taplin.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
5. Contract: Amira Jackmon Attorney at Law, for Lorin and Gilman Parking Benefit District Formation Services
From: City Attorney, City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney, acting on behalf of the Office of Economic Development to execute a contract and any necessary amendments with Amira Jackmon, Attorney at Law, for an amount not to exceed $70,000 for the development of parking benefit districts in the Lorin business district of South Berkeley and the Gilman district in West Berkeley.
Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950, Eleanor Hollander, Economic Development, (510) 981-7530
6. Assessments: Berkeley Tourism Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Annual Planning Report and preliminary budget for Fiscal Year 2025 (FY25) for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
7. Assessments: North Shattuck Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2025.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 5
8. Assessments: Telegraph Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2025.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
9. Assessments: Downtown Berkeley Property Based Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution approving the Downtown Berkeley Property Based Business Improvement District (DPBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the DPBID for FY 2025.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
10. Contracts: Fine Art Services Providers for the Public Art Collection From: City Manager
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).
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
11. FY 2025 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
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%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 6
12. FY 2025 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
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%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
13. FY 2025 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
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%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
14. FY 2025 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
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%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
15. FY 2025 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
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%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
16. FY 2025 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 7
17. FY 2025 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
18. FY 2025 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
19. FY 2025 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
20. FY 2025 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
21. Temporary Appropriations FY 2025
From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 8
22. Contract No. 32300165 Amendment: KLD Associates: Evacuation and Emergency Response Analysis
From: City Manager
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.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
23. Contract: Pinnacle for Pilot Fire Department Alternative Medical Response Unit From: City Manager
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.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
24. Contract: Tablet Command for Mobile CAD and Incident Command From: City Manager
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.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
25. Amending the Five-Year Plan and Submitting Application for Permanent Local Housing Allocation Program
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 9
26. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
27. Contract No. 32400236 Amendment: Creative Educational Consultants, Inc.
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
28. Contract No.32300197 Amendment: Resource Development Associates for Results Based Accountability Consulting Services
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 10
29. Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services
From: City Manager
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).
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
30. Shelter Plus Care Program Renewal Grants
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
31. 2023 Police Equipment & Community Safety Ordinance Annual Report From: City Manager
Recommendation: Adopt a Resolution approving the 2023 Equipment Ordinance Annual Report.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 11
32. Active Transportation Program Cycle 7 Grant Funding Applications From: City Manager
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).
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
33. Authorize Purchase Order with National Auto Fleet Group for Twenty Ford Police Interceptor Utility (K8A) AWD Vehicles
From: City Manager
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 execute 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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
34. Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras
From: City Manager
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 to authorize 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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 12
35. FY 2024/2025 Transportation Development Act Article 3 Fund Allocation From: City Manager
Recommendation: Adopt two Resolutions:
1. 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.
2. 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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
36. Reappointment of Monica Renee Jones to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the reappointing of Monica Renee Jones to the Mental Health Commission, as a representative of the General Public Interest Category for a second 3-year term beginning June 4, 2024 and ending June 3, 2027. During her first term she was a member of the youth subcommittee and was the Chair for the last year.
Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400
37. Contract: GPP Analytics Inc. for Independent Third-Party Audit of Payroll Audit Division
From: Auditor
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders with GPP Analytics Inc. in an amount not to exceed $120,000 to conduct an independent performance audit of the City Auditor’s Office’s Payroll Division activities.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Consent Calendar
Tuesday, June 4, 2024 AGENDA Page 13
38. Amendments to Berkeley’s Municipal Code Chapter 2.24 to Establish Whistleblower Program Authority
From: Auditor
Recommendation: Adopt first reading of an ordinance amending City Auditor’s Office (BMC Chapter 2.24) authority and scope of work to formally establish the City Auditor’s authority to receive and refer reports of fraud, waste, or abuse as well as investigate those reports and any reports of retaliation against whistleblowers.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Council Consent Items
39. Appointment of Interim City Manager
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the appointment of LaTanya Bellow as the Interim City Manager to be effective July 11, 2024 to September 15, 2024 at a prorated rate of pay based upon an annualized salary of $401,722.10 for the period of service in this role, in addition to employee benefits, and approving an employment agreement.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
40. Appointment of City Manager
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the appointment of Paul Buddenhagen as the City Manager of the City of Berkeley to be effective September 16, 2024 at an annual salary of $401,722.10 and additional employee benefits, and approving an employment agreement.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
41. Berkeley Humane: Bark (& Meow) Around the Block: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of council office budget funds, including $500 from Councilmember Taplin, to support the Back (& Meow) Around the Block adoption event hosted by Berkeley Humane, with funds relinquished to the City’s general fund.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120
Council Consent Items
Tuesday, June 4, 2024 AGENDA Page 14
42. Support for H.R. 7849 (Thompson and LaMalfa)
From: Councilmember Wengraf (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a letter of support for the Disaster Resiliency and Coverage Act of 2024 (H.R. 7849, Thompson and LaMalfa) and send it to Representatives Mike Thompson, Doug LaMalfa, Barbara Lee and Senators Alex Padilla and Laphonza Butler.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.
A member of the public may only speak at one of the two public comment periods for any single Action item.
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.
Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.
When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the offi ce of the City Clerk.
Action Calendar – Public Hearings
Tuesday, June 4, 2024 AGENDA Page 15
43. Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the second reading of Ordinance No. 7,903-N.S. which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
44. Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,906-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and
19.37, and adopting related procedural and stricter provisions.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
45. ZAB Appeal: 2113-15 Kittredge Street, Use Permit #ZP2022-0144 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board decision to approve Use Permit #ZP2022-0144 to demolish the commercial building on a landmarked site (preserving the front façade), and construct an 18-story (203 feet, with 8-foot, 4-inch parapet), 160,734-square-foot, mixed-use building with 211 dwelling units (including 22 Very Low-Income Density Bonus qualifying units), and a 24,273-square-foot live theater space, and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
46. Fiscal Years 2025 and 2026 Proposed Budget and Fiscal Years 2025-2029 Capital Improvement Program
From: City Manager
Recommendation: Receive the Proposed Fiscal Years 2025-2029 Capital Improvement Program and provide comments on the Capital Improvement Program and the Fiscal Years 2025 and 2026 Proposed Biennial Operating Budget.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action Calendar – New Business
Council Action Items
Tuesday, June 4, 2024 AGENDA Page 16
47. Amend Berkeley Municipal Code Chapter 3.78 To Expand Eligibility Requirements for Representatives of The Poor to Serve on The Human Welfare and Community Action Commission (Reviewed by the Agenda & Rules Committee)
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Amend Berkeley Municipal Code Chapter 3.78 to expand eligibility requirements for Representatives of the Poor to serve on the Human Welfare and Community Action Commission, or any successor commission, to consider the current geographic formation of poverty in Berkeley.
Policy Committee Recommendation: To send the item to the City Council with a negative recommendation.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
C
ommunications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at
https://berkeleyca.gov/.
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor
Tuesday, June 4, 2024 AGENDA Page 17
Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 23, 2024.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item #45: ZAB Appeal: 2113-15 Kittredge Street, Use Permit #ZP2022-0144
1. Law Offices of HansonBridgett
Utility Undergrounding District #48 Project (UUD48)
2. Richard Pettler, Attorney for Gary and Anita Ingram
Retaining Wall and Transformer Installation at 1407 Grizzly Peak
3. Law Offices of Richard Pettler, on behalf of clients Gary and Anita Ingram Rent Board Offices Closed
4. Robert Hagedorn
Tuesday, June 4, 2024 AGENDA Page 18
Narrow and Crowded Streets
5. Janet Huseby
Parking Lot at University and San Pablo
6. Ryan and Karin
Traffic Deaths
7. Charlotte Daniels
3031 Adeline Street Proposed Building
8. Lynn Cooper
District 7 Website
9. Erik Bigglestone
Merchants Advisement of Street Closures
10. Erik Bigglestone, on behalf of Games of Berkeley
11. Wahid Amiri, Deputy Director of Public Works/Engineering and Transportation (2)
Bay City Paving No Parking Signs
12. Daniel Auten
Support Waterside Workshops
13. Amir Bahman
No International Resolutions
14. Todd Andrew
15. Councilmember Hahn
Solano Stroll Safety
16. Todd Andrew, Chair Solano Avenue Business Improvement District
Berkeley Bike Park
17. Dan Leaverton
Stop Sign and Traffic Light Visibility
18. Cecelia Mautner
Public Nuisance Abatement Complaint for Barkmont
19. Greenfire Law
2274 Shattuck Development
20. Mark Federico Moreno
21. Laura Fujii
Tuesday, June 4, 2024 AGENDA Page 19
Councilmember Assistance
22. Sally Torrez
Kala Art Institute Thank You
23. Ellen Lake
Soliciting on Fourth Street
24. Brian Donahue
Trouble with World Government
25. Vivian Warkentin
Excessive Solar Permit Fees
26. Mathew Hirsch
26-Story Apartment Tower
27. David Lerman
Youth Walkout at King Middle School
28. Sarah Lefton
Cesar Chavez Park Methane Control & Radioactivity
29. Virginia Browning (2)
30. Rain Sussman
Memorial to Irish Students – Graffiti
31. Moni Law
Yom Haatzmaut (Israeli Independence Day)
32. Jewish Coalition of Berkeley
2023 Bayer Annual Report
33. Jennifer Cogley, on behalf of Bayer
2024 Police Accountability Report
34. Office of the Director of Police Accountability
1701 Hopkins
35. Keith Bayne (4)
Middle East Conflict
36. Kyra Ginsburg
37. Sholeh Asgary
38. Jon Jackson
39. Angelina Chen
40. Dorothea Dorenz
Tuesday, June 4, 2024 AGENDA Page 20
41. Aaron Katler
42. Erwan Illian
43. Russel Bates (5)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
Ordinance No. 7,907-N.S. Page 1 of 1
ORDINANCE NO 7,907-N.S.
ORDINANCE REPEALING BERKELEY MUNICIPAL CODE CHAPTER 12.80 (PROHIBITON ON NATURAL GAS INFRASTRUCTURE IN NEW BUILDINGS) BE IT ORDAINED, by the City Council of Berkeley, as follows:
Section 1. That Berkeley Municipal Code Chapter 12.80 is hereby repealed.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King, Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on May 14, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Wengraf, and Arreguin.
Noes: None.
Absent: None.
01
Ordinance No. 7,908-N.S. Page 1 of 9
ORDINANCE NO. 7,908-N.S.
AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,892–N.S. FOR FISCAL YEAR 2024
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2024 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:
A. General Fund (Funds 001-099) 372,294,282
B. Special Funds (Funds 100-199) 179,899,171
C. Grant Funds (Funds 300-399) 105,434,647
D. Capital Projects Funds (Funds 500-550) 107,315,056
E. Debt Service Fund (Funds 551-599) 13,363,356
F. Enterprise Funds (Funds 600-669) 199,994,922
G. Internal Service Funds (Funds 146, 670-699) 71,411,668 H. Successor Agency (Funds 760-769) 57,120
I. Agency Funds (Funds 771-799) 5,832,143
J. Other Funds (Funds 800-899) 8,023,092
K. Total
Total General Fund 372,294,282
Add: Total Other Than General Fund 691,331,174
Gross Revenue Appropriated 1,063,625,456
Less: Dual Appropriations -61,391,491
Less: Revolving/Internal Service Funds -71,411,668
Net Revenue Appropriated 930,822,297
02
Ordinance No. 7,908-N.S. Page 2 of 9
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; Paramedic Tax Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; and Sick Leave Entitlement Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); IT Cost Allocation Fund; and Health State Aid Realignment Fund. c. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
d. From Gilman Sports Field Fund to Gilman Field Reserve Fund e. From Measure FF Fund to Paramedic Tax Fund.
f. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
g. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
h. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
i. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
j. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. k. To Catastrophic Loss Fund from Permit Service Center Fund. l. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. m. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building
Ordinance No. 7,908-N.S. Page 3 of 9
Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
n. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
o. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
p. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
q. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
r. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health
Ordinance No. 7,908-N.S. Page 4 of 9
State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
s. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
t. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road
Ordinance No. 7,908-N.S. Page 5 of 9
Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
u. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation
Ordinance No. 7,908-N.S. Page 6 of 9
Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 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.
Ordinance No. 7,908-N.S. Page 7 of 9
Attachment for Annual Appropriations Ordinance - Fiscal Year 2024
REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:
Revolving/Internal Service Funds
Employee Training Fund 965,714
Equipment Replacement Fund 13,441,342
Equipment Maintenance Fund 11,002,972
Building Maintenance Fund 5,147,045
Central Services Fund 418,963
Workers' Compensation Fund 12,334,961
Public Liability Fund 5,852,080
22,248,591
Subtotal Revolving/Internal Service Funds 71,411,668$
Dual Appropriations
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 176,194
Street Light Assessment District Fund 181,591
One-Time Grant: No Cap Exp 95,000
Zero Waste Fund 2,826,020
Marina Enterprise Fund 423,813
Sanitary Sewer Fund 1,391,256
Clean Storm Water Fund 245,033
Permit Service Center Fund 2,204,064
Unified Program (CUPA) Fund 86,575
Subtotal Transfers to General Fund: 7,629,546$
Information Technology Fund
Ordinance No. 7,908-N.S. Page 8 of 9
Transfer to Safety Members Pension Fund from General Fund 551,804 5,900,000
Transfer to PERS Savings Fund from General Fund 2,000,000 Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 612,210 Transfer to Capital Improvement Fund (CIP) from General Fund 18,370,905 449,408
Transfer to Equipment Replacement Fund from General Fund 1,081,699 Transfer to Worker's Compensation Fund 813,779
Transfer to Public Liability Fund from General Fund 3,895,888 Transfer to Catastrophic Loss Fund from General Fund 6,278,457 Transfer to IT Cost Allocation Fund from General Fund 71,335 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 Transfer to Employee Training Fund from GF - Payroll Deduction Trust Fund 750,000 Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
3,255,743
Transfer from CIP Fund to PERS Savings Fund 151,632
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,742,288 450,613
273,854
Transfer to First Source Fund from Parks Tax Fund 6,675 Transfer to First Source Fund from Capital Improvement Fund 29,943 Transfer to First Source Fund from Marina Fund 2,625
Transfer to Public Art Fund from Parks Tax Fund 11,681
Transfer to Public Art Fund from Capital Improvement Fund 52,400 Transfer to Public Art Fund from Marina Fund 4,594
Subtotal Transfers to Other Funds: 53,761,946
Sub-Total Dual Appropriations 61,391,491
Grand Total Dual Appropriations 132,803,159
Transfer to GF - Payroll Deduction Trust from Sick Leave Entitlement Fund Transfer to Phone System Replacement - VOIP from General Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer to General Fund from IT Cost Allocation Fund
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to General Fund from Amercian Rescue Plan Fund
Ordinance No. 7,908-N.S. Page 9 of 9
At a regular meeting of the Council of the City of Berkeley held on May 14, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Wengraf, and Arreguin.
Noes: None.
Absent: None.
EXHIBIT A
2nd AAO
FY 2024 Other Total FY 2024
ERMA
Fund # Fund Revised #1 R eappropriations Adjustments Amend. Revised #2 11 General Fund Discretionary 326,589,356 - 23,589,645 23,589,645 350,179,001 16 Measure U1 - Housing 9,106,627 - 12,600,000 12,600,000 21,706,627 17 Climate Equity 408,653.90 - - - 408,654 101 Library - Tax 25,950,014 - - - 25,950,014 103 Library - Grants 106,554 - 42,598 42,598 149,151 104 Library - Friends & Gift 178,588 - - - 178,588 105 Library - Foundation 209,157 - 199,880 199,880 409,037 106 Asset Forefeiture 201,000 - 95,000 95,000 296,000 107 Special Tax Measure E 1,673,845 - - - 1,673,845 108 First Source Fund 57,676 - - - 57,676 110 Sec 108 Loan Gty Asst. 587,612 - - - 587,612 111 Fund Raising Activities 103,348 - 2,200 2,200 105,548 113 Gilman Sports Field 344,001 - - - 344,001 115 Animal Shelter 63,939 - - - 63,939 116 Paramedic Tax 4,982,370 - - - 4,982,370 117 CA Energy Commission 44,249.13 - - - 44,249 119 Domestic Violence Prev - Vit Stat 26,635 - - - 26,635 120 Affordable Housing Mitigation 16,525,729 - 1,551,690 1,551,690 18,077,419 121 Affordable Child Care 29,868 - - - 29,868 122 Inclusionary Housing Program 610,316 - - - 610,316 123 Condo Conversion 122,348 - - - 122,348 125 Playground Camp 5,639,916 - - - 5,639,916 126 S
tate-Prop 172 Pub.Safety 1,995,881 - - - 1,995,881 127 State Transportation Tax 10,171,278 - 360,201 360,201 10,531,479 128 CDBG 8,305,812 - - - 8,305,812 129 Rental Housing Safety Program 2,397,557 - - - 2,397,557 130 Measure B - Local St & Road 2,669,128 - 534,518 534,518 3,203,646 131 Measure B - Bike & Pedestrian 20,911 - 790,193 790,193 811,104 132 Measure B - Paratransit 51,168 - - - 51,168 133 Measure F Alameda County VRF St & Rd 2,389,637 - - - 2,389,637 134 Measure BB - Local St & Road 20,202,424 73,249 - 73,249 20,275,673 135 Meaure BB - Bike & Pedestrian 2,749,297 - (602,068) (602,068) 2,147,229 136 Measure BB - Paratransit 1,118,461 - 184,000 184,000 1,302,461 137 One Time Funding 69,080 - - - 69,080 138 Parks Tax 20,267,736 - 203,000 203,000 20,470,736 139 Streets and Open Space Improvement (SOSIP) 200,000 - - - 200,000 140 Measure GG - Fire Prep Tax 6,893,477 - - - 6,893,477 142 Streetlight Assesment District 4,678,931 - - - 4,678,931 143 Berkeley Bus Ec Dev 179,313 - - - 179,313 145 Bayer 163,943 - - - 163,943 146 Employee Training 965,714 - - - 965,714 147 UC Settlement 7,738,861 - - - 7,738,861 148 Cultural Trust 1,804,927 - - - 1,804,927 149 Private Party Sidewalks 1,500,000 - - - 1,500,000 150 Public Art Fund 124,218 - - - 124,218 152 Vital & Health Statistics Trust Fund 55,921 - - - 55,921 156 Hlth State Aid Realign Trust 4,116,677 - - - 4,116,677 157 Tobacco Cont.Trust 392,108 - - - 392,108 158 Mental Health State Aid Realign 4,911,547 - - - 4,911,547 159 Citizens Option Public Safety Trust 422,292 - - - 422,292 161 Alameda Cty Abandoned Vehicle Abatement 131,567 - - - 131,567 164 Measure FF 10,626,130 - 1,982,502 1,982,502 12,608,632 165 Fair Elections 612,210 - - - 612,210 301 Operating Grants - Federal 130,186 - - - 130,186 302 Operating Grants - State 3,391,652 - - - 3,391,652 305 Capital Grants - Federal 7,699,411 (168,984) - (168,984) 7,530,427 306 Capital Grants - State 2,824,293 - 312,926 312,926 3,137,219 307 Capital Grants - Local 7,565,115 - (4,685) (4,685) 7,560,430 309 OTS DUI Enforcement Education Prg. 406,060 - - - 406,060 310 HUD/Home 1,075,128 - - - 1,075,128 311 ESGP 784,321 - - - 784,321 312 Health (General) 3,584,763 - 10,614 10,614 3,595,377 313 Target Case Management Linkages 1,394,442 - 168,282 168,282 1,562,724
SUMMARY OF APPROPRIATIONS BY FUND
EXHIBIT A
2nd AAO
FY 2024 Other Total FY 2024
ERMA
Fund # Fund Revised #1 Reappropriations Adjustments Amend. Revised #2
SUMMARY OF APPROPRIATIONS BY FUND
314 Alameda County Tay Tip 35,812 - - - 35,812 315 Mental Health Service Act 15, 524,162 - 600,000 600,000 16,124,162 316 Health (Short/Doyle) 8,444,500 - - - 8,444,500 317 EPSDT Expansion Proposal 459,456 - - - 459,456 318 Alcoholic Bev Ctr OTS/UC 55,639 - - - 55,639 319 Youth Lunch 228,714 - - - 228,714 320 Sr. Nutrition Title III 238,820 - - - 238,820 321 CFP Title X 161,757 - - - 161,757 324 BUSD Grant 363,548 - 59,828 59,828 423,376 325 Vector Control 388,041 - - - 388,041 326 Alameda County Grants 932,475 - 43,962 43,962 976,437 327 Senior Supportive Social Services 203,198 - - - 203,198 328 Family Care Support Program 188,184 - - - 188,184 329 CA Integrated Waste Management 6,023 19,025 - 19,025 25,048 331 Housing Mitigation 1,446,642 - - - 1,446,642 333 CALHOME 363,100 - - - 363,100 334 Community Action 323,894 - - - 323,894 336 One-Time Grant: No Cap Exp 23,200,207 - 775,042 775,042 23,975,249 339 MTC 946,949 - - - 946,949 340 FEMA 1,266,717 - 763,636 763,636 2,030,354 341 Alameda Cty Waste Mgt. 377,773 - - - 377,773 343 State Dept Conserv/Recylg 32,000 - 31,270 31,270 63,270 344 Caltrans Grant 57,501 - - - 57,501 347 Shelter+Care HUD 6,541,883 - - - 6,541,883 348 Shelter+Care County 906,212 - - - 906,212 349 JAG Grant 55,650 - 20,000 20,000 75,650 350 Bioterrorism Grant 716,036 - - - 716,036 354 ARPA - Local Fiscal Recovery Fund 10,374,744 - 12,500 12,500 10,387,244 501 Capital Improvement Fund 48,496,742 - - - 48,496,742 502 Phone System Replacement 677,722 - - - 677,722 503 FUND$ Replacement 4,326,547 - - - 4,326,547 504 PEG-Public, Education & Government 100,000 - - - 100,000 506 Measure M - St and Watershed Improvement 922,759 - - - 922,759 511 Measure T1 - Infra & Facil. 40,004,725 - 900,000 900,000 40,904,725 512 Measure O 11,886,561 - - - 11,886,561 552 09 Measure FF Debt Service 1,337,638 - - - 1,337,638 553 2015 GORBS 2,047,259 - - - 2,047,259 554 2012 Lease Revenue Bonds BJPFA 499,820 - - - 499,820 555 2015 GORBS - 2002 G.O. Refunding Bonds 378,696 - - - 378,696 556 2015 GORBS (2007, Series A) 142,540 - - - 142,540 557 2015 GORBS (2008 Measure I) 480,184 - - - 480,184 558 2010 COP (Animal Shelter) 140,085 - - - 140,085 559 Measure M GO Street & Water Imps 1,630,863 - - - 1,630,863 560 Infrastucture & Facilities Measure T1 4,699,006 - - - 4,699,006 561 Measure O - Housing Bonds 2,007,265 - - - 2,007,265 601 Zero Waste 63,084,566 - 460,739 460,739 63,545,305 606 Marina - Coastal Conservancy 6,009,900 - 8,768,267 8,768,267 14,778,167 607 Marina - Dept of Boating & Waterway 78,500 - 60,000 60,000 138,500 608 Marina Operation 10,880,282 - 13,600 13,600 10,893,882 611 Sewer 50,095,588 - - - 50,095,588 612 Private Sewer Lateral FD 80,417 - - - 80,417 616 Clean Storm Water 9,085,765 - - - 9,085,765 621 Permit Service Center 27,606,859 - - - 27,606,859 622 Unified Program (CUPA) 882,429 - - - 882,429 627 Off Street Parking 7,915,719 - - - 7,915,719 631 Parking Meter 11,164,794 - - - 11,164,794 636 Building Purchases and Management 3,807,499 - - - 3,807,499 671 Equipment Replacement 10,941,342 - 2,500,000 2,500,000 13,441,342 672 Equipment Maintenance 10,002,972 - 1,000,000 1,000,000 11,002,972 673 Building Maintenance Fund 5,147,045 - - - 5,147,045 674 Central Services 418,963 - - - 418,963 676 Workers Compensation 6,809,961 - 5,525,000 5,525,000 12,334,961 678 Public Liability 4,852,080 - 1,000,000 1,000,000 5,852,080
EXHIBIT A
2nd AAO
FY 2024 Other Total FY 2024
ERMA
Fund # Fund Revised #1 Reappropriations Adjustments Amend. Revised #2
SUMMARY OF APPROPRIATIONS BY FUND
680 Information Technology 22,248,591 - - - 22,248,591 762 Successor Agency - Savo DSF 57, 120 - - - 57,120 776 Thousand Oaks Underground 98,448 - - - 98,448 777 Measure H - School Tax 500,002 - - - 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 1,000,403 - - - 1,000,403 779 Spl Tax Bds. CFD#1 ML-ROOS 775,623 - - - 775,623 781 Berkeley Tourism BID 893,979 - - - 893,979 782 Elmwood Business Improvement District 60,151 - - - 60,151 783 Solano Ave BID 38,852 - - - 38,852 784 Telegraph Avenue Bus. Imp. District 753,872 - - - 753,872 785 North Shattuck BID 307,823 - - - 307,823 786 Downtown Berkeley Prop & Improv. District 1,402,991 - - - 1,402,991 801 Rent Board 8,023,092 - - - 8,023,092 GROSS EXPENDITURE: 998,987,051 (76,710) 64,554,340 64,477,630 1,063,464,681
Dual Appropriations (59,543,749) - (1,847,742) (1,847,742) (61,391,491) Revolving & Internal Service Funds (61,386,668) - (10,025,000) (10,025,000) (71,411,668)
NET EXPENDITURE: 878,056,634 (76,710) 52,681,598 52,604,888 930,661,522
Ordinance No. 7,909-N.S. Page 1 of 2
ORDINANCE NO. 7,909-N.S.
