Berkeley City Council
June 25, 2024

CITY OF BERKELEY Department of Health, Housing, and Community Services 2 Commission on the Status of Women: DV Response Update
Agenda
High-Level Background
Recommendations & Progress Updates
Next Steps
Conversation & Feedback

DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 330 of 351Page 347 of 369

CITY OF BERKELEY Department of Health, Housing, and Community Services 3 Background
Background
- Budget referral from May 2022, as a component of the
City of Berkeley’s Reimagining Public Safety process.
- Domestic Violence recommendations dovetail with the
Care First Jails Last recommendations on Crisis
Stabilization and broad-based best practices.
- Identifying gaps in service and policy integration, in order to address needs long-term and stay
sustainable.

Process
- Stakeholder engagement: of community leaders,
service utilizers, public officials and people who have survived incidence of violence.
- The Alternatives to Incarceration workgroup compiled
recommendations.

Commission on the Status of Women: DV Response Update

DRAFT RECOMMENDATIONS FOR FEEDBACK

APPENDIX G

CITY OF BERKELEY Department of Health, Housing, and Community Services 4 Evaluative Criteria
Harm Reduction: Does this recommendation reduce the number of people who cycle through crisis & carceral systems? Does this recommendation reduce the harm and trauma caused by those systems, to the individual?
Transformation: Does this recommendation reinforce the status quo, or would its implementation meaningfully create new
pathways/investments in public safety (crisis diversion & stabilization)? Does this recommendation support healing and long- term positive change for everyone involved in the incidents of violence?
Political feasibility: Is this recommendation responsive to the needs and priorities of service utilizers?
Financial feasibility: Is the implementation of this recommendation financially possible given budgetary constraints?
Commission on the Status of Women: DV Response Update DRAFT RECOMMENDATIONS FOR FEEDBACK APPENDIX GPage 332 of 351Page 349 of 369

CITY OF BERKELEY Department of Health, Housing, and Community Services 5 Trauma Informed, Non-Carceral Crisis Response
Expand the Specialized Care Unit scope of work to
incl
ude domestic violence calls for service.

Expand, diversify and strengthen non-crisis mo
bile
response teams to address gaps, including assisting
people who identify as TGI, LGBQ+, and/or cisgender
women who are in an emerging crisis and/or need
community-based conflict resolution.

Internal Planning
- Liaising with the SCU on triage possibilities & best
practices learned from other crisis programs
- Liaising with Berkeley Police Department for data
analysis & policy evaluation
Recommendation 1
Commission on the Status of Women: DV Response Update

DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 333 of 351Page 350 of 369

CITY OF BERKELEY Department of Health, Housing, and Community Services 6 Restorative Justice & Circle Work Interventions
Establish effective restorative justice programs,
cri
sis mediation and violence prevention programs to
mediate incidence of Intimate Partner/Gender-
Based/Domestic Violence.

Internal Planning
- Pursuing grant opportunities to explore possible
funding streams
- Annual cost estimate: $200k per year plus fringe
benefits for 2 restorative justice circle staffers
(social workers or peer counselors) + $20K for
program administration
Recommendation 2
Commission on the Status of Women: DV Response Update

DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 334 of 351Page 351 of 369

CITY OF BERKELEY Department of Health, Housing, and Community Services 7 Crisis Response & Stabilization Shelter Beds
Establish a 24/7 shelter bed facility, with
short/medium term housing stabilization options, for
survivors of domestic violence. This service would be
operated by a contracted community-based
organization, overseeing implementation (day-to-da
y
operations, hiring & staffing, referrals, case
management).

Internal Planning
- Pursuing grant opportunities to explore possible
funding streams
- Annual cost estimate: $700K for staffing, $100K
program supplies
Recommendation 3
Commission on the Status of Women: DV Response Update

DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 335 of 351Page 352 of 369

CITY OF BERKELEY Department of Health, Housing, and Community Services 8 Financial Stabilization and Independence for
Survivors of Violence
Incubate new innovative employment programs for
peopl
e who identify as survivors of domestic, intimate
partner or gender-based violence. Utilize tax credits,
stipends, vouchers (housing, transit or otherwise),
motel conversions and/or cash benefit programs to
address the costs incurred when cisgender women,
LGBQ+ people and TGI people seek safety away from
abusive or violent relationships.

Internal Planning
- Liaising with Mental Health Division to identify pre- exis
ting cash benefit programs
- Publish multi-lingual resources for survivors to access a wide range of financial support services
Recommendation 4
Commission on the Status of Women: DV Response UpdateDRAFT RECOMMENDATIONS FOR FEEDBACK APPENDIX G Page 336 of 351Page 353 of 369

CITY OF BERKELEY Department of Health, Housing, and Community Services 9 What’s Next?
COSOW Commission Feedback
Discussion and feedback from the
Commission on the Status of
Women
What’s Next?
Data & Criteria Analysis
Data inquiry for Alameda County
Department of Public Health,
internal BPD data on calls for
service, literature review, and
budgetary analysis
Implementation
Present referral response
recommendations to Mayor and
City Council
Commission on the Status of Women: DV Response Update

DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 337 of 351Page 354 of 369

Thank you!
Department of Health,
Housing & Community
Services
Conversation &
Feedback

DRAFT RECOMMENDATIONS FOR FEEDBACK
APPENDIX GPage 338 of 351Page 355 of 369

Recommendation on Public Safety/Crime Prevention for
Women
April 17th, 2024
Reimagining Public Safety

APPENDIX G

Presenters
Dr. Carianna "Cari" Arredondo(she/ella/they)
Assistant to the City Manager
Reimagining Public Safety
[email protected]
Arlo Malmberg (he/him)
Data & Policy Analyst at BPD
Strategic Analysis Team
[email protected]

APPENDIX G

Overview
Objective: Present an overview of crime trends to
inform next steps for the referral on Public
Safety/Crime Prevention for Women.
• Background:
 Conte
xt and Recommendations
• Violence Against Women and Older
Persons in Berkeley:
 Trends and Analysis
• Considerations and Next Steps:

APPENDIX G

Recommended
ActionsDevelop plans to implement public
safety crime prevention programs to
address the current rising crime against
women, particularly older women.

These plans should include a budget
referral to the Council Budget and
Finance Committee for consideration in
the June budget process.

These plans should include...

APPENDIX G

RECOMMENDATIONS
Data-Driven Approach
• Collaborate
with Berkeley
Police to
identify key
areas and
times for
safety escorts
based on
safety risks to
women.

Community Forum
• Host a hybrid
safety forum
for women,
led by
Berkeley
Police,
focusing on
older women
with city-wide
promotion
planning.

Community Ambassadors
• Implement
ambassador-led
safety escorts
in business
areas and
adjacent
neighborhoods.

Safety Escorts
• Create a safety
escort
program
inspired by the
2003 Respect-
BART initiative
to counter
muggings on
Berkeley BART
paths.

Ride-share Program
•Explore
expanding Go-
Go Grandparent
for safer rides
for women,
considering
cost-sharing,
safe arrivals, and
lifting
restrictions for
Council budget
review.

APPENDIX G

VIOLENCE AGAINST WOMEN AND OLDER

PERSONS

IN BERKELEY

APPENDIX G

ASSAULTS AND

ROBBERIES OF WOMEN
Assaults and robberies
against women have increased in
the last 3 years.
• This increase mirrors broader crime
trends.
• Women represent 38% of all assau lt and
robbery victims in that timespan.

APPENDIX G

The Downtown area stands
out as the primary location for
assaults, batteries, and
robberies targeting women.
• Crime peaks at lunchtime (11 am-2 pm)
with high foot traffic.
• Night (9 pm-2 am) sees high crime with
fewer people out.

ASSAULTS AND

ROBBERIES OF WOMEN
Assaults & Robberies |
FemaleVictims
2021-2023

APPENDIX G

Assaults and robberies against older persons
reflect general crime patterns.
•Downtown is the focal point for crimes targeting
older people.
• Crime surges between 11 am and 2 pm, aligning
with peak pedestrian presence.

ASSAULTS AND ROBBERIES

OF OLDER PERSONS
Assaults & Robberies |
Age 65+ Victims
2021-2023

APPENDIX G

RECOMMENDATIONS
Data-Driven Approach
• Collaborate
with Berkeley
Police to
identify key
areas and
times for
safety escorts
based on
safety risks to
women.

Community Forum
• Host a hybrid
safety forum
for women,
led by
Berkeley
Police,
focusing on
older women
with city-wide
promotion
planning.

Community Ambassadors
• Implement
ambassador-led
safety escorts
in business
areas and
adjacent
neighborhoods.

Safety Escorts
• Create a safety
escort
program
inspired by the
2003 Respect-
BART initiative
to counter
muggings on
Berkeley BART
paths.

Ride-share Program
•Explore
expanding Go-
Go Grandparent
for safer rides
for women,
considering
cost-sharing,
safe arrivals, and
lifting
restrictions for
Council budget
review.

APPENDIX G

CONSIDERATIONS AND NEXT STEPS

APPENDIX G

Considerations and
Next Steps
• Considerations:
 Scope of Work
 Implementation Timeline
 Budget Constraints
• Next Steps:
 Stakeholder Engagement
 Prioritization of Recommendations

APPENDIX G

Dr. Carianna "Cari" Arredondo
Reimagining Public Safety
(510) 295-7706
[email protected]
Arlo Malmberg
Strategic Analysis T eam
(510) 981-5799
[email protected]

APPENDIX G

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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department David Sprague, Fire Chief, Fire Department
Subject: FY 2025 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.0629 (6.29 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09519 (9.519 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.0629 per square foot of improvements for dwelling units and $0.09519 per square foot of improvements. This will result in estimated collections of $5,821,950 for the fund. The tax rate will result in an increase in the citywide average for 1900 square foot dwelling and all other property from FY 2024 of $4.33 and $6.57, respectively.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax rates of $0.06062 for dwelling units and $0.09173 for all other property were adjusted by the per capita the Consumer Price Index (CPI) or the Personal Growth Index in California. The voters approved increasing the Measure GG tax rate annually by up to the greater of the Consumer Price Index increase in the immediate San Francisco Bay Area or the per capita Personal Income Growth in California. The Personal Growth Index per capita rate for FY 2025 has been set at 3.62%. The CPI rate is 3.767% in FY 2025.

At their regular meeting on May 23, 2024, the Disaster and Fire Safety Commission voted to recommend an increase to the Measure GG tax rate assessment using the Consumer Price Index rate of 3.767%.

Action: M/S (Katz): Vote: 8 Ayes: Bradstreet, Raine, Wilson, Kinosian, Murphy, Gordon, Darling; Katz; 0 Nays; 1 Abstain: Dean

FY 2025 Tax Rate: Fund Fire Protection and Emergency CONSENT CALENDAR Response and Preparedness (Measure GG) June 25, 2024

It is recommended that the City Council authorize the levy of a special tax of $0.0629 per square foot for dwelling units and $0.09519 for all other property in the City of Berkeley. The tax will result in an increased cost to taxpayers in the following average amounts during Fiscal Year 2025, as compared with amounts for FY 2024:

FY 2025
Square Feet Dwelling Units
All Other
Properties
1,200 $75.48 $114.23
1,500 94.35 142.79
1,900 119.51 180.86
3,000 188.70 285.57
3,900 245.31 371.24
10,000 629.00 951.90
FY 2024
Square Feet Dwelling Units
All Other
Properties
1,200 $72.74 $110.08
1,500 90.93 137.60
1,900 115.18 174.29
3,000 181.86 275.19
3,900 236.42 357.75
10,000 606.20 917.30

BACKGROUND
In the November 2008 election, Berkeley voters approved Measure GG, which authorized the levying of a special tax. The tax proceeds will be used first to eliminate rotating closures of operating fire stations, and to provide advanced life support personnel (paramedics) and equipment on all first responder vehicles (ambulances, fire engines and ladder trucks). The funds would also be used to (1) hire a training officer to provide Emergency Medical Service training for first responders; (2) hire staff to conduct Community Emergency Response Training and other similar public disaster training and preparedness efforts and for neighborhood emergency preparedness caches; and (3) to acquire and maintain equipment to enhance emergency preparedness, including equipment to allow compatible radio communications throughout the City and with outside public safety agencies. On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Fire Protection and Emergency Response and Preparedness tax.

FY 2025 Tax Rate: Fund Fire Protection and Emergency CONSENT CALENDAR Response and Preparedness (Measure GG) June 25, 2024

ALTERNATE CONSIDERATIONS
The City Council may consider adjusting the current recommended tax rate of $0.06062 per square foot of improvements for dwelling units and $0.09173 per square foot of improvements for all other property by the Personal Income Growth in California of

3.62% with projected revenue of $5,813,703.

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

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

ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND FIRE PROTECTION

AND EMERGENCY RESPONSE AND PREPAREDNESS (MEASURE GG) IN THE CITY

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

Section 1. The FY 2025 Tax Rate for the Fire Protection and Emergency Response and Preparedness (Measure GG) is set at:
$0.06290 per square foot of improvements for dwellings
$0.09519 per square foot of improvements for all other properties Section 2. The cost to taxpayers during FY 2025 will be $75.48 for a 1,200 square foot dwelling and $188.70 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $5,821,950 Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.

Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 25, 2024

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $2,730,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

PROJECT Fund Source Amount
On-Call Landscape
Architectural Services
138
511

PARKS TAX
T1-CAPITAL
$2,250,000
FY 2023 Streetlight
Maintenance Project
142 ST LGHTNG $480,000
Total: $2,730,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council June 25, 2024 Approval on June 25, 2024

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Soorma, Senior Buyer, Finance. (510) 981-7311
Attachments:
1) On-Call Landscape Architectural Services
2) FY 2023 Streetlight Maintenance Project
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: JUNE 25, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11667-C On-Call Landscape
Architectural Services
06/26/24 07/30/24 On-Call Landscape Architectural
Services for
upcoming City projects
(Possibly three separate
contracts for $750,000 each;
3-year term for each contract).
$750,000 per year
FY25-FY27
3 year term
Total NTE:
$2,250,000
Various:
(On-Call contract-Funding
is project based and subject
to available funding)
138-52-545-000-0000-000-
461-612320
511-52-545-000-0000-000-
461-612320
PRW/Admin
DEPT. TOTAL $ 2,250,000
24-11668-C FY 2023 Streetlight
Maintenance Projec
06/12/24 07/05/24 Purchase and installation of
streetlight poles throughout Berkeley
$ 480,000.00 142-54-623-672-0000-000-
426-663110-
PWENEL2301
PW Eng Guillermo Jaramillo
x6336
Srinivas Muktevi
x6402
DEPT. TOTAL $ 480,000
TOTAL $ 2,730,000
1 of  2

Internal
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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Appropriations Limit for FY 2025

RECOMMENDATION
Adopt a Resolution establishing the appropriations limit at $353,538,057 for FY 2025 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

FISCAL IMPACTS OF RECOMMENDATION
The amount of appropriations subject to the limit are budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those transfers exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.), and the total of these budgeted revenues cannot exceed the total appropriations limit. The City’s actual appropriations in each fiscal year have been significantly below the limit, as they will be for FY 2025. Thus, there are no present financial implications of establishing the limit.

CURRENT SITUATION AND ITS EFFECTS
Each year in June, concurrent with the adoption of the budget, Council must approve an appropriations limit for the following fiscal year pursuant to the State constitution. This resolution adopts the appropriations limit for FY 2025 at $353,538,057. The excess of the appropriations limit over appropriations is $58,571,811 for FY 2025 based on the proposed budget appropriations for FY 2025.

The Finance Department has compiled the data and made calculations to determine the FY 2025 appropriations limit. The documentation of determination, upon adoption and promulgation of the attached draft resolution, has been available for review by the public in the Office of the City Clerk. Exhibits A and B attached hereto, provide the required documentation. Exhibit A is a summary of the appropriations limit determination, the amount of appropriations subject to the limit, and the excess of the appropriations limit over appropriations. Exhibit B provides details of the appropriations limit calculations.

The Council action will set the FY 2025 appropriations subject to the limitations of Article XIIIB of the Constitution of the State of California, which may not exceed the

Internal
Appropriations Limit for FY 2024 CONSENT CALENDAR
June 25, 2024

amounts calculated by the City’s Finance Department. These calculations were filed with the City Clerk at least 15 days prior to June 25, 2024.

BACKGROUND
In November 1989, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative, and added Article XIIIB of the State’s Constitution. In June 1990, this Article was modified by the passing of Proposition 111.

These propositions placed various limitations on the fiscal powers of state and local government.

Senate Bill 1352 requires that: 1) the governing body of each local jurisdiction shall establish by a legislative action its appropriations limit at a regularly scheduled meeting or noticed special meeting; and 2) 15 days prior to such meeting, give notice that documentation used to determine the appropriations limit shall be made available to the public.

The Council action will set the FY 2025 appropriations subject to the limitations of Article XIIIB of the Constitution of the State of California, which may not exceed the amounts calculated by the City’s Finance Department. These calculations were filed with the City Clerk 15 days prior to June 25, 2024.

RATIONALE FOR RECOMMENDATION
This is a state law.

ALTERNATIVE ACTIONS CONSIDERED
None

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7301
Attachments:
1: Resolution
Exhibit A: GANN Appropriation Limit FY 2025
Exhibit B: Schedule to Calculate Appropriation Limitation FY 2025

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

ESTABLISHING AN APPROPRIATIONS LIMIT FOR FY 2025
WHEREAS, on November 6, 1979, the citizens of the State of California approved Proposition 4, which added Article XIII B to the Constitution of the State of California to place various limitations on the fiscal powers of State and local government; and WHEREAS, on June 5, 1990, the citizens of the State of California approved Proposition 111 which provided new Proposition 111 adjustment formulas; and WHEREAS, Senate Bill 1352, enacted by the Legislature of the State of California, provides for the implementation of Article XIII by defining various terms in this article; and
WHEREAS, pursuant to the requirements of Senate Bill 1352, the City Council, on May 21, 2024 adopted a Resolution which gave notice, as required by law, that the City Council would establish the City of Berkeley appropriations limit for FY 2025 by a Resolution of the City Council on June 25, 2024.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley, that the Council, pursuant to the requirements and criteria set forth in Senate Bill 1352, does hereby establish the appropriations limit at $353,538,057 for FY 2025 for the City of Berkeley as documented in Exhibits A and B attached hereto and incorporated herein by reference as though fully set forth.