AMEND BERKELEY MUNICIPAL CODE SECTION 6.24.137, DESIGNATION OF AND
RESTRICTIONS FOR ELECTRIC VEHICLE PARKING SPACES, TO ESTABLISH A
SCHEDULE OF RATES FOR ELECTRIC VEHICLE CHARGING STATIONS, AND
AUTHORIZE THE CITY MANAGER TO ADJUST THE RATES IN ACCORDANCE WITH THE CALIFORNIA PUBLIC UTILITY COMMISSION’S ELECTRICITY RATE
INCREASES
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 6.24.137 is amended to read as follows:
A. Designation of Parking Spaces. The City Traffic Engineer is authorized in accordance with the purposes of this chapter to designate spaces in off-street public parking facilities for the exclusive parking of electric vehicles that are connected to electric vehicle charging stations for the purpose of transfer of electricity to the battery or other energy storage device of an electric vehicle.
B. Signs or Markings. Upon designation of a parking space or spaces for the exclusive use of electric vehicles pursuant to Subsection A of this section, the Public Works department shall place signs or markings giving adequate notice that the parking space or spaces are restricted and to be used only for such electric vehicles. The signs or markings shall be in compliance with California Vehicle Code § 22511 indicating that vehicles left standing in violation of the restriction may be removed. The parking restriction shall not apply to the designated parking spaces until the sign or markings have been placed.
C. In parking stalls designated by the use of markings and/or posting as electric vehicle charging stations, only electric vehicles are allowed to park for charging events during designated hours.
D. It is unlawful for the operator of any vehicle to allow a vehicle to park or stand in a designated electric vehicle charging station longer than the posted time limit.
E. It is unlawful for the operator of an electric vehicle to allow that vehicle to park or stand in a designated electric vehicle charging station unless the vehicle is actively conducting a charging event.
F. The police department is authorized to cite and/or remove or cause the removal of vehicles parked in violation of this section in accordance with California Vehicle Code § 22511.
G. Fees for use of electric vehicle charging stations at electric vehicle parking spaces hereinabove set forth in 6.24.137 shall be as follows:
03
Ordinance No. 7,909-N.S. Page 2 of 2
1. Baseline energy fee of $0.30 per kilowatt-hour, effective from 12:00 a.m. to 4:00 p.m. and from 9:00 p.m. to 12:00 a.m. everyday.
2. Time-of-Use energy fee of $0.40 per kilowatt-hour, effective from 4:00 p.m. to 9:00 p.m. everyday.
3. Ancillary fee of $1.50 per charging session.
4. Overstay fee of $1.00 per minute up to 30 minutes, effective after 4 hours and 15 minutes of charging from 5:00 a.m. to 10:00 p.m. everyday.
5. The City Manager may adjust the energy fees by increments no smaller than one cent ($0.01).
6. The maximum allowable annual percentage increase in energy fees shall not exceed the annual percentage increase in PG&E’s average electric rate, published in Table 1.8 of the California Public Utility Commission’s most current Assembly Bill 67 Annual Report on electric and gas utility costs.
7. Adjustments to the energy fees associated with the use of electric vehicle charging stations shall be posted to the City’s website no later than 30 days prior to the adjustment.
8. Energy fees may be adjusted no more than once per fiscal year.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on May 14, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Taplin, Wengraf, and Arreguin.
Noes: None.
Absent: None.
Ordinance No. 7,911-N.S. Page 1 of 2
ORDINANCE NO. 7,911-N.S.
AMENDING BMC SECTION 3.02.030 – LEAVES OF ABSENCE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code 3.02.030 is amended to read as follows:
3.02.030 Leaves of absence.
The following circumstances shall not count as absences for the purposes of Section 3.02.020:
A. A member of a board, commission or committee may be granted a leave of absence not to exceed three months by the appointing Councilmember, the appointing Commission, or the Mayor , when the appointment is made by the Council as a whole, and a temporary vacancy shall thereupon exist for the period of such leave of absence.
Notice of the leave of absence must be filed with the City Clerk prior to the absence.
1. During the period of such temporary vacancy, the appointing Councilmember, the appointing Commission, or the Mayor, when the appointment is made by the Council as a whole, may fill such vacancy by a temporary appointment to said commission; provided, however, that the period of such temporary appointment shall not exceed the period of the temporary vacancy. At the expiration of a leave of absence so granted, the member shall automatically resume full membership on the board, commission or committee.
2. Alternatively, the appointing Councilmember or Mayor may select one of their Alternate Commissioners to serve temporarily as provided for in Section 3.02.030.A.1 when a leave of absence is granted for one of their appointees.
B. Commissioners may request that an absence be excused due to a conflict between the date of a scheduled commission meeting on which the commissioner sits and a religious or cultural holiday. Such a request shall be made in writing on a form provided by the City and submitted to the secretary prior to the meeting for which the commissioner’s absence is to be excused. The request shall not be subject to the approval of the commission but shall be accepted upon request. The secretary shall then excuse that absence and exclude it from the attendance report sent semi-annually to the City Clerk.
The definition of a religious or cultural holiday shall be left to the individual commissioner.
However, the following list may be considered illustrative of the religious and cultural holidays for which a commissioner may seek an excused absence: Al Hijrah New Year, Ash Wednesday, Chinese New Year, Diwali, Easter Sunday, Eid Al Fitr, Eid Al Adha, Good Friday, Hanukkah, Holi, Kwanzaa, Palm Sunday, Passover, Rosh Hashanah, St.
Patrick’s Day and Yom Kippur.
04
Ordinance No. 7,911-N.S. Page 2 of 2
Ayes: Bartlett, Hahn, Humbert, Kesarwani, Lunaparra, Wengraf, and Arreguin.
Noes: None.
Absent: Taplin.
C. Members of the Police Accountability Board may be granted a leave of absence upon the filing of a notice for leave of absence with the City Clerk by the nominating Councilmember or the Mayor for their nominee. All other conditions and regulations for leaves of absence in this Code and adopted by resolution, that are not inconsistent with the City Charter, shall apply.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on May 21, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:
Office of City Manager
1 CONSENT CALENDAR
June 4, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Farimah Faiz Brown, City Attorney
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Amira Jackmon Attorney at Law, for Lorin and Gilman Parking Benefit District Formation Services
RECOMMENDATION
Adopt a Resolution authorizing the City Attorney, acting on behalf of the Office of Economic Development to execute a contract and any necessary amendments with Amira Jackmon, Attorney at Law, for an amount not to exceed $70,000 for the development of parking benefit districts in the Lorin business district of South Berkeley and the Gilman district in West Berkeley.
FISCAL IMPACTS OF RECOMMENDATION
The $70,000 contract will be funded through the General Fund (Fund Code 011-21-208- 251-0000-000-446-612990-).
CURRENT SITUATION AND ITS EFFECTS
Staff has completed a procurement process to engage professional consultant services to develop the required documents and framework to create two parking benefit business improvement districts in Berkeley. A Request for Proposals (RFP Specification No. 24-11650-C) for Lorin and Gilman Parking Benefit District Formation Services was released on January 24, 2024 and was open through February 22, 2024 (Attachment 1).
A selection panel, comprised of two economic development professionals and a Senior Transportation Planner from the Department of Public Works reviewed the proposal responses and recommended Amira Jackmon for an interview. The selection panel evaluated the respondent’s professional references and recommends that the City Council authorize a contract with Amira Jackmon, Attorney at Law, for an amount not to exceed $70,000 to complete this work. Although the funds would not come from the City Attorney’s Budget, the contract would be executed by the City Attorney, because Amira Jackmon is a licensed attorney and contracts for legal services must be made through the City Attorney’s Office.
BACKGROUND
05
Contract: Amira Jackmon - Lorin & Gilman Parking Benefit District Formation Services CONSENT CALENDAR June 4, 2024
2 On March 23, 2021, Councilmembers Bartlett (D3) and Kesarwani (D1) advanced Agenda Item Number 9: Establish a Parking Benefits District (PBD) in the Adeline Corridor Fiscal Year 2022 Budget Referral, Supplemental 1 which was amended to include the Gilman District and updated to reflect the cost of consulting services for the formation of two parking business improvement districts, passed unanimously was funded in the FY 2022 budget process. In preparation for drafting an effective RFP (Attachment 2) and bringing a consultant on board to form the parking benefit districts, Office of Economic Development (OED) staff with the assistance of a UC Berkeley graduate student intern developed existing conditions reports for both districts, engaged in preliminary research evaluating regional parking benefit district (PBD) policies, and put forth recommended best practices compatible with Berkeley’s local context (Attachment 3). It is anticipated that by establishing Parking Benefit Districts in both areas, the City will be able to help support both the Lorin and Gilman Districts by funding supplemental commercial district improvements, providing expanded programing, and increased safety protections with the parking revenue generated through the PBDs. A likely future step in this process, after the establishment of the PBDs, will be the establishment, purchase and installation of additional district parking pay stations and/or meters and increased parking enforcement in these areas.
The Lorin District of South Berkeley is a diverse, artistic, and transit accessible commercial district in the City of Berkeley. The Lorin is home to the South Berkeley Farmers’ Market and Berkeley Flea Market, two live theater companies, and a thriving arts and antiques scene. The Lorin Business Association includes businesses, nonprofits, artists, and property owners located along Adeline Street from Ashby Avenue to the Oakland border. The Association seeks to promote economic vitality by promotion of positive business and commercial activity, streetscape improvements and the arts. Outlined in the adopted Adeline Corridor Specific Plan (2020) and in Lorin Business Association’s Vision for South Berkeley is the goal to establish a Business Improvement District (BID).
The Gilman District of West Berkeley is home to a wide range of businesses, services and amenities that attract visitors from across the Bay Area. The Gilman District, situated in the northwest section of Berkeley, is a dynamic mix of manufacturing, light industry, art studio space, retail, and food establishments. It is also home to recreational sports fields, and an urban farm, that hosts various family and community programs.
District events including the annual Gilman Street Fair are supported by the volunteer members of the Gilman District Association.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Contract: Amira Jackmon - Lorin & Gilman Parking Benefit District Formation Services CONSENT CALENDAR June 4, 2024
3 The proposal by Amira Jackmon, Attorney at Law, was selected based upon the following criteria: project approach, expertise, references, cost, and sustainable business practices.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Kieron Slaughter, Office of Economic Development, (510) 981-2490 Attachments:
1: Resolution
2: Selected Pages: Request for Proposals (RFP) for Lorin & Gilman Parking Benefit District(s) Formation Services, January 2024
3: Client Report: Adeline Corridor Parking Benefit District, prepared for the City of Berkeley, Pierce Abrahamson, UC Berkeley Masters in City Planning, September 2021
RESOLUTION NO. ##,###-N.S.
CONTRACT WITH AMIRA JACKMON FOR LORIN AND GILMAN PARKING BENEFIT
DISTRICT FORMATION SERVICES
WHEREAS, the Adeline Corridor Specific Plan (2020) calls for the establishment of a Business Improvement district (BID); and
WHEREAS, the Lorin Business Association’s Vision for South Berkeley includes the establishment of a BID; and
WHEREAS, the Adeline Corridor Specific Plan (2020) seeks to ensure private and public realm improvements and programming enhance the identity of the Adeline Corridor and the pedestrian and retail environment; and WHEREAS, the Council Item: Establish a Parking Benefit District (PBD) in the Adeline Corridor and Fiscal Year 2022 Budget Referral (March 23, 2021) called for the establishment of a Parking BID for the Lorin District to support the Lorin Business Association to implement a goal of the Adeline Corridor Specific Plan and to finance and support neighborhood improvements in South Berkeley; and WHEREAS, the same Council Item, revised: Establish Parking Benefit Districts in the Adeline Corridor and Gilman District and Refer Funding to the Fiscal Year 2022 Budget Process (March 23, 2021) called for the establishment of a similar Parking BID for Gilman district in Northwest Berkeley in order to finance and support neighborhood improvements including but not limited to landscaping, cleaning, events, marketing and promotion of the commercial areas, and other potential enhancements in South and West Berkeley; and
WHERES, a Request for Proposals (RFP) for Lorin and Gilman Parking Benefit District Formation Services was released on January 24, 2024 and was open through February 22, 2024; and
WHEREAS, a selection panel, reviewed the qualifications and references for the RFP respondents and recommends Amira Jackmon, Attorney at Law to complete the formation of two parking BIDs in both the Gilman and Lorin Districts; 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 Amira Jackmon, Attorney at Law, for Lorin and Gilman Parking Benefit District Formation Services for amount not to exceed $70,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.
Attachment 1
City of Berkeley Specification No. 24-11650-C Page 1 of 2 Parking Benefit District Formation Services [SELECTED PAGES]
REQUEST FOR PROPOSALS (RFP)
Specification No. 24-11650-C
FOR
LORIN & GILMAN PARKING BENEFIT DISTRICT(S) FORMATION SERVICES
PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY
Dear Proposer:
The City of Berkeley is soliciting written proposals from qualified firms and or individuals specializing in the formation of Parking Benefit Districts (PBDs) for the Lorin and Gilman business districts pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District (PBID) Law of 1994 (the “Act”). The City seeks to contract with a consultant that reflects, understands and values the diversity of the City’s constituency and values. The study area is inclusive of commercial, mixed-use residential, residential, industrial, transit and municipal parcels including and adjacent to the Ashby BART Station in the Adeline Corridor Specific Plan area and in the Gilman District near I-80 and San Pablo Avenue (see Reference Exhibits A&B, Proposed District Map). As a Request for Proposal (RFP), this is not an invitation to bid and although price is very important, other factors will be taken into consideration.
I. INTRODUCTION
The City of Berkeley is considering proposals from firms specializing in the formation of Parking Benefit Districts (PBDs) for the Lorin Business District and Gilman Business District (“the Districts”) pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District (PBID) Law of 1994 (the “Act”). Parking Benefits Districts (PBDs) are defined geographic areas, typically in commercial areas or along commercial corridors in which a majority of the revenue generated from on and off- street City owned parking facilities within the district is returned to the district to finance neighborhood improvements, programing and activities. In Parking Benefit Districts, a Parking District Board or Advisory Committee can utilize a percentage of parking revenues generated within the district to make neighborhood improvements that improve quality of life, implement or maintain infrastructure and increase neighborhood safety.
The study areas consist of various commercial, residential and light industrial parcels as outlined in the attached Lorin Business District map (Exhibit A) and Gilman Business District map (Exhibit B). In December 2020, the Berkeley City Council adopted the Adeline Corridor Plan which includes the goal to “…explore the potential to establish Business Improvement District(s) [in the study area]”.
The purpose of this request for proposal document is to work with the City of Berkeley to establish two separate Parking Benefit Districts (PBDs). Tasks will include:
a. Development of detailed PBD boundary maps, in both PDF, GIS shapefiles and other formats required by the city Engineering Department.
b. Accompanying preparation of an “Engineering Report” for each district produced in accordance with Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District (PBID) Law of 1994 (the “Act”). c. Estimate of Revenue (annual) for each district, based on current and projected parking capacity and revenues
d. Recommendation of initial establishment term (5 or 10 years), management structure, and organizational implementation plan and relevant by law creation for each PBD’s governing body. e. Production of two separate Management District Plans (one for Gilman and one for the Lorin), with the method and basis of assessment for each articulated in accordance with Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District (PBID) Law of 1994 (the “Act”).
f. Accompanying drafting of PBD establishment documents, including council resolutions, and public hearing materials including public notification documents (including mailing lists) in accordance with relevant regulations.
City of Berkeley Specification No. 24-11650-C Page 2 of 2 Parking Benefit District Formation Services [SELECTED PAGES] II. SCOPE OF SERVICES
The goal of this contract is to retain professional services to assist in the research, document preparation, and legislative efforts required to establish two new parking benefit districts in Berkeley starting in calendar year 2025.
Tasks & Preparation:
The specific tasks may include (but are not limited to, and may not necessarily include all of) the following phases and activities:
Phase I:
Phase I reflects the initial assessment of creating the PBD. This will include, but is not limited to, reviewing meeting materials, touring site areas, developing a project timeline with tasks and associated costs.
Phase II:
Phase II reflects the analytical work, reviewing and understanding the services, budget development, parking areas to be assessed, and quantifying the general and special benefits, drafting the management district plan for review and consideration by the Lorin Business Association and Gilman District Association respectively.
Phase III:
Phase III reflects the legal process to establish the PBD. This will include, but is not limited to, the development of ordinances, the Management Plan, the Engineer’s Report, and then concluding with the City Council Agenda Report and associated public hearing documents.
Preparation
Proposers are encouraged to review relevant reports, plans and policies, both those in process and adopted. Proposers are encouraged to propose any additional phasing, or project elements they believe will improve the desired project outcome.
o Phasing in the Lorin District should be closely aligned with the development of the Ashby BART station and the closure of the two existing BART owned public parking lots at the Ashby BART station (anticipated Fall 2025).
Proposers shall analyze a strategy that retains revenue from Residential Parking Permits and long-term parking passes within the plan areas.
Proposers are expected to prepare for and attend public hearings and make presentations as needed (not to exceed 8 public meetings).
Provide final relevant documents, including native file formats including the Management Plan, Engineer’s Report, revenue projections, mailing lists, etc. All documents relevant to the establishment of each district should also be packaged in a binder (one per district) and provided in a packaged PDF (print digital format).
In order to promote competition and increase the number of eligible bidders, the RFP should avoid imposing unnecessary requirements or qualifications that unfairly restrict the competition.
Term:
The contract term shall be for a period of 12 months with an option to extend for an additional 12 months at the sole discretion of the City of Berkeley.
Funding Availability:
Up to $70,000 for the creation of both parking benefit districts.
Client Report: Adeline-
Corridor Parking Benefit
District
PREPARED FOR THE CITY OF BERKELEY, SEPTEMBER 2021
PIERCE ABRAHAMSON, MCP CANDIDATE, UC BERKELEY 2022
2021
TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION ............................................................................. 3
1.1 OVERVIEW OF PROJECT ......................................................................................... 3
1.2 OBJECTIVES ............................................................................................................. 3
1.3 RESEARCH APPROACH ........................................................................................... 3 CHAPTER 2: BACKGROUND ............................................................................... 4
2.1 BUSINESS IMPROVEMENT DISTRICTS (BID) ......................................................... 4
2.2 BIDS IN BERKELEY................................................................................................... 4
2.3 PARKING BENEFIT DISTRICT (PBD) ....................................................................... 5 CHAPTER 3: CURRENT CONDITIONS ................................................................ 6
3.1 COMMUNITY CONTEXTS AND NEEDS ................................................................... 6
3.2 PARKING MANAGEMENT......................................................................................... 6
3.3 FUTURE PLANS ........................................................................................................ 7 CHAPTER 4: CASE STUDIES ............................................................................... 8
4.1 REDWOOD CITY ....................................................................................................... 8
4.2 VENTURA .................................................................................................................. 9
4.3 PASADENA .............................................................................................................. 11
4.4 AUSTIN .................................................................................................................... 12 CHAPTER 5: RECOMMENDATIONS .................................................................. 13
5.1 PRIORITIZE GOBERKELEY IMPLEMENTATION IN THE ADELINE CORRIDOR .. 13
5.2 IDENTIFY FORMATION COST OF THE PBD AND CITY STAFF ENGAGEMENT LEVEL ............................................................................................................................ 13 5 .3 CREATE A PARKING BENEFIT DISTRICT ............................................................. 13
5.4 ESTABLISH A NINE-PERSON ADVISORY BOARD THAT IS REFLECTIVE OF THE DIVERSE COMMUNITY IT REPRESENTS .................................................................... 14
5.5 STIPULATE FINANCIAL, GOVERNANCE, AND EQUITY ACCOUNTABILITY MEASURES ................................................................................................................... 14
5.6 INSTITUTE A 70-30 PROFIT-SHARING MODEL .................................................... 15
5.7 EXPLORE ALTERNATIVE FINANCING OPPORTUNITIES ..................................... 15
5.8 EARN COMMUNITY TRUST THROUGH FREQUENT ENGAGEMENT, EDUCATION, AND EXPECTATION MANAGEMENT ........................................................................... 15
5.9 PROHIBIT DISCRIMINATORY AND EXCLUSIONARY PRACTICES AND POLICY ADVOCACY ................................................................................................................... 16
5.10 EXPLORE MORE INTUITIVE WAYFINDING STRATEGIES .................................. 16 CHAPTER 6: CONCLUSION ............................................................................... 17 ACKNOWLEDGEMENTS ............................................................................................ 18
APPENDIX .......................................................................................................... 19 SOURCES ........................................................................................................... 20
CHAPTER 1: INTRODUCTION
1.1 OVERVIEW OF PROJECT
As part of the City of Berkeley Adeline Corridor Specific Plan (adopted 2020) and by recommendation of the Lorin Business Association (LBA) and other community members, the Berkeley City Council has directed the City Manager to:
“Establish a Parking Benefits District (PBD) in the Adeline Corridor to finance and support neighborhood improvements--such as landscaping, lighting, cleaning, pedestrian, and transit infrastructure, and more--in South Berkeley and refer to the Fiscal Year 2022 budget process $50,000 for city staff to hire and manage a consultant to assist in the formation and establishment of the PBD (City of Berkeley, 2021).”
In addition to undertaking the above action, another district (Gilman) was added to the referral along with $25,000 additional dollars to fund the exploration of the development of a companion PBD in the Gilman commercial area, located in Council District 1.
As a first step to satisfy City Council’s direction, the City of Berkeley’s Office of Economic Development (OED) has collaborated with UC Berkeley to enlist the help of a graduate student to research relevant case studies and best practices in establishing a PBD. The findings provided by the student are intended to offer recommendations to the Office of Economic Development and do not express the views of the city of Berkeley.
1.2 OBJECTIVES
The objectives of the student’s research and resulting report are as follows:
• Provide educational background on Business Improvement Districts, Parking Benefit Districts, and the creation of a proposal for the Adeline and Gilman Business districts.
• Propose PBD boundaries based upon recommendations by the LBA and the Adeline Corridor Specific Plan of 2020 and the Gilman District council referral of March 23, 2021.
• Present a composite map that includes all existing BID boundaries in the city of Berkeley as well as the proposed PBD boundaries for the Adeline Corridor and Gilman District.
• Consult primary and secondary documentation on the local context of the Lorin neighborhood and Gilman District.
• Research case studies, academic literature, and other sources to acquire a comprehensive understanding of best practices of PBDs in communities comparable to Berkeley.
• Propose preliminary recommendations to the Office of Economic Development to review and consider for their own recommendations to City Council.
1.3 RESEARCH APPROACH
The research for this report was conducted between June 2021 and September 2021. Sources such as academic literature, informational interviews, and primary government documents were prioritized in establishing the factual foundation for this report. Sources such as business improvement district (BID) and business association websites, relevant blogs, social media, local publications were also consulted to provide a nuanced understanding of the socio-political climate surrounding PBDs. While community engagement was not conducted as a part of this research, extensive engagement efforts have been pursued prior by the City of Berkeley on this subject during the drafting (2014-2020) of the Adeline Corridor Specific Plan of 2020. The findings of these engagement efforts were heavily drawn upon in the writing of this report’s community context and recommendation chapters.
CHAPTER 2: BACKGROUND
2.1 BUSINESS IMPROVEMENT DISTRICTS (BIDs)
Since the 1970s, business improvement districts have become popular public- private organizations leveraged by city and local businesses to promote economic development within a designated geographical zone (Elmedni, 2018). These districts are often funded by property assessment fees or a mix of public and private revenues streams to support business improvement services such as street beautification and area marketing. Cities such as New York City have over 75 BIDs, underscoring the popularity and success of the concept. These organizations already exist in Berkeley, such as the Downtown BID managed by the Downtown Business Association (DBA), Telegraph Business Improvement District (TBID), and the Elmwood Business Improvement District. Residents and visitors alike often recognize their services in venues such as festival sponsors, frequent sidewalk power washing, holiday decorations, or the presence of street ambassadors within these districts.
Policy experts and academics have argued that BIDs are often successful in increasing property values and business sales, beautifying spaces, and creating economic benefits for the community at large (Campagna, 2016). Notwithstanding, some have also noted that BIDs may adversely affect area affordability for low- income residents and small businesses absent appropriate anti-displacement measures and other policy interventions pursued by the city. Moreover, the Policy Advocacy Clinic at Berkeley Law published a report in 2018 that documented BIDs across California often “enact, maintain, and strengthen anti-homelessness laws” in a manner that excludes homeless people from public space (Selbin et al., 2018).