Exhibits:

A: GANN Appropriation Limit FY 2025
B: Schedule to Calculate Appropriation Limitation FY 2025

Internal
FY 2024 Gann Appropriation Limit of $279,256,263 (before Special Taxes Added), Adjusted for Growth Factor of 1.0306 (See Exhibit B) 287,801,505$ ADD BACK:

Li
brary Relief Tax 25,905,893
Emergency Medical Services Special Tax 3,874,480
Park Maintenance, City Trees and Landscaping Special Tax 18,297,945 Emergency Services for Severely Disabled Tax 1,733,706
Firefighting, Emergency Medical Response and Wildfire 10,102,578 Fire Protection and Emergency Response and Preparedness 5,821,950 TOTAL Gann Appropriation Limitation 353,538,057$ (1) Appropriations Subject to Gann Limitation 294,966,246$ (2) EXCESS of Limitation Over Appropriation 58,571,811$
The GANN Limit override to raise the spending limit for the special taxes are required to be renewed by voters every four years. The date the next GANN Limit override is to be submitted to voters is November, 2024

EXHIBIT A

CITY OF BERKELEY
GANN APPROPRIATION LIMITATION FOR FY 2025
(Based on the FY 2025 Proposed Budget)
Notes:
(1) The appropriation limit is the calculated dollar amount, which restricts the ability to receive and appropriate proc
eeds of taxes.
(2) The amounts of appropriations subject to the limitation are budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those funds exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.) and the total of these budgeted revenue cannot exceed the total appropriation limitations.

Internal
72,457,778$
457,186$
1,436,890
554,883
414,609
1,623,144
1,260,012
3,635,197
33,147,004
42,528,925
29,928,853$
Growth Factor
Appropriation Limit
Before Transferred Cost
and Add Back of Special
Taxes Landscaping Street Lighting Library Relief Tax
Emergency Medical
Services Special Tax
Park
Maintenance
City Trees and
Landscaping
Special Tax
Emergency
Paratransit
Tax
Disaster Fire
Protection Tax
Fire Protection
& Emergency
Response &
Preparedness
Firefighting,
Emergency
Medical
Response and
Wildfire
Base Year 29,928,853$ - 29,928,853$ 1980 1.097700 32,852,902 - 32,852, 902 1981 1.121400 36,841,244 - 36,841, 244 1982 1.083100 39,902,752 $ (949, 298) $ (522,600) (1,471,898)$ 38,430, 854 1983 1.070200 41,128,700 - 41,128, 700 1984 1.029600 42,346,109 - 42,346, 109 1985 1.047000 44,336,377 - 44,336, 377 1986 1.045400 46,349,249 - 46,349, 249 1987 1.025800 47,545,060 - 47,545, 060 1988 1.047500 49,803,451 - 49,803, 451 1989 1.054700 52,527,700 - 52,527, 700 1990 1.050200 55,164,591 6,010, 000$ 6,010, 000 61,174, 591 1991 1.056300 58,270,356 6,600, 000 6,600,000 64,870, 356 1992 1.056800 61,580,113 6,752, 000 6,752,000 68,332, 113 1993 1.057900 65,145,601 6,850, 000 6,850,000 71,995, 601 1994 1.043100 67,953,377 7,202, 000 7,202,000 75,155, 377 1995 1.016900 69,101,789 7,202, 000 7,202,000 76,303, 789 1996 1.030200 71,188,663 7,570, 000 7,570,000 78,758, 663 1997 1.063200 75,687,786 7,570, 000 7,570,000 83,257, 786 1998 1.060800 80,289,604 7,570, 000 1,639,599$ 5,500, 000$ 14,709, 599 94,999, 203 1999 1.060400 85,139,096 7,927, 500 1,651,547 5,790,163 15,369, 210 100,508, 306 2000 1.059900 90,238,928 8,373, 875 1,701,093 5,850,400 15,925, 368 106,164, 296 2001 1.057500 95,427,666 8,936, 938 1,812,014 6,025,912 16,774, 864 112,202, 530 2002 1.097300 104,712,778 9,478, 469 1,927,257 7,211,984 661,000$ 19,278, 710 123,991, 488 2003 0.999740 104,685,553 9,997, 653 1,974,876 7,435,281 689,369 1,000, 000$ 21,097, 179 125,782, 732 2004 1.031489 107,981,996 11,654, 000 2,034,352 7,609,028 690,475 970,000 22,957, 855 130,939, 851 2005 1.040236 112,326,760 11,603, 755 2,000,000 7,594,920 702,727 950,639 22,852, 041 135,178, 801 2006 1.060000 119,066,366 12,214, 113 2,040,000 7,755,780 754,105 969,652 23,733, 650 142,800, 016 2007 1.052907 125,365,810 12,580, 535 2,120,827 7,975,189 771,244 969,652 24,417, 447 149,783, 257 2008 1.055370 132,307,315 13,209, 469 2,184,452 8,214,445 805,333 998,742 25,412, 441 157,719, 756 2009 1.056666 139,804,642 13,520, 414 2,274,380 8,502,545 839,882 969, 652 26,106,873 165,911, 515 2010 1.018780 142,430,173 13,655, 619 2,297,124 8,587,570 889,152 969, 652 5,400,000 31,799,117 174,229, 290 2011 1.072060 152,693,690 13,904, 789 2,332,903 8,754,869 894,401 969, 652 3,600,000 30,456,614 183,150, 304 2012 1.0381 158,511,319 14,425,555 2,461,803 9,237,474 944,155 969, 652 3,788,761 31,827,400 190,338, 719 2013 1.04787 166,099,254 15,028,438 2,484,633 9,309,080 967,511 985, 734 3,879,323 32,654,719 198,753, 973 2014 1.063912 176,714,993 15,870,770 2,561,235 9,586,190 1,022, 302 985,734 4,095,987 34,122,218 210,837, 211 2015 1.011200 178,694,201 16,345,912 2,640,032 9,865,971 1,052, 122 985,734 4,186,198 35,075,969 213,770, 170 2016 1.051700 187,932,691 16,617,288 2,687,121 10,043,981 1,070, 929 985,734 4,256,304 35,661,357 223,594, 048 2017 1.064900 200,129,523 17,893,335 2,778,750 12,150,387 1,152, 175 985,734 4,583,053 39,543,434 239,672, 957 2018 1.047200 209,575,636 18,786,687 2,916,558 12,763,390 1,209, 625 985,734 4,812,892 41,474,886 251,050, 522 2019 1.045400 219,090,370 19,746,463 3,047,265 13,411,968 1,270, 257 985,734 5,058,273 43,519,960 262,610, 330 2020 1.046200 229,212,345 20,806,525 3,215,011 14,143,821 1,339, 668 985,734 5,328,686 45,819,445 275,031, 790 2021 1.041100 238,632,972 20,342,539 3,183,676 14,369,024 1,361, 402 985,734 5,405,100 45,647,475 284,280, 447 2022 1.053400 251,375,973 21,704,603 3,330,634 15,320,468 1,451, 853 0 5,559,637 12,750,000 60,117,195 311,493, 168 2023 1.068800 268,670,640 23,837,768 3,562,620 16,791,663 1,590, 735 5,777,036 8,604,000 60,163,822 328,834, 462 2024 1.039400 279,256,263 25,050,748 3,742,618 17,664,146 1,673, 845 0 5,645,200 9,770,233 63,546,790 342,803, 053 2025 1.030600 287,801,505 25,905,893 3,874,480 18,297,945 1,733, 706 0 5,821,950 10,102,578 65,736,552 353,538, 057 Appropriation
Limit After
Transferred Cost
and Add Back of
Special Taxes
Less: 1. Debt Service Appropriation

2. Inter-service Funds:

Marina Operations &
Off-Street Parking
Sanitary Sewer
Maintenance &
Refuse Collection
Appropriation Subject to Limitation
Equipment Maintenance

3. Enterprise Funds:

Subtotal
Transferred
Cost and
Special Taxes
Total City Appropriations (Per Final Amended Budget for FY 1978/79) Beginning Balances Less: Transferred Cost Add Back: Special Taxes Fiscal
Year
Warehouse

CITY OF BERKELEY

EXHIBIT B
SCHEDULE TO CALCULATE APPROPRIATION LIMITATION FOR FY 2024 (Based on the FY 2025 Proposed Budget)

4. Non-Proceeds of Taxes
Base Year 1978/79

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2025 Reaffirming the Investment Policy and Designation of Investment Authority

RECOMMENDATION
Adopt a Resolution reaffirming the Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2025.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts from accepting the revisions to the Investment Policy and renewing the delegation of authority to the Director of Finance to make investments.

CURRENT SITUATION AND ITS EFFECTS
A. FY 2025 Reaffirming the City’s Investment Policy
The City’s Statement of Investment Policies requires the City Council to annually reaffirm the Statement of Investment Policy.

B. Delegating Authority to Make Investments
The Investment Policy requires the City Council to annually confirm the delegation of investment authority to the Director of Finance.

BACKGROUND
The State statutes that govern investment activity requires the City Council to annually affirm the Investment Policy and to annually confirm the delegation of investment authority.

INVESTMENT OVERSIGHT
All investments included in the portfolio comply with the City’s adopted investment policies and State law.

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FY 2025 Revision to the Investment Policy and Designation of…………………... CONSENT CALENDAR Investment Authority JUNE 25, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Investment Policy provides opportunities to make environmentally responsible investments that support the City’s environmental sustainability goals.

RATIONALE FOR RECOMMENDATION
The State requires City Council to annually affirm the Investment Policy, and to annually confirm the delegation of investment authority to the Director of Finance.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director, Finance, 981-7326
Attachments:
1: Resolution

2. Investment Policies for Idle Pooled Cash (Effective July 1, 2024)

3. Investment Policies for Retiree Medical Plan Trust Funds (Effective July 1, 2024)

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

AFFIRMING THE INVESTMENT POLICY AND RENEWING THE DELEGATION OF

AUTHORITY TO MAKE INVESTMENTS TO THE DIRECTOR OF FINANCE WHEREAS, by Resolution No. 70,899 -N.S. dated June 27, 2023, the City Council adopted the Investment Policy for the City of Berkeley; and WHEREAS, the Statement of Investment Policies requires the Director of Finance to submit and make recommendations for amendments to the investment policy; and WHEREAS, the Director of Finance has no recommendation or amendments to the investment policy to the City Council.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley that the Council affirms the Statement of Investment Policies, and confirms the delegation of investment authority to make investments to the Director of Finance for FY 2025.

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ATTACHMENT 2
Effective July 1, 2024
City of Berkeley
Investment Policy

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1 City of Berkeley
Investment Policy
July 1, 2024
Table of Contents
I. INTRODUCTION........................................................................................................2 A. Scope of Policies ....................................................................................................2 B. Investment Objectives ............................................................................................2 C. Use of State Investment Guidelines .......................................................................6 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES............................................6 A. Authorized Investment Officers...............................................................................6 B. Internal Controls .....................................................................................................7 C. Evaluation of Investment Officer Actions ................................................................9 III. CAPITAL PRESERVATION AND RISK .....................................................................9 A. Overview.................................................................................................................9 B. Portfolio Diversification Practices ...........................................................................9 IV. ELIGIBLE FINANCIAL INSTITUTIONS....................................................................10 A. Authorized Dealers ...............................................................................................10 B. Individual Placement of Deposits..........................................................................10 V. INVESTMENT VEHICLES .......................................................................................11 A. State of California Limitations ...............................................................................11 B. City Policies ..........................................................................................................14 VI. INVESTMENT MATURITY.......................................................................................16 VII. CASH MANAGEMENT.............................................................................................16 VIII. EVALUATION OF INVESTMENT PERFORMANCE ...............................................16 IX. INVESTMENT REPORTING....................................................................................17 X. APPENDICES ..........................................................................................................19 A. Investment Portfolio – Diversification Requirements ............................................19 B. Berkeley’s ESG Investing Initiative .......................................................................20

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2 I. Introduction
Pursuant to Sections 2.44.040 and 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53607, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. The Code also directs the City to present an annual investment policy to the City Council for approval. This Investment Policy, after approval of the amendments by the City Council, will serve as the Investment Policy for the City of Berkeley for fiscal year 2019.

A. Scope of Policies
These investment policies apply to the investments of the City of Berkeley and the Rent Stabilization Board. All financial assets of any non-trust funds, including the general fund and other funds that may be created from time to time, shall be administered in accordance with the provisions of these policies.

B. Investment Objectives
The City's primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default.

Although the generation of revenues through interest earnings on investments is an appropriate City goal, the primary consideration in the investment of City funds is capital preservation in the overall portfolio. As such, the City's yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk.

The following investment objectives, in order of priority, shall be applied in the management of City funds: safety, liquidity and yield.

1. Safety of principal is the foremost objective of the investment program Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective is to mitigate credit risk and interest rate risk, summarized as follows:
a. Credit risk. This is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by:
 Limiting investments to the safest types of securities.  Determining the credit worthiness of the financial institutions, broker/dealers, and intermediaries with which the City does business.  Diversifying the investment portfolio so that potential losses on individual securities will be minimized.
b. Interest rate risk. This is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by:

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3  Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities prior to maturity; and
 Investing operating funds primarily in shorter-term securities.

2. Liquidity
No investment shall be made that could not appropriately be held to maturity without compromising liquidity requirements. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary markets (dynamic liquidity).

3. Yield
The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a reasonable return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions:
i. Liquidity needs of the portfolio require that the security be sold. ii. A security swap would improve the quality, yield, or target duration in the portfolio.

4. Responsible Investing
Investment policies of the City of Berkeley shall comply with the letter of the following ordinances, resolutions and directives:
 Nuclear-Free Berkeley Act
 Resolution No. 59,853-N.S.-Oppressive States Contract prohibition  Divestment from Gun Manufacturers and Tobacco Companies  Divestment from Publicly Traded Fossil Fuel Companies and Banks that Finance Pipelines and Fossil Fuel Infrastructure
 Divestment from Prisons Resolution No. 67,640-N.S. and Immigration Detention Companies
 Divest from Any Companies Designing, Building or Financing the U.S. – Mexico Border Wall Resolution No. 67,865-N.S.
 No Investment in Any Entity Involve in the Production and Manufacturing of Weapons-Resolution No. 68,766-N.S.
 Integrate Environmental, Social, and Governance Principles (ESG) for All Investment Decision Making Process (See Appendix B for details.)

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4 a. Nuclear-Free Berkeley Act
To the extent possible, without compromising the City’s safety, liquidity and yield objectives, it is the City’s policy to prefer investments in U.S. Agency securities.

They are preferred because of their generally higher yields and generally socially preferable uses, such as housing loans or student loans, versus investments in Treasury securities with their association with nuclear weapons.

All financial institutions, which hold deposits or investments of the City, shall file a statement with the Director of Finance indicating the percentage of the bank’s assets which are loaned to or invested in nuclear weapons agents as defined in Section 12.90 of the Nuclear-Free Berkeley Act. The Director of Finance shall use this information as a factor in selecting banks which have minimum involvement in the nuclear weapons industry. A summary of these reports shall be attached to the annual Statement of Investment Policies.  Investments in United States Treasury securities may be made by the City of Berkeley.
 The City of Berkeley shall ensure that any City funds, or any funds controlled by the City, invested or other third parties, are invested according to the provisions of this section and, to this end, shall obtain written assurances to this effect from any such trustees or third parties. b. Divestment From Publicly-Traded Fossil Fuel Companies and Companies that Provide Direct Financing or On-going Lines of Credit for the Funding of Fossil Fuel Infrastructure
The City of Berkeley has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of climate change. While fossil fuel companies provide an attractive return on investment, the City of Berkeley will suffer greater economic and financial losses from the impact of unchecked climate change. The City’s infrastructure, businesses and communities would face greater risk of damages and losses due to that climate change. The City believes that its investments should support a future where all citizens can live healthy lives without the negative impacts of a warming environment. For the purposes of the Investment Policy, a “fossil fuel company “shall be defined as any of the two hundred publicly-traded companies with the largest coal, oil and gas reserves as measured by the gigatons of carbon dioxide that would be emitted if those reserves were extracted and burned, as listed in the Carbon Tracker Initiative’s “Unburnable Carbon” report.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in fossil fuel companies or companies that provide direct financing or on-going lines of credit for the funding of fossil fuel infrastructure such as the Dakota Access Pipeline and are prohibited from making any new investments in such companies.

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5 c. Divestment from Gun Manufacturers and Tobacco Companies The City of Berkeley has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of dangerous weapons and products. There is no better role for city government than to protect people. If the City invests in companies that are putting dangerous weapons and dangerous products on our streets, then the City is part of the problem.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in gun manufacturers and tobacco companies and are prohibited from making any new investments in such companies. d. Divestment from Prisons and Immigration Detention Companies The prison and immigration detention industry reaps large monetary benefits from the imprisonment of these communities. Prison companies admit that their companies benefit from high incarceration rates. With the increasing economic benefits that come with commodifying human lives, the City of Berkeley should divest from prison and immigration detention companies to make a statement that the industry harms human lives and degrades them as monetary investment.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in Prisons and Immigration Detention Companies and are prohibited from making any new investments in such companies. e. Divestment from any Companies Designing, Building or Financing the U.S.- Mexico Border Wall - Resolution No. 67,865-N.S.

The City of Berkeley is strongly opposed to the construction of a border wall between the United States and Mexico as called for in Presidential Executive Order 13767. Immigration has been part of this country's history since its inception. Construction of a border wall with tightened security will harm refugees who are feeling violence and conflict in Central American countries including Honduras and El Salvador. A border wall would increase international tensions and cause environmental damage by increasing emissions, cutting off natural water flows, and disturbing wildlife migration routes. The wall would cut through ancestral native lands and would significantly disrupt tribal communities. In addition, construction of a wall would be huge financial burden to taxpayers.

Therefore, to ensure that local tax dollars in no way support the construction of the proposed border wall, the City of Berkeley will divest from all companies involved with designing, building, and financing the border wall.

Staff responsible for managing the City's investment portfolio are directed to divest all city funds from companies that design, build or finance the U.S.-Mexico border wall as called for in Presidential Executive Order 13767, and are prohibited from making any new investments in such companies.

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6 f. No Investment in Any Entity Involve in the Production and Manufacturing of Weapons-Resolution No. 68,766-N.S.

The City of Berkeley joins the cities nationwide that oppose militarism and violence, and encourages other cities to follow Berkeley’s lead. U.S. weapons manufacturers continue to supply repressive regimes around the world and U.S. produced weapons are being used in attacks that the international community deems unlawful for their disproportionate and excessive harm to civilians.

Staff responsible for managing the City's investment portfolio are directed to divest all City funds from companies that are involved in the production or manufacturing of weapons and weapons system, whether conventional or nuclear and including the manufacture of civilian arms.

These guidelines apply to all cash-equivalent assets included within the scope of the City's audited financial statements and held either directly by the City or held and invested by fiscal agents.
g. Integrate Environmental, Social, and Governance Principles (ESG) for All Investment Decision Making Process (See Appendix B for details.) This combines environmental, social, and governance issues with traditional financial factors in the investment decision-making process. ESG investing helps cities like Berkeley to benefit from both impact driven and financially prudent investments. ESG principles would put Berkeley’s values into our investment dollars.