Consequently, one of the primary objectives of this report is to provide recommendations for establishing a benefit district that is both responsive and accountable to community needs and disadvantaged groups.
2.2 BIDS IN BERKELEY
There are currently five BIDs in the City of Berkeley. These BIDs are listed below with their corresponding business association (if appropriate):
• Downtown Business Improvement District / Downtown Berkeley Association (DBA)
• Telegraph Business Improvement District (TBID)/Telegraph Property and Business Management Corporation (TPBMC)
• North Shattuck Business Improvement District (NSBID)/ North Shattuck Association
• Elmwood Business Improvement District / Elmwood Merchants Association Solano Avenue Business Improvement District / (Solano BID Advisory Board (fiscal agent is TPBMC)
• Tourism Business Improvement District (Citywide)/ Visit Berkeley
The DBA, NSBID, and TBID are the largest and most well-known BIDs in Berkeley, representing some of the densest and heavily trafficked commercial corridors near UC Berkeley. All five BIDs have played influential roles in shaping the marketing and beautification of their districts and contributed to their areas’ success. The map below indicates their locations, as well as the proposed boundaries of the Lorin and Gilman Parking Benefit Districts.
Map of Business Improvement Districts in the City of Berkeley
Proposed Lorin Parking Benefit District Boundary
Proposed Gilman Parking Benefit District Boundary
N
N
All BIDs in Berkeley are funded by either business license fees (Elmwood/Solano) or property assessment fees (North Shattuck, Downtown, Telegraph) or lodging tariffs on properties with five or more rooms for nightly rental (Toursim), which means that property owners, business license holders, or lodging establishments within the district parameters pay a supplemental fee to support the operations of the business improvement district. This configuration is the most popular across cities in the United States for districts that operate independently from the city. Since the 1990s, however, some cities have implemented and found success with alternate or hybrid BID configurations that provide numerous advantages over the traditional form.
2.3 PARKING BENEFIT DISTRICT (PBD)
One alternative benefit district structure that has become increasingly popular in the last fifteen years is the Parking Benefit District (PBD). PBDs are a flexible tool that combine the benefits of a traditional BID with parking congestion management and revenue generation typical of a parking management district. The initial start-up costs are significantly less that a business license or property-based BID. A PBD often retains the organizational structure and economic development objectives of a BID while administrating and collecting a percentage of metered parking revenue in a designated geographical area (Shoup, 2016). This allows PBDs to fund in-demand district projects through parking meter revenues while promoting parking turnover and efficient parking management. For these two primary benefits, the PBD variant of a BID is recommended for both the Gilman and Lorin districts.
The most well-known PBD in California is in Old Pasadena, which has since 1993 been celebrated for its success in revitalizing a once unattractive commercial district into one of the premier shopping and recreational destinations in Southern California. The case study of Old Pasadena is described in detail in chapter 4, alongside other successful examples of PBDs from cities such as Austin, TX and Redwood City, CA.
One of the great advantages of PBDs is that they are flexible and responsive to the local context. Not surprising then, many PBDs look quite different in organizational structure and scale as they are not one-size-fits-all. Most PBDs, such as Old Pasadena and West Campus in Austin, are largely independent non-profit organizations that take a collaborative approach to governance with the city.
Others, however, such as Ventura, CA, limit the decision- making authority and governing power of the PBD board to an advisory role.
Likewise, some PBDs are authorized to collect the total revenue generated by parking meters, while some are required to split the revenue with the city or with a capital reinvestment fund. These differences are useful for investigating which elements from each of these case studies would be most appropriate for a future PBD in the Lorin and Gilman district in Berkeley.
CHAPTER 3: CURRENT CONDITIONS
3.1 COMMUNITY CONTEXTS AND NEEDS
The Lorin neighborhood, and its broader urban context, commonly referred to as South Berkeley, is bounded by Sacramento Street to the west, Martin Luther King
Jr. (MLK) Way and Adeline Street to the east, Ashby Avenue to the North, and the Berkeley-Oakland city border to the south on 62nd street. The community is well- known for its diversity, history of activism, and a flourishing arts and theater scene.
It is also commonly frequented by visitors due to a thriving food scene, the Berkeley Flea Market, and an annual Juneteenth Festival. With the Ashby BART Station at its center, it is very accessible via mass transit to the greater Bay Area.
The Adeline Corridor, which extends 1.3 miles from the Oakland-Berkeley border on Adeline Street to a portion of Shattuck Avenue, is considered the commercial core of the Lorin District. For over five years, the volunteer Lorin Business Association (LBA) has advocated for establishing a BID for this corridor. The LBA argues that a BID would help bring equitable economic and community development for a neighborhood whose community has been historically neglected and marginalized.
LBA members have expressed that a BID could be an opportunity to bridge the gap between the Lorin District and areas of the city with pre-existing BIDs such as neighboring Downtown Berkeley. Furthermore, they indicated it could fund street and neighborhood festivals, beautification efforts, street cleaning, placemaking projects, unhoused outreach, marketing, technical assistance for local businesses, and transit and pedestrian infrastructure enhancements.
Lorin residents during the community outreach processes for the Adeline Corridor Specific Plan have expressed similar sentiments in surveys conducted by city staff.
The top three areas survey respondents indicated needing improvement in the Adeline Corridor area are as follows (City of Berkeley, 2017):
1. Enhanced opportunities for affordable housing (37%)
2. Retail, restaurant, and entertainment opportunities (35%)
3. Enhanced public spaces (30%)
During community workshops, residents expanded upon points 1 and 3 above to voice concerns about street cleanliness and additional services for unsheltered residents. Residents expressed support for establishing a BID to meet these needs on the condition that it aligns with community values of equity and compassion for unsheltered/unhoused residents and draws from a representative group of stakeholders such as black business owners and local non-profits.
3.2 PARKING MANAGEMENT
The City of Berkeley operates both a traditional metered parking program and a data-driven, demand-responsive program known as goBerkeley in five commercial districts. The Lorin district is presently in a non-goBerkeley program area, in which parking rates are a flat rate irrespective of localized demand. Furthermore, time limits are short and highly variable, ranging from 30-120 minutes. A sizeable portion of the Adeline Corridor area is unmetered, which provides no incentive for parking turnover nor revenue collection opportunity. Moreover, parking meter revenue that is generated in the area simply goes to solely fund parking enforcement operations.
The Adeline Corridor lacks many of the efficiencies and benefits obtained in goBerkeley areas. In goBerkeley program areas, parking is easier to find, rules are easier to understand, and vehicle cruising and congestion emissions reduced. This is made possible by implementing data-driven, demand-responsive parking rates for an intended 80-85% parking occupancy rate. Parking prices are raised or lowered
according to parking availability patterns by block face such that prices are adjusted until an optimal 10-15% space vacancy rate is achieved. Time limits are simplified by creating uniform two zones (premium and value) and lengthening limits to 2-8 hours to accommodate a variety of users.
The result of such a program is that parking is regularly available at a variety of different price points according to needs, visit purpose, and willingness to walk.
This is highly desirable for a commercial district, for those who are shopping or dining can easily find proximate parking at higher-turnover but more expensive spaces. At the same time, workers and commuters can secure long-term, lower- cost parking further out on the off-streets. This contrasts to the typical problem that plagues commercial districts: parking is free but often in frustratingly short supply due to confusing time limits rules or high-occupancy rates by long-term parkers who are successful at playing the “90-minute shuffle (Shoup, 2016).”
The Berkeley City Council has recently approved the authorization of goBerkeley to be expanded to the rest of Berkeley with implementation to follow an incremental, neighborhood-by-neighborhood approach to establish reliable parking demand data and community consultation. As of the time of this report, no such process has yet been conducted for the Adeline Corridor.
3.3 FUTURE PLANS
In December 2020 the city of Berkeley adopted the final Adeline Corridor Specific Plan that establishes a new vision for the community over the next twenty years.
The plan was developed in collaboration with community stakeholders to work towards creating affordable housing, preventing displacement, facilitating equitable economic opportunity, and improve public spaces. The plan projects a net gain of 1,450 housing units with a target goal of making 50% of these affordable. New housing development in the corridor is expected to be aligned with the city’s mixed-use, transit-oriented goals and thus is likely to be sited near existing local businesses in the Adeline Corridor.
These adopted changes outlined in the Adeline Corridor Specific Plan are pertinent to address as they speak to the necessity of a BID for the district. Projected increases in population and visitor traffic to the neighborhood will require proactive efforts to ensure parking and traffic congestion impacts are mitigated and existing businesses have the resources they need to thrive. In fact, the plan explicitly proposes a “Business Improvement District(s) or similar entity” for such a task. Furthermore, as development at the Ashby BART station gets closer to reality, and demands for parking increase, it’s an opportune time to implement additional parking regulations around the station area to minimize impacts to residents and business owners. Given the neighborhood context, expressed needs, and lessons learned from case studies documented in the next chapter, the Adeline Corridor would greatly benefit from a Parking Benefit District.
CHAPTER 4: CASE STUDIES
4.1 REDWOOD CITY, CA
Downtown Redwood City is a popular location to work, eat, shop, and attend events in Silicon Valley. The city also has been a long-time leader in cutting-edge
parking management, with paid parking meters dating back to the 1950s. In the early 2000s, Redwood City became one of the first to implement a parking benefits district. Their Redwood City Improvement Association (RCIA) and Downtown Redwood City Parking Management Plan are notable for introducing demand- responsive parking rates, eliminating time limits, and continually innovating with advanced wayfinding systems.
The RCIA is an example of a parking benefit district with considerable independent governance. RCIA advisory board has the authority to make expenditure decisions, vote on projects, and manage their own budget. The board consists of business owners, property managers, and city staffers. The district is required to hold public meetings, conduct public outreach during project proposals, and produce annual and financial reports for city council.
The parking district project originated from the conclusions drawn from occupancy surveys carried out by city staff to understand parking patterns, problems, and future impacts and trends in the downtown area (Redwood City, 2005). The city conducted three community engagement workshops with downtown stakeholders during the planning process. The first workshop informed stakeholders about current conditions and the need for a solution and provided a Q&A opportunity. The following workshop introduced a handful of potential proposals to the attendees and discussed the benefits and disadvantages. This workshop included a “game” involving members forming groups and plotting ideas they thought would be best regarding time limits, meter location, pricing, employee permits, etc. In the last workshop, city staff presented their project recommendations and provided an opportunity for idea refinements and suggestions.
The benefit district boundaries grew out of a study conducted during the Downtown Precise Plan, which guides all the development and business activities downtown.
The downtown business association, the chamber of commerce, and other local organizations provided input into this process.
Over the past fifteen years, the RCIA has become recognized as a model parking benefits district, realizing financial success and widespread approval. During the 2018 fiscal year, the RCIA had an operating budget of approximately $900,000 and collected property assessment revenue in addition to metered parking revenue (RCIA, 2019). With the funds generated, the district has been able to pay for sidewalk operations and beautification (54% of annual budget), district identity and signage (20%), parking management (7%), administrative functions (15%), and other fees (4%). Specific examples of improvements made in the district include LED tree lighting, art installations, a new cutting-edge wayfinding system, bike rakes, and more.
When asked about best practices, city staff stressed the importance of managing money/fiscal expectations with stakeholders. When stating return on investment (ROI) figures over a long-term period, it is vital to remind stakeholders that the first few years of operation will not generate ample revenue for major projects.
Moreover, they caution against committing money based on projections, as this could create unnecessary tension and distrust if the funds end up not becoming available.
Regarding homelessness programs, city staff recommend “striking a balance”
between business’ needs to conduct business and customers’ safety with that of the needs of the unsheltered population in the neighborhood. On the one hand, it is necessary to provide outreach solutions that connect unsheltered individuals with social services and build trustful relationships. On the other hand, they state that there will be pressure by businesses to take immediate action on the issue that some in the city may not agree with. They thus advise managing expectations in this regard to find workable solutions for everyone.
Concerning current and future projects, The RCIA and Redwood City are currently implementing a new on-street parking guidance system called Clevercity, following a successful pilot for their parking garages (Clevercity, 2021). This parking guidance system leverages smart sensors and digital signs to provide real-time parking guidance for vehicle travelers. During the pilot study, the city has found that the wayfinding system has effectively distributed occupancy rates across the downtown parking garages. Previously, the most impacted garage would be near max capacity during peak hours, while garages merely a block away would be at 20% occupancy, contributing to visitor complaints of parking space shortage. Both garages now average a 60%-70% occupancy rate. The city expects similar results for their on- street parking occupancy rates once the new system goes live by late august.
4.2 VENTURA, CA
Downtown Ventura is a lively beachside neighborhood with a variety of local retailers, restaurants, and breweries. Its parking benefit district has been live for over a decade. As in Redwood City, parking is mandated by city ordinance to be market rate with an 85% target occupancy rate, and profits generated are required to be utilized only for expenditure within the district’s boundaries. Improvement projects funded by the program include street beautification, downtown security, parking lot and alley improvements, sidewalk cleaning, landscape lighting, and area marketing.
The Ventura program is an example of a parking benefit district that is largely operated by the city itself. City council retains final approval over expenditures, advisory board appointments, and decision-making. Furthermore, the district’s finances are managed within the city’s budget ledgers. However, the Ventura program does feature a Downtown Parking Advisory Committee (DPAC) that provides policy, management, and expenditure recommendations. The board includes seven members from within the district (Ventura, 2008):
• One city resident
• Two business owners or managers
• One commercial proprietor
• One resident recommended by a downtown organization
• Two city residents at large
There are no term limits for board members. However, they are appointed for four years in a staggered fashion.
In the district’s formation, the city conducted two community outreach workshops and has made over ten presentations to over a hundred stakeholders. In the beginning, there was a sizeable opposition block to metering the downtown area out of fear of driving away business. The city took the following actions to gain
public buy-in:
1. Marketed the program as a city effort to find money for neighborhood investment and emphasizing that all profits generated will be used within the district boundaries. One example includes printing a list of improvements the revenues fund on the back of each paid parking ticket.
2. Launched a kick-off campaign during launch week. City employees and officials were stationed downtown to guide visitors and businesses and hand out free parking vouchers and brochures.
3. Set initial parking rates below market rate; pricing was gradually increased to market rate over time. The city made this choice believing that it would help get the public habituated to paying for parking.
The program as a result has been broadly popular and accepted by neighborhood residents and businesses.
Initially, the district borrowed $875,000 from other city programs to pay for parking meters and wayfinding signage (Ventura, 2008). This number was determined by a fiscal impact analysis that considered fixed and variable costs such as meter installation, operating expenses, and estimated annual revenue. According to city reports, it took five years for the district to pay off this loan. For the next five years, the parking district has been profitable, generating on average $50,000 per month.
Since the COVID-19 pandemic, however, the district has lost money, generating only $80,000 for the entire fiscal year (Ventura, 2021).
Although revenues have somewhat recovered in recent months, city staff have indicated that forecasting remains a difficult task. They state that besides the volatile nature of the pandemic, questions that have a significant bearing on the profitability and availability of premium parking space, such as the future role and place of street closures and parklets remain unanswered. As a result, the parking district is deliberating whether to push the premium price map outwards towards additional side streets and parking structures to stabilize revenues and afford a new parking structure.
4.3 PASADENA, CA
Old Pasadena is one of the most successful and well-known parking benefit districts. Since the founding of its PBD in 1993, it has transformed into a cherished public space and regional shopping destination thanks to metered parking. The Old Pasadena Business Improvement District (OPMD) of 21 square blocks has been able to increase sales tax revenues for the city, increase foot traffic for businesses, and fund street beautification and marketing projects such as tree plantings, historic lights, and special events (Streeter, 2004).
During the 2015 fiscal year, the OMPD brought in $1.7 million in revenue and had a budget of $1.3 million. 71.2% of overall spending went towards beautification and safety features, 13.6% on marketing, and 15.2% on administration (OMPD, 2016).
Over half of the revenue collected came from property assessments (over $1 million), though contract revenue from the city and parking management fees were also considerable revenue sources. The district sets aside around 12% of its operating revenue for emergency reserves.
Like the Redwood City RCIA, The OMPD operates as a non-profit organization with independent decision-making and budgetary authority. The OMPD must produce annual reports, financial statements and be renewed by ballot measure every ten
years. The OMPD also has a 17-representative advisory board that includes property owners, business owners, and residents within the district boundaries (Pasadena, 2015). The BID boundaries are subdivided into separate districts according to each area’s specific characteristics and needs, which affect how much assessment is collected and which services are provided. Some of the higher-need services include more frequent power washing of streets and trash collection, the number of street ambassadors, and additional security. The district currently employees five staff members.
Relative to other PBDs and BIDs, the OMPD invests a considerable amount in programs for unsheltered persons. In addition to holding numerous fundraising drives for unsheltered persons, the OMPD contracts with Block by Block to provide outreach services. According to one training brochure, the organization has the following goals: relationship building, earning trust, and connecting persons to social service providers. Block by Block (BBB) outreach specialists are expected to attend community meetings and follow through with service providers to ensure the persons they’ve connected with receive the support they need. They also provide immediate support through referral guides, hygiene kits, and transportation assistance. Notwithstanding, BBB has a mixed history on delivering long-term beneficial services according to homeless feedback surveys (Selbin et al., 2018).
Likewise, BBB is often criticized for violating privacy rights and aggressive reporting of panhandling and instances of sidewalk blocking to the police.
4.4 AUSTIN, TX
The city of Austin has experienced remarkable success with parking districts, with over four in total to date. During year one, the city’s first PBD pilot program in West Campus was able to measurably reduce traffic congestion, generate over $163,000 in revenue, fund over $40,000 in street and beautification enhancements. After five years as a pilot program and earning substantial popularity and dollars, city council passed ordinances to render the parking district permanent and allow other neighborhoods to apply for their own program (Austin, 2015).
The city utilizes two different parking management programs: Parking Benefit Districts (PBD), and Parking and Transportation Management Districts (PTMDs). Per city ordinance, PBDs have a 96-parking space minimum requirement and must be operated by an independent non-profit. Additionally, they have a limited selection of what money can be spent on. PTMDs, in contrast, have less stringent parking space minimum requirements, provide more flexibility to earmark money for transportation services, but must be managed by the city. There is currently one PBD In Austin and three PTMDs.
Parking districts in Austin take a collaborative governance approach with the city and are permitted a certain degree of independence in decision making and reporting. Parking district advisory boards are led by local businesses and residents and can make budgetary decisions up to a $61,000 threshold without council approval. Furthermore, annual reports are not required unless requested by council.
Notwithstanding, finances are still managed within the city’s books, and the parking districts gain only 51% of parking meter revenues after operating expenses.
The city typically reaches out to neighborhood associations, local business organizations, and core establishments to solicit feedback to establish BID
boundaries. City staff often leverage GIS services to determine who they should reach before engaging in such discussions. In the downtown Austin program, the local business association submitted a BID boundary application that, with a few adjustments, became the official BID boundary for the district.
Austin parking districts feature a split profit model, where 51% of the revenue goes to the parking benefit district and 49% goes into a capital investment fund. While an “all profits remain in the district” model is more often pursued, city staff has expressed that the Austin model provides additional financial stability and the capacity to fund essential parking programs that aren’t profitable. Through the capital investment fund, the city has been able to appropriate over 2 million dollarsworth of new sidewalk for the West Campus district, 3 million dollars in “Great Street” funds, and pay for essential staff and services such as engineers and rentals. The West Campus PBD currently employs two part-time staffers and one full-time.
During the pilot program for the west campus PBD program, the city successfully applied for a $43,000 grant from the EPA’s Mobile Source Outreach Assistance Program for reducing car emissions in 2005. While the EPA no longer offers this specific grant, it serves as a reminder to never discount shopping around for grant funding to help offset initial program startup costs.
When asked about best practices, city staff provided similar advice to that of Redwood City, underscoring the importance of managing the financial expectations of stakeholders. Important lessons include, “the bank account needs building time; the need for city staff during the first few years will be minimal.” Furthermore, big projects on the scale of what is being accomplished by more established districts will not be possible in the first few years, and thus it is critical to communicate this with the public clearly.
CHAPTER 5: RECOMMENDATIONS
5.1 PRIORITIZE GoBERKELEY IMPLEMENTATION IN THE ADELINE
CORRIDOR AND THE GILMAN DISTRICT
Implementing a sophisticated parking management strategy such as goBerkeley that would include sufficient metered parking with a demand-responsive pricing structure is a prerequisite for establishing a PBD. Without the installation of additional meters and flexible dynamic market-rate pricing, the financial health of the proposed PBD will be compromised. This report recommends prioritizing an expedited timeline for incorporating the Adeline Corridor including the Lorin District and Gilman District into the goBerkeley program prior to a go-live date for the proposed PBD.
5.2 IDENTIFY FORMATION COST OF THE PBD AND ONGOING
CITY STAFF ENGAGEMENT LEVEL
Identifying how much and where the initial seed money will be sourced is a crucial preliminary step for establishing a PBD. This should include conducting a fiscal impact analysis that includes considerations such as procurement and installation
of additional parking meters, signs, administrative costs, ongoing maintenance costs and lifecycle management, and revenue forecasting. Likewise, determining where money will be appropriated from and in what form (i.e. loan) is an important decision likely to involve considerable deliberation. The city should also consider how many city employees and hours to allocate as a liaison to the PBD, once it is established.
5.3 CREATE A PARKING BENEFIT DISTRICT
This report recommends establishing a parking benefit district (PBD) in the Adeline Corridor and Gilman District. PBD suggested boundaries are indicated in the map below:
5.4 ESTABLISH A NINE-PERSON EXECUTIVE BOARD THAT IS
REFLECTIVE OF THE DIVERSE COMMUNITY IT REPRESENTS
The PBD in the Adeline Corridor and Gilman District is recommended to be governed by a nine-person executive board that reflects the diverse community it represents. Prior community engagement efforts indicate that Lorin residents believe voices from black business owners, local non-profits, and non-business or property- owning residents should be particularly elevated. The same approach and goals are suggested for the Gilman District as well. The city and PBD should strive to make every effort possible to ensure diversity in governance is achieved. Moreover, the 9- person board seating is recommended as follows:
• One city staff member
• Two business owners or managers from the district
• One commercial proprietor from the district
• One non-managerial worker from a local business
• One person employed by or recommended by a PBD district non-profit • Two residents from the Lorin and Gilman District neighborhood (up to ½ mile from the PBD boundary)
• One city resident at large
The city should additionally consider whether term limits shall be implemented as well as term duration. Term limits are not universally common; board appointments tend to range from four to five years at a time for BIDs.
5.5 STIPULATE FINANCIAL, GOVERNANCE, AND EQUITY
ACCOUNTABILITY MEASURES
Given that PBDs and other BID-like entities receive and provide similar benefits as ones, they should be held to comparable standards of a public agency. Scholars such as Briffault (1999) and Becker (2012) have argued that it is possible to hold BIDs politically accountable when their host city stipulates appropriate requirements to ensure democratic and transparent outcomes. As such, this report recommends the following criteria for the Adeline-Corridor and Gilman District PBD:
• Hold open meetings that are accessible to the public with reasonable notice Meeting agendas and minutes must be made readily available online • Board members must be appointed by a City Councilmember. Exception for the city employee member, who is instead appointed by the City
Manager
• The PBD must include board members from underrepresented communities comparable to what is mandated by SB 826 and AB 979
• Publish annual budget and financial statement
• Follow civil service rules and public purchasing regulations • Publicly post jobs, pay scales, and public notice of procurements • Disclosure of pay levels for employees and public procurement processes • The PBD is prohibited from financing public advocacy. This includes the financing or endorsing of public candidates and ballot measures. • Contract with the city of Berkeley must be renewed every ten years
5.6 INSTITUTE A 70-30 PROFIT-SHARING MODEL
This report recommends instituting a 70-30 profit-sharing model, in which 70% of total revenues after accounting for maintenance costs are left to the discretionary spending of the PBD for local district improvements. The other 30% should be split two ways: 20% for a capital reinvestment fund administered by the city, and the remainder 10% for emergency reserves. This allocation scheme is informed by substantial research and informational interviews regarding long-term sustainability of PBDs and common financial liabilities for host cities. The 20% capital reinvestment fund allows the city to recuperate costs on critical infrastructure investments, including the lifecycle management of the parking meters. Meanwhile, the 10% emergency fund, as modeled by the city of Pasadena, protects the financial health of the PBD during emergencies such as natural disasters or global pandemics. This is especially critical given metered parking revenues are highly variable.
5.7 EXPLORE ALTERNATIVE FINANCING OPPORTUNITIES
Metered parking fees and the possibility of collecting property assessment fees are not the only two avenues for revenue generation. Some cities such as Austin have successfully secured EPA grant money for their PBDs because of their emission reduction objectives. While the specific grant program they applied to is no longer active, other federal and state funding sources likely exist as potential revenue sources for the city to explore.
Another potential avenue for PBD funding in the future could be paid EV charging stations. EV charging stations on parking spaces seldom charge a user fee for such a service, despite using city utility resources. The city of Berkeley and the proposed PBD could pioneer such a shift as a source of revenue generation for ongoing PBD revenue. While conversations with hypothetical vendors indicate that such a technology is still conceptual, it may be an opportunity worth exploring in the years to come.