C. Use of State Investment Guidelines
Government Code Sections 16481.2, 53601, 53607, 53635, and 53646 of the State of California regulate the investment practices. It is the policy of the City of Berkeley to use the State's provisions for local government investments as the base for developing and implementing the City's investment policies and practices.

As required under Government Code Sections 16481.2 and 53646, the Statement of Investment Policies will be reviewed by the Council annually.

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7 II. Investment Authority and Responsibilities
A. Authorized Investment Officers

1. Idle Funds
Pursuant to Sections 2.44.040, 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. Responsibility for the operation of the investment program is hereby delegated to the Director of Finance, who shall carry out established written procedures and internal controls for the operation of the investment program consistent with this plan. Procedures should include references to: safekeeping, delivery versus payment basis of settling transactions, investment accounting, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts. In the exercise of this responsibility, the authority to perform specific investment tasks and duties is delegated as follows:
• Treasury Manager/Revenue Collection Manager. In the absence, and under the direction, of the Finance Director, to invest idle funds on a daily basis as required for cash flow purposes pursuant to the requirements of the Statement of Investment Policies.
• Senior Accountant or Accounting Manager. To execute necessary investment documents, and obtain the approval of the Director of Finance to authorize wire transfers and execute bank authorizations.
• Deputy City Manager. To execute necessary investment documents, authorize wire transfers; execute bank authorization in absence of the Director of Finance, Treasury Manager/ Revenue Collection Manager, Senior Accountant, and the Accounting Manager.

B. Internal Controls
The Director of Finance shall establish a system of internal controls designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Berkeley. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. These controls shall include:
• Separation of transaction authority from accounting and physical custody.

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8 • By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.
• Also, securities purchased from any bank or dealer including appropriate collateral (as defined by State Law), shall be placed with an independent third party for custodial safekeeping.
• Avoidance of physical delivery of securities by using a delivery versus payment “Basis of Settlement Only.”
• All trades will be executed on a delivery versus payment (DVP) basis. This ensures that securities are delivered to the City’s safekeeping bank at the same time the funds are released by the City’s safekeeping bank.
• Third-Party custodial safekeeping of securities held in the name of the City. Delivered securities must be properly safeguarded against loss or destruction. Book entry securities are recorded in electronic records and the potential for fraud and loss increases with physically delivered securities. All investment securities, except collateralized certificates of deposit and money market funds, purchased by the City will be delivered by either book entry or physical delivery and will be held in third- party safekeeping by a City-approved custodian bank, its correspondent New York Bank or the Depository Trust Corporation (DTC). Whenever possible, securities purchased are to be recorded in “book entry” form.
• All securities and applicable collateral will be held by the City’s third party custodian and evidenced by safekeeping receipts. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City by the custodian bank to acknowledge that the securities are held in the Federal Reserve system in a “customer account” for the custodian bank which names the City as “customer”; The Director of Finance will require each approved safekeeping financial institution to submit a copy of its Consolidated Report of Condition and Income (Call Report) to the City within 60 days after the end of each calendar quarter.
• Competitive bidding on investment transactions. Before the City invests in any secondary market funds, competitive bids shall be requested. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, bids will be requested from at least three financial institutions for instruments which meet the maturity requirement. If no specific maturity is required, a yield curve analysis will be conducted to determine which maturities would be most advantageous.
• Written confirmation and documentation of all financial transactions.

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9 • Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. • Rapid deposit of funds received by the City (i.e., large checks.) • Bonding of all investment officials.

C. Evaluation of Investment Officer Actions
Section 53600.3 of the Government Code identifies trustees as those persons authorized to make investment decisions on behalf of a local agency. As a trustee, the standard of prudence to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this plan.

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity.

III. Capital Preservation and Risk
A. Overview
Some level of risk is inherent in any investment transaction. Losses may be incurred due to issuer default, market price changes, or technical cash flow complications such as investments in non-marketable certificates of deposit. Diversification of the City's portfolio by institution, investment vehicle, and maturity term is the primary tool available to the City in minimizing investment risk and capital losses by safeguarding the overall portfolio from any individual loss.

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10 B. Portfolio Diversification Practices
The following sections summarize the City's major portfolio diversification practices and guidelines in determining:
• Authorized Dealers
• Investment Vehicles
• Investment Maturity
Portfolio limitations included in these guidelines are to be based on the portfolio composition and investment management plan policies in effect at the time of placement; the actual composition of the City's investments may vary over time from plan limitations due to overall portfolio changes from when the individual placement was made as well as changes in the City's investment management plan
IV. Eligible Financial Institutions
A. Authorized Dealers
• Investments shall be purchased only through well-established, financially sound institutions. The Finance Director shall maintain a list of financial institutions and broker/dealers approved for investment. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions will be given a copy of the City’s Statement of Investment Policies, and a return cover letter which must be signed indicating that the Statement of Investment Policies has been read and understood.

Qualified financial institutions and broker/dealers must supply the Director of Finance with the following:
o Financial Institutions
 Current audited financial statements Depository contracts, as appropriate  A copy of the latest FDIC call report or the latest FHLBB report, as appropriate.
o Broker/Dealers
 Current audited financial statements
 Proof that brokerage firm is a member in good standing with a national securities exchange.
• Except for repurchase agreements, investments shall be awarded based on competitive bids. Documentation relating to investment quotes shall be maintained by the Finance Department for a period of one year.

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11 B. Individual Placement of Deposits
Individual placement of negotiable, collateralized, and other time certificates of deposit with eligible financial institutions shall be based on the following practices and procedures:
• Deposits shall only be placed with financial institutions maintaining offices within the City of Berkeley.
• Unless collateralized by eligible securities as provided in Sections 53651 and 53652 of the Government Code, the maximum amount of Certificates of Deposit to be placed with any single institution is $250,000.

V. Investment Vehicles
A. State of California Limitations
As provided in Sections 53601, 53635, and 16429.1 of the Government Code, the State of California limits the investment vehicles available to local agencies to the following:

1. U.S. Treasury Instruments
As authorized in Government Code Section 53601(b), this category includes bills, notes, bonds or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There are no portfolio limitations on the amount.

2. Government Sponsored Enterprises
As authorized in Government Code Section 53601(f), this category includes a wide variety of government securities. These securities include U. S. government- sponsored enterprise obligations, such as issues by the Federal National Mortgage Association (FNMA's), Federal Home Loan Bank (FHLB), Federal Farm Credit (FFCB), Student Loan Marketing Association (SLMA), etc. There are no portfolio limitations on the amount.

3. Municipal Securities
As authorized in Government Code Section 53601(a)(c)(d)(e), this category includes obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
• The securities are rated “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed five years.

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12 4. Banker's Acceptances
As provided in Government Code Section 53601(f)g, 40% of the City's portfolio may be invested in Banker's Acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days.

5. Commercial Paper
Commercial paper is a short-term, unsecured promissory note issued by financial and non- financial companies to raise short-term cash. As provided in Government Code Section 53601(h) up to 25% of the City's portfolio may be invested in "prime" commercial paper of the highest ranking or of the highest letter and number rating as provided by a nationally recognized statistical-rating organization (i.e., Moody's or Standard and Poor's or Fitch), with maturities not to exceed 270 days. The issuer must have total assets in excess of $500 million, and have debt other than Commercial Paper rated “A” or higher by a nationally recognized statistical-rating organization.

6. Negotiable Certificates of Deposit
Negotiable certificates of deposit are a fixed deposit certificate that may be negotiated (traded) to a third party. The institution issuing the certificate promises to pay the holder the initial investment plus the interest rate stated on the certificate at maturity. As authorized in Government Code Section 53601(i), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks, thrifts and foreign banks.

7. Repurchase Agreements
Repurchase agreements are agreements between the local agency and seller for the local agency to purchase government securities to be resold back to the seller at a specific date and for a specific amount and are authorized by Government Code Section 53601(j). Although the legal maximum maturity on these investments is 360 days, repurchase agreements are generally short-term investments varying from one day to two weeks. Investments in repurchase agreements must be collateralized, and collateral required for repurchase agreements is limited to Treasury and Agency securities. In order to anticipate market changes and provide a level of security for all funds, the required collateralization level is 102% of market value of principal and accrued interest.

8. Reverse Repurchase Agreements
Reverse repurchase agreements are a sale of securities by the local agency with a simultaneous agreement for the local agency to repurchase the securities on or before a specified date. As provided in Government Code section 53635(j), reverse repurchase agreements require the prior approval of the City Council. Reverse repurchase agreements can only be made with primary dealers of the Federal

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13 Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with the local agency. There are no portfolio limitations on the amount for these investments.

9. Medium-Term Corporate Notes
As authorized in Government Code Section 53601(k), local agencies may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. The maximum remaining maturity is limited to five years, and the amount invested must not exceed 30% of the agency's portfolio.

10. Shares of Beneficial Interest Issued By Diversified Management Companies As authorized in Government Code Section 53601(l), local agencies are also authorized to invest in shares of beneficial interest issued by diversified management companies (i.e., mutual funds) as defined in Section 23701(m) of the Revenue and Taxation Code in an amount not to exceed 20% of the agency's portfolio.

11. Financial Futures and Financial Option Contracts
As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations.

12. Time Certificates of Deposit
As authorized in Government Code Section 53635, time certificates of deposit are fixed term, non-negotiable investments which are required to be collateralized 110% by eligible pooled securities. The pool is administered by the State, and is composed of a wide variety of government securities, secured by first mortgages on improved residential property located in the State. There are no portfolio limits on the amount; however the maturity period for this investment vehicle may not exceed five years unless approved by the Council.

13. Local Agency Investment Fund
As authorized in Government Code Section 16429.1, local agencies may invest in the Local Agency Investment Fund (LAIF), a pooled investment fund managed by the State Treasurer’s Office. It operates like a money market fund, but is for the exclusive benefit of governmental entities within the State. The current maximum amount of money that may be invested is $40 million.

14. Moneys Held By A Trustee Or Fiscal Agent
As authorized in Government Code Section 53601(m), debt proceeds held by a trustee or fiscal agent, which are pledged to the payment or security of bonds or other indebtedness may be invested in accordance with the statutory provisions governing the issuance of those bonds or other agreement; or to the extent not

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14 inconsistent with statutory provisions, or if there are no specific statutory provisions, investments may be made in accordance with the ordinance, resolution, indenture, or agreement of the local agency for the issuance.

This category includes investment agreements approved in writing by insurance companies, supported by appropriate opinions of counsel with notice to Standard and Poor’s.

15. Other Secured Notes, Bonds Or Other Obligations
As authorized in Government Code Section 53601(n), notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities.

16. Mortgage Pass Through, Collateralized Mortgage Obligation, Mortgage-backed Bond, Equipment Lease-backed Certificate, Consumer Receivable Pass through Certificate, and Consumer Receivable-backed Bond As authorized in Government Code Section 53601(o), securities in this category must be rated “AA” or its equivalent or better by a nationally recognized rating service. Purchases may not exceed 20% of the agency’s portfolio.

17. Public Bank Obligations
As authorized in Government Code Section 53601(r),53635(c), and 57603 local agencies may invest on commercial paper, debt securities or other obligations of a public bank. The maximum remaining maturity is limited to five years.

B. City Policies

1. Allowable Investment Vehicles and Restrictions
The Director of Finance/City Treasurer is authorized to invest in any of the investment vehicles allowed by Sections 53601, 53635 and 16429.1 of the Government Code above, with the following limitations:

Financial futures; option contracts, floaters, inverse floaters, range notes, interest-only strips that are derived from a pool of mortgages, or any security that could result in zero interest income if held to maturity may not be purchased. Exclusion of these vehicles is consistent with the City's overall objective of achieving reasonable yields on public funds while minimizing risk and capital losses. Although the potential exists for greater interest yields with these vehicles, it is believed that the potential level of risk exceeds their benefits except in very limited circumstances.
• Reverse repurchase agreements shall be entered into only to effect a “matched” transaction whereby the proceeds of the reverse are reinvested for the same

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15 period as the term of the reverse repurchase agreement. • Funds will only be invested in negotiable Certificates of Deposit that are fully insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC) in amounts up to $250,000 (including interest).
• The authority to invest in certain securities is restricted by the provisions of the section entitled “Responsible Investing”.
• No more than 45% of the portfolio may be invested in callable agency or government- sponsored enterprise securities.
• Commercial paper is limited to a maturity of 180 days, and the issuer must have the highest rating from two nationally recognized rating agencies, not one (as required by the State).
• The greater of $5 million or 2% of the short-term portfolio can be in the commercial paper of any single corporation or group under essentially common ownership or control.

• Purchases of such corporate notes as mortgage pass through, collateralized mortgage obligation, mortgage-backed bond, equipment lease-backed certificate, consumer receivable pass through certificate and consumer receivable-backed bond must be rated “Aa” or AA or its equivalent or better by a nationally recognized rating service. As authorized in Government Code Section 53601(j), staff may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. The amount invested must not exceed 30% of the agency's portfolio.
• No investment shall be made which involve a “hidden” reduction in the investment rate or yield in order to subsidize other investment programs. For example, the City invests $10,000,000 for a year at a rate of 1% less than “market” rates.
• Up to 100% of the portfolio may be placed in money market accounts.

See Appendix A for the Investment Portfolio/Diversification Requirements, which lists the maximum amounts that may be invested in the various investment types and the maximum authorized maturities.

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16 2. Term
Reserve funds from the proceeds of debt issues may be invested by the Director of Finance/City Treasurer in government agency securities with terms exceeding five (5) years, if the maturity of such investments are made to coincide as nearly as practicable with the life of the debt issue. A maximum of 30 percent of the par value of the portfolio may be invested in a stated maturity of up to 10 years.

3. New Investments
No new types of investments will be purchased for the first time without at least two weeks notification to the City Council. For example, although Mortgage Pass through securities are authorized investments, none will be purchased for the first time without such prior City Council notification.

VI. Investment Maturity
In addition to the risks associated with the credit-worthiness of the financial institution and the security of the investment vehicle, the maturity period of investments is also a significant consideration in the management of the City's portfolio. In order to minimize the impact of market risk, it is intended that all investments will be held until maturity. Investments may be sold prior to maturity for cash flow or appreciation purposes; however, no investment shall be made based solely on yields resulting from anticipated capital gains.

Also, except for debt proceeds, a maximum of 30 percent of the par value of the portfolio may exceed five years.

VII. Cash Management
To achieve a reasonable return on public funds, the following cash management practices will be followed:
• Maintain maximum investment of all City funds not required to meet immediate cash flow needs while maintaining adequate compensating balances as required under the City's banking services agreement.
• Pool resources available for investment from all City-administered funds, with interest earnings allocated to each of the funds in accordance with generally accepted accounting principles.
• Maximize the City's cash flow through the immediate deposit of all cash receipts, use of direct deposits and wire transfers when available, and appropriate timing of payments to vendors.

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17 • Maximize the cash flow information available through the use of only one operating bank account.

VIII. Evaluation of Investment Performance
As indicated in the Introduction section of this document, it is the City's primary investment objective to achieve a reasonable rate of return on public funds while minimizing risks and preserving capital. In evaluating the performance of the City's portfolio in achieving this objective, it is expected that yields on City investments will regularly meet or exceed the average return on the State Local Agency Investment Fund (LAIF).

IX. Investment Reporting
Consistent with Sections 16481.2 and 53646 of the Government Code, the Department of Finance shall submit an annual Statement of Investment Policies to the Council for consideration at a public meeting.

In addition to the submittal of an annual Statement of Investment Policies, the Department of Finance shall provide the Council with a quarterly and annual investment report providing the following information for each investment or security:
• Issuer or broker/dealer (financial institution)
• Type of investment
• Certificate or other reference number if applicable
• Percentage yield on an annualized basis
• Purchase date
• Maturity date for each investment and the weighted average maturity of all the investments within the portfolio
• Current book value
• Current market value
• Total cost and market value, including source of this valuation, of the City's portfolio
• A description of the compliance with the Statement of Investment Policies • An evaluation of investment operations for the preceding year. This shall include an evaluation of how well the objectives have been achieved: the accuracy of forecasting expenditures and revenues, as well as a comparison of the average returns on the investment portfolio with that of the Local Agency Investment Fund (LAIF).
• Report of investments. The Director of Finance shall prepare a report that provides a clear status of the current investment portfolio and transactions. The report will be prepared in a manner which allows the City Manager and Council to ascertain whether investment activities during the reporting period have conformed to the investment policies.

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18 • Summary of key or unusual events, including but not limited to:
 Any exceptions to policies;
 Adherence to or deviations from social investment goals;  Purchases of Treasury securities, other than in repurchase agreements with maturities of seven days or less;
 Purchases of securities that exceed maturity limits;
 Sales of securities more than three months before maturity;  Changes in investment procedures, dealers, staff, etc. • Investment performance:
 A glossary, defining all funds or accounts referred to elsewhere in the report; and a listing of banks, securities dealers and custodians that the City has had investment transactions during the period.  A summary of the certifications for deposits of City funds.  Other information regarding the City's portfolio as appropriate The Quarterly Investment Report shall include all investments as of the end of the quarter from all funds held in the City's portfolio, and shall be issued within 60 days after the end of the quarterly reporting period to the City Manager, and the City Council; the annual report shall be issued within 90 days after the end of the fiscal year to the City Manager, and the City Council.

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19 X. Appendices
A. Investment Portfolio – Diversification Requirements
Investment Portfolio
Diversification Requirements
Investment Instrument Maximum Amount of Portfolio
Maximum
Length to
Maturity
Bank / Time Deposit Accounts 100% 5 Years
Money Market Deposit Accounts 100% N/A
Repurchase Agreements 10% 1 Year
Reverse Repurchase Agreements 10% 7 Days
Bankers Acceptances 40% 7 Days
U.S. Government Securities (Treasury Bills,
Notes, and Bonds)
100% 10 Years
U.S. Government Agency Securities by
Agency
100% 10 Years
Certificates of Deposit (Negotiable) 30% 10 Years
Municipal Bonds 100% 5 Years
Commercial Paper 25% 180 Days
Medium Term Notes 30% 10 Years
Public Bank Obligations 10% of Unrestricted Investments 5 Years

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20 B. Berkeley’s ESG Investing Initiative

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ATTACHMENT 3

CITY OF BERKELEY

INVESTMENT POLICY

FOR RETIREE MEDICAL PLAN TRUST FUNDS
Effective July 1, 2024

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City of Berkeley

INVESTMENT POLICIES FOR RETIREE MEDICAL PLAN

TRUST FUNDS
July 1, 2024
Table of Contents
I. Introduction
A. Scope of Policies ..................................................................................................................................1 B. Investment Objectives ..........................................................................................................................1 C. Use of State Investment Guidelines.....................................................................................................2 II. Investment Authority and Responsibilities
A. Authorized Investment Officers...........................................................................................................2 B. Internal Controls...................................................................................................................................2 C. Evaluation of Investment Officer Actions...........................................................................................3 III. Capital Preservation and Risk
A. Overview ..............................................................................................................................................4 B. Portfolio Diversification Practices.......................................................................................................4 IV. Eligible Financial Institutions
A. Authorized Dealers...............................................................................................................................5 B. Individual Placement of Deposits ........................................................................................................5 V. Investment Vehicles
A. State of California Limitations.............................................................................................................6 VI. Investment Maturity....................................................................................................................................10 VII. Cash Management......................................................................................................................................10 VIII. Evaluation of Investment Performance..................................................................................................10 IX. Investment Reporting..................................................................................................................................10 Appendix
A. Investment Portfolio—Diversification Requirements ......................................................................12

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1 I. INTRODUCTION
Pursuant to Sections 2.44.040 and 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53607, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. The Code also directs the City to present an annual investment policy to the City Council for approval. This Investment Policy, after approval of the amendments by the City Council, will serve as the Investment Policy for the City of Berkeley for the subsequent fiscal year.

Notwithstanding Section 53601 or 53635, the governing body of a local agency may invest funds designated for the payment of employee retiree health benefits in any form or type of investment deemed prudent by the governing pursuant to Section 53622. The authority of the governing body to invest or to reinvest funds intended for the payment of employee retiree health benefits, or to sell or exchange securities purchased for that purpose, may be delegated by the governing body to designated officers. The City Council has designated the Director of Finance, the Treasurer of the City, or his/her designee, the authority to make investments of the City’s retiree medical plan trust funds.

Funds intended for the payment of employee retirement health benefits shall only be held for the purpose of providing benefits to participants in the retiree health benefit plan and defraying reasonable expenses of administering that plan.

The governing board or designated officer, when making investments of the funds, shall discharge its duties with respect to the investment of the funds. (1) Solely in the interest of, and for the exclusive purposes of providing benefits to, participants in the retiree health benefit plan, minimizing employer contributions thereto, and defraying reasonable expenses of administering the plan. (2) With care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims. (3) Shall diversify the investments of the funds so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so.

A. SCOPE OF POLICIES
These investment policies apply to the investments of the Retiree Medical Plan Trust Funds.

B. INVESTMENT OBJECTIVES
The Treasurer adheres to the principle which maintains that over the long-term, prudent investment risk-taking may be rewarded with higher incremental returns. Consequently, while capital preservation (i.e., Safety) is regarded to be of paramount importance, the Treasurer regards prudent risk-taking as justifiable.

C. USE OF STATE INVESTMENT GUIDELINES

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2 As required under Government Code Sections 16481.2 and 53646, the Statement of Investment Policies will be reviewed by the Council annually.

II. INVESTMENT AUTHORITY AND RESPONSIBILITIES
A. AUTHORIZED INVESTMENT OFFICERS

1. Retiree Medical Trust Funds:

A Trust is to be established by the City for the purpose of holding and investing assets separate and apart from the other funds of the City to fund the benefits of the Program. The specific terms governing the Trust are to be set forth in a separate trust instrument.  The trustee of the Trust (the “Trustee”) may be the City Treasurer (i.e., Director of Finance) or an independent third party qualified to act as a trustee under California law and designated by the City.
 The Trustee shall be a fiduciary of the Program and shall act solely in the interest of the Participants, minimizing employer contributions to the Trust, and defraying reasonable expenses of administering the Program.
 The City Manager may, with the written concurrence of the City Council, appoint an “investment manager” (as that term is defined in section 3(38) of the Employee Retirement Income Security Act) to have responsibility for investment of the Trust assets. In this case, the Trustee shall act as directed by the investment manager. The investment manager shall act as a fiduciary of the Program and shall act with the same duties and responsibilities set out in “Investment Objectives” section above.

B. INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls designed to prevent losses of trust funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Berkeley. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. These controls shall include:
 Separation of transaction authority from accounting and physical custody.  By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.
 Also, securities purchased from any bank or dealer including appropriate collateral (as defined by State Law), shall be placed with an independent third party for custodial safekeeping.
 Avoidance of physical delivery of securities by using a delivery versus payment “Basis of Settlement Only”.
 All trades will be executed on a delivery versus payment (DVP) basis. This ensures that securities are delivered to the City’s safekeeping bank at the same time the funds

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3 are released by the City’s safekeeping bank.
 Third-Party custodial safekeeping of securities held in the name of the City.

Delivered securities must be properly safeguarded against loss or destruction. Book entry securities are recorded in electronic records and the potential for fraud and loss increases with physically delivered securities. All investment securities, except collateralized certificates of deposit and money market funds, purchased by the City will be delivered by either book entry or physical delivery and will be held in third- party safekeeping by a City-approved custodian bank, its correspondent New York Bank or the Depository Trust Corporation (DTC). Whenever possible, securities purchased are to be recorded in “book entry” form.
 All securities and applicable collateral will be held by the City’s third party custodian and evidenced by safekeeping receipts. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City by the custodian bank to acknowledge that the securities are held in the Federal Reserve system in a “customer account” for the custodian bank which names the City as “customer”; The Director of Finance will require each approved safekeeping financial institution to submit a copy of its Consolidated Report of Condition and Income (Call Report) to the City within 60 days after the end of each calendar quarter.
 Competitive bidding on investment transactions. Before the City invests in any secondary market funds, competitive bids shall be requested. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, bids will be requested from at least three financial institutions for instruments which meet the maturity requirement. If no specific maturity is required, a yield curve analysis will be conducted to determine which maturities would be most advantageous.
 Written confirmation and documentation of all financial transactions.  Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures.  Rapid deposit of funds received by the City (i.e., large checks.)  Bonding of all investments officials.

C. EVALUATION OF INVESTMENT OFFICER ACTIONS
Section 53600.3 of the Government Code identifies trustees as those persons authorized to make investment decisions on behalf of a local agency. As a trustee, the standard of prudence to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this plan.

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4 Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity.

III. CAPITAL PRESERVATION AND RISK
A. OVERVIEW
The Treasurer adheres to the principle which maintains that over the long-term, prudent investment risk-taking may be rewarded with higher incremental returns. Consequently, while capital preservation (i.e., Safety) is regarded to be of paramount importance, the Treasurer regards prudent risk-taking as justifiable.

Some level of risk is inherent in any investment transaction. Losses may be incurred due to issuer default, market price changes, or technical cash flow complications such as investments in non-marketable certificates of deposit. Diversification of the City's portfolio by institution, investment vehicle, and maturity term is the primary tool available to the City in minimizing investment risk and capital losses by safeguarding the overall portfolio from any individual loss.

B. PORTFOLIO DIVERSIFICATION PRACTICES
The following sections summarize the City's major portfolio diversification practices and guidelines in determining:
 Authorized Dealers
 Investment Vehicles
 Investment Maturity
Portfolio limitations included in these guidelines are to be based on the portfolio composition and investment management plan policies in effect at the time of placement; the actual composition of the City's investments may vary over time from plan limitations due to overall portfolio changes from when the individual placement was made as well as changes in the City's investment management plan.

IV. ELIGIBLE FINANCIAL INSTITUTIONS
A. AUTHORIZED DEALERS

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5  Investments shall be purchased only through well-established, financially sound institutions. The Finance Director shall maintain a list of financial institutions and broker/dealers approved for investment. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions will be given a copy of the City’s Statement of Investment Policies, and a return cover letter which must be signed indicating that the Statement of Investment Policies has been read and understood.

Qualified financial institutions and broker/dealers must supply the Director of Finance with the following:

Financial Institutions
Current audited financial statements
Depository contracts, as appropriate
A copy of the latest FDIC call report or the latest FHLBB report, as appropriate.

Broker/Dealers
Current audited financial statements
Proof that brokerage firm is a member in good standing with a national securities exchange.
 Except for repurchase agreements, investments shall be awarded based on competitive bids. Documentation relating to investment quotes shall be maintained by the Finance Department for a period of one year.

B. INDIVIDUAL PLACEMENT OF DEPOSITS
Individual placement of negotiable, collateralized, and other time certificates of deposit with eligible financial institutions shall be based on the following practices and procedures:
 Deposits shall only be placed with financial institutions maintaining offices within the City of Berkeley.
 Unless collateralized by eligible securities as provided in Sections 53651 and 53652 of the Government Code, the maximum amount of Certificates of Deposit to be placed with any single institution is $250,000.

V. INVESTMENT VEHICLES
The governing body of a local agency may invest funds designated for the payment of employee retiree health benefits in any form or type of investment deemed prudent by the governing pursuant to Section 53622. Some of the investment vehicles the City Council has authorized are the following:

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6 1. U.S. Treasury Instruments
As authorized in Government Code Section 53601(b), this category includes bills, notes, bonds or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There are no portfolio limitations on the amount.

2. Government Sponsored Enterprises
As authorized in Government Code Section 53601(f), this category includes a wide variety of government securities. These securities include U. S. government-sponsored enterprise obligations, such as issues by the Federal National Mortgage Association (FNMA's), Federal Home Loan Bank (FHLB), Federal Farm Credit (FFCB), Student Loan Marketing Association (SLMA), etc. There are no portfolio limitations on the amount.

3. Municipal Securities
As authorized in Government Code Section 53601(a)(c)(d)(e), this category includes obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
• The securities are rated “A” or higher by at least one nationally recognized statistical rating organization.
•
• There are no limitations on the amount or period.

4. Banker's Acceptances
As provided in Government Code Section 53601(f)g, 40% of the City's portfolio may be invested in Banker's Acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days.

5. Commercial Paper
Commercial paper is a short-term, unsecured promissory note issued by financial and non- financial companies to raise short-term cash. As provided in Government Code Section 53601(h) up to 25% of the City's portfolio may be invested in "prime" commercial paper of the highest ranking or of the highest letter and number rating as provided by a nationally recognized statistical-rating organization (i.e., Moody's or Standard and Poor's or Fitch), with maturities not to exceed 270 days. The issuer must have total assets in excess of $500 million, and have debt other than Commercial Paper rated “A” or higher by a nationally recognized statistical-rating organization.

6. Negotiable Certificates of Deposit
Negotiable certificates of deposit are a fixed deposit certificate that may be negotiated (traded) to a third party. The institution issuing the certificate promises to pay the holder the initial investment plus the interest rate stated on the certificate at maturity. As authorized in Government Code Section 53601(i), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks, thrifts and foreign banks.

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7 7. Repurchase Agreements
Repurchase agreements are agreements between the local agency and seller for the local agency to purchase government securities to be resold back to the seller at a specific date and for a specific amount and are authorized by Government Code Section 53601(j). Although the legal maximum maturity on these investments is 360 days, repurchase agreements are generally short-term investments varying from one day to two weeks. Investments in repurchase agreements must be collateralized, and collateral required for repurchase agreements is limited to Treasury and Agency securities. In order to anticipate market changes and provide a level of security for all funds, the required collateralization level is 102% of market value of principal and accrued interest.

8. Reverse Repurchase Agreements
Reverse repurchase agreements are a sale of securities by the local agency with a simultaneous agreement for the local agency to repurchase the securities on or before a specified date. As provided in Government Code section 53635(j), reverse repurchase agreements require the prior approval of the City Council. Reverse repurchase agreements can only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with the local agency. There are no portfolio limitations on the amount for these investments.

9. Medium-Term Corporate Notes
As authorized in Government Code Section 53601(k), local agencies may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. There are no portfolio limitations for these investments.

10. Shares of Beneficial Interest Issued By Diversified Management Companies As authorized in Government Code Section 53601(l), local agencies are also authorized to invest in shares of beneficial interest issued by diversified management companies (i.e., mutual funds) as defined in Section 23701(m) of the Revenue and Taxation Code in an amount not to exceed 20% of the agency's portfolio.

11. Financial Futures and Financial Option Contracts
As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations.

12. Time Certificates of Deposit
As authorized in Government Code Section 53635, time certificates of deposit are fixed term, non-negotiable investments which are required to be collateralized 110% by eligible pooled securities. The pool is administered by the State, and is composed of a wide variety of government securities, secured by first mortgages on improved residential property located in the State. There are no portfolio limits on the amount; however the maturity period for this investment vehicle may not exceed five years unless approved by the Council.

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8 13. Local Agency Investment Fund
As authorized in Government Code Section 16429.1, local agencies may invest in the Local Agency Investment Fund (LAIF), a pooled investment fund managed by the State Treasurer’s Office. It operates like a money market fund, but is for the exclusive benefit of governmental entities within the State. The current maximum amount of money that may be invested is $40 million.

14. Moneys Held By A Trustee Or Fiscal Agent
As authorized in Government Code Section 53601(m), debt proceeds held by a trustee or fiscal agent, which are pledged to the payment or security of bonds or other indebtedness may be invested in accordance with the statutory provisions governing the issuance of those bonds or other agreement; or to the extent not inconsistent with statutory provisions, or if there are no specific statutory provisions, investments may be made in accordance with the ordinance, resolution, indenture, or agreement of the local agency for the issuance.

This category includes investment agreements approved in writing by insurance companies, supported by appropriate opinions of counsel with notice to Standard and Poor’s.

15. Other Secured Notes, Bonds Or Other Obligations
As authorized in Government Code Section 53601(n), notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities.

16. Mortgage Pass Through, Collateralized Mortgage Obligation, Mortgage-backed Bond, Equipment Lease-backed Certificate, Consumer Receivable Pass through Certificate, and Consumer Receivable-backed Bond
As authorized in Government Code Section 53601(o), securities in this category must be rated “AA” or its equivalent or better by a nationally recognized rating service. Purchases may not exceed 20% of the agency’s portfolio.

In addition to the authorized investments above, the following investments may be made by Retiree Medical plan funds:
 Up to 100% of the retiree medical plans funds may be invested in equity mutual funds 1 or equity index funds2, preferred stock3 and bond funds 4. 1Equity Mutual Fund – A financial intermediary that allows a group of investors to pool their money together with a predetermined investment objective. The mutual fund will have a fund manager who is responsible for investing the pooled money into specific securities. When you invest in a mutual fund, you are buying shares of the mutual fund and become a shareholder of the fund. They are very cost effective, as the fund can purchase securities with much lower trading costs then an individual investor. But the biggest advantage to mutual funds is diversification.
2Equity Index Fund – A mutual fund that attempts to copy the performance of a stock market index. The most common index fund tries to track the S&P 500 by purchasing all 500 stocks

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9 using the same percentages as the index. Index funds have lower fees because computers do most of the work. There is no need to hire an expensive fund manager or research analysts.

Index funds can have an expensive ratio as low as .18%, while actively managed funds can have an expense ratio over 3%. Over the long-term, the S&P 500 beats the returns of 80% of actively managed funds.
3Preferred Stock – A hybrid between common stock and a bond. Each share of preferred stock is normally paid a guaranteed dividend that receives first priority (i.e., the common stockholders cannot receive a dividend until the preferred dividend has been paid in full) and has priority over the common stockholders relative to the company’s assets in the event of bankruptcy.
4Bond Fund- A bond fund is a more efficient way of investing in bonds than buying individual securities. Bond mutual funds are just like stock mutual funds in that you put your money into a pool with other investors, and a professional invests that pool of money according to what he or she thinks the best opportunities are. They are very cost effective, as the fund can purchase securities with much lower trading costs then an individual investor. But the biggest advantage to mutual funds is diversification.

Some of the investment vehicles that are Unallowable Investment Vehicles and Restrictions:

The Director of Finance/City Treasurer is not authorized to invest in any of the following investment vehicles:

Financial futures; option contracts, floaters, inverse floaters, range notes, interest-only strips that are derived from a pool of mortgages, or any security that could result in zero interest income if held to maturity may not be purchased. Exclusion of these vehicles is consistent with the City's overall objective of achieving reasonable yields on public funds while minimizing risk and capital losses. Although the potential exists for greater interest yields with these vehicles, it is believed that the potential level of risk exceeds their benefits except in very limited circumstances.

See Appendix A for the Investment Portfolio/Diversification Requirements, which lists the maximum amounts that may be invested in the various investment types and the maximum authorized maturities.

In accordance with Government Code Sections 53620-53622, the assets of the City of Berkeley Retiree Medical Plan Trust may be invested in any form or type of investment deemed prudent by the City Council.The maximum maturity for Retiree Medical Plan Trust funds is 30 years.

VI. CASH MANAGEMENT
To achieve a reasonable return on public funds, the following cash management practices will be followed:
 Maintain maximum investment of all City funds not required to meet immediate cash flow needs.

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10  Maximize the City's cash flow through the immediate deposit of all cash receipts, use of direct deposits and wire transfers when available, and appropriate timing of payments to vendors.  Maximize the cash flow information available through the use of only one operating bank account.

VII. EVALUATION OF INVESTMENT PERFORMANCE
An actuarial study commissioned by the City many years ago determined that, in addition to City Contributions, an average rate of return of 7% on miscellaneous employees’ retiree medical trust fund assets invested must be achieved to fund the retiree health benefit at the desired 70% level.

Primarily as a result of the Federal Reserve Board’s decision to keep short-term rates near zero for the last 10 years, the average rate currently earned is significantly below that 7% level.

VIII. INVESTMENT REPORTING
Consistent with Sections 16481.2 and 53646 of the Government Code, the Department of Finance shall submit an annual Statement of Investment Policies to the Council for consideration at a public meeting.

In addition to the submittal of an annual Statement of Investment Policies, the Department of Finance shall provide the Council with a quarterly and annual investment report providing the following information for each investment or security:
 Issuer or broker/dealer (financial institution)
 Type of investment
 Certificate or other reference number if applicable
 Percentage yield on an annualized basis
 Purchase date
 Maturity date for each investment and the weighted average maturity of all the investments within the portfolio
 Current book value
 Current market value
 Total cost and market value, including source of this valuation, of the City's portfolio  A description of the compliance with the Statement of Investment Policies  An evaluation of investment operations for the preceding year. This shall include an evaluation of how well the objectives have been achieved: the accuracy of forecasting expenditures and revenues, as well as a comparison of the average returns on the investment portfolio with that of the Local Agency Investment Fund (LAIF).  Report of investments. The Director of Finance shall prepare a report that provides a clear status of the current investment portfolio and transactions. The report will be prepared in a manner which allows the City Manager and Council to ascertain whether investment activities during the reporting period have conformed to the investment policies.
 Summary of key or unusual events, including but not limited to:
o Any exceptions to policies;
o Adherence to or deviations from social investment goals;

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11 o Purchases of Treasury securities, other than in repurchase agreements with maturities of seven days or less;
o Purchases of securities that exceed maturity limits;
o Sales of securities more than three months before maturity; o Changes in investment procedures, dealers, staff, etc.  Investment performance;
o A glossary, defining all funds or accounts referred to elsewhere in the report; and o A listing of banks, securities dealers and custodians that the City has had investment transactions during the period.
o A summary of the certifications for deposits of City funds. o Other information regarding the City's portfolio as appropriate The Quarterly Investment Report shall include all investments as of the end of the quarter from all funds held in the City's portfolio, including funds held and invested by trustees; and shall be issued within 30 days after the end of the quarterly reporting period to the City Manager, and the City Council; the annual report shall be issued within 90 days after the end of the fiscal year to the City Manager, and the City Council.