5.8 EARN COMMUNITY TRUST THROUGH FREQUENT ENGAGEMENT,
EDUCATION, AND EXPECTATION MANAGEMENT
The City of Berkeley and the proposed PBD leadership should make every effort to earn community trust through frequent educational efforts, stakeholder engagement, and transparent dialogue that manages expectations. The advantage of a PBD, after all, is to provide hyper-local governance opportunities and targeted service
delivery to district stakeholders who understand the on-the-ground needs, so community members must be offered frequent input opportunities to shape the vision of the program. Likewise, many residents and some businesses may not become aware of the formation and objectives of a PBD. Educational efforts should be made to ensure engagement efforts are fruitful.
One particular point stressed by all the case study interviewees is that the city needs to manage stakeholders’ expectations of what a PBD can and can’t do. For example, city staff should clearly outline the difference between initial and long- range ROI projections with the public to avoid misunderstandings about financially feasible projects during the initial years. Such misunderstandings can prove fatal for public opinion and trust in the PBD.
5.9 PROHIBIT DISCRIMINATORY AND EXCLUSIONARY PRACTICES
AND POLICY ADVOCACY
Feedback provided by residents during the Adeline Corridor community engagement sessions signaled that diversity, inclusion, and compassion are treasured values of the Lorin District and greater Adeline Corridor community.
Concerns about discrimination and exclusionary practices of marginalized peoples, especially those who are unsheltered, were especially elevated during talks of a potential BID for the Adeline Corridor. City council, staff members, and future BID board members should take such concerns seriously.
This report recommends the city to deny PBD proposals that include provisions for policy advocacy and policing activity. Such activities not only create legal liabilities if the PBD decides to pursue property assessment fees (Golden Hill Neighborhood Assn. v. City of San Diego, 2011), but often contribute to the exclusion and harassment of unsheltered persons from public spaces. State law allows cities to disestablish BIDs if a “misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district” is to be found (AB944, 1994).
The city should establish expectations within contracts with the PBD’s non-profit entity and restrict inter-agency collaboration with the PBD that would result in discriminatory and exclusionary practices.
5.10 EXPLORE MORE INTUITIVE WAYFINDING STRATEGIES FOR
PARKING
The City of Berkeley has a long-standing reputation as a challenging place to secure parking. This reputation has endured irrelevant of actual parking availability figures and investments in additional parking spaces and garages. While a significant contributor of this is the result of the slow adoption of a demand-responsive parking management program such a goBerkeley program citywide, a confusing wayfinding system for drivers is also a sizeable part of the story. This report recommends the city and proposed PBD to explore wayfinding strategies such as those modeled by Redwood City to assist drivers in locating some of the less obvious available parking spaces. This will more evenly distribute parking occupancy across zones and parking infrastructure and reduce congestion and the emissions resulting from vehicle cruising.
CHAPTER 6: CONCLUSION
A Business Improvement District in the Adeline Corridor has been long-awaited by Lorin businesses and residents alike. Not as long in the making, but still very much desired, the Gilman district could also benefit from a PBD. Considering the economic opportunities and general benefits generated by BIDs in neighboring commercial corridors such as Downtown Berkeley, it is not hard to see why. This report advocates for the PBD variant of a BID as it can fund district projects without financial burden to small businesses and provide parking management to accommodate the neighborhood’s projected growth.
This report would not be complete without restating that a PBD is a relatively recent tool that has been criticized in some pioneering cities for falling short on financial, governance, and equity accountability. Substantial effort has been made to investigate both the causes and potential mitigating solutions documented in the academic literature and case studies. The recommendations in chapter five are therefore shaped by this engagement to provide a blueprint for a PBD that better satisfies the shared values and objectives of the Lorin and Gilman District communities. While a first step, these recommendations are expected to be continually refined with active engagement of community stakeholders over time as each district’s needs adapt and evolve.
ACKNOWLEDGEMENTS
I want to thank Eleanor Hollander and Kieron Slaughter of the Office of Economic Development at the City of Berkeley for their guidance and support during this project. I want to also express appreciation to Christian Hammack (Redwood City), Rick Gallegos and Estelle Bussa (Ventura), Jason Redfern (Austin), and Niki Svara (Pasadena) for their willingness to share valuable insights that shaped the case study chapter of this report. Likewise, I thank Gordon Hansen of the City of Berkeley for sharing extensive background knowledge on parking management in Berkeley.
Lastly, I would like to thank the Department of City and Regional Planning at UC Berkeley and donors from the Passmore Fellowship for their financial support to make this project possible.
APPENDIX
SOURCES
2018 Annual Report. (2019). Redwood City Improvement Association.
Adeline Corridor Specific Plan. (2020). City of Berkeley.
Bartlett, B. (2021). Establish a Parking Benefits District (PBD) in the Adeline Corridor and Fiscal Year 2022 Budget Referral. City of Berkeley.
Becker, C. J. (2012). Democratic accountability and business improvement districts.
Public Performance & Management Review, 36(2), 187–202. https://doi.org/10.2753/PMR1530-9576360201
Briffault, R. (1999). A government for our time? Business improvement districts and urban governance. Columbia Law Review, 99(2), 365.
https://doi.org/10.2307/1123583
Calkins, R. (2018).Administrative Report. City of Ventura.
Cleverciti’s smart parking solutions coming to silicon valley— Cleverciti | smart parking for smart cities. (n.d.). Cleverciti. Retrieved September 8, 2021, from https://www.cleverciti.com/en/resources/blog/cleverciti-launches-modern-parking- guidance-system-to-accelerate-redwood-city-businesses-recovery-from-pandemic Downtown Ventura Mobility & Parking Plan. (2006). Nelson/Nygaard Consulting Associates.
Elmedni, B., Christian, N., & Stone, C. (2018). Business improvement districts (Bids): An economic development policy or a tool for gentrification. Cogent Business & Management, 5(1), 1502241. https://doi.org/10.1080/23311975.2018.1502241 features, K. S. K. S. wrote news, Transportation, C., crime, & Times, was a columnist for the S. section during his tenure at the L. A. (2004, March 2). Old Pasadena thanks
parking meters for the change. Los Angeles Times.
https://www.latimes.com/archives/la-xpm-2004-mar-02-me-wheel2-story.html Johansson, F., Henriksson, G., & Åkerman, J. (2017). Parking Benefit Districts – The transferability of a measure to reduce car dependency to a European context.
Transportation Research Part D: Transport and Environment, 56, 129–140. https://doi.org/10.1016/j.trd.2017.08.004
Management District Plan. (2015). Progressive Urban Management Associates, Inc. and Kristin Lowell, Inc..
Meltzer, R. (2012). Understanding Business Improvement District formation: An analysis of neighborhoods and boundaries. Journal of Urban Economics, 71(1), 66–78. https://doi.org/10.1016/j.jue.2011.08.005
Parking Benefit District: University Area Partners. (2015). Austin Department of Transportation. http://www.austintexas.gov/edims/document.cfm?id=242154 Selbin, J., Campos-Bui, S., Epstein, J., Lim, L., Nacino, S., Stommel, H., & Wilhlem, P. (2018). Homeless exclusion districts: How California business improvement districts use policy advocacy and policing practices to exclude homeless people from public space. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3221446 Shoup, D. (2016). Parking Benefit Districts. The Access Almanac, 49.
Williams-Ridley, D. (2017). Lorin / Adeline Economic Development Plan. City of Berkeley.
Zack, D. (2005). The Downtown Redwood City Parking Management Plan. Community Development Department, Redwood City.
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: Eleanor Hollander, Economic Development Manager Subject: Assessments: Berkeley Tourism Business Improvement District
RECOMMENDATION
Adopt a Resolution approving the Annual Planning Report and preliminary budget for Fiscal Year 2025 (FY25) for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.
FISCAL IMPACTS OF RECOMMENDATION
The BTBID levies an annual assessment of one percent (1%) of gross short-term room rental revenue for lodging establishments. Annual assessment funds will be deposited and expended from the Tourism BID Fund. Based on City of Berkeley proposed budget revenue projections of $8,237,549 in Transient Occupancy Tax (TOT) collections for FY 2025 (shared in April 2024), the BTBID is budgeted to receive $686,462.42 in funding for FY 2025.
Both parties understand that the actual amount may change in the coming months, reflecting the ever-evolving state of the Berkeley economy and local, regional, and national tourism trends. The City retains a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration associated with the Tourism BID. The exact amount of any FY 2024 BTBID fund balance will only be known with certainty in August 2024. This is because the City collects BTBID assessments on a monthly basis along with Transient Occupancy Taxes (TOT). As a result, the finance department will only know the receipts for June 2024 after those assessments are collected at the beginning of July 2024. If revenues come in higher than anticipated, the Office of Economic Development will determine the amount and make a one-time “true up” payment for FY2024 during FY 2025. The appropriation of these additional funds will be included as a one-time “true up” payment with the amount articulated and authorized in the First Amendment to the FY 2025 Annual Appropriations Ordinance (November 2024).
Assessments: Berkeley Tourism Business Improvement District CONSENT CALENDAR June 4, 2024
CURRENT SITUATION AND ITS EFFECTS
The Berkeley Convention and Visitors Bureau, known as Visit Berkeley, has an active contract with the City to implement the Management District Plan for the Tourism Business Improvement District through FY 2027 to support tourism marketing and promotion.
Under the Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et.seq.) the City Council may approve an Annual Planning Report prepared by the Tourism Business Improvement District Owners’ Association with a proposed budget for the next year. Accordingly, at its virtual meeting on April 16, 2024, the BTBID Owners Association voted to approve the Tourism BID’s Annual Planning Report and budget for BTBID’s Fiscal Year 2025. Council can now adopt the recommended resolution which will confirm the Tourism BID assessment and thus enable continuous BID operations for another year.
The Management District Plan was adopted by Council in 2017 as part of the reestablishment of the Tourism Business Improvement District; the plan provides a framework and budget for the Tourism BID’s activities. In FY 2025, the Tourism BID will work with local hotel managers and hospitality industry leaders, the City of Berkeley, and other relevant tourism industry stakeholders to do strategic destination marketing and sales work that drives visitors to Berkeley’s lodging establishments and supports Berkeley’s hospitality industry. Additionally, the Tourism BID will continue to develop digital marketing and promotions utilizing the power of Visit Berkeley’s website and social media strengths to push positive messaging to the visitor, event planning, and meetings industry and continue to develop and manage constructive relationships with local, regional and statewide marketing and hospitality partners to create local overnight room demand and to ensure the organization has the resources and support needed to successfully execute the BTBID mission.
BACKGROUND
The Berkeley Tourism Business Improvement District includes all lodging businesses with five (5) rooms or more, available for public occupancy within the boundaries of the City of Berkeley. The City is responsible for collecting the assessment on a monthly basis from each lodging business with five (5) rooms or more located in the District boundaries. The City forwards the assessments to Visit Berkeley, which has the responsibility of managing District programs as provided in the Management District Plan.
The Berkeley Tourism BID was first established for a period of five years on September 18, 2012 to raise revenues to finance marketing and sales promotions, increase tourism, and promote Berkeley hotels as tourist, meeting, and event destinations. The Berkeley Municipal Code was amended on November 27, 2012 to modify its definition of room rent that so that BTBID assessments passed through to guests are exempt from the Transient Occupancy Tax (TOT) which is also applied to room rent. A portion
Assessments: Berkeley Tourism Business Improvement District CONSENT CALENDAR June 4, 2024
of TOT revenue also funds the Berkeley Convention and Visitors Bureau, but under a separate contract. On April 25, 2017, Council approved Resolution No. 67,926-N.S. reestablishing the Tourism BID starting on July 1, 2017 for an additional 10 years, expiring in 2027. The Tourism BID is authorized through June 30, 2027 unless action is taken to disestablish it. In October of 2019, the City Council authorized the City Manager to execute a contract and any amendments (Contract # 32000101) with Visit Berkeley, not to exceed $7,966,000 of BTBID revenues, to support tourism marketing and promotion for the period through June 30, 2027.
ENVIRONMENTAL SUSTAINABILITY
The BTBID works to promote the Bay Area Green Business certification program with Berkeley’s hotel owners, thereby encouraging the local lodging industry to take actions to meet environmental sustainability objectives.
RATIONALE FOR RECOMMENDATION
The State Property and Business Improvement District Law of 1994 requires that the City Council accept an annual report from the Owners’ Association for each fiscal year in which assessments are to be levied. The report shall include any proposed changes in the boundaries of the district, the activities proposed for the year, and an estimate of the cost for providing them. Council action is required to approve the Tourism BID’s Annual Report. This will, in turn, confirm disbursement of Tourism BID assessment revenue to Visit Berkeley. This private/public partnership generates significant resources for the City, indirectly enhancing sales tax, business license tax, and other business-related City revenue sources such as transit occupancy tax.
ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.
CONTACT PERSON
Elizabeth Redman Cleveland, Office of Economic Development, (510) 981-7532 Attachments:
1: Resolution: Annual Planning Report and Proposed Budget Tourism BID Exhibit A: Annual Planning Report and Proposed FY 2025 Budget of the Berkeley Tourism Business Improvement District
RESOLUTION NO. ##,###-N.S.
APPROVING THE 2024 ANNUAL REPORT AND PROPOSED FY 2025 BUDGET
OF THE BERKELEY TOURISM BUSINESS IMPROVEMENT DISTRICT
WHEREAS, Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et.seq.) authorizes cities to establish business improvement districts for the purpose of imposing assessments on businesses for certain purposes; and WHEREAS, on April 25, 2017, the Berkeley City Council re-established such a district known as the Berkeley Tourism Business Improvement District (the "District"); and WHEREAS, the City Council designated the Berkeley Tourism Business Improvement District Owners’ Association (Owners’ Association) to oversee the activities of the District; and WHEREAS, the Owners’ Association has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for fiscal year (FY) 2025 and a budget for providing them, as required by the California Streets and Highways Code Section 36650; and WHEREAS, the Annual Planning Report is clear and complete and found to comply with the interests of the District assesses; and
WHEREAS, the Annual Planning Report proposes no changes to rates, boundaries or services to the Business Improvement District.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council of the City of Berkeley hereby approves the Berkeley Tourism Business Improvement District Annual Planning Report budget for FY2025 (Exhibit A) as submitted to the City Clerk by the Berkeley Tourism Business Improvement District Owners’ Association.
Exhibit A: Berkeley Tourism Business Improvement District (BTBID) Marketing Plan
FY2025 Annual Planning Report
District Name: This report is for the Berkeley Tourism Business Im provement District
Fiscal Year of Report: This report applies to the FY 2025 (July 1, 2024 – June 30, 202
5) and proposes a budget and plan for FY2025 (July 1, 2024 – June 30, 2025).
Background: The Berkeley TBID is a benefit assessment district creat ed in 2012 by a group of hoteliers to fund marketing and promotional efforts for Berkeley lodging businesses. The first 5-year agreement with the City of Berkeley was from November 1, 2012, through October 31, 2017. On November 18, 2014, the Berkeley City Council approved the transition of the BTBID to a fiscal year contract cycle effective 2015-
16. On April 25, 2017, City Council adopted the renewal of the Berkeley Tourism Business Improvement District for a ten (10) year term to maintain a revenue source devoted to marketing and promoting specific hotel-serving activities, beginning July 1, 2017, throug
h June 30, 2027 (FYs18-27).
Boundaries: The Berkeley TBID includes all hotels with five or more rooms, existing and in the future, available for public occupancy within the boundaries of the City of Berkeley (Appendix II). The boundary is estimated to include approximately 17 hotel businesses (Appendix III).
There are no proposed changes to the boundaries for fiscal year 2025.
Improvements and Activities for
FY2025: This planning report is provided for
informational pur
poses. Actual projects are subject to approval by the BTBID Committee and the Visit Berkeley board. Below are the improvements and activities planned f or fiscal year 2025. The ideas presented below are subject to change during the course of the year depending on circumstances and availability of funds. The estimated budget is $68
6,462.42 (
Appendix I).
Market Summary Report: Comparing FY23 and FY 24 (July-M arch), t he City of Berkeley lodging industry has experienced minimal fluctuation YoY. Hotel occupancy is averaging 68.6% in FY24 compared to 69.3% in FY23. ADR is averaging $178.38 in FY24 compared to $174.53 in FY23. The first 6 months of FY24 started out much slower than FY23, however we see increases in both Occupancy and ADR from January 2024 on. We have seen positive increases in the meeting industry and leisure travel remains steady, while business travel still lags behind. Informational note: City of Berkeley has re
moved 2 motels (52 rooms) from our inventory this fiscal year and 5 properties (230 rooms) over the past two years. Three were for the Home Key program and two have closed for public occupancy.
UC Berkeley has fully reopened, however it has not produced the meetings and conferences as expected. We will continue to build our partnerships and outreach to all departments encouraging utilization of Berkeley hotels and event space as their preferred choice for conferences and visitors. Visit Berkeley will partner with our local Business Improvement Districts (BIDs), the City of Berkeley’s Office of Economic Development (OED) and Chamber of Commerce by supporting their events with social media campaigns targeting Berkeley residents and attracting local and regional visitors to Berkeley.
We anticipate TOT r
evenues to increase, providing there are no additional pandemics or surges. Visit Berkeley will increase our marketing efforts to target Corporate and Association meeting planners, as well as individual Corporate and Leisure travelers. We will also design and implement a strong campaign between Cal Athletics and the Atlantic Coast Conference to attract visiting teams and visitors.
FY 2025 PROPOSED BUDGET ALLOCATION
1) SALES AN D MARKETING (99%)
Sales and Marketing shall be 99% of the assessment that is estimated to be $679
,597.80 for FY25.
1. OVERALL DESTINATION MARKETING STRATEGY
Strategy: Wo rk with Stakeholders, City of Berkeley, and Com munity Leaders to
develop strategies and initiatives to support the hospitality businesses citywide. a. Lodging: develop multiple campaigns to increase occupancy, increase meeting/conference outreach, host familiarization or FAM Trips, and attend Trade Shows.
b. Restaurants/Libations: Continue on the success of Berkeley Restaurant Week and Berkeley Bucks programs. Host Content Creators/Travel Media and walking tours.
c. Arts & Culture Venues: maintain a robust events calendar on VisitBerkeley.com, promote venues on our website and on IKE kiosks.
Partner with Berkeley Cultural Trust and the City of Berkeley’s Civic Arts Program.
d. Merchant Districts: meet regularly with BIDs to support their events through our website and IKE kiosks.
2. DEVELOP INTERNAL MARKETING STRATEGIES
Str
ategy: Develop dig ital marketing and promotions utilizing the power of Visit Berkeley’s website and social media strengths to push positive messaging to the visitor and meetings industry.
a. Website: maintain a robust website that promotes all tourism and meeting related businesses
b. Partner Development: work with tourism marketing partners to create visitor packages and c
ampaigns
c. Outdoor Adventure: promote outdoor activities, such as district shopping, parks, outdoor dining, and special events
d. Digital and In-Person Familiarization Tours (“fam” tours) and Meetings:
Maintain c
ontact with meeting planners and content creators with individual and group meetings, selectively
host in-person fam tours and introduce hotel
promotions and packages.
3. LOCAL, REGIONAL AND STATEWIDE MARKETING OUTREACH
Strategy: Create, develop, and manage positive relationships with local, regional, and statewide marketing and hospitality partners to create overnight room demand and to ensure Visit Berkeley has the resources and support needed to successfully execute the BTBID mission.
a. Local: maintain and build positive relationships with UC Berkeley, Lawrence Berkeley Lab and other local businesses that produce lodging overnight stays and conferences
b. Regional: (9 Bay Area Counties) strategize opportunities to attract leisure and family visitations to patronize Berkeley’s merchant districts, attractions, and outdoor activities
c. Statewide: leverage our ongoing relationships with Visit California and Oakland International Airport to participate in cooperative programs and marketing opportunities to attract Regional and Statewide visitation to Berkeley 2) CITY COLLECTION COSTS (1%)
The City of Berkeley shall be paid a fee equal to 1% of the amount of assessment collected to cover its costs of collection and administration. The estimated costs for fiscal year 2025 are $6,864.62
3) TOTAL ESTIMATE OF COSTS FOR FY2025 (100%)
A breakdown of the total estimated $686,462.42 budget for fiscal y ear 2025 is attached to this
report as Appendix I: Total Estimated Costs and Revenue for the Berkeley Tourism
Business Improvement District (BTBID) Fiscal Year 2025 (July 1, 2024, to June 30, 2025).
Method and Basis of Assessment: The annual assessment rate is one percent (1%) of gross short term (stays less than 30 days) room rental revenue for hotels.
Based on the be
nefit received, assessments will not be collected: on stays of more than thirty
(30) consecutive days; on stays by any officer or employee of government who is ex
empt by express provisions of federal international treaty; or on stays by any customer of a bed and breakfast establishment as defined in Section 23F.94.010 of the B
erkeley Municipal Code, which is located in a residential zoning district, has been in consistent operation as of January 1, 2003, and the continued operation of which is permitted under Chapter 23C.06 of the Berkeley Municipal Code. (See Appendix II: Map of the Berkeley Tourism Business Improvement District (BTBID)).
Amount of Surplus/Deficit from previous Fiscal Year: The BTBID assessment was originally estimated to bring in approximately $686,462.42 in revenues in FY25. As Berkeley TOT has experienced an increase in revenues in FY24, Visit Berkeley does expect a corresponding surplus in revenues from FY24 to be generated (though the final amount will not be known until the first quarter of FY25) and carried forward for use in FY25.
A
mount of Contributions from other sources: There are no plans to apply for funding from other sources.
T
hank you for the opportunity to present our Annual Planning Report. If you have any questions regarding this report, please contact Barbara Hillman, President/CEO of Visit Berkeley at (510) 549-7040 / Cell# (925) 876-4825.
Appendix I: Total Estimated Costs and Revenue for the Berkeley Tourism Business Improvement District (BTBID) Fiscal Year 2025 (July 1, 2024, to June 30, 2025)
Revenues
2024-25 Assessments (FY25) $686,462.42
2023-24 Carryover (FY24) TBD
Total Estimated Revenues $686.462.42
Expenditures
Sales & Marketing $679,597.80
City of Berkeley Collection Costs $ 6,864.62
2023-24 Carryover (estimated, FY24) TBD
Total Estimated Expenditures $686,462.42
Total FY2025 BTBID Budget $686,462.42
Appendix II: Map of the Berkeley Tourism Business Improvement District (BTBID) N
ote: The BTBID will include all hotels with five or more rooms, existing and in the future, available for public occupancy within the boundaries of the City of Berkeley.
The boundary currently includes 17 hotels. Please see the map below.
Source: Berkeley Tourism Business Improvement District Management Plan (2017).
Appendix III – Assessed Businesses
Business Name Address City, State ZIP
Bancroft Hotel 2680 Bancroft Way Berkeley, CA 94704
Berkeley City Club 2315 Durant Ave. Berkeley, CA 94704
Sather Berkeley, Best Western 1820 University Ave. Berkeley, CA 94703 Doubletree Berkeley Marina 200 Marina Blvd. Berkeley, CA 94710 Downtown Berkeley Inn 2001 Bancroft Way Berkeley, CA 94704 Holiday Inn Express 1175 University Ave. Berkeley, CA 94702 Graduate Berkeley 2600 Durant Ave. Berkeley, CA 94704
Hotel Shattuck Plaza 2086 Allston Way Berkeley, CA 94704 Howard Johnson 1512 University Ave. Berkeley, CA 94702
La Quinta University Inn 920 University Ave. Berkeley, CA 94710 Marina Lodge 975 University Ave. Berkeley, CA 94710
Nash Hotel 2045 University Ave. Berkeley, CA 94704
Aiden Best Western 1499 University Ave Berkeley, CA 94702 Urban Adamah 1151 Sixth St. Berkeley, CA 94710
Sens Hotel & Bistro 1540 Shattuck Ave Berkeley, CA 94709 YMCA 2001 Alston Way Berkeley, CA 94704
Residence Inn by Marriott 2121 Center St. Berkeley, CA 94704
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: Eleanor Hollander, Economic Development Manager Subject: Assessments: North Shattuck Property Based Business Improvement District
RECOMMENDATION
Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2025.
FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the North Shattuck Business Improvement District (NSBID) support a package of improvements and activities approved by the property owners and the City Council when the District was renewed for a ten-year period on June 16, 2020 (Resolution No. 69,454–N.S.). Assessment funds are collected by Alameda County, relayed to the City of Berkeley, and disbursed through a contract with the North Shattuck Association (NSA), a private owners’ association that was established to implement the NSBID’s Management District Plan.
In June of 2020, the City Council authorized the City Manager to execute a contract and any amendments with the North Shattuck Association, not to exceed $2,652,778 of BID revenues, to implement the North Shattuck Management District Plan for the period July 1, 2020 to June 30, 2031 (Contract No. 32100055). The contract covers the years remaining in the current term of the NSBID establishment.
NSBID assessments are projected and budgeted at approximately $228,135 in FY 2025. Assessment funds are deposited into NSBID Fund 785-21-208-251-0000-000- 000-412110 and expended from fund 785-21-208-251-0000-000-446-636110. The NSBID’s adopted Management District plan allows for an annual 5% assessment increase for inflation, and the majority of the North Shattuck Association’s Board of Directors met on April 18, 2024 and determined a five percent (5%) increase was warranted in FY25. Project funds not spent in any given fiscal year are carried over into future years.
By financing improvements, maintenance and marketing activities for the North Shattuck business district, the NSBID indirectly enhances sales tax, business license
07
Assessments: North Shattuck Property Based Business Improvement District CONSENT CALENDAR June 4, 2024
tax and other business-related City revenue sources. No City properties have been or will be assessed in the NSBID.
CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based BIDs (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.
The Board of Directors of the NSA met in a publicly noticed meeting on April 18, 2024 to review and approve the attached Annual Report for the NSBID for FY 2024 (Exhibit A).
The report includes a budget for improvements and activities for FY 2025 and an estimated cost for providing them. The report also recommends that the assessments for FY 2025 be levied on the same basis and method, and within the same boundaries, as they were levied for FY 2024 with the allowable annual 5% fee increase. See Exhibit B: North Shattuck BID FY25 Assessment Roll. Council can adopt the recommended resolution which will confirm the NSBID assessment, thus enabling continuous BID operations in the North Shattuck district for another year.
BACKGROUND
The NSBID was first established by Resolution of the Berkeley City Council in 2001 (Resolution No. 61,168-N.S.) to implement a Management District Plan that had been developed by a steering committee of merchants and property owners. In accordance with the Management District Plan adopted in Resolution No. 61,168-N.S., the NSBID had a lifetime of ten years, expiring in 2011. On May 3, 2011, Council approved Resolution No. 65,265-N.S. reestablishing the NSBID for 10 more years, ending in Fiscal Year 2021. Further, on June 16, 2020, Council approved Resolution No. 69,454– N.S. reestablishing the NSBID for an additional 10 years (starting in FY21). Thus, the NSBID is authorized through FY 2031 unless action is taken to dis-establish it.
The NSBID finances special improvement, maintenance and marketing activities that benefit commercial properties and businesses in the North Shattuck District.
NSBID activities are performed above and beyond baseline services provided by the City. The Management District Plan for the North Shattuck BID that was adopted by Council in 2020 as part of the reestablishment of the District and provides a framework for the NSBID’s activities.
In FY 2025, the NSBID will continue its ongoing services including District maintenance, public improvements, holiday lighting, and marketing/promotional activities. The NSBID will continue to provide cleaning and outreach services in the public right of way. Events and activities promoting the District will continue throughout the year, including winter holiday promotions and safe group outdoor commerce installations. Regular arts and events newsletters will be shared, and ongoing marketing efforts will continue via the North Shattuck Association (NSA) website and other social media. The NSBID will also continue to liaise and
Assessments: North Shattuck Property Based Business Improvement District CONSENT CALENDAR June 4, 2024
coordinate with other business district organizations, Visit Berkeley, the Chamber of Commerce, and the Berkeley Business District Network (BBDN) to promote local business and economic development opportunities in Berkeley.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the District, the NSA creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The District is walking distance from the North Berkeley and Downtown Berkeley BART Stations. Several AC transit lines provide easy accessibility to visitors coming to this popular regional destination. Because the District is well served by public transportation and biking infrastructure, these services support environmental sustainability goals of encouraging alternative transportation choices and reducing vehicle miles traveled.
RATIONALE FOR RECOMMENDATION
Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be levied. Council action is required to approve the BID’s Annual Report, and declare its intent to levy assessments. This private/public partnership generates significant resources for revitalization of the North Shattuck District has a positive effect on the physical and economic health of the City of Berkeley.
ALTERNATIVE ACTIONS CONSIDERED
The Board of the NSBID considered opting for less than the allowable 5% increase in assessment rates but instead decided increase in the assessment rate, to keep up with the pace of inflation.
CONTACT PERSON
Vincent McCoy, Office of Economic Development, (510) 981-7043 Attachments:
1: Resolution: Confirm Annual Report and Levy Annual Assessment Exhibit A: NSBID Report for FY 2024 and Proposed Budget for FY 2025 Exhibit B: North Shattuck BID FY 2025 Assessment Roll
RESOLUTION NO. ##,###-N.S.
APPROVING THE ANNUAL REPORT OF THE NORTH SHATTUCK BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024 AND DECLARING INTENT TO LEVY ASSESSMENTS FOR FISCAL YEAR 2025.
WHEREAS, the Property and Business Improvement District Law of 1994 as amended (California Streets and Highways Code Section 36600 et. seq.) authorizes cities, with the consent of property owners, to fund property-related improvements, maintenance and activities through the levy of assessments upon the real property that benefit from the improvements, maintenance and activities; and
WHEREAS, after ten years of successful operation, on June 16, 2020 the Berkeley City Council reestablished the North Shattuck Business Improvement District (hereafter, “the District”) for an additional ten-year period by Resolution No. 69,454-N.S.; and WHEREAS, on April 18, 2024 the Board of Directors of the North Shattuck BID adopted the Annual Report to the City of Berkeley FY 2024 (hereafter “Annual Report”) that describes the operations of the District in FY 2024, recommends services for FY 2025 and proposes a budget for FY 2025 (Exhibit A).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report of the North Shattuck Association (Exhibit A) and declares its intent to levy special assessments on property within the boundaries of the District for FY 2025.
BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Management District Plan (Plan) that was adopted on June 16, 2020, when Council renewed the North Shattuck BID through Resolution No. 69,454-N.S.
BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Plan and the Annual Report.
BE IT FURTHER RESOLVED that the cost of providing the improvements and activities is as described in the budget that accompanies the Annual Report.
BE IT FURTHER RESOLVED that the Assessment Rate for FY 2025 shall increase 5% from the rates established in FY 2024 (an increase of 5% is allowed annually by the District Management Plan). Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY 2025 and confirm disbursement of NSBID assessment revenue to the North Shattuck Association provided for in Contract No.32100055, authorized in Resolution No. 69,455–N.S. (2020).
Exhibit:
A: North Shattuck Annual Report for FY 2024 and Proposed Budget for FY 2025 B: NSBID Assessment Roll FY 2025
NO
RTH SHATTUCK ASSOCIATION
ANNUAL REPORT TO THE CITY OF BERKELEY
FISCAL YEAR 2024
I
ntroduction
The North Shattuck Business Improvement District (NSBID) was reestablished for a new 10-year period by the Berkeley City Council on June 16, 2020 (Resolution No. 69,454-N.S.) under provisions of the State of California Property and Business Improvement District Law of 1994. The NSBID was formed in 2001, renewed in 2011 and again in 2020 to implement a Management District Plan developed and revised in 2020 to address the specific needs of the District and which sets forth the projected activities of the NSBID and the allocation of BID assessment revenues to each activity.
The r
enewed North Shattuck BID consists of 54 parcels (owned by 52 property owners) along Shattuck bet ween
Rose and Delaware, and also one block of Vine east of Shattuck Ave. The assessments fund special benefits within the District, enhancing the North Shattuck area’s streetscape environment with infrastructure improvements, ongoing maintenance, and special events to new customers and visitors, increase business sales, and attract and retain businesses.
T
he NSBID is managed by the non-profit North Shattuck Association (NSA), whose Board of district business and property owners and Executive Director coordinate implementation of the Management Plan. The Property and Business Improvement District Law of 1994 requires that the owners’ association that is responsible for administering a BID prepare an annual report for each fiscal year for which assessments are to be levied.
This report reviews Fiscal Year 2024 operations, and states goals and objectives for Fiscal Year 2025 of the NSBID, which begins July 1, 2024 and ends June 30, 2025. This report includes the improvements and activities for the year, an estimate of the cost of the improvements and activities, the amount of any surplus or deficit revenues are to be carried over from the previous fiscal year and the amount of any contributions from other sources are named in the annual report and budget. There are no proposed changes in the boundaries of the district, however there is a proposed 5% increase in the assessment basis.
FY
2024 Annual Report and FY25 Budget
Summary of FY24
The budget for Fiscal Year 2024 inc
luded BID assessments which resulted in new revenue of $202,641.50, carryforwards of $0 from FY 2023, which resulted in a FY 2024 budget of $202,641.50. The following table shows the Budget Allocations by category and percentages as well as the estimated expenditures to the end of the fiscal year on June 30, 2024. Total expenditures for the year are estimated to be $182,376 with any remaining funds to carry forward in each category to FY 2025.
N
orth Shattuck Association Annual Report for the North Shattuck BID
NORTH SHATTUCK
ASSOCIATION
Service/Expense Category
Allowable
% of
Annual
Budget
Carry
Forward
from
Fiscal
Year 2023
(Actual)
Fiscal Year
2024
Assessment
Revenue
Fiscal Year
2024
Expenditures
(Estimated to
6/30/24)
Maintenance/Civil Sidewalks 40% $0 $81,056 $72,950
District Identity & Placemaking 25% $0 $50,660 $45,594
Administration/Management 30% $0 $60,792 $54,712
Contingency 5% $0 $10,132 $ 0
Total Budget 100% $0 $202,641 $182,376
Accomplishments
During Fiscal Year 2024, the North Shattuck Association continued implementation of the activities and services outlined in the Management District Plan under a renewed annual contract between the City of Berkeley and the North Shattuck Association (NSA). Activities of the district are organized into Administration/ Program Management, District Identity and Placemaking, and Maintenance/Civil Sidewalks. Accomplishments in each area are summarized below.
A
dministration/Program Management
▪ The Executive Director held regular meetings of the Board of Directors and General Association meetings available to merchants, property owners, City staff and elected officials, held in person when possible and via Zoom regularly during the year to further the goals and objectives of the Association, focusing on business assistance, resumption of special events, and addressing safety and maintenance concerns in the district.
▪ T
he Association coordinated meetings of merchants, property owners, BPD, and the City’s Homeless outreach and mental health teams to deal with safety and security issues at various locations.
▪ T
he Association Board voted to reallocate funds to extend the pilot Safety Ambassador Program for the district for an additional 6 months in the contract with Peralta Service Corporation to provide on-street hospitality and coordination on city maintenance and safety issues.
▪ The Association worked with the Berkeley Business District Network (BBDN) to addr
ess and provide input on citywide issues.
▪ T he Executive Director assisted businesses to plan and upgrade outdoor commerce areas in anticipation of new City of Berkeley terms of use beginning in May of 2024 through the City’s Pathways to Permanence program. The Association assisted Victory Point Café to address the challenges of the new fee structure and continued to coordinate the City’s Outdoor Commerce Grant program which provides grants to businesses citywide to build parklets.
▪ T
he Association coordinated with the Berkeley Chamber and Visit Berkeley on citywide events and marketing programs including Restaurant Week, the Berkeley
N
orth Shattuck Association Annual Report for the North Shattuck BID Holidays campaign, the Berkeley Bucks program, and the City’s “Discovered in Berkeley” series.
▪ The Executive Director worked with the Ecology Center on the Farmers Market Thursday operations, vendors, and marketing, and attended Community Advisory meetings to plan for more music and activities in the market area, including reviving the weekly series of “Thirsty Thursday” events during the fall of 2023, and a Food Waste Cooking demonstration series at the market in August and October 2023. ▪ T
he Association maintained an inventory of all businesses and vacant retail and office space in the district and provided updates to the City’s Economic Development office. This year, the Walnut Tavern opened in Walnut Square and Farmhouse Kitchen restaurant opened at Cedar and Shattuck. Three new businesses opened in the rehabbed storefronts BMO in the former Bank of the West location. A 7-story mixed use development is now designed and permitted with initial groundwork underway at the former Shell gas station at Francisco St. and Shattuck, and Epicurious Garden welcomed Eggys. iScream and Poulet closed in the district this year. The Poulet property has plans for a mixed-use development.
▪ T
he Association spoke with Cushman Wakefield now representing the listing for the Bank of America site and parking lot regarding the attraction of the highest and best use. The NSA is working with the City of Berkeley to determine what zoning accommodations can be made.
▪ The E
xecutive Director assisted with city health, noise and street event permits and coordination for Saul’s annual latke party, ACCI Gallery’s Spring and Holiday Art Fair, the return of the Vine Street Block Party.
Civil Sidewalks/Maintenance
▪ T
he Association continued funding for cleaning and regular maintenance for sidewalks, public spaces, and public property including sidewalk and gutter sweeping, weeding of tree wells, graffiti abatement and maintenance of the newly replanted landscaped ceramic planters throughout the district. ▪ The Executive Director coordinated with the City of Berkeley and Berkeley Police Department to address maintenance issues including street tree replacements, and sidewalk steam cleaning and repair, trash receptacle maintenance, etc. as well as street behavior and vandalism, trespassing and illegal dumping issues on private property and sleeping during the day in the public right of way. Merchants were informed of available services and appropriate numbers for reporting incidents and requesting assistance for mental health issues. ▪ I
n response to ongoing issues, the Association Board voted to extend the Safety Ambassador Program for the district with Peralta Service Corporation through June of 2024, to provide a welcoming presence for tenants, visitors, shoppers, and employees, to be additional "Eyes and Ears" for local community and law enforcement and develop and maintain active relationships with City Officials, Beat Officers, Fire Department and Public Works Department to assist in the intervention and prevention of crime.
N
orth Shattuck Association Annual Report for the North Shattuck BID ▪ The Association installed the annual holiday lighting for the entire length of the district for the winter holiday season in the sidewalk street trees as well as in median tree locations with electricity access. The lighting provides ambience as well as security and pedestrian lighting in the darker winter evenings.
Di
strict Identity/Placemaking
▪ District marketing includes the monthly Constant Contact e-news letter with updates
on business operations and hours, specials, events, and classes, regular social media posts and boosts for businesses and special events, and print and digital ads on local media and in the Berkeley Visitors Guide to promote the district. The Association website has been updated to reflect current businesses in the online directory and links to ongoing in-person and hybrid classes and events, including the reinvigorating the weekly North Berkeley Food Tour and Farmers’ Market, monthly art openings, wine tasting, and cooking, yoga and barre classes. ▪ The Association coordinated with the Chamber, Visit Berkeley and the City on the Berkeley Holidays, Berkeley Bucks, Restaurant Week, and Discovered in Berkeley campaigns, promoting business participation and the programs and offerings through our social media outlets, and the participated in Shop Local social media campaigns through AMIBA promoting support for small independently-owned businesses.
▪ In 2023 the Vine Street Block Party was reestablished as a recurring event. The Vine Street Block Party was held on July 30. The event included vendors from North Shattuck area shops and artisan vendors.
▪ The Executive Director worked with the Ecology Center to organize and present a weekly series of “Thirsty Thursdays” events in October and November 2023 at the North Berkeley Farmers Market with live music from the Berkeley High Jazz Band and other local acts, sustainable beer and wine, an Ecology Center pop-up shop and program booths, kid’s art projects and an Association marketing table with business information and giveaways.
▪ The Association funded a Halloween Trick-or-Treat event involving approximately 20 participating businesses and farmers’ market vendors, live music, and kids’ arts, crafts, and games.
▪ The Holidays were celebrated with festive events held throughout December: The Annual Saul’s Latke Party on Dec 9th, the ACCI Holiday Art Fair on Dec. 9, makers market at the Farmers’ Market Nov. 30, Dec. 7, and Dec 14. The events were complimented by a North Shattuck Holiday Shopping Guide spotlighting businesses throughout the district and reinforcing the buy Berkeley mantra.
Budget -
Fiscal Year 2025
Work Plan
The North Shattuck Association will continue implementation of the activities initiated in previous fiscal years and in accordance with the Management District Plan. Funds not expended in the previous year will be carried forward in addition to estimated Fiscal Year 2025 revenues. The work of the Association will continue to be guided by the Board of Directors and
N
orth Shattuck Association Annual Report for the North Shattuck BID its committees. The goals and objectives for Fiscal Year 2025 are organized as outlined in the Management District Plan adopted in 2020.
A
dministration/Program Management
Goals: General oversight and direction of district activities; development of relations and coordination with outside groups and agencies, coordination of projects and programs, management of sponsorships and volunteers.
O
bjectives:
1) Oversee development of annual District work plan and detailed budgets, financial records and annual tax returns.
2) Conduct property owner outreach, property owner and business input to the Management Plan and various programs and activities.
3) Attend needed City of Berkeley Council and Commission meetings and prepare all required reports related to the annual City of Berkeley contract with the Association. 4) Prepare correspondence, letters of support, and grant applications with the City of Berkeley and other agencies.
5) Coordinate Board elections in July 2024 including nominations and property owner balloting.
6) Maintain working relationships with property owners, merchants, City of Berkeley, Chamber of Commerce, Visit Berkeley, and elected officials. 7) C
ontinue to participate in the Berkeley Business District Network (BBDN) to review and evaluate proposed City policy changes, public improvement projects, planning changes and zoning amendments relevant to the commercial district. Coordinate with district businesses and property owners to develop appropriate responses and present to City Council and Commissions.
8) I
dentify and act on any business education/assistance needs for business retention and inform businesses and property owners on how to access all available business support financial and technical services.
9) D
evelop and distribute regular e- mail newsletter updates to business and property owners with service accomplishments, event information, issue updates, and new business contacts.
10) Maintain inventory and lease information for vacant retail and office space in the district, current information for zoning regulations/amendments, and liaison with City and commercial brokers to attract and assist new businesses. 11) Prepare funding applications for public art and events through the City and State grant programs and administer projects and reporting. 12) Coordinate the City’s Outdoor Commerce Grant Program and assist businesses with creating outdoor areas, upgrading structures and extending permits beyond the pandemic.
13) Continue to work on parking issues in the district with the GoBerkeley Parking Program and investigate of improved usage of existing private parking resources for paid employee parking.
14) Work with the Berkeley Public Education Foundation, local schools and the
N
orth Shattuck Association Annual Report for the North Shattuck BID Berkeley Business District Network to strategize on additional fundraising events to provide additional funding for classroom grants, for theater, science, art and gardening programs.
District Identity & Placemaking
Goals: Create a unified, quality image for the district and implement promotion strategies that capitalize on the unique aspects of the area, including advertising, social media, brochures, special events, holiday promotions etc. Strengthen the physical environment and sense of place with public art, landscaping improvements and parklets, and other initiatives as developed.
Objectives:
1) Oversee implementation of the marketing and promotions strategy including designer/consultant selections, design processes, budgeting, and advertising placements.
2) Manage and promote the special events calendar and institute new events to further the image and various market segments of the district, including apparel, culinary, artisan production, and arts.
3) Integrate existing businesses into special events and marketing campaigns through various means, including sponsorship, participation, promotional tie- ins, etc.
4) Coordinate public relations for the district and special events as needed.
Generate press releases and promote editorial pieces on commercial and retail developments in the area.
5) Continue regular updates of the district website with business information and upcoming classes, special events, etc., produce a monthly Constant Contact e- newsletter, and maintain regular Facebook and other social media entries promoting business activities and press coverage.
6) Promote events at nearby venues such as Live Oak Park, the Jewish Community Center, Berkeley Arts Center, Theatre First and the Hillside Club. Work with producers to tie in district businesses through advertising and promotions. 7) Work with the City and Ecology Center on issues related to the Farmers Market operations and marketing. Assist on the coordination of Thirsty Thursday events during the summer of 2024 (FY25), and other special events and business tie- ins to the market.
8) Assist businesses to produce smaller street events including ACCI Gallery’s Seconds Sale and Art Market, Saul’s Latke Party, Vine St. block parties with Vintage Berkeley, etc. and to involve other businesses as partners and participants. 9) O
versee installation of annual winter holiday street tree lighting throughout the district.
10) Organize a Winter holiday marketing plan and events calendar with holiday themed festivities and promotion of business events.
11) Produce the “Taste of North Berkeley” restaurant walk and wine walk to highlight neighborhood shops and restaurants.
12) Organize Association booths/tables at the weekly Farmers’ Market and other fairs
N
orth Shattuck Association Annual Report for the North Shattuck BID and festivals with activities to promote the district and gain newsletter and social media subscribers.
13) Investigate grant funding opportunities and provide coordination between area businesses and property owners, City Departments, and outside agencies towards implementation of district- initiated projects and programs towards median improvement, pedestrian safety, improved bike facilities, and parking. 14) Investigate design and finding possibilities for a median landscaping improvement project to coincide with the Shattuck Ave. roadway repair project, including possible City funding and a UC Berkeley design class and Chancellor’s Grant application/award.
15) Investigate opportunities for public art projects with ACCI Gallery, local artists, and local schools, including rotating storefront exhibits, art projects, temporary mural projects, Street pole banners, etc.
Maintenance and Civil Sidewalks
Goals: Address issues related to cleaning and maintenance of the district; design and implement landscaping and other streetscape beautification improvements; provide input on development projects.
Objectives:
1) Provide ongoing area maintenance monitoring, needs assessment, and coordination with appropriate city departments on projects including street tree replacements, curb repairs, median landscaping, trash receptacle cleaning, sidewalk repairs, bicycle facilities etc.
2) Oversee service contract with Peralta Service Corporation for regular sidewalk cleaning and landscaping including sidewalk planters and tree well maintenance and special projects as needed.
3) Manage the work of the district’s Safety Ambassadors to provide hospitality functions, connect with maintenance staff and area businesses, and address security and safety issues working with the Berkeley Police Department and Mental Health Teams.
4) Organize meetings of district businesses, property owners, Ambassadors, current BPD patrol officers and the City’s Mental Health team to identify and respond to street behavior issues, trespassing and illegal dumping issues, vandalism, and blocking of the public right of way.
5) Coordinate work of the City-funded Streets Team to assist with area clean-up for the district’s allotment of one afternoon per week and arrange for gift cards or other compensation for team members.
6) Work with property owners and appropriate city departments to address signage conditions and the appearance of empty storefronts and vacant properties in the district.
7) Work with appropriate City departments, business and property owners, and designers to assist businesses to create and upgrade Outdoor Commerce areas in the district.
N
orth Shattuck Association Annual Report for the North Shattuck BID FY 2025 Budget
The North Shattuck Association approved a 5% increase to assessments for BI D collections for Fiscal Year 2025.
Assessments are projected to be $228,134, including the 5% annual increase in assessments from Fiscal Year 2024. Services and expenditures will be made in accordance with the Management District Plan categories as follows:
NORH SHATTUCK ASSOCIATION
Service/Expense Category under
the Management District Plan
(2020)
% of
Annual
Budget
Estimated
Carryforward
from 2024 Fiscal
Year
Fiscal Year 2025
Projected
New
Revenues
Maintenance & Civil Sidewalks 40% $72,950 $91,254
District Identity & Placemaking 25% $45,594 $57,034
Administration/Program
Management
30% $54,712 $68,440
Contingency 5% $0 $11,407
Total Estimated Budget 100% $182,376 $228,134
T
he above budget is based upon the maximum amount of BID assessment revenues that coul
d be collected in the District. Actual BID revenues may be lower if some assessments are not paid within the Fiscal Year. No changes to the boundaries of the district and the method and basis for levying the BID assessments were taken this year.
A
listing of Fiscal Year 2025 a
ssessments is attached separately as Exhibit B.