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12 APPENDIX A

INVESTMENT PORTFOLIO
Diversification Requirements
Investment Instrument
Maximum
Amount
Of Portfolio
Maximum
Length
To Maturity
Bank / Time Deposit
Accounts 100% 5 Years
Money Market Deposit
Accounts 100% N/A
Repurchase Agreements 10% 1 Year
Reverse Repurchase
Agreements 10% 7 Days
Bankers Acceptances 40% 7 Days
U.S. Government Securities
(Treasury Bills,
Notes, and Bonds)
100% 30 Years
U.S. Government Agency
Securities by Agency 100% 30 Years
Certificates of Deposit
(Negotiable) 30% 30 Years
Municipal Bonds 100% 30 Years
Commercial Paper 25% 180 Days
Medium Term Notes 30% 30 years
In addition to the investments above, the following investments may be made by Retiree Medical plan funds:
 Up to 25% of the retiree medical plans funds may be invested in equity mutual funds 1 or equity index funds2, and preferred stock3.

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13 1Equity Mutual Fund – A financial intermediary that allows a group of investors to pool their money together with a predetermined investment objective. The mutual fund will have a fund manager who is responsible for investing the pooled money into specific securities. When you invest in a mutual fund, you are buying shares of the mutual fund and become a shareholder of the fund. They are very cost effective, as the fund can purchase securities with much lower trading costs then an individual investor. But the biggest advantage to mutual funds is diversification.
2Equity Index Fund – A mutual fund that attempts to copy the performance of a stock market index. The most common index fund tries to track the S&P 500 by purchasing all 500 stocks using the same percentages as the index. Index funds have lower fees because computers do most of the work. There is no need to hire an expensive fund manager or research analysts. Index funds can have an expensive ratio as low as .18%, while actively managed funds can have an expense ratio over 3%. Over the long-term, the S&P 500 beats the returns of 80% of actively managed funds.
3Preferred Stock – A hybrid between common stock and a bond. Each share of preferred stock is normally paid a guaranteed dividend that receives first priority (i.e., the common stockholders cannot receive a dividend until the preferred dividend has been paid in full) and has priority over the common stockholders relative to the company’s assets in the event of bankruptcy.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Agreement: City of El Cerrito Fire and Emergency Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City of El Cerrito to provide year-round automatic aid in each jurisdiction for fire, technical rescue, emergency medical, and other emergency response, rescinding Resolutions No. 68,820-N.S and 66,821-N.S. and maintaining the existing mutual response area agreement until the year-round fire and emergency services agreement is ratified.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Fire Chiefs of the City of Berkeley and El Cerrito desire to replace two memorandums of understanding dated from 2015 to provide automatic and mutual aid for fire, rescue and emergency medical service responses and station coverage during greater alarm fires.

The Kensington Fire Protection District contracts for service with the El Cerrito Fire Department. This updated agreement will provide year-round response and improve response times of fire companies in the City of Berkeley, El Cerrito and Kensington.

This agreement provides residents in each community a safety net when a local jurisdiction’s emergency resources are committed to other incidents or would otherwise be delayed in their response.

BACKGROUND
The City Council adopted Resolutions No. 68,820-N.S and 66,821-N.S. on October 21, 2014, that authorized the City Manager to negotiate and execute a mutual response agreement with the City of El Cerrito Fire Department and the Kensington Fire Protection District that provided for the exchange of fire services in the designated mutual response area.

Agreement: City of El Cerrito Fire and Emergency Services CONSENT CALENDAR June 25, 2024

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

RATIONALE FOR RECOMMENDATION
When a local jurisdiction’s emergency resources are committed to other incidents, residents who call 911 for help may experience an increased response time, which can have detrimental impacts to health, property and/or the environment. Establishing automatic and mutual aid contracts with adjacent jurisdictions to provide assistance in these situations is a core responsibility of a local fire chief.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

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

MEMORANDUM OF UNDERSTANDING: THE CITY OF EL CERRITO FOR

AUTOMATIC AID RESPONSE AND EXCHANGE OF FIRE AND EMERGENCY SERVICES; AND RESCINDING RESOLUTIONS NO. 68,820-N.S. and 66,821-N.S.

WHEREAS, resolutions No. 68,820-N.S. and 66,821-N.S. were adopted by the City Council on October 21, 2015 authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) for the exchange of fire and services with the City of El Cerrito Fire Department, and which permitted both Berkeley and City of El Cerrito Fire Department to automatically respond to incidents regardless of jurisdictional boundaries; and
WHEREAS, the Fire Chiefs of Berkeley and El Cerrito fire department’s desire to update and modify the previous MOUs; and
WHEREAS, aid shall not be used by either jurisdiction as a substitute for day-to-day full and continuing fire and emergency services protection within its own borders. The rendering of aid by one jurisdiction to another will only occur during periods when a jurisdiction’s resources are unable to handle the scope or volume of incidents; and WHEREAS, aid is to be provided for the purpose of providing adequate fire and emergency service coverage to residents within each jurisdiction and/or halting the forward progress of larger, more complex incidents; and WHEREAS, the Berkeley Fire Fighters Association Local 1227 concurs with the proposed agreement and declined to meet and confer to discuss the impacts of entering into a year-round automatic-aid response agreement with the City of El Cerrito to include fire and emergency services responses.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolutions No. 68,820-N.S. and 66,821-N.S. are hereby rescinded.

BE IT FURTHER RESOLVED that the City Manager negotiate and execute an updated Memorandum of Understanding with the City of El Cerrito for the exchange of fire, technical rescue, emergency medical, and other emergency response on a year-round basis and made a part hereof a record signature copy of said MOU to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Vector Solutions for Fire Records Management Software

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Vector Solutions using the National Purchasing Partners (NPP) contract No. PS21095 in an amount not to exceed $200,000 for Fire Department Records Management from July 1, 2024 through March 24, 2027 with one (1), three (3) year option to extend.

FISCAL IMPACTS OF RECOMMENDATION
Funding will be recommended for appropriation through the first amendment through the FY25 appropriations ordinance using funds from the Departments baseline budget including General Fund or Measure FF.

CURRENT SITUATION AND ITS EFFECTS
The Department has had a long-standing relationship with Vector Solutions and utilizes this software to maintain employee records related to fire service training and education.

BACKGROUND
On October 14, 2020 National Purchasing Partners (NPP) issued RFP No. 2050 for the procurement of “Municipal Safety Equipment and Supplies for Government”. The RFP was published in the Daily Journal of Commerce (OR) and USA Today. The RFP closed January 15, 2021 and contracts were awarded on March 5, 2021. NPP Contract No.

PS21095 with Vector Solutions started on March 24, 2021 and ends on March 24, 2027.

This is a publicly solicited contract established through an RFP process conducted by a Lead Public Agency and satisfies Berkeley’s formal competitive bid requirements.

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

RATIONALE FOR RECOMMENDATION

Contract: Vector Solutions for Fire Records Management Software

CONSENT CALENDAR
June 25, 2024

The City has a long-standing relationship and investment with Vector Solutions as the primary records management platform for fire and emergency medical services certification, training and education.

ALTERNATIVE ACTIONS CONSIDERED
None

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

Contract: Vector Solutions for Fire Records Management Software

CONSENT CALENDAR
June 25, 2024

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

CONTRACT: VECTOR SOLUTIONS FOR FIRE RECORDS MANAGEMENT

SOFTWARE
WHEREAS, the Fire Department is responsible for a wide-range of disciplines and thus conducts a broad spectrum of training and education to ensure employees are properly prepared to respond, and
WHEREAS, there are certifications, licenses, evaluations, and on-going continuing education that all have to be administered and tracked, and WHEREAS, the Department has a long-standing relationship and investment in the Records Management System provided by Vector Solutions, and WHEREAS, on October 14, 2020 National Purchasing Partners (NPP) issued RFP No. 2050 for the procurement of “Municipal Safety Equipment and Supplies for Government”. The RFP was published in the Daily Journal of Commerce (OR) and USA Today. The RFP closed January 15, 2021 and contracts were awarded on March 5, 2021, and
WHEREAS, NPP Contract No. PS21095 with Vector Solutions started on March 24, 2021 and ends on March 24, 2027. This is a publicly solicited contract established through an RFP process conducted by a Lead Public Agency and satisfies Berkeley’s formal competitive bid requirements.

NOW THEREFORE BE IT RESOLVED, by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Vector Solutions using the National Purchasing Partners (NPP) contract No. PS21095 in an amount not to exceed $200,000 for Fire Department Records Management from July 1, 2024 through March 24, 2027 with one (1), three (3) year option to extend.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Colin Arnold, Interim Assistant Fire Chief
Subject: Purchase Order: Wildfire Defense Mesh

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Wildfire Defense Mesh from June 1, 2024 until May 31, 2027 in an amount not to exceed $400,000 with an option to extend for an additional three (3) years.

FISCAL IMPACTS OF RECOMMENDATION
All funds required to pay for this contract are in the Department’s baseline operating budget. The funding source is Measure FF.

CURRENT SITUATION AND ITS EFFECTS
The Department aims to procure and provide this material to residents, based on their location in the City and the associated risk as determined by the Department.

One of the most effective methods for reducing home ignition from embers driven by wind during a wildfire is to outfit threatened homes with mesh on all vents, gutters, and decks that is specifically designed to prevent ember intrusion. Research conducted by the Insurance Institute for Business and Home Safety (IBHS) and Underwriters Laboratories National Institute for Standards and Training (UL/NIST) has established that the presence of approved mesh reduces the likelihood of ignition from ember cast, or the front of airborne, ignited material that is driven by wind ahead of the flames during a wildfire. Most homes in the Wildland Urban Interface (WUI) were built prior to a modern understanding of fire spread in the WUI environment, much of which can be mitigated by measures such as these. While other measures are also important, mesh is readily available, cost-effective, and requires little to no modification of the existing structure, making it easy for residents to complete.

BACKGROUND
Following a pilot program last year, the Fire Department has established that the distribution of home hardening mesh can be consistently and equitably distributed in a timely manner to assist residents. This mesh was cut to specific sizes and distributed by

Purchase Order: Wildfire Defense Mesh CONSENT CALENDAR
June 25, 2024

fire department personnel for residents to complete the installation themselves (or by their representatives). During this pilot program, the vendor also developed common pre-cut products that speed delivery of mesh and reduce staff time to distribute it.

Wildfire Defense Mesh began in Australia dedicated to developing a product that protected homes from wildfire. The family owned business is now based in the United States.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract will support home hardening and resiliency to the effects of wildfire, or fire spread between structures. Structure-to-structure spread, or the ignition of common residential construction due to ember cast, increases fire spread and community destruction while releasing the carbon sequestration accomplished through the wood framing of residential construction.

RATIONALE FOR RECOMMENDATION
Wildfire Defense Mesh is the only simple “do-it-yourself” mesh that has full compliance with California Building Code, 2022 Chapter 7A, 706A Vents, 706A.2 requirements; that has been tested to ASTM E2886 and ASTM E84; and that is listed by QAI Laboratories, meeting the CBA, Chapter 7A, 706A.2 requirements for WUI vents tested to ASTM E2886. Because of this competing this product is not amenable.

ALTERNATIVE ACTIONS CONSIDERED
Future building codes may require the presence of this mesh, which would then be installed gradually as structures are permitted for additional work. This process would be slow, and would be ineffective for mitigating risk in a reasonable timeframe.

CONTACT PERSON
Colin Arnold, Interim Assistant Fire Chief, (510) 981-3473 Attachments:
1: Resolution

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

PURCHASE ORDER: WILDFIRE DEFENSE MESH
WHEREAS, the Fire Department aims to procure and provide this material to residents, based on their location in the City and the associated risk as determined by the Department; and
WHEREAS, one of the most effective methods for reducing home ignition from embers driven by wind during a wildfire is to outfit threatened homes with mesh on all vents, gutters, and decks that is specifically designed to prevent ember intrusion; and WHEREAS, Wildfire Defense Mesh is the only simple “do-it-yourself” mesh that has full compliance with California Building Code, 2022 Chapter 7A, 706A Vents, 706A.2 requirements; that has been tested to ASTM E2886 and ASTM E84; and that is listed by QAI Laboratories, meeting the CBA, Chapter 7A, 706A.2 requirements for WUI vents tested to ASTM E2886 ; and
WHEREAS, because of this competing this product is not amenable; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a resolution be adopted authorizing the City Manager to execute a Purchase Order with Wildfire Defense Mesh from June 1, 2024 until May 31, 2027 in an amount not to exceed $400,000 with an option to extend for an additional three (3) years.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Prioritizing City-Owned Land for Affordable Housing and Noticing of Potential Disposition of City-Owned Land

RECOMMENDATION
Adopt a Resolution affirming the City’s commitment to prioritize City-owned land for affordable housing and publicly notice the potential disposition of City-owned land consistent with the Surplus Lands Act.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts directly associated with this resolution. Leveraging publicly- owned land may significantly reduce the costs for land acquisition and the amount of public subsidy needed for affordable housing construction.

CURRENT SITUATION AND ITS EFFECTS
On July 11, 2023, City Council adopted a resolution authorizing application to, and participation in, the State Department of Housing and Community Development’s (HCD) Prohousing Designation Program. This program creates incentives for jurisdictions with compliant Housing Elements and local policies HCD designates as “Prohousing”.

The Prohousing designation offers the City an advantage for competitive HCD funding necessary for the City’s Housing Trust Fund pipeline. It also provides projects with access to grants only available to Prohousing certified jurisdictions.

On August 17, 2023, the City submitted a Prohousing Designation application to HCD.

That application included a certification that “any proposed Prohousing Policy identified herein will be enacted within two (2) years of the date of this application submittal.” The City of Berkeley was awarded the Prohousing Designation on February 29, 2024, with a total of 54 points.

The City’s application included Category 4H: “A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to lower income households. A qualifying program may utilize mechanisms such as land donations, land sales with significant

Prioritizing City-Owned Land for Affordable Housing and CONSENT CALENDAR Noticing of Potential Disposition of City-Owned Land June 25, 2024

write-downs, or below-market land leases.” The City Council must adopt a resolution affirming this commitment to qualify for the application point.

The City included this commitment in its application consistent with the direction in the adopted 2023-2031 Housing Element. Program H-15 states that the City will “encourage use of publicly-owned or controlled sites for affordable housing and/or mixed-use residential projects with a substantial portion of affordable units.”

BACKGROUND
This commitment to prioritizing City-owned land for affordable housing is consistent with previous City Council action. The recent development of City-owned land into affordable housing includes the Hope Center and Berkeley Way project built on a City-owned parking lot at 2012 Berkeley Way. In December 2021, the City Council approved $24.5 million for a low-income and workforce housing project on Berkeley Unified School District (BUSD) property.

On April 27, 2021, the Berkeley City Council unanimously adopted Resolution 69,833- N.S. which, in part, reserves $53 million of City-controlled funds as the subsidy needed to achieve at least 35% affordable housing at the Ashby and North Berkeley BART sites. The City owns the air rights to Ashby BART and is committed to ensuring affordable development on public land within City limits.

The City is also exploring developing affordable housing at additional city-owned sites.

The City released a Social Housing Models and Market Analysis Request for Proposals (RFP) in April 2023, and is currently working with a consultant team on market analysis, policy research, and modeling to support the development of mixed-income affordable social housing on City-owned sites.

Formalizing a commitment to prioritizing affordable housing on City-owned land is consistent with the Surplus Land Act. The Surplus Land Act (Gov. Code, § 54220 et seq.) (SLA) is a “right of first refusal” law that requires all local agencies to offer surplus land for sale or lease to affordable home developers and certain other entities before selling or leasing the land to any other individual or entity.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts associated directly with this resolution. Research demonstrates that developing “infill” housing – transit-oriented housing built in urban areas near jobs and services – is an effective strategy for reducing greenhouse gas pollution.

RATIONALE FOR RECOMMENDATION
The Prohousing Designation provides the City with a competitive advantage for HCD funding and access to grants only available to Prohousing jurisdictions. The Prohousing Designation will help the City better leverage its funding with HCD funds for producing

Prioritizing City-Owned Land for Affordable Housing and CONSENT CALENDAR Noticing of Potential Disposition of City-Owned Land June 25, 2024

affordable housing and meeting its Regional Housing Needs Assessment (RHNA) goals.

City Council established a commitment in the Housing Element to prioritize City-owned land for affordable housing. There is an affordable housing shortage in the City of Berkeley, and leveraging City-owned land is a cost-effective strategy to facilitate RHNA targets for affordable housing. This resolution is consistent with the Surplus Lands Act.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not consider alternative actions. Participating in the Prohousing Designation program will help the City and Berkeley projects be more competitive for funds for affordable housing and is consistent with the requirements of the Surplus Lands Act.

CONTACT PERSON
Anna Cash, Community Development Project Coordinator, HHCS, (510) 981-5403 Attachments:
1: Resolution

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

PRIORITIZING AFFORDABLE HOUSING ON CITY-OWNED LAND
WHEREAS, public land is a public asset and should be used for the public good; and WHEREAS, 70% of households below 80% of Area Median Income (AMI) in Berkeley occupy units that are unaffordable to them; and
WHEREAS, the City of Berkeley’s 2023-2031 Regional Housing Needs Allocation (RHNA) goal for extremely low-income, very low-income, and low-income housing is a combined 3,854 units; and
WHEREAS, the City Council is committed to supporting affordable housing development on public land within City limits; and
WHEREAS, the Surplus Land Act (SLA) is a “right of first refusal” law that requires all local agencies to offer surplus land for sale or lease to affordable home developers and certain other entities before selling or leasing the land to any other individual or entity; and
WHEREAS, The City of Berkeley submitted a Prohousing Designation Application in August 2023 to the California Department of Housing and Community Development affirming its commitment to make City-owned land available for redevelopment into affordable housing; and
WHEREAS, Program H-15 in the 2023-2023 Housing Element states that the City will “encourage use of publicly-owned or controlled sites for affordable housing and/or mixed- use residential projects with a substantial portion of affordable units”; and WHEREAS, The City of Berkeley will commit to making surplus publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to lower income households; and WHEREAS, The City of Berkeley will commit to using mechanisms including but not limited to land donations, land sales with significant write-downs, or below-market land leases to support affordable housing development on publicly owned land.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley commits to follow the Surplus Land Act and prioritize all City-owned land no longer needed for public use available for affordable housing.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Approving the Revised Operating Budget for Golden Bear Homes

RECOMMENDATION
Adopt a Resolution approving the revised operating budget for Golden Bear Homes (1620 San Pablo Avenue), with the understanding that the increased cost of operating the Homekey project may necessitate a future reservation of approximately $550,000 in City funds, if other operating sources are not identified for the project.

FISCAL IMPACTS OF RECOMMENDATION
No new reservation of operating funds is recommended at this time. However, the project will need significant ongoing operating support after the existing capitalized reserves are expended, which is expected to happen in 2029. Staff will work with the owners to identify sources of funds to support the long-term operations of this project.

CURRENT SITUATION AND ITS EFFECTS
Golden Bear Homes, LP – a partnership of Bay Area Community Services (BACS) and Memar Properties, Inc (MPI) - operate the City’s first Homekey project located at 1620 San Pablo Avenue. Golden Bear Homes provides housing and supportive services for 43 formerly homeless households. The cost of operating the project is higher than originally anticipated due to an increased need for onsite security and property oversight. As co-grantees under the Homekey program, the City, MPI, and BACS are collectively obligated to provide at least four years’ worth of operating funding to leverage California Housing and Community Development’s (HCD) Homekey operating support for the project. Because operating costs have increased, the City’s initial operating subsidy is no longer sufficient to meet that obligation.

BACS and MPI requested City approval of a revised operating budget reflecting the following:
 An additional $24K for administration fees for increased staff involvement in property oversight.

Approving the Revised Operating Budget for Golden Bear Homes CONSENT CALENDAR June 25, 2024

 An additional $152K for nightly security (5pm to 8am) to address neighbor concerns. Most of the security concerns relate to non-resident activity near the property.
 An additional $18K for increased insurance costs, reflecting the current insurance environment.

While the project team was able to make some budget cuts to offset the increased operating costs, the net increase is approximately $120k per year. Instead of lasting four years, the City’s operating funding is estimated to last 3.25 years. The initial years of operating are funded through the HCD loan; the City funds are expected to support operations starting in 2026.

The additional operating funding needed to meet the Homekey obligation is $550,000.

The City will require BACS and MPI to actively seek non-City sources for operating funds for future years.

BACKGROUND
Golden Bear Homes, LP received $16.1M in HCD Homekey funds and nearly $8.5M in City funds (a combination of Measure P and Permanent Local Housing Allocation funds) to acquire, renovate, and operate Golden Bear Homes as permanent supportive housing for formerly homeless households. The partnership acquired the property in 2022 and completed the first phase of rehab to create accessible units. The project was fully occupied in January 2023. The second phase of rehab will involve the installation of a modular unit that will contain community and service spaces for the residents, and is anticipated to be completed later this calendar year.

HCD established its Homekey program to provide government entities funding to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings, and other buildings; and convert them into interim or permanent, long-term housing.

Under the Homekey program, local entities partner with HCD, local developers, and service providers to create housing to serve people experiencing homelessness or at risk of homelessness.

Receiving the Homekey operating subsidy was conditioned on the City providing an operating subsidy match to pay for four years of operating costs

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

RATIONALE FOR RECOMMENDATION
The City and Golden Bear Homes, LP are obligated to leverage HCD’s Homekey funding with four years of operating support for the project. Golden Bear Homes provides permanent supportive housing for support chronically homeless individuals in

Approving the Revised Operating Budget for Golden Bear Homes CONSENT CALENDAR June 25, 2024

the City. Serving this population requires a high level of operating funds. Providing the funding helps meets the City’s goals to support this population.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to provide the additional operating funds. Since the City and its co-grantees committed to providing these funds as a condition of the Homekey award, the City would be in violation of the HCD’s Standard Agreement for the project and could be penalized in future applications for HCD funds. The lack of funding could also put the project and tenants at risk. Since the project meets the City’s goals to support those experiencing homeless, staff recommends providing the funds.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, (510) 981-5228
Attachments:
1: Resolution

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

APPROVAL THE REVISED OPERATING BUDGET FOR THE GOLDEN BEAR

HOMES HOMEKEY PROJECT
WHEREAS, and the City of Berkeley (City) and Bay Area Community Services (BACS) and Memar Properties, Inc. (MPI) jointly applied for and received a State of California Housing and Community Development (HCD) Homekey award from HCD’s September 9, 2021 NOFA for the Golden Bear project at 1620 San Pablo; and WHEREAS, in June 2022, the City provided a development loan of $8,463,535 to leverage the HCD Homekey award and to support the project’s capital and operating costs; and
WHEREAS, under the Homekey program and Standard Agreement, the City, BACS, and MPI are collectively obligated to fund four years of operating costs; and WHEREAS, in March 2024, BACS and MPI submitted a revised operating budget for Golden Bear Homes to reflect the increased cost of operating the Homekey project as permanent supportive housing; and
WHEREAS, due to the increased cost of operating Golden Bear Homes, the original City funds no longer cover four years of operating support; and WHEREAS, additional funds are needed to cover the operating funding gap estimated to start in 2029; and
WHEREAS, the City will work with BACS and MPI to identify other sources of operating funding to support the ongoing operation of the property.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the revised operating budget for Golden Bear Homes.

BE IT FURTHER RESOLVED that the City, BACS, and MPI will work together to identify new operating funds to support the project to meet the collective obligations under the HCD Homekey program, and support the ongoing operation of the property as permanent supportive housing.

BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Gilman, Interim Director, Health, Housing, and Community Services Subject: Additional Development Funding Reservation for 1740 San Pablo Avenue

RECOMMENDATION
Adopt a Resolution:

1. Reserving an additional $4,496,669 in Housing Trust Fund (HTF) program funds for the development loan agreement for BRIDGE Housing Corporation’s (BRIDGE) affordable housing project located at 1740 San Pablo Avenue.

2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

FISCAL IMPACTS OF RECOMMENDATION
On December 10, 2019, City Council reserved $7.5 million in Measure O Bond funds with Resolution 69,231. This action would add $4,496,669 to the existing reservation, for a total of nearly $12M. Staff will determine the exact mix of funds from the HTF program prior to the loan closing. Funds could include Affordable Housing Mitigation Fee (Fund 120), Measure O (Fund 512), or general funds from Measure U1 (Fund 016).

Funding is subject to appropriation in the FY 2025 budget.

CURRENT SITUATION AND ITS EFFECTS
BRIDGE requested an additional $4,496,669 for its 1740 San Pablo project. Under Section V.D. of the Housing Trust Fund Guidelines, projects at imminent risk of losing a State or Federal funding award are able to request funding outside of a competitive process. 1740 San Pablo qualifies because BRIDGE secured an Infill Infrastructure Grant (IIG) award in 2023, and that award may be revoked if BRIDGE is not successful at securing the remainder of the project’s financing by February 2025.

BRIDGE has been pursuing State financing for 1740 San Pablo since the City closed its acquisition and development loan for the project in 2021. Because of the highly competitive nature of state funding sources, it often takes affordable housing projects several years to secure all required financing. In addition to $3.1M in IIG funds, BRIDGE

Additional Development Funding Reservation for 1740 San Pablo Avenue CONSENT CALENDAR June 25, 2024

secured over $11M in Multifamily Housing Program (MHP) funds earlier this year.

Because State housing funds are oversubscribed, BRIDGE was not able to secure as much MHP funding for the project, which created a nearly $4.5M gap in the budget.

BRIDGE must close the financing gap before applying for tax credits, and so requested additional funding from the City. BRIDGE must apply for tax credits in July 2024 in hopes of securing an award in December 2024, ahead of the IIG deadline. There are no other funding sources that could provide a commitment of funds on this timeline. If successful in the 9% tax credit round, BRIDGE would start construction on 1740 San Pablo in the first half of 2025.

BRIDGE tried to negotiate the IIG deadline with the State to allow time for multiple tax credit application rounds, but the State prioritizes its funds for projects that are ready to move to construction and revokes awards for projects that are not. If BRIDGE loses its IIG funds, the project’s financing gap would increase by an additional $3M to a total of $7.5M in needed funding. An additional funding gap would further delay the development of 1740 San Pablo, likely for several years.

Typically, Housing Trust Fund requests are vetted by the HTF Subcommittee of the Housing Advisory Commission (HAC) as well as the full HAC. Due to the time-sensitive nature of this request, Housing and Community Services staff plan to take this request directly to the HAC on June 6th. If the HAC’s recommendation differs from staff, we will provide their recommendation in a supplemental item.

BACKGROUND
BRIDGE applied for funding through the 2019 Housing Trust Fund Request for Proposals process for 1740 San Pablo, a 54-unit project for households earning between 30% and 60% of the area median income (AMI). Initially, BRIDGE proposed a mixed-income project that would also include moderate income units for households earning up to 120% AMI. The initial City subsidy was approximately $142k/unit, which was significantly lower than other new construction projects funded through the same RFP process, which were awarded subsidies closer to $200k/unit.

In 2020, the state program for funding mixed-income projects was oversubscribed, and due to a change in regulations, BRIDGE’s project was no longer competitive in that pool. BRIDGE pivoted to a typical affordable housing project that could compete for the most common types of state funding. Changing the financing plan and income mix required BRIDGE to get new entitlements. The re-entitlement process took additional time, and BRIDGE did not want to borrow private financing for acquisition and predevelopment costs because the higher interest rate and carrying costs increase the overall cost to develop the project.

On March 10, 2020, with Resolution 69,315 the City approved that $7.1M of the $7.5M loan be used for acquisition and predevelopment costs in order to reduce the project’s

Additional Development Funding Reservation for 1740 San Pablo Avenue CONSENT CALENDAR June 25, 2024

carrying costs. The funding was conditioned on the project receiving new entitlements and obtaining all of its remaining financing within five years of the reservation. In 2021, the project received its new entitlements from Planning. The project needs the remaining $4,496,669 and a tax credit award to meet that condition and commence construction.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
BRIDGE intends to construct 1740 San Pablo to third-party green building standards, and will seek GreenPoint Gold certification.

RATIONALE FOR RECOMMENDATION
1740 San Pablo meets local needs and priorities by adding 54 new units of affordable housing to the City’s inventory. The additional City funds would close the project’s financing gap, increase its competitiveness for 9% tax credits, and prevent further project delays.

ALTERNATIVE ACTIONS CONSIDERED
If the City does not reserve additional funds, BRIDGE would not be able to obtain all of the project’s permanent financing by the IIG deadline and could lose its IIG award. This would cause a delay, likely for a year or more, and increase the financing gap BRIDGE would need to fill.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510- 981-5228
Attachments:
1: Resolution

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

AUTHORIZATION FOR AN ADDITIONAL $4,496,669 FUNDING RESERVATION FOR 1740 SAN PABLO
WHEREAS, the City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low and moderate income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley’s Consolidated Plan; and
WHEREAS, on December 10, 2019, with Resolution No. 69,231-N.S., the City Council reserved $7.5 million for the development of 1740 San Pablo; and WHEREAS, in March 2020, with Resolution No. 69,315-N.S., the City approved advancing $7.1M of funds in order to support acquisition and predevelopment activities, conditioned on BRIDGE securing entitlements and receiving all of its funding within five years of the reservation; and
WHEREAS, BRIDGE secured the project entitlements in 2021, and has been pursuing funding from the State of California; and
WHERAS, BRIDGE secured a State of California Infrastructure and Infill Grant (IIG) award for 1740 San Pablo that the State may revoke if the project’s permanent financing is not secured by February 2025; and
WHEREAS, the project has a financing gap and will not make the IIG deadline without an additional reservation of City funds by June 30, 2024; and WHEREAS, the City’s HTF Guidelines allow funding requests to be submitted at any time for projects at imminent risk, including projects at risk of losing existing state or federal funding awards; and
WHEREAS, BRIDGE requested an additional $4,496,669 from the City’s HTF program to support 1740 San Pablo, which meets the definition of a project at imminent risk.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves an additional $4,496,669 development funding reservation of HTF funds for 1740 San Pablo.

BE IT FURTHER RESOLVED that funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on BRIDGE obtaining all required

City approvals and securing commitments for project funding that the City Manager or her designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that the funding reservation is conditioned upon the completion of the environmental review process, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for the project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for a HOME and/or CDBG funded project is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act.

BE IT FURTHER RESOLVED that the making of the loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish.

BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tanya Bustamante, Interim Deputy Director, Health, Housing, and Community Services
Subject: Revenue Grant Agreement: Funding Support from the State of California to Conduct Public Health Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept grant funding, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Maternal, Child and Adolescent Health (MCAH) Program in the projected amount of $375,000 for FY 2025.

FISCAL IMPACTS OF RECOMMENDATION
The contract for the Maternal, Child and Adolescent Health (MCAH) Program will have its own identifying contract number and each source has a defined budget code. The State establishes an annual cap on local revenue for this program and requires a local match. The precise amount of revenue the City earns is determined by the City’s level of match funding, program staff time-studies, and level of eligible services. The City provides $150,000 of general fund in match funding. Revenue for FY 2025 is expected to be $375,000.

Spending is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on the timing of when the grant is officially awarded and the amounts that are determined, the grant budgets will be adjusted as part of a future amendment to the FY 2025 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health programs and services to the community, with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. In addition to the funding referenced in this report, the City also has continuing multi-year public health grants with the State of California.

Revenue Grant Agreement: Funding Support from the State of California CONSENT CALENDAR to Conduct Public Health Services June 25, 2024

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City is entitled to specific state funding to meet core public health objectives. The Public Health Division within the Health, Housing, and Community Services Department (HHCS/PHD) is committed to providing essential services to the community to prevent the spread of disease and to promote healthy environments.

The State establishes funding caps for the MCAH program, with actual revenue determined by city matching funds and service delivery. Revenue projections are based on recent year actual revenues in these programs, service-delivery staffing, eligible client populations, and available matching funds. These projections will enable the department to keep expenditures within actual revenues, by budgeting expenditures to realistic revenue projections.

The Maternal, Child and Adolescent Health (MCAH) Program develops and implements systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families and works to reduce the morbidity and mortality of pregnant African American women and their infants. The MCAH program includes Berkeley’s Black Infant Health program, which provides supports to pregnant and post- partum mothers and their infants.

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

RATIONALE FOR RECOMMENDATION
These funds support vital services related to the City’s mandates as a public health jurisdiction, as well as local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. These non-competitive grants support HHCS/PHD’s mission and provide the City with funding to continue working to protect and improve the health of the community.

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

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

1. Resolution

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE MATERNAL, CHILD, AND

ADOLESCENT HEALTH (MCAH)
WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services, Public Health Division (HHCS/PHD), is committed to developing systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families; and
WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services, Public Health Division, is committed to reducing the morbidity and mortality of pregnant African American women and their infants; and
WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services provides a broad range of needed public health program services to the community; and
WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to the State of California for funding for Fiscal Year 2025 for the Maternal, Child, and Adolescent Health (MCAH) program: to develop systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families and to reduce the morbidity and mortality of pregnant African American women and their infants; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $375,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Funds will be deposited and expensed from a defined budget code. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tanya Bustamante, Interim Deputy Director, Health, Housing, and Community Services
Subject: Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following four revenue agreements:

1. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $183,918 for Fiscal Year 2025.

2. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for Fiscal Year 2025.

3. Tobacco Prevention Program in the projected amount of $81,329 for Fiscal Year 2025.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the amount of $465,258 from Alameda County for Fiscal Year (FY) 2025 from the sources listed below. There is no local match required for any of these grants, however, the City does provide a significant amount of general fund to support these important programs. Each contract has been entered into the citywide contract management system database:

1. Berkeley High School Health Center and Berkeley Technology Academy Programs: This contract is anticipated to be for $183,918 in Fiscal Year 2025.

There is no match required.

2. School Linked Health Services Program (Measure A Funding): This contract is anticipated to be for $200,011 in Fiscal Year 2025. There is no match required.

Revenue Grant Agreements: Funding Support from Alameda CONSENT CALENDAR County to Conduct Public Health Services June 25, 2024

3. Tobacco Prevention Program: This contract is anticipated to be for $81,329 in Fiscal Year 2025. There is no match required.

Spending of all referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on the timing of when grants are officially awarded and the amounts determined, the grant budgets will be adjusted as part of a future amendment to the Fiscal Year 2025 Annual Appropriations Ordinance

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health programs and services to the community; with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. Alameda County revenue is an important source of support for these City public health programs. In Fiscal Year 2025, there are no significant changes to this support.

1. Berkeley High School and Berkeley Technology Academy Health Center Programs: Provides clinical and health education services to adolescents attending Berkeley High School and Berkeley Technology Academy.

2. School Linked Health Services Program (Measure A Funding): Increases the capacity of Berkeley Unified School District to meet the health, medical, and dental needs of K-5 students, and to create the infrastructure to more effectively perform public health surveillance for communicable diseases, promote school connectedness, and reduce chronic absenteeism.

3. Tobacco Prevention Program: Provides tobacco cessation services, enforcement of tobacco retail licensing requirements and youth prevention education.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City receives specific funding through Alameda County to meet core public health objectives.

The Public Health Division in Health, Housing, and Community Services is committed to providing services to the community to promote healthy environments and prevent the spread of disease.

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

Revenue Grant Agreements: Funding Support from Alameda CONSENT CALENDAR County to Conduct Public Health Services June 25, 2024

RATIONALE FOR RECOMMENDATION
These funds provide necessary revenue to support vital services related to the City of Berkeley’s mandates as a local health jurisdiction. They also support the Department’s work to reduce health inequities in Berkeley and improve the health of our community.

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

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS (510) 981-5121 Attachments:
1: Resolution: Berkeley High School and Berkeley Technology Academy Health Center Programs
2: Resolution: School Linked Health Services Program (Measure A Funding) 3: Resolution: Tobacco Prevention Program

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE BERKELEY HIGH

SCHOOL AND BERKELEY TECHNOLOGY ACADEMY HEALTH CENTER

PROGRAMS
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/PHD), is committed to providing health services and health education to adolescents attending Berkeley High and Berkeley Technology Academy; and
WHEREAS, the HHCS/PHD provides a broad range of needed Public Health program services to the community; and
WHEREAS, the HHCS/PHD works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the HHCS/PHD seeks to eliminate health and educational inequities; and WHEREAS, the HHCS/PHD should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for Fiscal Year 2025 funding for the Berkeley High School and Berkeley Technology Academy Health Center Programs to provide health services and health education to adolescents attending Berkeley High and Berkeley Technology Academy to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $183,918; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Funds will be deposited and expensed from a defined budget code. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE SCHOOL LINKED

HEALTH SERVICES (MEASURE A) PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/PHD), is committed to increasing the capacity of Berkeley Unified School District to meet the health, medical and dental needs of students, and to create the infrastructure to more effectively perform public health surveillance and enforcement functions for communicable diseases and disease outbreaks; and WHEREAS, the HHCS/PHD provides a broad range of needed Public Health program services to the community; and
WHEREAS, the HHCS/PHD works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the HHCS/PHD seeks to eliminate health and educational inequities; and WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for Fiscal Year 2025 funding for the School Linked Health Services Program (Measure A Funding) to increase the capacity of the Berkeley Unified School District to meet the health, medical and dental needs of students, and to create the infrastructure to more effectively perform public health surveillance and enforcement functions for communicable diseases and disease outbreaks, to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $200,011; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Funds will be deposited and expensed from a defined budget code. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. ##,###–N.S.