A
pproved by:
Approved by the Board of Directors
Kirk McCarthy, President,
North Shattuck Association
On
April 18, 2024
P
repared by: Daniel Swafford, Executive Director, North Shattuck Association
Exhibit B: North Shattuck BID FY 2025 Assessment Roll Page 1 North Shattuck Business Improvement District
FY 2025 Assessment Roll
APN Owner Name Site Address Private Parcels Public / Exempt Utilities 058 -2173-002-03 1600 SHATTUCK ASSOCIATES L P 1600 SHATTUCK AVE #1010 9,701.45$
058 -2173-004-00 IRA SERVICES TRUST 1620 SHATTUCK AVE 1,010.82$
058 -2173-005-00 KIM SAMIL & YOUNGJUNG 1650 SHATTUCK AVE 2,169.72$
058 -2174-001-00 ARTS & CRAFT COOPERATIVE INC 1652 SHATTUCK AVE 1,751.06$
058 -2174-002-00 NEIL JOE R & CAROL L 1654 SHATTUCK AVE 1,332.83$
058 -2174-003-00 SATAKE 1 LLC 1662 SHATTUCK AVE 1,229.84$
058 -2174-004-01 1995 KAM Y LAM & SHUN FMLY LTD PARTNERSHIP 1670 SHATTUCK AVE 1,289.40$
058 -2174-006-02 ERDMAN JOHN C & ANNE M TRS 1690 SHATTUCK AVE 5,445.75$
058 -2175-001-01 SCHWARTZ MICHELL J 1700 SHATTUCK AVE 4,243.70$
058 -2175-003-00 BLUME JAMES B & FRANK KATHRYN W TRS 1708 SHATTUCK AVE 1,605.04$
058 -2175-004-00 ROBINSON SCOTT & CHRISTINA C 1720 SHATTUCK AVE 812.92$
058 -2175-005-00 PIERACKI ANDRZEJ TR 1730 SHATTUCK AVE 1,208.67$
058 -2175-006-00 YI CHONG S 1748 SHATTUCK AVE 1,391.91$
058 -2176-001-01 1752 SHATTUCK LLC 1752 SHATTUCK AVE 2,867.16$
058 -2176-003-01 SHATTUCK INVESTMENT GROUP LLC 2083 DELAWARE 9,974.82$
058 -2177-015-01 GEDR HILLSIDE LLC 1797 SHATTUCK AVE 14,820.86$
058 -2178-018-00 AMERICAN COMMONWEALTH ASSOC. 2109 VIRGINIA ST 6,790.63$
058 -2178-023-00 DELANDA PAUL A & SUSAN K TRS 1619 SHATTUCK AVE 1,492.23$
058 -2178-024-01 SHATTUCK CONNECTIONS LP 1607 SHATTUCK AVE 9,695.94$
058 -2178-026-00 SHATTUCK OFFICE LLC 1625 SHATTUCK AVE 1,746.47$
058 -2178-027-00 SHATTUCK OFFICE LLC 1625 SHATTUCK AVE 2,926.59$
058 -2178-028-00 SHATTUCK OFFICE LLC 1625 SHATTUCK AVE 2,926.59$
059 -2260-001-00 CONNOLLY ALLEN & CHRISTINE 2100 VINE ST 4,090.50$
059 -2260-002-01 WALNUT SQUARE CENTER LP 2110 VINE ST 9,187.35$
059 -2260-015-01 SWEET BOMBAY INC 1549 SHATTUCK AVE 1,441.98$
059 -2260-015-02 MANN MELVIN M TR 1543 SHATTUCK AVE 2,248.20$
059 -2260-016-00 GOODMAN CAROL E TRS ETAL 1537 SHATTUCK AVE 2,486.53$
059 -2260-017-00 GACH MICHAEL R 1533 SHATTUCK AVE 1,852.53$
059 -2260-
018-00 LAM KELVIN S & JACKIE S & GRACE S & ALICE S TRS 1531 SHATTUCK AVE 3,887.50$
059 -2260-019-00 WARD DAWN D CUST FOR MEYER N G & C J & J C & ETAL 1525 SHATTUCK AVE 2,500.73$
059 -2260-020-03 APTE ROBERT Z & EVELYN L FAMILY PARTNERSHIP LP 1519 SHATTUCK AVE 3,192.53$
059 -2260-021-00 PAGNOL ET CIE INC 1517 SHATTUCK AVE 1,234. 45$
059 -2260-022-01 WONG PUI & HOSANNA H 1515 SHATTUCK AVE 1,152.07$
059 -2260-022-02 ELITE PROPERTIES LLC 1511 SHATTUCK AVE 3,537.50$
059 -2261-001-02 RUE ELL ENTERPRISES INC 1451 SHATTUCK AVE 11,871.85$
059 -2261-004-03 JC ARUM LLC 1444 WALNUT ST 2,522.17$
059 -2261-005-00 RUEGG & ELLSWORTH 2113 VINE ST 1,240.86$
059 -2261-006-00 RUEGG & ELLSWORTH 2111 VINE ST 2,198.12$
059 -2261-007-00 RUEGG & ELLSWORTH LLC 1495 SHATTUCK AVE 2,927.14$
059 -2261-008-00 TARVER DEWEY G & CARMEL A TRS 1481 SHATTUCK AVE 1,261.04$
059 -2261-009-00 LATKE ENTERPRISES LLC 1475 SHATTUCK AVE 1,524.76$
059 -2261-010-00 WONG HENRY F TR & WONG PUI T E 1463 SHATTUCK AVE 2,659.49$
059 -2262-001-00 SHATTUCK ROSE L P 1400 SHATTUCK AVE 6,359.97$
059 -2262-005-00 HIRAHARA BRIAN & TAMURA RAYMOND TRS & HIRAHAR ETAL 1480 SHATTUCK AVE 3,317.47$
059 -2262-006-00 RIPSTEEN RYAN TR & ARLINGTON INVESTMENT CO LP 2085 VINE ST 1,471.35$
059 -2262-021-02 SAFEWAY INC 1425 HENRY ST 25,131.13$
059 -2262-021-03 SAFEWAY INC 1425 HENRY ST 1,942.38$
059 -2263-003-01 HEFTER & MURPHY LLC 2044 VINE ST 5,013.66$
059 -2263-006-01 BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSN 1516 SHATTUCK AVE 4,769.50$
059 -2263-009-00 PHO LLC 1540 SHATTUCK AVE 1,816.26$
059 -2263-010-01 BERKELEY BAZAAR PARTNERS 1550 SHATTUCK AVE 19,929.54$
059 -2263-024-01 BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSN 1536 SHATTUCK AVE 2,663.53$
060- 2455-064-01 CALTHORPE PETER & DRISCOLL JEAN TRS 2095 ROSE ST 7,840.98$
060- 2455-067-00 GORDON JOHN K & MITCHELL JANIS L TRS & GORDON ETAL 2091 ROSE ST 2,372.38$
Totals Private Parcels '25 Public / Exempt Utilities Totals Revenues $232,079.87 $0.00 $0.00 $232,079.87
Count of Properties 54 0 0 54
County Collection Fee @ 1.7%: 3,945.36$ Net Assessment Revenue: $228,134.51 Note: Data for APN, Owner and Land Use from the City's Land Management System is current as of April 2, 2024.
FY 2025 Assessment
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.berkeleyca.gov/manager
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: Assessments: Telegraph Property Based Business Improvement District
RECOMMENDATION
Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2025.
SUMMARY
The Telegraph Property Based Business Improvement District (TBID or “the District”) provides cleaning, hospitality and marketing services for Berkeley’s Telegraph Avenue commercial district. In May of 2017 the TBID was geographically expanded and renewed for a ten-year period, authorizing operations through December 31, 2027, and designating the Telegraph Property and Business Management Corporation (TPBMC) as the District’s Owners’ Association. Annually, Council must approve the TBID’s annual report and proposed budget and declare its intention to levy an annual assessment.
The City of Berkeley owns one parcel (the Telegraph Channing Parking Garage at 2431 Channing Way) within the boundaries of the TBID and is required by state law to pay the associated assessments. The assessment payment will be $52,093.48 in FY 2025; in addition, the City will pay the General Benefit portion of the TBID costs, or roughly $29,816. The City already makes an annual grant to TBID, through the Public Commons for Everyone Initiative (PCEI), which exceeds this general benefit amount, so there will be no new fiscal impacts related to funding the general benefit.
FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the Telegraph Property Based Business Improvement District (TBID or “the District”) support a package of improvements and activities approved by the property owners and the City Council when the District was renewed for a ten-year period on May 2, 2017 (Resolution No. 67,940-N.S.). Assessment funds are collected by the Alameda County Assessor’s Office, relayed to the City of Berkeley, and disbursed through a contract with the Telegraph Property and Business Management Corporation (TPBMC), a private owners’ association that was established to implement
08
Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR June 4, 2024
the Management District Plan. TPBMC has an active contract with the City, not to exceed $7,410,024 of BID revenues, to implement the Telegraph Management District Plan for the period January 1, 2018 to December 31, 2027 (Contract No. 10835).
Collections from private parcel assessments (less the county’s collection fee of 1.7%) are projected and budgeted at approximately $616,664 in FY 2025. Collections from tax exempt parcels (owned by the Regents of the University of California and the City of Berkeley) are projected and budgeted at approximately $187,736 in FY 2025. Annual and accrued private parcel assessment funds are deposited into Telegraph BID Fund 784-33-324-342-0000-000-000-412110 and expended from fund 784-21-208-251-0000- 000-446-612990. An annual increase of up to 3% to account for inflation is allowed by the Management District Plan and must be approved by a majority of the TPBMC’s Board of Directors. On April 9, 2024 the TPBMC board met and voted to raise assessments by 3% from the FY24 level due to a variety of factors including the modest increase in previous years. Project funds not spent in any given fiscal year are carried over into future years. TPBMC collects assessments directly from the University of California with no involvement from the City.
Under the provisions of Proposition 218 in the California Constitution, government agencies must pay assessments on properties they own in property-based BIDs, just like private property owners, unless they receive no benefit. Payment is collected from private property owners through property tax bills. Payments are due from non-property tax-paying entities concurrently. The City’s assessment payment in FY 2025 would be $52,093 (increased by $1,517) from the FY2024 assessment of $50,576). The City’s assessment is paid annually directly to the TPBMC through the Off-Street Parking Fund (627-54-622-665-3002-000-474-639990).
The City also pays for the “general benefit” portion of the TBID budget. “General benefits” represent that small portion of the overall benefits generated by a property- based business improvement district which are found to accrue to the general public who are not assessed and do not participate in the economic or social activities of the district. The engineer’s report commissioned for the reestablishment of the TBID in 2017 calculated that the baseline general benefit for the district would be approximately $29,816 annually (adjusted for yearly assessment increases, if any). The City already makes annual grants to the TBID which exceed this amount, so there will be no new fiscal impacts related to funding the general benefit.
By financing improvements, maintenance and welcoming activities for the City’s campus-adjacent business district, the TBID indirectly enhances sales tax, business license tax and other business-related City revenue sources.
CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based business improvement districts (BID) (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget
Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR June 4, 2024
proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.
The Board of Directors of the Telegraph Property and Business Management Corporation (TPBMC), the non-profit that manages the TBID, met in a publicly noticed meeting on April 9, 2024 to review and approve the attached Annual Report for the TBID and Budget for FY 2025 (Exhibit A). The report includes a budget for improvements and activities for FY 2025 and an estimated cost for providing them. The report also recommends that the assessments for FY 2025 be levied on the same basis and method, and within the same boundaries, as they were levied for FY 2024, with a 3% increase (Exhibit B: Telegraph BID FY 2025 Assessment Roll). Council can adopt the recommended Resolution which will confirm the TBID assessment, and thus enable continuous BID operations for another year.
BACKGROUND
The TBID is a benefit assessment district that provides cleaning, hospitality and marketing services for Berkeley’s Telegraph Avenue commercial district. The TBID was created in 1998 pursuant to California’s “Property and Business Improvement District Law of 1994” to provide needed improvements and activities to assessed property owners. Since the initial five-year term, the TBID has been renewed for a second five-year term in 2003, a ten-year term in 2008, and underwent an expansion and ten-year renewal in 2017. As such, the TBID is authorized through 2027 unless action is taken to disestablish it.
In FY 2025, the District has budgeted for approximately $642,385 for the provision of “Clean, Safe, and Beautification” services, communications and economic development, and related management and administration. The FY25 revenue of the TBID is budgeted for approximately $982,135 inclusive of taxable and non-taxable parcels, grants, and private donations, and net of the County 1.7% collection fee on private parcels (Exhibit A).
The Management District Plan that was adopted by Council in 2017 as part of the reestablishment of the District provides a framework and budget for the TBID’s activities, assessment method, and illustrates the TBID boundary and benefit zones.
The Management District Plan provides for services above and beyond those provided by the City of Berkeley. Under “The Right to Vote on Taxes Act” (also known as Proposition 218) all public agencies are required to pay the same assessments for public property that apply to private property. The City owns one property within the district, the Telegraph Channing parking garage at 2431 Channing Way. The FY25 assessment for that property will be $52,093 a $1,517 increase (approximately 3%) from the FY2024 assessment.
In FY 2025, the TBID will continue its ongoing “clean safe and beautification” activities, including ambassador services, graffiti removal, manual sidewalk cleaning and sidewalk pressure washing, hazardous waste cleanup, gutter and storm drain cleaning, street
Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR June 4, 2024
sweeping, litter removal, enhanced landscaping and landscape maintenance, and small infrastructure improvements including place-making activities, seasonal promotions, and other special projects. The TBID will also continue its program of communications and community development activities to provide a unified voice to represent the best interests of the assessed parcels, and fulfill a slate of stakeholder communications that support the District’s agenda to attract visitors. The TBID will also continue to liaison and coordinate with other business district organizations, including Visit Berkeley, the Chamber, Bay Area Organization of Black Owned Businesses and the Berkeley Business District Network members to promote local business and commercial development opportunities in Berkeley.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the district, the TBID creates shopping opportunities for residents and visitors while encouraging alternative forms of transportation. The District is also served by several AC Transit lines, BART, Bear Transit and micro mobility providers which provide access to regional visitors. Because the District is well served by public transportation and biking infrastructure, these services support environmental sustainability goals of encouraging alternative transportation choices.
RATIONALE FOR RECOMMENDATION
The Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be levied. Council action is required to approve the BID’s Annual Report, and declare its intent to levy assessments. This private/public partnership will continue to provide significant resources for Telegraph area revitalization, which has had a positive effect on the physical and economic health of the district.
ALTERNATIVE ACTIONS CONSIDERED
The Board of the TBID considered a range between 1.5% and 3% increase in assessment rates but instead decided to opt for a 3% increase (the maximum allowable is 3%) to its existing assessment rate, in order to make adequate investments in expanded capacity of the Ambassador Program, deliver robust events and increase marketing efforts to promote district businesses.
CONTACT PERSON
Kieron Slaughter, Office of Economic Development, (510) 981-2490 Attachments:
1: Resolution Approving the Annual Report and Levy of Assessments for the Telegraph Property and Business Improvement District
2: Exhibit A: Telegraph Property and Business Improvement District: Annual Report 2024 and Budget FY 2025
3: Exhibit B: Telegraph Property and Business Improvement District FY2025 Assessments
RESOLUTION NO. ##,###-N.S.
APPROVING THE ANNUAL REPORT OF THE TELEGRAPH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024 AND DECLARING INTENT TO LEVY ASSESSMENTS FOR FISCAL YEAR 2025
WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et Seq., hereafter the “Act”) authorizes cities to fund property related improvements, maintenance and activities through the levy of assessments upon the real property that benefits from those assessments; and WHEREAS, after ten years of successful operation, on May 2, 2017 the Berkeley City Council reestablished the Telegraph Business Improvement District (hereafter, “the District”) for an additional ten-year period by Resolution No. 67,940-N.S.; and WHEREAS, on April 9, 2024 the Board of Directors of the Telegraph BID adopted the Annual Report to the City of Berkeley FY 2024 (hereafter “Annual Report”) that describes the operations of the District in FY 2024, recommends services for FY 2025 and proposes a budget for FY 2025 (Exhibit A); and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report (Exhibit A) and declares its intent to levy special assessments on property within the boundaries of the District for FY 2025.
BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Management District Plan that was adopted on May 2, 2017, when Council renewed the Telegraph BID through Resolution No. 67,940-N.S.
BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Management District Plan and the Annual Report.
BE IT FURTHER RESOLVED that the cost of providing the improvements and activities is as described in the budget that accompanies the Annual Report.
BE IT FURTHER RESOLVED that to finance these improvements and activities, the Annual Report and Budget includes a 3% increase to the assessment rate for FY 2025. Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY2025 and confirm disbursement of TBID assessment revenue to the Telegraph Property and Business Management Corporation provided for in Contract No.10835.
Exhibits:
A: TBID Annual Report for FY 2024 and Proposed Budget for FY 2025 B: TBID Assessment Roll FY 2025
E
XHIBIT A
Annual Report of the Telegraph Property and Business Improvement District The Telegraph Property and Business Improvement District (TBID), managed by the Telegraph Property and Business Management Corporation (TPBMC), was renewed for a ten-year period by an affirmative vote of the property owners of the Telegraph commercial district by mail-in ballot in the spring of 2017. This vote was affirmed without protest by the City Council on May 2, 2017. This report is for the fiscal year starting July 1, 2023 and ending June 30, 2024 of this ten-year period (FY24).
I
n accordance with 36650 (b) of the Streets and Highway Code for the State of California, the TPBMC affirms the following:
1. The TPBMC proposes no changes in TBID boundaries for the 2024-25 fiscal year (abbreviated “FY” and known as FY25).
2. The TPBMC will continue to provide the same services as has been outlined in the Management District Plan of September 21, 2016. These services include street and sidewalk cleaning and beautification, marketing and promotions, decoration, and maintenance of a district office.
3. The budget for FY 2024-2025 approved by the TPBMC Board of Directors on April 9, 2024 provides for $948,183 in expenditures and $982,135 in revenues. An estimated $43,557 of net revenue from FY 2024 will carry over to FY 2025.
4. On April 9, 2024, the TPBMC Board of Directors approved a 3% assessment rate increase for FY 2024-25, as allowed in the Management District Plan.
5. In addition to assessments levied on real property, including the City-owned Telegraph Channing Garage, FY 2024 income will be derived from the following sources: (1) an annual contribution from University of California of $139,576; (2) a maintenance contract for the 24/7 public restroom from the City of Berkeley of $100,000 (3) PCEI (Public Commons for Everyone Initiative) grant funds from the City of Berkeley of $49,139; (4) the fiscal sponsorship fee of $1,250 from the Solano Business Improvement District; and (4) anticipated grants and private donations, for special programs.
B
ased on the TBID Strategic Plan that was developed in 2016 and updated in 2018, the TBID has six strategic goals.
1. Improve the pedestrian environment
2. Support businesses, non-profits, and residents within the District
3. Make the District more accessible (bicycling, parking, and transit)
4. Improve the Telegraph brand through marketing, events, and promotions
5. Better serve District stakeholders as a convener and advocate on issues that impact the success of the District
6. Develop and foster a vibrant destination and experience (including nightlife; diversity of programs, venues, and activities)
E
XHIBIT A
Annual Report of the Telegraph Property and Business Improvement District FY 2024 - 2025 Budget of the Telegraph Property and Business Improvement District Revenue
Tax Assessments TBID Members $634,997
Tax Assessments -COB Property $52,093
Tax Assessment - UC Berkeley $139,576
City of Berkeley - Maint. Contract $100,000
City of Berkeley - PCEI Grant $49,139
City of Berkeley Events Contribution $5,000
Solano BID Fiscal Sponsorship $1,250
Interest $80
Total Revenue $982,135
Expenses
Administration $246,668
Maintenance $642,385
Marketing $26,130
Events $33,000
Total Expenses $948,183
T
he TBID board of directors established a Capital Improvements Fund in FY22 with a starting balance of $45,000. The fund is part of the organization’s Clean, Safe & Beautification budget and is used for the purchase, maintenance, and replacement of art and special projects in the public realm. Anticipated projects that will be supported by the fund in FY25 include: decorative wrap for the new 24/7 public restroom, Durant parklet and placemaking improvements, future peace symbol bike rack installations, public art restoration, and sidewalk planter improvements.
FY24 Accomplishments and FY25 Planned Activities
The following is a summary of the activities that the TBID undertook in Fiscal Year 2024 to further their strategic goals, and the planned activities for Fiscal Year 2025:
1. Improve the pedestrian environment
● C
oordinated with Berkeley Public Works to advance the 24/7 public restroom project. The new restroom is being installed on Channing Way near the corner of Telegraph in the Summer of 2024. Developed a maintenance and staffing plan and executed agreements to provide janitorial services for the new restroom. We are commissioning a decorative vinyl wrap for the restroom working with Forrest Kell, the artist who painted the Mars Mural. ● Expanded the annual holiday pole light decorations and year -round banner program.
Decorated six street trees along Telegraph with holiday lights and preparing to double the installation for the 2024 season. Reviewing options for new light pole banners with artis tic local themes and university messaging.
E
XHIBIT A
Annual Report of the Telegraph Property and Business Improvement District ● Partnering with the City of Berkeley Civic Arts program to implement the utility box art project which will bring several new murals to high visibility locations along Telegraph. The project will address a significant source of blight, reduce vandalism, and enhance the sense of place and visual appeal of the public realm.
● Completed substantial restoration of three murals. Working with artists to restore additional artworks and identify new mural opportunities.
● Provided advice and guidance to merchants and property owners navigating quality of life, crime and public safety issues. Continuing to facilitate routine coordination between Telegraph Ambassadors and social and public safety services from the City and University. ● Enhanced merchant and visitor safety with dedicated prevention efforts and active incident response by Telegraph Ambassadors.
2. S
upport businesses, non-profits, and residents within the District ● C
ontinued our partnership with UC Berkeley New Student Services on the New Student Dine-Around for the Fall ’23 and Spring ‘24 Golden Bear Orientation. Over $100,000 of program funds were paid directly to 20 participating restaurants in the district that served 5,400 meals to incoming students.
● Provided individualized social media support/consultation to merchants. Audited social media presence for business accounts, provided tutorials for tips and tricks to boost engagement and created content for several businesses in the district. ● Spotlight on grand openings of new businesses. Highlighted Purple Kow, Panda Express, Insomnia Cookies, Crumbl, and Wingstop. Creating a playbook for future openings. ● Utilized various outdoor casements to advertise events and promotions supporting district businesses including Telegraph Turn Up, Mosaic Boulders climbing competition, Visit Berkeley Restaurant Week highlighting our six participating restaurants, Telegraph Boba Day and Second Sundays.
● Facilitated engagement between community members and the Berkeley Police Department to assist in incident response, problem solving and crime prevention. Hosted a business safety meeting to provide merchants and property managers with security resources and evaluate safety issues.
● Maintained direct lines of communication with merchants and property owners to navigate safety concerns, connect with public services, and respond to concerns on a range of issues from permits, utility/infrastructure projects, maintenance requests, access constraints, and more.
3. M
ake the District more accessible
● W
orked to advance the Telegraph Plaza vision for the Dwight Triangle traffic median.
Engaging with agency partners to complete the feasibility study of redirecting vehicle traffic.
The project seeks to activate the area with the development of a public plaza that will serve as a core attraction in the district.
E
XHIBIT A
Annual Report of the Telegraph Property and Business Improvement District ● Engaged with City and University officials to review the Cal Football Gameday Parking restrictions which negatively impact visitors, businesses, and employees in the District.
Ongoing work is aimed at easing the restrictions to be more equitable and improve accessibility to the area on game days.
● Developing placemaking proposals to elevate the identity of the vibrant restaurant scene and develop public realm improvements on the 2500 block of Durant Ave. We are working to secure the development of a large public parklet that will serve as an anchor for social and entertainment opportunities, and facilitate streetscape enhancements including lighting, planters, and public art.
● Engaged with City and AC Transit staff to refine plans for the Durant Quick Build Transit Lane project. Gathered merchant and property owner input and advocated for a curb management strategy to address major traffic safety and access issues on Durant Ave. We are preparing to support the next steps with implementation in the summer of 2024. ● Invested in expanded bike parking through our Peace Symbol bike rack program. Worked with City staff and developers of new construction projects to identify new bike rack locations.
4. Im
prove the Telegraph brand through marketing, events, and promotions ● P
roduced and organized the Second Sundays event series with an expanded schedule of four dates from June to September. The events featured live music, street performers, outdoor seating areas, and free activities. Partnered with SoSo Market, a Telegraph business, to host a vintage clothing vendor market and provided free vending opportunities for district merchants. Each event drew thousands of visitors and customers shopping for apparel and gifts.
● Partnered with 510 Skateboarding to host their 25th Anniversary Jam in September which drew hundreds of spectators and featured a full-scale skate course. The event attracted prominent participants from the skateboarding community and event sponsorship from Vans.
● Achieved significant growth for the @TelegraphBerkeley Instagram account which serves as a major outreach and promotion platform for the district. This year the account reached 7,000 followers - increasing by 100%. The monthly reach increased by 75% to 36K from 20k+. The platform directed increased engagement and provided major promotional support for a wide range of businesses in the district. ● Implemented a year-round content creation program working with district partners and social media influencers. The program produced a regular stream of original video content that highlighted the district’s businesses, attractions, events, and culture. We are developing new partnerships with events in and around the district to reach new audiences. ● Shined a musical spotlight on Telegraph Avenue restaurants that participated in the annual Visit Berkeley, Restaurant Week. We filmed a trailer and highlight reel showcasing all the participating restaurants, and commissioned a music video with a local artist that greatly increased the district’s visibility and was shared by Visit Berkeley, apartments and hotels in Berkeley, AC Transit, SF Bartable and more.
E
XHIBIT A
Annual Report of the Telegraph Property and Business Improvement District ● Invested in print and online ads in the Visit Berkeley’s Bi-Annual Visitors Guide 2024-26 that is distributed amongst their partners including various hotels and the Oakland airport. ● Organized and sponsored the 4th annual Telegraph Boba Day: a yearly celebration gaining attention throughout the Bay Area. As the self-proclaimed Boba Capital of the Bay, with 15 boba shops in a 3 block radius, we celebrated the 4th Telegraph Boba Day bigger than ever.
The event featured giveaways, photo-ops, collectable custom stickers, and live performances by UC Berkeley’s CAL Band and the Intermission Orchestra. The event reinforces a positive and attractive perception of the district as a destination for families and young people.
● Worked to update and refresh the Telegraph Berkeley website. The website provides useful information to community stakeholders and helps promote the district to attract customers and visitors. We are investing in repairs and upgrades to improve functionality, ensure ADA compliance, and increase the website’s reach and performance.
5. Better serve District stakeholders as a convener and advocate on issues ● F
acilitated stakeholder feedback and organized support for significant upzoning and streamlining proposals in the Southside Zoning Amendments project. Actively advocated in favor of the proposals which were approved by the City Council in late 2023. ● Facilitated district stakeholder engagement in local elections for Mayor and City Council.
Partnered with business organizations to organize a Mayoral Candidate Forum and hosted a candidate forum for the D7 City Council special election. ● Represented the district in the local business community. Maintained active engagement as a member of the Berkeley Alliance of Business Organizations, Berkeley Business Development Network, and routine collaboration with the Downtown Berkeley Association, Berkeley Chamber, and Visit Berkeley.