GRANT AGREEMENT WITH ALAMEDA COUNTY FOR THE TOBACCO

PREVENTION PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services, Public Health Division (HHCS/PHD), is committed to providing tobacco cessation services, enforcement of tobacco retail licensing requirements and youth prevention education; and
WHEREAS, the HHCS/PHD provides a broad range of needed Public Health program services to the community; and
WHEREAS, the HHCS/PHD works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the HHCS/PHD seeks to eliminate health inequities; and WHEREAS, the HHCS/PHD should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to Alameda County for Fiscal Year 2025 funding for the Tobacco Prevention Program: to provide tobacco cessation services, enforcement of tobacco retail licensing requirements and youth prevention education, to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $81,329; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Funds will be deposited and expensed from a defined budget code. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

Internal
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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Memorandum of Understanding: SEIU Local 1021 Maintenance & Clerical Chapters

RECOMMENDATION
Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters (hereafter referred to as the “Union”) for a three- year term from June 27, 2024 to July 26, 2027 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for SEIU Local 1021 Maintenance and Clerical Chapter classifications that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.

The terms of the proposed 2024-2027 MOU are within the parameters of authority approved by Council in closed session.

FISCAL IMPACTS OF RECOMMENDATION
The anticipated costs of the agreement are $4,405,520 in the first year, $7,999,643 in the second year, and $10,753,076 in the third year.

CURRENT SITUATION AND ITS EFFECTS
Notable changes in the 2024-2027 MOU are along four dimensions:
(1) COLA Increases: The terms of the new MOU provide for a 6.0% wage increase effective the start of the first full pay period after Council adoption; a 4.0% wage increase effective the first full pay period in July 2025; and a 4.5% wage increase in the FY 2026-2027 fiscal year, of which 2.5% will be effective the first full pay period in July 2026 and 2.0% will be effective the first full pay period in January 2027.

Internal
Memorandum of Understanding: SEIU 1021 Maintenance & Clerical CONSENT CALENDAR June 25, 2024

(2) Longevity Pay: Effective the first full pay period in July 2026, the MOU modifies the current longevity pay structure to provide 3% longevity pay beginning with the 15th year of service. (Under the current contract, longevity is triggered at the beginning of the 20th year of service.)
(3) Holiday: The last Monday in March will be observed as Cesar Chavez Day. (4) Differentials and Allowances: All remaining features of the agreement are changes of modest value to differentials (e.g., 5% differential for 311 assignment) and allowances (e.g., increases of $100 for safety shoe allowance and uniform allowance). Most of them take effect in July 2025. These changes are specified in the “tracked changes” version of the proposed MOU (attached as Exhibit B).

Other modifications include removal of outdated provisions, updated language to reflect changes in the law, and agreement to conduct reviews of specifically designated job classifications within the next 18 months.

BACKGROUND
The City’s labor contract with the Union is set to expire on June 26, 2024. In an effort to reach agreement on a successor MOU, representatives of the City and representatives of the Union commenced negotiation sessions beginning on March 29, 2024. The parties reached a tentative agreement on May 31, 2024.

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

RATIONALE FOR RECOMMENDATION
The City’s labor contract with SEIU Local 1021 Maintenance & Clerical Chapters is set to expire on June 26, 2024, triggering the need to negotiate a successor agreement.

The recommended COLA increases (and modification to longevity pay) address inflation and aim to keep the City of Berkeley competitive in its recruitment and retention efforts.

The recommended changes to specific job classes and working conditions are necessitated by operational needs.

ALTERNATIVE ACTIONS CONSIDERED
Various alternative proposals were considered by the Union’s and the City’s negotiation teams before mutual agreement was reached on the proposed MOU.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution: Memorandum of Understanding: Service Employees International Union Local 1021 Maintenance & Clerical Chapters

Internal
Memorandum of Understanding: SEIU 1021 Maintenance & Clerical CONSENT CALENDAR June 25, 2024

Exhibit A: Memorandum of Understanding Between the City of Berkeley and SEIU Local 1021 Maintenance & Clerical Chapters, 2024-2027 (Revised Version)
Exhibit B: Memorandum of Understanding Between the City of Berkeley and SEIU Local 1021 Maintenance & Clerical Chapters, 2024-2027 (Tracked Changes Version)

Internal

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

MEMORANDUM OF UNDERSTANDING: SEIU LOCAL 1021 MAINTENANCE & CLERICAL CHAPTERS (2024-2027)
WHEREAS, the City is obligated under the provisions of California Government Code Sections 3500-3511, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to, wages, hours, and other terms and conditions of employment; and WHEREAS, the City’s labor contract with Service Employees International Union Local 1021 Maintenance & Clerical Chapters is set to expire and fully terminate on June 26, 2024; and
WHEREAS, representatives of the City and SEIU Local 1021 Maintenance & Clerical Chapters have met and conferred in good faith and have reached agreement on a new Memorandum of Understanding that incorporates all changes and modifications in wages, hours, and other terms and conditions of employment agreed to by the parties; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the new Memorandum of Understanding for the period June 27, 2024 through June 26, 2027 with SEIU Local 1021 Maintenance & Clerical Chapters, including changes in certain benefits on dates specified in the Memorandum of Understanding which is attached hereto, made a part hereof and marked Exhibit A, and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and
BE IT FURTHER RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, a new Classification and Salary table for SEIU Local 1021 Maintenance & Clerical Chapters that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions; and BE IT FURTHER RESOLVED that a fully executed original of said contract is filed in the Office of the City Clerk.

Exhibits
A: Memorandum of Understanding Between the City of Berkeley and SEIU Local 1021 Maintenance & Clerical Chapters, 2024-2027 (Revised Version)

Internal
Memorandum of Understanding: SEIU Local 1021 Maintenance & Clerical CONSENT CALENDAR June 25, 2024

B: Memorandum of Understanding Between the City of Berkeley and SEIU Local 1021 Maintenance & Clerical Chapters, 2024-2027 (Tracked Changes Version)

Agenda Item
Attachment

This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov

Internal
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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Unrepresented Employee Group Salaries, Longevity Differential, and Vision Insurance

RECOMMENDATION
Adopt a Resolution approving salary adjustments, modification of the longevity differential, and the addition of vision insurance coverage for specified units of employees in the Unrepresented Employee Group and authorizing the City Manager to make edits to the Unrepresented Employee Manual in alignment with the Resolution, and to execute and implement the terms and conditions of employment set forth in the new Unrepresented Employee Manual.

The terms of the proposed 2024-2027 changes are within the parameters of authority approved by Council in closed session.

FISCAL IMPACTS OF RECOMMENDATION
The costs of the recommendations are estimated at $2,709,532 in FY 2024-25; $4,626,872 in FY 2025-26; and $6,246,629 in FY 2026-27.

CURRENT SITUATION AND ITS EFFECTS
Traditionally, the Unrepresented Employee Group salaries and benefits mirror the City’s economic agreement with the Service Employees International Group (SEIU) Local 1021 Maintenance & Clerical Chapters in order to maintain internal equity and external competitiveness. Notable changes to Unrepresented salaries and benefits are along three dimensions that reflect the City’s pending agreement with SEIU-MC:
(1) COLA Increases: 6.0% wage increase effective the start of the first full pay period after Council adoption; a 4.0% wage increase effective the first full pay period in July 2025; and a 4.5% wage increase in the FY 2026-2027 fiscal year, of which 2.5% will be effective the first full pay period in July 2026 and 2.0% will be effective the first full pay period in January 2027. (2) Longevity Pay: Effective the first full pay period in July 2026, the longevity pay structure will be modified to provide 3% longevity pay beginning with the 15th

Internal
Unrepresented Employee Group Salaries, Longevity, and Vision Insurance CONSENT CALENDAR June 25, 2024

year of service. (Per the current manual, longevity is triggered at the beginning of the 20th year of service.)
(3) Holiday: The last Monday in March will be observed as Cesar Chavez Day.

Since the City’s tentative agreement with SEIU-MC envisions modest modifications to differentials and allowances that would not apply to unrepresented employees, it is recommended that the Unrepresented Employee Group receive a modest benefit enhancement of its own: the addition of vision insurance for career, benefited members of the group, effective January 2025.

BACKGROUND
In a separate item on this agenda, the City Council will be considering salary and benefit adjustments for SEIU Local 1021 Maintenance & Clerical Chapters. It has been longstanding policy of the City to approve cost of living adjustments and benefit changes for Unrepresented employees that are aligned with those of SEIU-MC in order to maintain internal equity and external competitiveness.

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

RATIONALE FOR RECOMMENDATION
The recommended COLA increases and modifications to benefits address inflation and aim to keep the City of Berkeley competitive in its recruitment and retention efforts.

ALTERNATIVE ACTIONS CONSIDERED
Various alternative proposals were considered by SEIU-MC’s and the City’s negotiation teams before mutual agreement was reached on the proposed MOU, which then informed the pending recommendations for the Unrepresented Employee Group.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution: Unrepresented Employee Group Salaries, Longevity Differential, and Vision Insurance (2024-2027)
Exhibit A: Unrepresented Employee Manual (Revised Version – June 2024) Exhibit B: Unrepresented Employee Manual (Tracked Changes Version)

Internal

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

Unrepresented Employee Group Salaries, Longevity Differential, and Vision Insurance (2024-2027)
WHEREAS, the Unrepresented Employee Group salaries and benefits have traditionally mirrored the City’s economic agreement with the Service Employees International Group (SEIU) Local 1021 Maintenance & Clerical Chapters in order to maintain internal equity and external competitiveness; and
WHEREAS, in a separate agenda item, the City Council will be considering salary and benefit adjustments for SEIU Local 1021 Maintenance & Clerical Chapters; and WHEREAS, the City Manager is recommending similar changes in salary and benefit adjustments for the Unrepresented Employee Group;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to revise and execute a new Unrepresented Employee Manual and effectuate the following changes for the Unrepresented Employee Group: (1) COLA Increases: 6.0% wage increase effective the start of the first full pay period after Council adoption; a 4.0% wage increase effective the first full pay period in July 2025; and a 4.5% wage increase in the FY 2026-2027 fiscal year, of which 2.5% will be effective the first full pay period in July 2026 and 2.0% will be effective the first full pay period in January 2027; (2) Longevity Pay: effective the first full pay period in July 2026, the longevity pay structure will be modified to provide 3% longevity pay beginning with the 15th year of service; (3) Holiday: the last Monday in March will be observed as Cesar Chavez Day.

BE IT FURTHER RESOLVED that since the City’s tentative agreement with SEIU-MC envisions modest modifications to differentials and allowances that would not apply to Unrepresented employees, members of the Unrepresented Employee Group with career, benefited status shall have vision insurance added as a benefit effective January 2025;
BE IT FINALLY RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, a new Classification and Salary table for Unrepresented Employee Group classifications that implement the salary adjustments reflected in the new Unrepresented Employee Manual and supersede prior salary resolutions.

Exhibits
Exhibit A: Unrepresented Employee Manual (Revised Version – June 2024) Exhibit B: Unrepresented Employee Manual (Tracked Changes Version)

Agenda Item
Attachment

This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov

Internal
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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Memorandum of Understanding: Berkeley EMS Professionals

RECOMMENDATION
Adopt a Resolution 1) approving a new Memorandum of Understanding (MOU) with the Berkeley EMS Professionals (IAFF Local 1227) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and 2) approving a new Classification and Salary table for EMS Professionals classifications that implements the salary adjustments reflected in the new MOU.

The terms of the proposed 2023-2026 MOU are consistent with those of the Berkeley Fire Fighters Association (BFFA) and within the parameters of authority approved by Council in closed session.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impacts of the recommendation will vary depending on staffing levels of the Paramedic classification.

CURRENT SITUATION AND ITS EFFECTS
Since the creation of the single-function Paramedic classification, the City has been negotiating with BFFA to create an MOU unique to EMS Professionals.

At present, contractual specifications that pertain to EMS Professionals are addressed in an article of the BFFA contract. The stand-alone MOU maintains consistency with the BFFA contract wherever applicable and generally incorporates the key changes in terms that BFFA and the City agreed to in their most recent round of negotiations. (1) COLA Increases: For unit members on Salary Table B only, the terms of the new MOU provide for a 3% wage increase effective the start of the first full pay period after Council adoption; a 3% wage increase effective July 21, 2024; and a 3% wage increase effective July 6, 2025 for a cumulative wage increase of 9% through the end of the contract.

Internal
Memorandum of Understanding: Berkeley Fire EMS Professionals CONSENT CALENDAR June 25, 2024

(2) Certification Differentials: The City will incentivize a trio of certifications with a 2% differential for each: Preceptor Status (Alameda County), effective upon ratification; Pediatric Advanced Life Support, effective January 1, 2025; and Advanced Cardiac Life Support, effective January 1, 2026. (3) Longevity Pay: Effective the first full pay period after Council adoption, the MOU provides 4% longevity pay beginning with the 12th, 15th, and 20th years of service for a maximum of 12%.
(4) Retiree Health Benefits: Paramedics will contribute $75 per month into the IAFF Retiree Medical Trust and, after they complete five continuous years of service, the City will contribute an additional $225 per month into their individual RMT accounts.

BACKGROUND
The single-function Paramedic classification was created in early 2022 and subsequently accreted into the Berkeley Fire Fighters Association.

Modifications to the City’s MOU with BFFA last year included an article specific to Paramedics, while a separate MOU was being negotiated. The new MOU was finalized – and ratified by the bargaining unit members – this month.

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

RATIONALE FOR RECOMMENDATION
While the EMS Professionals MOU mirrors much of the City’s MOU with BFFA, the group is sufficiently distinct to warrant a separate contract.

ALTERNATIVE ACTIONS CONSIDERED
Paramedics were included in a separate article of the BFFA contract until the current MOU was finalized.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.

Attachment:
1: Resolution: Memorandum of Understanding: Berkeley Fire EMS Professionals Association
Exhibit A: Memorandum of Understanding Between the City of Berkeley and Berkeley Fire EMS Professionals Association, 2023-2026

Internal

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

MEMORANDUM OF UNDERSTANDING: BERKELEY FIRE EMS PROFESSIONALS

ASSOCIATION
WHEREAS, the City is obligated under the provisions of California Government Code Sections 3500-3511, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to, wages, hours, and other terms and conditions of employment; and WHEREAS, the City seeks to adopt a new labor contract with the Berkeley Fire EMS Professionals Association; and
WHEREAS, representatives of the City and the Berkeley Fire EMS Professionals Association have met and conferred in good faith and have reached agreement on a new Memorandum of Understanding that incorporates all changes and modifications in wages, hours, and other terms and conditions of employment agreed to by the parties; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the new Memorandum of Understanding for the period July 1, 2023 through June 30, 2026 with the Berkeley Fire EMS Professionals Association, including changes in certain benefits on dates specified in the Memorandum of Understanding which is attached hereto, made a part hereof and marked Exhibit A, and to make non-substantive edits to the format and language of the MOU in alignment with the parties’ agreement, and conforming to legal requirements; and
BE IT FURTHER RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, a new Classification and Salary table for EMS Professionals Association classifications that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions; and BE IT FURTHER RESOLVED that a fully executed original of said contract is filed in the Office of the City Clerk.

Exhibit
A: Memorandum of Understanding Between the City of Berkeley and Berkeley Fire EMS Professionals Association, 2023-2026

Agenda Item
Attachment

This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov

Public
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 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Information Technology Director Subject: New Contract: Accela, Inc Software Upgrade and Maintenance

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a new Contract with Accela, Inc., for software upgrade and maintenance to their modern platform for a total not to exceed $1,324,193 from July 1, 2024 to June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the one-time upgrade cost and software maintenance for this contract is subject to appropriation in the FY2025, FY2026, and, FY2027 budgets in the General Fund (011), Sanitary Sewer Fund (611), and Permit Service Fund (621).

One Time Cost
Department Account Code FY2025
Finance 011-33-321-327-0000-000-412-613130- $32,000
Planning 621-53-585-634-0000-000-472-613130- $85,943
PW 611-54-623-672-0000-000-472-613130- $42,057
Total $160,000
Annual Maintenance
Department Account Code FY2025 FY2026 FY2027
Finance 011-33-321-327-0000-000-412-613130- $58,834 $69,848 $74,039 Planning 621-53-585-634-0000-000-472-613130- $158,011 $187,591 $198,846 PW 611-54-623-672-0000-000-472-613130- $77,325 $91,800 $97,308 Contingency for
Misc. Licenses Various $43,705 $51,887 $55,000
Total $337,875 $401,125 $425,193
3-Year
Total $1,324,193

Public
New Contract: Accela, Inc. for Software Upgrade and Maintenance CONSENT CALENDAR June 25, 2024

CURRENT SITUATION AND ITS EFFECTS
The Accela Civic Platform is a critical enterprise software platform that provides Permitting and Zoning for Planning, Utility Permitting for Public Works, and Business Licenses for Finance. Additionally, the platform has an online portal that allows the community to apply for business licenses and permits, schedule inspections, and pay for these services. This new contract will move and upgrade the current version of Accela (which will be discontinued at end of 2025) to Accela’s modern and currently supported platform to ensure critical services remain highly available to the City and community.

The Accela Civic Platform helps advance the City’s Strategic Goal to be a customer- focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
In 2010, the City released an RFP for a new Permitting system, #11-10535-C. After a thorough multi-department selection process, the City selected Accela as its new Permitting and Business License system.

In 2011, by Resolution No. 65,398-N.S., the City Council approved a new contract with Accela for software licensing, implementation, maintenance and related services for a licensing and permitting system.

Since this time, the City has enhanced Accela to streamline internal processes and to make services more accessible to the community through an enhanced online portal.

Accela continues to provide ongoing support and maintenance for these systems.

RATIONALE FOR RECOMMENDATION
Accela will no longer support the platform that the City is using after December 2025 and is requiring the City migrate to its new platform for continued, uninterrupted operations.

Accela retains exclusive rights to provide maintenance for their software and is the only vendor that provides authorized software maintenance to their system. Establishing a new contract for their new platform and associated maintenance ensures continued technical support and software updates to the platform.

ALTERNATIVE ACTIONS CONSIDERED
Staff issued a Request for Proposal (Specification No. 19-11330-C) in late 2019 for a new Digital Permitting System to investigate other potential Permitting software solutions on the market. However, the COVID 19 pandemic hit in the middle of the selection process and halted the RFP process. For the duration of this new contract, the City will remain with the Accela solution while possibly considering alternative solutions.