● Coordinated and advanced advocacy around key local economic development policy initiatives: the Small Business Zoning Amendments project, revision of the Natural Gas Ban ordinance, LRDP settlement funding recommendations, and improved Business Licensing processes.
● Participated in the International Downtown Association 2023 Annual Conference and the 2024 West Coast Urban District Forum. Engaged with other place-management industry professionals on current affairs and topics including: marketing and communications, district branding, public plazas, and nightlife.
● Engaged with developers of new housing and mixed-use projects in the district to provide stakeholder feedback and provide support for moving the projects forward.
T
elegraph Clean & Safe Ambassador Program
T
he single most significant element of the TBID's ongoing work is the ambassador program which is provided through a contract with Block by Block. In keeping with the Management District Plan, the program provides 240 hours per week of cleaning and hospitality services year-round, seven days a week. The program comprises roughly 65% of the TBID’s budget.
E
XHIBIT A
Annual Report of the Telegraph Property and Business Improvement District T
he program also works collaboratively with UC Berkeley’s Homeless Outreach Coordinator and City staff to address the needs of unhoused community members in the District. The Ambassadors are trained in de-escalation and conflict resolution strategies; and respond to help unhoused community members, businesses, students, and local agencies to peacefully navigate conflicts and disruptive behaviors (often the result of substance abuse or a mental health crisis). Finally, the organization facilitates weekly coordination/case management meetings with local service agency staff and law enforcement resulting in a more thoughtful and humane approach to problems involving the unhoused community.
I
n FY23-24 the Ambassador team exceeded cleaning and maintenance service level goals with their routine services shown in the table below. Additional accomplishments include:
● Performed the installation and planting of several new sidewalk planters. Provided regular care and maintenance of dozens of hanging basket planters and sidewalk planters.
● Provided frontline response to mitigate impacts of large public demonstrations: cleared leftover debris,
managed disruptions to waste collection, and moderated community concerns. ● P
artnered with Public Works to repair, replace and relocate dozens of public trash cans greatly improving cleanliness and sidewalk aesthetics.
● Addressed dozens of pedestrian health and safety hazards from major debris, vegetation, and other obstructions.
● Provided swift and routine assistance daily in response to distressed individuals experiencing social and mental health crises. Successfully de-escalated situations and provided direct support through conflict resolution and compassionate care. ● Performed weed abatement and applied mulch to 5+ blocks of tree wells and planting strips on areas of Bowditch, Haste, and Telegraph.
● Refreshed paint on dozens of public fixtures, utility boxes, and light poles. ● Staffed and supported 8 public events and street fairs. 311
Requests
Graffiti
Tags
Removed
Handbills
Removed
Hazardous
Waste
Clean-ups
Power
Washing
Hours
Trashcans
Leveled
Lbs of
Trash
Removed
265 4,776 7,103 2,321 431 2,217 119,164
Exhibit B:
Telegraph Business Improvment Distritct (TBID) FY2025 Assessments
APN OWNER NAME ST REET
NUMBER STREET NAME UNIT
# Tax Exempt Private Parcel
055 188600300 2312 ELLSWORTH LLC 2312 ELLSWORTH ST 997.08$ 055 187800300 2340 TELEGRAPH PROPERTY LLC 2328 TELEGRAPH AVE 11,715.48$ 055 187601200 2369 TELEGRAPH LLC 2369 TE LEGRAPH AVE 1,778.96$ 055 188300500 2414 DANA ST L P 2414 DANA ST 876.74$
055 186801100 2415COLLEGE LLC 2415 C OLLEGE AVE 3,470.54$ 055 187800701 2425 DURANT AVENUE LLC 2425 D URANT AVE 1,761.86$ 055 188101800 2442 HASTE STREET LLC 2442 H ASTE ST 2,132.88$ 055 184600101 2501 BENVENUE LLC 2501 BENVENUE AVE 3,730.48$ 055 187504300 2503 HASTE STREET OWNER LLC 2429 TELEGRAPH AVE 2,968.06$ 055 187504400 2503 HASTE STREET OWNER LLC 2509 HASTE ST 742.02$ 055 187504500 2503 HASTE STREET OWNER LLC 2503 HASTE ST 16,723.08$ 055 187503001 2506 HASTE STREET PARTNERS LLC 2506 HASTE ST 2,030.12$ 055 187701100 2509 DURANT LLC 2347 TE LEGRAPH AVE 4,750.52$ 055 187701400 2522 BANCROFT WAY LLC 2522 B ANCROFT WAY 1,565.96$ 055 187602101 2538 DURANT LP 2538 DURANT AVE 4,261.54$
055 183902000 2539 TELEGRAPH LLC 2539 TE LEGRAPH AVE 14,360.64$ 055 183901901 2565 2589 TELEGRAPH BLAKE LLC 2587 TE LEGRAPH AVE 7,805.18$ 055 183700300 2588 TELEGRAPH AVENUE LLC 2590 TELEGRAPH AVE 3,852.14$ 055 183603100 2616 TELEGRAPH AVENUE LLC 2616 TELEGRAPH AVE 2,705.56$ 055 184600300 2644 BERKELEY LLC 2644 D WIGHT WAY 2,876.48$ 055 183500901 2650 TELEGRAPH LP 2650 TELEGRAPH AVE 1,274.06$ 055 187000800 2701 DURANT LP 2701 DURANT AVE 2,261.80$
055 188600100 820 MACARTHUR LLC 2300 E LLSWORTH ST 1,478.42$ 055 183802300 A & A BERKELEY PARTNERS LLC 2501 DANA ST 2 173.54$ 055 187602200 ALLEN HYE K & KIM JOE TR 2511 CHANNING WAY 2,111.34$ 055 186901100 ALPHA BETA HALL 2345 COLLEGE AVE 1,810.40$ 055 187100103 AMI LLC & 2680 BANCROFT WAY 3,110.96$
055 187100203 AMI LLC & 2310 COLLEGE AVE 1,577.20$
055 187102000 AMI LLC & 2680 BANCROFT WAY 836.82$
055 183503300 ANANTHARAM VENKATACHALAM 2628 TE LEGRAPH AVE 502 145.28$ 055 188200200 ANDREONI THOMAS L & STANTON KAREN J TRS 2440 DANA ST 878.84$ 055 183600802 AVENUE T PROPERTY LLC 2614 TELEGRAPH AVE 865.50$ 055 188303000 AYSOY SUKRAN TR 2406 DANA ST A 176.42$
055 187800200 AYYAD FUAD & MUNA I 2312 TELEGRAPH AVE 3,253.62$ 055 187000900 BALAJI EQUITY MANAGEMENT LLC 2319 COLLEGE AVE 1,598.38$ 055 186801300 BEAR HAVEN LLC 2409 COLLEGE AVE 2,451.06$ 055 188401500 BERKELEY ARCHITECTURAL HERITAGE ASSOCIATION 2318 DURANT AVE 1,594.02$ 055 188500800 BERKELEY CANTERBURY FOUNDATION INC 2334 BANCROFT WAY 1,523.60$ 055 188500201 BERKELEY CITY CLUB 2315 DURANT AVE 1,521.48$ 055 188500202 BERKELEY CITY CLUB 2315 DURANT AVE 9,058.76$ 055 187601302 BERKELEY MULTIFAMILY I PROPERTY OWNER LLC 2500 DURANT AVE 10,963.80$ 055 187701300 BERKELEY MULTIFAMILY I PROPERTY OWNER LLC 2301 TELEGRAPH AVE 12,555.54$ 055 183801300 BERKELEY MULTIFAMILY II PROPERTY OWNER LLC 2410 DWIGHT WAY 1,428.02$ 055 187301400 BERKELEY MULTIFAMILY II PROPERTY OWNER LLC 2605 HASTE ST 3,024.74$ 055 184302603 BERKELEY SCHOOL THEOLOGY 2511 HILLEGASS AVE 6,899.68$ 055 183500700 BERKELEY TELEGRAPH LLC & 2640 TELEGRAPH AVE LLC 2640 TELEGRAPH AVE 1,234.98$ 055 183502100 BOLT DIANNA 2628 TE LEGRAPH AVE 203 145.28$ 055 187001000 BREIT SH BERKELEY LLC 2700 BANCROFT WAY 6,084.16$ 055 184002401 CALIF ANN CONF METH CH 2655 TELEGRAPH AVE 8,657.44$ 055 187900400 CAMOU TELEGRAPH AVENUE PROPERTIES LLC 2386 TELEGRAPH AVE 1,053.34$ 055 183502800 CHEN ZIXIN 2628 TE LEGRAPH AVE 402 145.28$ 055 188303200 CHIEN CHARLES & SHERI I 2406 DANA ST C 176.42$ 055 183802200 CHIN JACKSON & FAYE TRS 2501 DANA ST 1 166.36$ 055 184200500 CHIU EDMUND S & BONNETTE S TRS 2532 DWIGHT WAY 862.92$
Exhibit B:
Telegraph Business Improvment Distritct (TBID) FY2025 Assessments
APN OWNER NAME ST REET
NUMBER STREET NAME UNIT
# Tax Exempt Private Parcel
055 183900400 CHU FAMILY LLC 2517 TELEGRAPH AVE 6,401.90$ 055 183502400 CHUANG PATRICK C & HSIUNG YINGSHENG 2628 TELEGRAPH AVE 303 145.28$ 055 188200100 CHURCH IN BERKELEY 2430 DANA ST $ 2,136.60 055 187900601 CITY OF BERKELEY 2431 CHANNING WAY 52,093.48$ 055 183901502 CLARA&SONIA LLC 2529 TELEGRAPH AVE 2,751.78$ 055 188300100 COLLIER PAMELA & BATTI GREG TRS 2400 DANA ST 742.56$ 055 187700100 CORE BERKELEY BANCROFT LLC 2590 BANCROFT WAY 17,091.54$ 055 188000400 CREATIVE PROPERTY TELEGRAPH LLC 2426 TELEGRAPH AVE 1,046.08$ 055 187900500 DABEL GREGORY J & KAREN L TRS & DABEL JEREMY ETAL 2392 TELEGRAPH AVE 1,202.68$ 055 183802900 DAI GEORGE S. & LUNA Y TRS & DAI CORNELIA 2501 DANA ST 8 207.56$ 055 184005200 DELENGOCKY TAYSON 2615 TE LEGRAPH AVE 404 138.90$ 055 187100300 DELTA DEUTERON BLDG ASN 2647 D URANT AVE 2,219.12$ 055 186701300 DISANO JOSEPH R TR & DISANO JOSEPH R TR 2435 COLLEGE AVE 1,199.48$ 055 184200100 DONG PING 2503 REGENT ST 616.00$
055 184200401 DOTP 2530 LLC 2526 D WIGHT WAY 2,225.14$
055 187800100 DOWNEY HUGH J IV TR & ROUSH VIRGINIA B TR 2310 TELEGRAPH AVE 4,773.92$ 055 187700200 DOYLE ELAINE M TR 2310 BOWDITCH ST 957.02$ 055 183502300 DU LIMING 2628 TELEGRAPH AVE 302 145.28$
055 187700900 DURANT PLACE 2517 DURANT AVE 3,490.74$
055 183801600 DWIGHT BLAKE APARTMENTS 2420 DWIGHT WAY 1,069.94$ 055 184004300 ELA PROPERTIES LLC 2615 TELEGRAPH AVE 302 133.30$ 055 188000501 ENT KENNETH E & GREGORY W TRS 2441 HASTE ST 10,885.64$ 055 188000700 ENT KENNETH E & GREGORY W TRS 2435 HASTE ST 1,051.14$ 055 183503200 EPSTEIN LYNN & BASSEIN SUSAN 2628 T ELEGRAPH AVE 501 145.28$ 055 187101300 ESLAMI AHMAD A 2311 B OWDITCH ST 379.76$
055 183802800 FENG SAMUEL & HUANG HSINYI C TRS 2501 D ANA ST 7 198.20$ 055 184600400 FERGUSON JAMES I & ARLENE M TRS 2646 DWIGHT WAY 1,043.18$ 055 187401200 FIRST CHURCH CHRIST SCIENTIST 2619 DWIGHT WAY 1,918.02$ 055 188001100 FIRST CHURCH FOUNDATION 2423 HASTE ST 641.64$ 055 188400100 FIRST CONG CH OF BERK 2345 CHANNING WAY 4,886.12$ 055 188401600 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2326 DURANT AVE 760.74$ 055 188401700 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2330 DURANT AVE 1,073.24$ 055 188401800 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2334 DURANT AVE 284.26$ 055 188001502 FIRST PRESBYTERIAN CHURCH OF BERKELEY 2407 DANA ST 10,170.38$ 055 183500402 FITZER TIMOTHY A 2636 TE LEGRAPH AVE 1,514.34$ 055 187800400 FORTUNEWORLD INC 2439 DURANT AVE 3,764.14$ 055 187601100 FUENTES TOMAS R TR 2375 TELEGRAPH AVE 7,353.66$ 055 183503000 GAMPEL IRINA & YURY 2628 TE LEGRAPH AVE 404 145.28$ 055 187502500 GEE JEW Y TR 2509 DWIGHT WAY 1,471.84$
055 187502900 GILLMAN SCOTT C TR & GILLMAN LINDA ETAL 2455 TELEGRAPH AVE 3,553.24$ 055 184003200 GIORDANO ARLENE A 2435 CARLETON ST 1,350.84$ 055 183800201 GLENN BUILDING 2430 DWIGHT WAY 12,679.80$ 055 184003800 GOFF EDWARD TR 2615 TELEGRAPH AVE 204 91.58$ 055 183502000 GOLD BONNIE & PAYNE DAVID E TRS 2628 TELEGRAPH AVE 202 145.28$ 055 187701003 GOODHUE NEIL B & DIANE C TRS 2513 DURANT AVE 1,224.20$ 055 187701006 GOODHUE NEIL B & DIANE C TRS 2515-B DURANT AVE 1,894.82$ 055 183900102 GORDON JOHN K & MITCHELL JANIS L TRS & GORDON ETAL 2502 DWIGHT WAY 2,704.96$ 055 183900303 GORDON JOHN K & MITCHELL JANIS L TRS & GORDON ETAL 2508 REGENT ST 1,958.82$ 055 183901601 GORDON JOHN K & MITCHELL JANIS L TRS & GORDON ETAL 2513 TELEGRAPH AVE 2,240.78$ 055 188100200 GORDON JOHN K & MITCHELL JANIS L TRS & RIPSTE ETAL 2470 TELEGRAPH AVE 4,605.40$
Exhibit B:
Telegraph Business Improvment Distritct (TBID) FY2025 Assessments
APN OWNER NAME ST REET
NUMBER STREET NAME UNIT
# Tax Exempt Private Parcel
055 187700600 GROWERS PROPERTIES NO 52 2533 DURANT AVE 4,823.24$ 055 188300200 GUERARD JACQUES H TR 2402 DANA ST 706.00$ 055 184600500 HAKAM ALAEDDIN & FOUDEH SAEED TR 2504 COLLEGE AVE 868.86$ 055 184004100 HAROUN ANSAR M & NASRA TRS 2615 TELEGRAPH AVE 207 126.56$ 055 188200300 HASHEMI HOMAYOUN & GOVASHIRI HOMA TRS 2446 DANA ST 903.24$ 055 183802600 HOANG VY T & LYNH T 2501 D ANA ST 5 214.12$ 055 188300600 HON HENRY D & SYLVIA TRS 2418 DANA ST -$
055 183802400 HONG JAMIE J & JIN ETAL 2501 DANA ST 3 170.48$ 055 184003600 HSIA SAMSON & ALICIA TRS 2615 TELEGRAPH AVE 202 133.30$ 055 184004700 HU HANG L & TYNG J 2615 TELEGRAPH AVE 306 129.72$ 055 184004800 HU TYNG J & HANG L 2615 TELEGRAPH AVE 307 126.56$ 055 183501900 HUANG ISABELLA 2628 TELEGRAPH AVE 201 145.28$ 055 184004200 HUANG LI L 2615 TE LEGRAPH AVE 301 122.02$ 055 187701201 JANGMI LLC 2327 TELEGRAPH AVE 2,352.44$
055 187900100 KICK-AXE PROPERTIES 2350 TELEGRAPH AVE 4,845.08$ 055 184004600 KPARTNERS LLC 2615 TELEGRAPH AVE 305 143.18$ 055 187801900 KUANG DIANA Q ETAL 2456 BANCROFT WAY 2,705.18$ 055 187700500 KURDYS DOUGLAS & SHAWVER LOIS TRS 2539 D URANT AVE 3,022.90$ 055 184003900 KWOK VICTOR Y 2615 TELEGRAPH AVE 205 143.18$ 055 187700700 LANDIS FAMILY LLC 2525 DURANT AVE 5,312.84$ 055 187801000 LANDIS FAMILY LLC 2419 DURANT AVE 2,566.16$ 055 187801200 LANDIS FAMILY LLC 2411 DURANT AVE 1,125.04$ 055 184005300 LEUNG VELIA N 2615 TE LEGRAPH AVE 101 121.96$ 055 184005400 LEUNG VELIA N 2615 TE LEGRAPH AVE 102 87.20$ 055 188401300 LEWIS DEMITRIA M & PAULOS ANDRIANA E TRS 2310 DURANT AVE 1,457.32$ 055 188100500 LI ZHAOYANG & WAN KE 2437 DWIGHT WAY 2,486.56$ 055 184000101 LIEBERT BRUCE E TR & CARLYN M TR 2601 TELEGRAPH AVE 1,384.54$ 055 183502900 LIM ING Y & KANWIT ELIZABETH D TRS 2628 TELEGRAPH AVE 403 145.28$ 055 188100300 LIPPETT PETER E TR 2476 TELEGRAPH AVE 3,779.82$ 055 183801700 LUNDIN JANE TR 2424 DWIGHT WAY 1,017.88$
055 183801800 LUNDIN JANE TR 2428 DWIGHT WAY 1-11 1,037.76$ 055 188303100 MA KENNETH & JANICE L TRS 2406 DANA ST B 176.42$ 055 183800102 MAJIDI SHAHLA TR 2500 TELEGRAPH AVE 5,903.80$ 055 184004500 MAKHIJANI MEENA S 2615 TELEGRAPH AVE 304 91.58$ 055 188600200 MANDELA LLC 2306 ELLSWORTH ST 1,710.26$
055 187701902 MARK AT BERKELEY LLC 2580 BANCROFT WAY 32,531.44$ 055 183802500 MASON ELIZABETH F & JAMES W ETAL 2501 DANA ST 4 172.22$ 055 184005100 MAUS MARLON TR 2615 TELEGRAPH AVE 403 167.58$ 055 183502600
MEYYAPPAN MURUGAPPAN & RAMANATHAN SIVAKAMI
TRS 2628 TELEGRAPH AVE 305 145.28$
055 183801400 MGH MANAGEMENT LLC 2414 DWIGHT WAY 1,029.44$ 055 187502700 MILANO PROPERTIES LTD LLC 2475 TELEGRAPH AVE 1,348.26$ 055 186801400 MIN ROY & EDWARD ETAL 2700 CHANNING WAY 620.56$ 055 187701601 MIOTTEL W J JR TR 2530 BANCROFT WAY 9,463.58$ 055 183802700 MITINA SOFIA TR 2501 DANA ST 6 215.08$
055 186701400 NATEGHIAN FARAMARZ TRUST 2431 C OLLEGE AVE 1,014.48$ 055 184003700 NAVARROCACERES LILIANA 2615 TE LEGRAPH AVE 203 92.10$ 055 184200200 NCR PROPERTIES LLC 2524 DWIGHT WAY -$
055 183802100 P G & E CO 135-1-12-2 2540 TE LEGRAPH AVE 1,704.76$ 055 187802400 PAIGE ROGER & NORMA TRS & HERBERT JOSEPH & CA ETAL 2415 DURANT AVE 268.86$ 055 187802300 PAIGE ROGER & NORMA TRS ETAL 2415 DURANT AVE 271.76$ 055 187802500 PAIGE ROGER & NORMA TRS ETAL 2417 DURANT AVE 180.62$ 055 187802600 PAIGE ROGER & NORMA TRS ETAL 2417 DURANT AVE 180.62$
Exhibit B:
Telegraph Business Improvment Distritct (TBID) FY2025 Assessments
APN OWNER NAME ST REET
NUMBER STREET NAME UNIT
# Tax Exempt Private Parcel
055 187502802 PELLEGRINO PASQUALE TR 2461 TELEGRAPH AVE 2,435.30$ 055 187201100 RAAJ BERKELEY OWNER LLC 2613 CHANNING WAY 815.76$ 055 187201300 RAAJ BERKELEY OWNER LLC 2323 BOWDITCH ST 1,053.34$ 055 187201400 RAAJ BERKELEY OWNER LLC 2600 DURANT AVE 20,096.14$ 055 188500900 RECTORS ETC OF ST MARKS 2300 BANCROFT WAY 1,636.82$ 055 188501000 RECTORS ETC OF ST MARKS 2301 DURANT AVE 6,405.26$ 055 187100600 REGENCY DURANT LLC 2637 DURANT AVE 3,611.34$ 055 183902100 REGENT TERRACE LLC 2593 TELEGRAPH AVE 9,567.16$ 055 186901301 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2333 COLLEGE AVE 2,942.52$ 055 187101901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2630 BANCROFT WAY $ 7,521.20 055 187202101 REGENTS OF THE UNIVERSITY OF CALIFORNIA COLLEGE AVE $ 19,351.64 055 187300101 REGENTS OF THE UNIVERSITY OF CALIFORNIA CHANNING WAY $ 9,408.74 055 187301500 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2411 BOWDITCH ST $ 341.68 055 187301600 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2409 BOWDITCH ST $ 265.58 055 187301700 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2405 BOWDITCH ST $ 267.42 055 187301800 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2550 CHANNING WAY $ 170.38 055 187301900 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2612 CHANNING WAY $ 72.52 055 187402301 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2612 HASTE ST $ 19,463.12 055 187500901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2538 CHANNING WAY $ 14,183.20 055 187504001 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2556 HASTE ST $ 5,313.38 055 187600901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2535 CHANNING WAY $ 7,463.60 055 187902203 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2436 DURANT AVE $ 13,968.22 055 188002103 REGENTS OF THE UNIVERSITY OF CALIFORNIA HASTE ST $ 3,074.36 055 188002104 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2433 HASTE ST $ 418.52 055 188100700 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2427 DWIGHT WAY $ 789.76 055 188101701 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2400 HASTE ST $ 4,599.20 055 188601703 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2200 BANCROFT WAY $ 1,473.32 055 188602501 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2214 BANCROFT WAY $ 4,556.52 055 187803000 REGENTS OF THE UNIVERSITY OF CALIFORNIA STILES HALL 2400 BANCROFT WAY 8,056.90$ 055 187802900 REGENTS OF THE UNIVERSITY OF CALIFORNIA STILES HALL 2400 BANCROFT WAY 1,386.98$ 055 187801800 REGENTS UNIVERSITY CALIFORNIA 2436 BANCROFT WAY $ 10,553.90 055 186701200 ROMAN CATHOLIC WELFARE CORPORATION OF OAKLAND DWIGHT WAY $ 1,185.00 055 187201200 ROYSTON APARTMENTS LP 2601 CHANNING WAY 3,401.78$ 055 187500600 RUE ELL ENTERPRISES INC 2411 TELEGRAPH AVE 2,036.44$ 055 187601600 RUE ELL ENTERPRISES INC 2520 DURANT AVE 3,783.34$ 055 187700800 RUE ELL ENTERPRISES INC 2519 DURANT AVE 4,612.66$ 055 187800501 RUE ELL ENTERPRISES INC 2433 DURANT AVE 8,638.94$ 055 187802200 RUE ELL ENTERPRISES INC 2480 BANCROFT WAY 2,902.52$ 055 187900300 RUE ELL ENTERPRISES INC 2380 TELEGRAPH AVE 1,053.34$ 055 183802000 RUEELL ENTERPRISES INC 2434 DWIGHT WAY 1,514.46$ 055 187601901 RUEELL ENTERPRISES INC 2534 DURANT AVE 4,535.18$ 055 187802100 RUEELL ENTERPRISES INC 2470 BANCROFT WAY 4,535.38$ 055 187601500 RUEGG & ELLSWORTH 2516 DURANT AVE 8,704.02$ 055 187602300 RUEGG & ELLSWORTH 2510 DURANT AVE 3,920.74$ 055 187601700 RUEGG & ELLSWORTH LLC 2526 DURANT AVE 1,160.12$ 055 187100401 RUSHTON RICHARD P & WITT S R & LAVELLE P ETAL TRS 2639 DURANT AVE 1,160.12$ 055 187500700 SARACHAN KENNETH 2409 TELEGRAPH AVE 6,245.08$ 055 187900200 SARACHAN KENNETH 2360 TELEGRAPH AVE 3,726.46$ 055 188100100 SARACHAN KENNETH & BROWN LAURIE 2464 TE LEGRAPH AVE 4,218.24$ 055 184200600 SATELLITE AFFORDABLE HOUSING ASSOCIATES 2500 HILLEGASS AVE 1,856.84$ 055 183502500 SHARMA VINEET & SHUCHI 2628 TELEGRAPH AVE 304 145.28$ 055 188401400 SHI ZHOUZHENG & LI JIA TRS 2312 DURANT AVE 941.46$ 055 183803000 SHYR JURIYAN & HOU DANIEL 2501 DANA ST 9 214.64$
Exhibit B:
Telegraph Business Improvment Distritct (TBID) FY2025 Assessments
APN OWNER NAME ST REET
NUMBER STREET NAME UNIT
# Tax Exempt Private Parcel
055 188000100
SPECTRUM TELEGRAPH COMMONS LLC & POINT V APPL
ETAL 2486 CHANNING WAY 6,656.32$
055 187700300 ST JOSEPH ARIM FOUND 2316 BOWDITCH ST 1,607.40$ 055 187700400 ST JOSEPH ARIM FOUND 2543 DURANT AVE 738.72$ 055 184005000 SU VINCENT P & INGRID ETAL 2615 TELEGRAPH AVE 402 133.30$ 055 187502400 SUM YUN C & NGAN C TRS 2511 DWIGHT WAY 5,121.52$ 055 183502200 SUN CHII YUN & KAREN K 2628 TELEGRAPH AVE 301 145.28$ 055 184004900 SUNKU RAVINDRA & ROOPA R ETAL 2615 TELEGRAPH AVE 401 160.84$ 055 183501800 TAM RICHARD W & ZHANG TAO T ETAL 2628 TELEGRAPH AVE 1 191.36$ 055 188002201 TAYLOR SPRINGS MANAGEMENT LLC 2414 TELEGRAPH AVE 9,380.60$ 055 183700100 TELEGRAPH BLAKE ST LLC 2556 TELEGRAPH AVE 9,832.02$ 055 187502600 TELEGRAPH PARTNERS LLC 2499 TELEGRAPH AVE $ 2,324.36 055 183900500 TELEGRAPH REGENT LLC 2512 REGENT ST 3,499.64$ 055 187500800 THELMA & LOUISE NO 2 LLC 2508 CHANNING WAY 11,578.58$ 055 188101200 TOWN & GOWN CLUB 2401 DWIGHT WAY 1,441.78$ 055 187600100 TREVOR JAMES II 2328 BOWDITCH ST 1,732.14$ 055 188500102 TRINITY UNITED METHODIST CHURCH OF BERKELEY 2362 BANCROFT WAY 1,369.34$ 055 188500104 TRINITY UNITED METHODIST CHURCH OF BERKELEY 2362 BANCROFT WAY 5,210.94$ 055 187101200 TRUST BENEFIT CHRISTIAN SCIENCE ORGANIZATION UC BE 2601 DURANT AVE 738.96$ 055 188401200 TWENTY THREE HUNDRED DURANT PARTNERSHIP 2300 DURANT AVE 2,293.46$ 055 186801000 UNIVERSITY LUTHERAN CHAPEL OF BERKELEY CALIF 2425 COLLEGE AVE 756.22$ 055 187101501 UNIVERSITY Y W C A 2600 B ANCROFT WAY 2,667.18$ 055 187801700 VALHAUS LP 2430 BANCROFT WAY 3,799.02$
055 183801500 VALUES INC INVESTMENT CO 2418 DWIGHT WAY 1,758.36$ 055 187401300 VEDANTA SOCIETY BERKELEY 2455 BOWDITCH ST 1,016.28$ 055 188600400 VERO PROPERTIES LLC 2241 DURANT AVE 1,739.12$ 055 188100400 VIRGINIA COLLEGE ASSOCIATES LP 2482 TELEGRAPH AVE 7,087.98$ 055 183502700 WANG HAOLIN 2628 TE LEGRAPH AVE 401 145.28$ 055 188300400 WEN WILLIAM K TR 2410 DANA ST 931.30$
055 188500103 WESLEY HOUSE BERKELEY LLC 2398 BANCROFT WAY 2,660.80$ 055 184003500 WHANG WILLIAM W & ALICE J TRS 2615 TELEGRAPH AVE 201 122.02$ 055 183600603 WONG FRANKLIN C & WONG HENRY F TR ETAL 2600 TELEGRAPH AVE 1,742.32$ 055 184600200 WU SEN T & SUE H & CHUANG MARIE W TRS 2640 DWIGHT WAY 2,162.62$ 055 183503100 XIA JING 2628 TELEGRAPH AVE 405 145.28$
055 187101100 YEE DAVID 2605 DURANT AVE 1,028.48$
055 184004000 YU JULIA & YU JEAN J TR 2615 TELEGRAPH AVE 206 129.72$ 055 187802000 ZENGS BERKELEY LLC 2462 BANCROFT WAY 4,776.26$ 055 184004400 ZHANG YINGQUN & WANG NAIRU 2615 TELEGRAPH AVE 303 $ 92.10 055 183700200 ZION PROPERTIES LLC 2566 TELEGRAPH AVE D $ 3,770.92 Totals 247 $187,736.14 $627,329.56
Parcels 24 223
Tax Exempt Private Parcels
Total Count of Parcels: 247 24 223
County Fee @1.7% (on Private Parcels): 10,664.60$
Net Assessment Revenue (Private Parcels): 616,664.96$
Total Assessment Revenue: 804,401.10$
Note: Data for APN, Owner, and Land Use from the City's Land Management System is current as of April 3, 2024.
Updated data from Alameda County including APN, Owners and Land Use will be available on July 1, 2024.
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: Eleanor Hollander, Economic Development Manager Subject: Assessments: Downtown Berkeley Property Based Business Improvement District
RECOMMENDATION
Adopt a Resolution approving the Downtown Berkeley Property Based Business Improvement District (DPBID) Annual Report of Fiscal Year (FY) 2024 and proposed budget for FY 2025, and declaring Council’s intention to levy an annual assessment for the DPBID for FY 2025.
SUMMARY
The Downtown Berkeley Property Based Business Improvement District (DPBID, “Downtown BID” or “the District”) provides cleaning, hospitality and marketing services for Berkeley’s central business district. In May of 2016 the DPBID was geographically expanded and renewed for a ten-year period, authorizing operations through December 31, 2026, and designating the Downtown Berkeley Association (DBA) as the District’s Owners’ Association. Annually, Council must approve the DPBID’s annual report and proposed budget and declare its intention to levy an annual assessment.
The City of Berkeley owns parcels within the boundaries of the DPBID and is required by state law to pay the associated assessments. In FY25, the assessment payment will be $158,986, for 14 parcels; and $12,517 for a parcel owned by the City of Berkeley Joint Powers Authority at 2015 Addison Street. The total for fifteen parcels in FY25 is $171,503. In addition, the City will pay the General Benefit portion of the DPBID costs.
The engineer’s report commissioned for the reestablishment of the Downtown BID in 2016 calculated that the general benefit for the district is $18,828 annually. In 2011, the City increased parking meter rates (see Ordinance No. 7,183-N.S.) in the Downtown area to fund payment of the general benefit fees. This amount is billed directly to the City and paid through the Off-Street Parking Fund (627-54-622-665-3002-000-474- 639990).
FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the Downtown Berkeley Property Based Business Improvement District (DPBID) support a package of improvements and activities approved by the
09
Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District June 4, 2024
property owners and the City Council when the District was renewed for a ten-year period on May 31, 2016 (Resolution No. 67,520-N.S.). Assessment funds are collected by Alameda County, relayed to the City of Berkeley, and disbursed through a contract with the Downtown Berkeley Association (DBA), a private owners’ association that was established to implement the Management District Plan. In May of 2021, the City Council authorized the City Manager to execute a contract and any amendments with the DBA, not to exceed $7,285,257 of DPBID revenues, to implement the Downtown Berkeley Management District Plan for the period July 1, 2021 to December 31, 2026 (Contract No. 32200032).
In addition, the University of California has agreed to a contribution to the DPBID of $134,101 for FY 2025. Overall the budget of the DPBID for FY 2025 (Exhibit A) is approximately $2,052,006 inclusive of taxable and non-taxable parcels and private donations, and net of the County 1.7% collection fee on private parcels. The DPBID Assessment Revenue amount articulated in Exhibit A – Annual Report ($1,818,699) is slightly different ($233,307) to account for uncollectable property tax and funds that will be carried forward from the prior year.
The assessment billing for private commercial property, including properties billed on the utility roll, less the county collection fee (approximately $27,752), is expected to be $1,604,760 in FY 2025. Annual and accrued assessment funds are deposited in the Downtown Property Based Business Improvement District (DPBID) Fund (786-21-208- 251-0000-000-000-412110) and expended from fund number 786-21-208-251-0000- 000-446-636110. These totals reflect a 4.5% assessment increase, as determined at the DBA Board of Directors meeting on April 25, 2024. Per the Management District Plan, an annual increase of 5% is allowable to cover inflation costs if approved by a majority of the Owners’ Association Board of Directors.
Under the provisions of Proposition 218 in the California Constitution, government agencies must pay assessments on properties they own in property-based business improvement districts, just like private property owners, unless they receive no benefit.
Payment is collected from private property owners through property tax bills near the end of the calendar year. Payments are due from non-property tax-paying entities concurrently. The City of Berkeley owns eleven parcels within the DBPID boundaries; the City’s assessment payment in FY 2025 would be $158,986 and $12,517 for a parcel owned by the City of Berkeley Joint Powers Authority at 2015 Addison Street, which is increased slightly from the FY 2024 assessment amount. The total for fifteen parcels in FY25 is $171,503.
The City also pays the “general benefit” portion of the PBID budget, or roughly $18,828 for fiscal year 2025. “General benefits” represent that small portion of the overall benefits generated by a PBID which are found to accrue to the general public who are not assessed and do not participate in the economic or social activities of the district. In total, the City is responsible for a contribution of $190,331 to the DPBID in FY 2025.
Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District June 4, 2024
This amount is billed directly to the City and paid through the Off-Street Parking Fund (627-54-622-665-3002-000-474-639990). On June 14, 2011, Council adopted Ordinance No. 7,183-N.S. increasing parking meter rates in the Downtown to fund payment of these fees.
By financing improvements, maintenance and welcoming activities for the City’s central business district, the DPBID indirectly enhances sales tax, business license tax and other business-related City revenue sources.
CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based BIDs (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.
The Board of Directors of the Downtown Berkeley Association met in a publicly noticed meeting on April 25, 2024 to review the Annual Report for the DPBID for FY 2024 and budget for FY 2025 (Exhibit A). The Board of Directors voted to recommend an increase of 4.5% in the assessment for FY25, and to approve the proposed budget for FY 2025 and the Annual Report for FY 2024. The Board recommended that the FY 2024 Annual Report and Proposed Budget for FY 2025 be approved by the City Council. There were no recommended changes to the DPBID boundaries nor changes to the assessment formula as established during the district renewal in 2016. Council can adopt the recommended Resolution which will confirm the DPBID assessment, and thus enable continuous BID operations for another year. Any funds in the existing DPBID contract (Contract No. 32200032) as of June 30, 2023 are to be carried forward.
BACKGROUND
The DPBID is a benefit assessment district that provides cleaning, hospitality and marketing services for Downtown Berkeley. The DPBID was created in 2011 pursuant to California’s “Property and Business Improvement District Law of 1994” to provide needed improvements and activities to assessed property owners. The DPBID was re- established and expanded by Resolution of the Berkeley City Council on May 31, 2016 (Resolution No. 67,520-N.S.) for the ten-year term beginning July 1, 2016 and ending June 30, 2026, with operations to occur over the ten-year calendar year period beginning January 1, 2017 and ending December 31, 2026.
The DPBID finances services and improvements that maintain and improve the district’s streetscape and public areas, improve the pedestrian experience for workers, visitors and residents, and attract new businesses and development. Key services include hospitality and cleaning ambassador teams, beautification projects, business attraction and retention, marketing and events. The improvements and activities that the DPBID
Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District June 4, 2024
finances to enhance Downtown Berkeley’s environment for property owners, residents, workers and visitors include:
Environmental Enhancements:
Maintenance teams sweep, scrub, and pressure wash sidewalks, remove litter and graffiti, and increase the frequency of trash removal and maintain landscaping throughout the District.
Hospitality Ambassadors provide visitor information, safety escorts, merchant outreach, liaison activities with city services, event support, homeless services outreach and referrals, and coordinate work with local police, businesses and property owners to prevent crime and address quality of life issues. Beautification and place-making improvements that make Downtown Berkeley more attractive, including enhanced landscaping, holiday décor, way-finding signage, trash receptacles, planters, urban design plans, bike racks, programming of BART Plaza and other public spaces.
Economic Enhancements:
Promote and support local business through providing liaison services with City staff, and attracting new businesses and investment that further the strategic goals of the Downtown.
Advance Downtown Berkeley’s evolution as a regional destination for arts, culture and entertainment.
Marketing and communications to support DPBID activities and improvements Strategies to improve the parking and transit experience to support local businesses, residents, and arts/culture/civic destinations. Leadership through research and community education to represent the Downtown community with one voice.
Due to high levels of pedestrian traffic in the core of the Downtown and the attendant need for higher levels of service there, the DPBID has three benefit zones as delineated in the 2016 District Management Plan. There is a two-tiered core service zone (known as “Premium” and “Standard”) and a third zone “South Shattuck Benefit Zone” which covers the 2016 expansion area along the southern portion of Shattuck Avenue.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the DPBID, the DBA creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The District encompasses the area surrounding the Downtown BART Station and several AC Transit lines that provide easy accessibility for visitors coming to and from this popular regional destination. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation choices.
Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District June 4, 2024
RATIONALE FOR RECOMMENDATION
Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be levied. Council action is required to approve the BID’s Annual Report and declare its intent to levy assessments. This private/public partnership will continue to provide significant resources for revitalization of the Downtown Core Commercial District, which has had a transformational effect on the physical and economic health of the City of Berkeley.
ALTERNATIVE ACTIONS CONSIDERED
The DBA Board of Directors considered an increase in assessment rates, up to the allowable 5%, and as low as 0%, but instead decided on a 4.5% increase, determining that the increased rate would sufficiently cover the slate of services outlined in the FY2025 budget and work plan and better keep up with the pace of inflation.
CONTACTS
Eleanor Hollander, Office of Economic Development, (510) 981-7536 Attachments:
1: Resolution: Confirm Downtown Property Based Business Improvement District (DPBID) Annual Report and Levy Annual Assessment
Exhibit A: DPBID Annual Report for FY 2024 and Proposed Budget for FY 2025 Exhibit B: DPBID FY 2025 Assessment Roll
RESOLUTION NO. ##,###-N.S.
APPROVING THE ANNUAL REPORT OF THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT AND LEVYING ASSESSMENTS FOR FY 2025 WHEREAS, the Property and Business Improvement District Law of 1994 as amended (California Streets and Highways Code Section 36600 et.seq.) authorizes cities, with the consent of property owners, to fund property-related improvements, maintenance and activities through the levy of assessments upon the real property that benefits from the improvements, maintenance and activities; and
WHEREAS, the City Council renewed the Downtown Property Based Business Improvement District (hereafter, “the District”) by Resolution No. 67,520 -N.S. on May 31, 2016; and
WHEREAS, the City Council has now received the Annual Report of the Downtown Property Based Business Improvement District for FY 2024 (Annual Report, attached as Exhibit A) from the Downtown Business Association, the governing body for the District, that describes the operations of the District in FY 2024, recommends services for FY 2025 and proposes a budget for FY 2025.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report for FY 2024 and declares its intent to levy special assessments on property within the boundaries of the District for FY2025.
BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Downtown Business Improvement District Management Plan (Plan) which was made part of Resolution No. 67,520 -N.S., renewing the District.
BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Plan and the Annual Report and that the cost of providing the improvements and activities is as described in the budget attached to the Annual Report.
BE IT FURTHER RESOLVED that to finance these improvements and activities, the Annual Report and Budget includes a 4.5% increase in assessment rates. Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY 2025 and confirm disbursement of DPBID assessment revenue.
Exhibits
A: DPBID Annual Report for FY 2024 and Proposed Budget for FY 2025 B: DPBID Assessment Roll FY 2025
EXHIBIT A
2024 ANNUAL REPORT OF THE DOWNTOWN BERKELEY PROPERTY-BASED
BUSINESS IMPROVEMENT DISTRICT (PBID)
By the Downtown Berkeley Association
The Downtown Berkeley Property-Based Business Improvement District (DBPBID), managed by the Downtown Berkeley Association (DBA) was approved for a ten-year period by an affirmative vote of the property owners of the Downtown Berkeley commercial district by mail-in ballot during the spring 2016. This vote was affirmed without protest by City Council on May 31, 2016. The DBPID commenced operations on January 1, 2017. In accordance with 36650 (b) of the Streets and Highway Code for the State of California, the DBA affirms the following:
1. The DBA proposes no changes in PBID boundaries for the 2025 fiscal and calendar year.
2. The DBA will continue with the same services as has been outlined in the Management District Plan Final Plan of May 30, 2016. These services include Environmental Enhancements such as Ambassador hospitality services, cleaning services, beautification, and landscaping; as well as Economic Enhancements such as district marketing, promotion, event, and business attraction and retention.
3. The budget approved on February 1, 2024 the DBA Board of Directors calls for expenditures in the FY 2025 to be $2,156,055.
4. On April 25, 2024, the DBA Board approved a 4.5% assessment rate increase for FY2025.
5. The 2024-25 budget (FY25) approved to the DBA Board of Directors includes a carry forward of approximately $671,780 in unrestricted net assets.
6. The approved FY2025 budget envisions a loss of ($249,255) to be incurred to the carry forward funds of $671,780, resulting in a year-end balance of $422,525.
7. In addition to assessments levied on real property, the 2024-25 budget (FY25) budget envisions $16,100 additional revenue will be derived from contract services for ambassador hospitality and cleaning services, $20,00 in event sponsorship revenue, $40,000 from City Measure P to co-fund Downtown Social Service Outreach position, well as, $12,000 interest earned paid by financial institutions.
Fiscal Year 2025 (FY25)
BUDGET OF THE DOWNTOWN BERKELEY PROPERTY-BASED BUSINESS
IMPROVEMENT DISTRICT (PBID)
By the Downtown Berkeley Association
REVENUE
PBID Assessment Revenue $1,818,699
Con
tract Services $16,100
Interest Income and Other Revenue $72,000
Total Revenue $1,906,799
EXPENSES
Environmental Enhancement Services* $1,600,435
Ma
rketing & Economic Enhancement Services $368,509
General Administrative and Operating Expenses $187,110 Total Expenses $2,156,054
*
Environmental enhancements include cleaning, hospitality, landscaping, and homeless outreach.
Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2025 Prepared April 2024 for Fiscal Year 2025
APN Owner Si te Address
Private Parcels Tax Exempt Utility Roll
055- -1894-016-00 BANCROFT WAY PROPERTIES LLC 2030 BANCROFT WAY 1,232.46$ 057- -2059-009-00 1915 UNIVERSITY AVENUE PARTNER 1915 UNIVERSITY AVE 1,582.84$ 055- -1893-005-03 DWF VI VMG STADIUM LLC 2310 FULTON ST 10,686.02$ 057- -2022-019-01 1950 ADDISON APARTMENT JOINT VENTU1950 ADDISON ST 15,479.28$ 055- -1823-011-01 SUTTER BAY HOSPITALS 2104 DWIGHT WAY 6,930.30$ 057- -2016-021-01 1812 University Ave LLC 1812 UNIVERSITY AVE 6,023.26$ 057- -2024-007-01 1935 ADDISON STREET LLC 1935 ADDISON ST 4,277.38$ 057- -2060-001-00 1950 MLK LLC 1988 M L KING JR WAY 21,609.66$ 057- -2029-009-00 2015 BANCROFT FEE OWNER CA LLC 2105 BANCROFT WAY 12,208.08$ 057- -2046-001-00 1951 SHATTUCK LLC 2108 BERKELEY WAY 9,352.12$ 057- -2053-002-00 1974 SHATTUCK AVENUE LLC 1974 SHATTUCK AVE 2,376.60$ 057- -2026-007-02 2000 CENTER STREET LLC 2175 MILVIA ST 16,408.50$ 057- -2026-004-12 DUN SHERMAN S & KATHERINE Y ETAL 2068 CENTER ST 2,279.96$ 057- -2023-013-00 2001 CENTER STREET LLC 2001 CENTER ST 11,464.64$ 057- -2025-002-00 2008 SHATTUCK AVENUE LLC 2008 SHATTUCK AVE 5,204.86$ 055- -1894-014-03 2025 DURANT AVENUE LLC 2025 DURANT AVE 15,105.54$ 055- -1894-015-01 2028 BANCROFT WAY LLC 2028 BANCROFT WAY 4,592.38$ 057- -2025-017-03 2054 UNIVERSITY LLC 2054 UNIVERSITY AVE 9,323.18$ 057- -2031-011-00 2130 CENTER LLC 2130 CENTER ST 6,457.40$ 057- -2029-016-01 2176 KITTREDGE OWNER LLC 2150 KITTREDGE ST 7,563.20$ 057- -2023-001-00 2100 SHATTUCK AVE LP 2104 SHATTUCK AVE 14,082.04$ 057- -2030-001-00 2108 ALLSTON LLC 2108 ALLSTON WAY 11,544.74$ 057- -2029-013-00 2110 KITTREDGE LLC 2110 KITTREDGE ST 9,878.08$ 055- -1893-007-01 2124 BANCROFT WAY LLC 2124 BANCROFT WAY 7,472.08$ 057- -2024-010-02 384 PROMENADE LLC & WPG PROMENAD1936 UNIVERSITY AVE 10,670.32$ 057- -2023-014-00 440 JACKSON STREET LLC 2115 MILVIA ST 5,174.68$ 057- -2060-022-00 LIN DIANA M TR 1801 UNIVERSITY AVE 301 190.68$ 057- -2060-046-00 ACAMPORA ROSE TR 1801 UNIVERSITY AVE 309 190.68$ 057- -2033-004-00 ADDISON BUILDING LLC 2044 KALA BAGAI WAY 6,352.48$ 057- -2022-014-01 ADDISON LLC 1912 ADDISON ST 1,018.06$ 055- -1893-006-01 2125 DURANT AVENUE LLC 2125 DURANT AVE 394.10$ 055- -1894-017-04 2322 SHATTUCK AVENUE LLC 2300 SHATTUCK AVE 20,449.98$ 055- -1896-004-00 2420 SHATTUCK AVENUE LLC 2428 SHATTUCK AVE 1,358.36$ 055- -1896-003-00 2420 SHATTUCK LLC 2420 SHATTUCK AVE 1,746.48$ 055- -1822-005-00 2524 SHATTUCK BLAKE LLC 2524 SHATTUCK AVE 1,808.02$ 057- -2024-013-00 2099 MLK OWNER LLC 2099 M L KING JR WAY 2,795.30$ 057- -2060-041-00 ALBANESE ANDRES & CELINA 1801 UNIVERSITY AVE 407 190.68$ 055- -1893-019-00 P T & T CO 279-1-12-6 0 DURANT AVE 18,143.28$ 055- -1893-020-00 P T & T CO 279-1-1-4 0 BANCROFT WAY 1,095.86$ 057- -2060-050-03 AREFI EHSAN & AREFY KATRIN TR 1809 UNIVERSITY AVE 109.10$ 057- -2030-010-00 AMHERST VENTURES LLC 2231 SHATTUCK AVE 7,052.12$ 057- -2049-024-00 SHARMA GAURI TR 1849 SHATTUCK AVE 404 96.28$ 057- -2050-031-01 AMISTAD HOUSE LLC 1810 SHATTUCK AVE 5,247.58$ 055- -1893-013-00 BAKER EDWARD TR 2327 SHATTUCK AVE 335.74$ 055- -1821-026-00 AMPRI INVESTMENTS INC 2030 BLAKE STC 245.82$ 055- -1821-025-00 BELGROVE ANGELA M & SWINDERMAN E2030 BLAKE STD 658.62$ 055- -1892-001-01 BUDDHIST CHURCHES OF AMERICA 2140 DURANT AVE 4,170.60$ 055- -1821-027-00 AMPRI INVESTMENTS INC 2030 BLAKE STB 245.32$ 057- -2032-021-00 BERKELEY DOWNTOWN HOTEL OWNER 2121 CENTER ST 82,706.08$ 057- -2032-022-00 BANK OF AMERICA 2129 CENTER ST 1,975.72$ 057- -2028-013-00 AOCHI FUSAKO J TR 2000 KITTREDGE ST 3,737.16$ 057- -2032-018-00 ARLINGTON INVESTMENT CO 134BERKELEY SQ 1,150.76$ 057- -2025-024-00 BERKELEY JOINT POWERS FINANCIN 2015 ADDISON ST 12,517.38$ 057- -2059-007-00 AYYAD FRED & MONA 1929 UNIVERSITY AVE 1,493.18$ 057- -2016-025-01 BERKELEY CHAMBER OF COM 1834 UNIVERSITY AVE 1,007.60$ 055- -1824-015-00 BERKELEY FREE MARKET LLC 2567 SHATTUCK AVE 5,559.50$ 057- -2028-011-00 BERKELEY INN LLC 2001 BANCROFT WAY 3,884.42$ 057- -2029-004-00 BERKELEY LODGE NO 270 I O O F 2288 FULTON ST 4,836.68$ 057- -2049-037-00 BERKELEY LOFTS LLC 1803 UNIVERSITY AVE 113.82$ FY 2025 Assessment