Public
New Contract: Accela, Inc. for Software Upgrade and Maintenance CONSENT CALENDAR June 25, 2024

ENVIRONMENTAL SUSTAINABILTY AND CLIMATE IMPACTS
Accela’s online web portal for permitting and business licenses reduces the need for the community to physically drive into the Permit Service Center and submit paper forms and documentation. Information can be submitted digitally and accessed remotely through the City’s online Accela web portal thereby reducing the Berkeley’s overall carbon footprint.

CONTACT PERSON
Kevin Fong, Director, Information Technology, (510) 981-6541.

Attachments:
1: Resolution

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

NEW CONTRACT: ACCELA, INC. FOR SOFTWARE UPGRADE AND MAINTENANCE WHEREAS, the Accela Civic Platform is a critical enterprise software platform that multiple City departments use including Planning, Public Works, and Finance; and WHEREAS, the City Council previously authorized Contract No. 8865 with Accela, Inc. on July 19, 2011 (Resolution No. 65,398-N.S.) for software licensing, implementation, maintenance and related services for a licensing and permitting system; and WHEREAS, the City seeks to start a new software contract with Accela, Inc.; and WHEREAS, funding for software upgrade and maintenance will be available in the FY 2025 and FY 2026 and FY2027 General Fund, Permit Service Center, Sanitary Sewer fund, Abandoned Vehicle fund, and Vector Control fund; and WHEREAS, spending for this amendment in future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council authorizes the City Manager enter into a new contract with Accela, Inc., for software upgrade and maintenance in the amount of $1,324,193 from July 1, 2024 to June 30, 2027.

Internal
Office of the City Manager

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of Varonis subscription software licenses, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $550,890 for a total amount not-to-exceed $973,804.51 and the period beginning January 31, 2023 through September 28, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the Varonis subscription software licenses in the amount of $550,890 is subject to appropriation in the Department of Information Technology’s FY 2025 Cost Allocation Fund as outlined below:

Description Funding Source
$266,920.00 FY 2025 Subscription Varonis Licenses IT Cost Allocation (Fund 680) $283,970.00 FY 2026 Subscription Varonis Licenses IT Cost Allocation (Fund 680) $422,914.51 Previously approved Varonis Subscription IT Cost Allocation (Fund 680) $973,804.51 NTE TOTAL

CURRENT SITUATION AND ITS EFFECTS
The City’s Data Safety Program is designed to support the City’s IT Digital Strategic Plan’s goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

Varonis DatAdvantage helps the City ensure proper data use and permissions, and meet legal, financial, and intellectual property requirements. For example, it can help classify and detect where sensitive data lives across various platforms. It can also detect insider threats and potential cyber criminals, all efforts to identify and mitigate where the City may be at risk.

Internal
AHEAD: Using the California Department of General Services’ SLP Contract CONSENT CALENDAR June 25, 2024

BACKGROUND
The procurement and implementation of Varonis in 2021 provided visibility into how the City is handling and protecting the data it touches on a daily basis. City Information Technology is now expanding its Cybersecurity posture by adding control over the storage and management of its file stores and ensuring proper alerting for files stored and accessed throughout the City’s datacenters.

The City of Berkeley participates in a cooperative purchasing agreement established by the California Department of General Services (DGS)’ called the Software License Program (SLP). Established in January 1994, the SLP negotiates major software discounts with publishers and passes those discounts onto the State. The State establishes contracts with resellers based on these negotiations, which local agencies within the State of California can utilize. The City of Berkeley has engaged AHEAD as a reseller for the Varonis software under SLP contract number SLP-19-70-0151s. Additional software, and other goods and services related to the City’s Data Safety Program, are also available on this SLP contract with AHEAD.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Varonis DatAdvantage suite provides the necessary protections needed as the City moves towards utilizing more electronic files and documents, reducing the amount of paper use, thus supporting the City’s efforts to reduce the negative impact on the environment.

RATIONALE FOR RECOMMENDATION
There is a large amount of data that resides in the City’s shared drives which cannot be properly controlled and managed, placing the City at risk, due to a number of factors, including but not limited to identifying the type of data stored, and the owners of the data.

The Varonis DatAdvantage product provides the ability to visualize who can access sensitive and regulated information, audit every single file and email touched on- premise and in the cloud, and manage changes.

ALTERNATIVE ACTIONS CONSIDERED
Varonis provides automated protection as well as remediation through control over the files in City datacenters and those accounts used to access them. To accomplish this without Varonis would require a substantial increase in staffing which is not viable.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 510-981-6541 Attachments:
1: Resolution

Internal
AHEAD: Using the California Department of General Services’ SLP Contract CONSENT CALENDAR June 25, 2024
RESOLUTION NO. ##,###-N.S.

AHEAD: USING THE

CALIFORNIA DEPARTMENT
OF GENERAL SERVICES’
(DGS) SOFTWARE

LICENSING PROGRAM (SLP)

FOR SOFTWARE LICENSE

PURCHASES
WHEREAS, the purpose of the Data Safety Program is to protect the City of Berkeley’s information and access to information, using an enterprise standard across all city systems, and is designed to support the Digital Strategic Plan and the City’s Strategic Plan goal of advancing our City’s strategic goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities; and WHEREAS, the City of Berkeley participates in a cooperative purchasing agreement established by the California Department of General Services (DGS) called the Software License Program (SLP) that negotiates software discounts that are passed down to local agencies through a cooperative contract and software reseller; and WHEREAS, the City of Berkeley has engaged AHEAD as a reseller for the Varonis software under SLP contract number SLP-19-70-0151s, and has the opportunity to purchase additional software, and other goods related to the City’s Data Safety Program; and
WHEREAS, funding for purchases with AHEAD are funded by the IT Cost Allocation Fund (Fund 680), and citywide purchases will be made as needed by other available funding.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to increase spending authority with AHEAD for the purchase of professional services and software, and other goods related to the City's Data Safety Program, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $550,890 for an amount not-to-exceed $973,804.51, and the period beginning January 31, 2023 through September 28, 2025.

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.ci.berkeley.ca.us/manager

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tess Mayer, Director of Library Services
Henry Oyekanmi, Director of Finance
Subject: FY 2025 Special Tax Rate: Fund the Provision of Library Services

RECOMMENDATION
Adopt the Resolution to recommend that the Berkeley City Council set the FY 2025 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2800 (28.00 cents) per square foot for dwelling units and $0.4233 (42.33 cents) per square foot for industrial, commercial, and institutional buildings.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.2800 for dwelling units and $0.4233 for industrial, commercial, and institutional buildings will result in estimated collections of $25,905,893 for the Library Tax Fund. This is an estimated increase in the tax rate by $0.0102 for dwelling units and by $0.0153 for industrial, commercial, and institutional buildings.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax of $0.2800 for dwelling units and $0.4233 for all other property are being adjusted by the Consumer Price Index in the immediate San Francisco Bay Area of 3.767%, as the voters approved the greater of that or the Personal Income Growth factor in California of 3.620%. In addition, the Board of Library Trustees recommends that the City Council adjust the tax rate by 3.767%.

It is recommended that the City Council authorize the levy of a special tax of $0.2800 per square foot for dwelling units and of $0.4233 for all other property in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during FY 2025, as compared with amounts for FY 2024:

FY 2025 Special Tax Rate: CONSENT CALENDAR
Fund the Provision of Library Services June 25, 2024

Annual Tax – Dwelling Units Annual Tax – All Other PropertiesSquare Feet FY25 FY24 FY25 FY24
1,200 $335.96 $323.77 $508.00 $489.56
1,500 419.95 404.71 635.00 611.95
1,900 531.94 512.63 804.33 775.13
3,000 839.91 809.42 1,270.00 1,223.90
3,900 1,091.88 1,052.24 1,651.00 1,591.06
10,000 2,799.69 2,698.05 4,233.33 4,079.65

BACKGROUND
The Central Library and neighborhood branch libraries will have received up to 98% of 2024 fiscal year funding through a citywide special tax (referred to as the Library Relief Act of 1980) of $0.2698 for dwelling units and $0.4080 per square foot on all improvements to industrial, commercial, and institutional real property. The purpose of this voter-approved tax is to provide a stable revenue source to ensure the provision of library services at the level which permits library operations six days a week at branch libraries, seven days a week at the Central Library, and which permits the purchase of library materials at levels which are commensurate with the libraries’ hours of service, staffing, and patron needs.

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

RATIONALE FOR RECOMMENDATION
Adopting the per capita April Consumer Price Index in the immediate San Francisco Bay Area would contribute an incremental increase of approximately $36,699 to projected FY 2025 revenue over that of the Personal Income Growth factor in California.

ALTERNATIVE ACTIONS CONSIDERED
The fiscal impact on the Library Tax Fund of adopting the Personal Income Growth factor in California of 3.620% instead of the per capita April Consumer Price Index in the immediate San Francisco Bay Area of 3.767% would be a reduction of $36,699 in projected FY 2025 library tax receipts.

The fiscal impact on the Library Tax Fund of forgoing an adjustment to the fiscal year’s library tax rate would be a reduction of $940,448 in projected FY 2025 library tax receipts when compared to the recommendation.

CONTACT PERSON
Henry Oyekanmi, Director of Finance, 981-7301
Tess Mayer, Director of Library Services, 981-6195

FY 2025 Special Tax Rate: CONSENT CALENDAR
Fund the Provision of Library Services June 25, 2024

Attachments:

1. Ordinance

2. 2024 05 30 Library Tax Report v1.0

3. BOLT Resolution No. R24-078

ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND LIBRARY

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

Section 1. The FY 2025 Tax Rate to support usual and current expenses of operating library services is set at $0.2800 per square foot for dwelling units and $0.4233 per square foot for industrial, commercial and institutional buildings.

Section 2. The cost to taxpayers during FY 2025 will be $419.95 for a 1,500 square foot dwelling and $635.00 for all other property of similar size.

Section 3. This tax rate will result in estimated total collections of $25,905,893.

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

Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 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.

III Action Calendar
Item B

ACTION CALENDAR
May 30, 2024
2090 Kittredge Street, Berkeley, CA 94704 ● Tel: (510) 981-6195 ● Website: www.berkeleypubliclibrary.org To: Board of Library Trustees
From: Tess Mayer, Director of Library Services, and Nneka Gallaread, Fiscal and Administrative Services Manager
Subject: Recommendation to City Council on FY 2025 Library Tax Rate

RECOMMENDATION
Adopt the resolution to recommend that the Berkeley City Council set the FY 2025 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2800 (28.00 cents) per square foot for dwelling units and $0.4233 (42.33 cents) per square foot for industrial, commercial, and institutional buildings.

FISCAL IMPACTS OF RECOMMENDATION
The total revenue generated by the Library Tax in FY 2025 is expected to be approximately $25,905,893 (net of Alameda County billing and collection fees). It is estimated that the tax will cost residential taxpayers no more than the following average amounts during Fiscal Year 2025, as compared with amounts for FY 2024:

Annual Tax – Dwelling Units Annual Tax – All Other PropertiesSquare Feet FY25 FY24 FY25 FY24
1,200 $335.96 $323.77 $508.00 $489.56
1,500 419.95 404.71 635.00 611.95
1,900 531.94 512.63 804.33 775.13
3,000 839.91 809.42 1,270.00 1,223.90
3,900 1,091.88 1,052.24 1,651.00 1,591.06
10,000 2,799.69 2,698.05 4,233.33 4,079.65

BACKGROUND
The Central Library and neighborhood branch libraries will have received up to 98% of 2024 fiscal year funding through a citywide special tax (referred to as the Library Relief Act of 1980) of $0.2698 for dwelling units and $0.4080 per square foot on all improvements to industrial, commercial, and institutional real property. The purpose of this voter-approved tax is to provide a stable revenue source to ensure the provision of library services at the level which permits library operations six days a week at branch libraries, seven days a week at the Central Library, and which permits the purchase of library materials at levels which are commensurate with the libraries’ hours of service, staffing, and patron needs. Refer to Attachment 2.

Tax Rate Indices: PIG + CPI for table of rates since 2008 and the Board’s recommendation to the City Council.

CURRENT SITUATION
For the current fiscal year, Berkeley’s Library Tax will raise around $24.9 million. The tax rates, initiated by a recommendation from the Director of Library Services to the Board, may be adjusted annually by indexing up to the greater of the Consumer Price Index in the immediate San Francisco Bay Area or the per capita Personal Income Growth factor in California.

The FY 2025 tax of $0.2800 for dwelling units and $0.4233 for all other property are recommended based on the per capita Consumer Price Index in the immediate San Francisco Bay Area of 3.767%, as the voters approved the greater of that or the Personal Income Growth Factor in California Area of 3.620%. In

BERKELEY PUBLIC LIBRARY

ACTION CALENDAR REPORT
Recommendation to City Council on FY 2024 Library Tax Rates Page 2 addition, the Director of Library Services recommends that the Board of Library Trustees recommend that the City Council adjust the tax rate by 3.767%. The recommended library tax rates for FY 2025 are expected to yield total revenue of approximately $25,905,893 (net of Alameda County billing and collection fees).

At a special meeting of the Board of Library Trustees held on May 17, 2023, the Board of Library Trustees recommended via BOLT Resolution No.: R23-022 that the City Council increase tax rates for FY 2024.

RATIONALE FOR RECOMMENDATION
Adopting the per capita April Consumer Price Index in the immediate San Francisco Bay Area would contribute an incremental increase of approximately $36,699 to projected FY 2025 revenue over that of the Personal Income Growth factor in California.

ALTERNATIVE ACTIONS CONSIDERED
The fiscal impact on the Library Tax Fund of adopting the Personal Income Growth factor in California of

3.620% instead of the per capita April Consumer Price Index in the immediate San Francisco Bay Area of

3.767% would be a reduction of $36,699 in projected FY 2025 library tax receipts.

The fiscal impact on the Library Tax Fund of forgoing an adjustment to the fiscal year’s library tax rate would be a reduction of $940,448 in projected FY 2025 library tax receipts when compared to the recommendation.

FUTURE ACTION
The Board of Library Trustee’s recommendation will be forwarded to the City’s Director of Finance for inclusion as a submittal to the City Council for action.

CONTACT PERSON
Tess Mayer, Director of Library Services, 510-981-6195
Attachments:

1. Resolution

2. Tax Rate Indices: PIG + CPI

BOARD OF LIBRARY TRUSTEES
RESOLUTION NO: R24-078
2090 Kittredge Street, Berkeley, CA 94704 ● Tel: (510) 981-6195 ● Website: www.berkeleypubliclibrary.org RECOMMEND THAT THE BERKELEY CITY COUNCIL SET THE FY 2025 TAX RATE FOR THE LIBRARY SERVICES TAX AT $0.2800 (28.00 CENTS) PER SQUARE FOOT FOR DWELLING UNITS AND $0.4233 (42.33 CENTS) PER

SQUARE FOOT FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BUILDINGS BASED ON THE APRIL CONSUMER PRICE INDEX IN THE IMMEDIATE SAN FRANCISCO BAY AREA OF 3.767% WHEREAS, each year the City Council adopts an ordinance to establish the rates for the Library Services Tax, which supports the Library’s operations; and
WHEREAS, the increase is based on up to the greater of the per capita Personal Income Growth factor in California or the Consumer Price Index in the immediate San Francisco Bay Area; and WHEREAS, the Board of Library Trustees makes a recommendation to the City Council each year on the adoption of tax rates for library services, with a potential increase in the Library Services Tax rate based on either the per capita Personal Income Growth factor in California or the April Consumer Price Index in the immediate San Francisco Bay Area; and
WHEREAS, the Fiscal Year 2024-25 the April 2024 Consumer Price Index in the immediate San Francisco Bay Area is 3.767% and per capita Personal Income Growth factor for California is 3.620%; and NOW, THEREFORE, BE IT RESOLVED by the Board of Library Trustees of the City of Berkeley to recommend that the Berkeley City Council set the FY 2025 tax rate for the Library Services Tax at $0.2800 (28.00 cents) per square foot for dwelling units and $0.4233 (42.33 cents) per square foot for industrial, commercial, and institutional buildings based on the April 2024 Consumer Price Index in the immediate San Francisco Bay Area of 3.767%.

ADOPTED by the Board of Library Trustees of the City of Berkeley at a regular meeting held on May 30, 2024 by the following vote:

AYES: Trustees Ami, Greene, Hahn, Roth & Selawsky
NOES: none
ABSENT: none
ABSTENTIONS: none
________________________________________________
Amy Roth, President
________________________________________________
Tess Mayer, Director of Library Services
Serving as Secretary to the Board of Library Trustee

111 Action Calendar, Item B
Attachment 2

BERKELEY PUBLIC

LIBRARY
TAX RATE INDICES: PIG +
CPI
G:\FINANCE\BUDGETS\Yearly\[Annual Tax Rates.xlsx]BOLT 30MAY24 Year PIG* CPI^ Notes
2008 4.42% 3.200% BOLT R07-043 (9MAY07)
2009 4.29% 4.000% BOLT R08-046 (14MAY08)
2010 0.62% 0.802% BOLT R09-054 (10JUN09)
2011 -2.50% 1.717% BOLT R10-039 (25MAY10)
2012 2.51% 2.821% BOLT R11-039 (11MAY11)
2013 3.77% 2.078% BOLT R12-037 (13JUN12)
2014 5.12% 2.381% BOLT R13-033 (29MAY13)
2015 -0.23% 2.787% BOLT R14-026 (20MAY14)
2016 3.82% 2.436% BOLT R15-108 (28MAY15)
2017 5.37% 2.695% BOLT R16-018 (19MAY16)
2018 3.69% 3.789% BOLT R17-031 (31MAY17)
2019 3.67% 3.217% BOLT R18-026 (6JUN18)
2020 3.85% 4.015% BOLT R19-023 (24MAY19)
2021 3.73% 1.110% BOLT R20-018 (3JUN20): Increase declined 2022 5.73% 3.806% BOLT R21-095 (26MAY21)
2023 7.55% 4.996% BOLT R22-026 (23MAY22)
2024 4.44% 4.192% BOLT R23-022 (17MAY23)
2025 3.62% 3.77% Director Recommendation (MAY30) = CPI
BOLD
BOLT recommendation to City
Council
* per capita Personal Income Growth factor in California released late April/early May. ^ Consumer Price Index in the immediate San Francisco Bay Area released mid-May.

Internal
Office of the City Manager
2180 Milvia Street, Fifth Floor, Berkeley, CA 94704
e-mail: [email protected] (510) 981-7000 FAX (510) 981-7099 TDD: (510) 981-6903

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Grant Application: California Fire Foundation-Camps Wildfire Response Equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit a grant application to the California Fire Foundation in the amount up to $25,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FISCAL IMPACTS OF RECOMMENDATION
The grant request is for up to $25,000 for Wildfire Response Equipment for Berkeley camps. This grant program does not require a matching portion and all associated costs of the equipment purchase would be covered by the grant. The revenue from this grant will be deposited into the One-Time Grants Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
The California Fire Foundation1 offers periodic application periods for several funding areas, including Specialized Equipment. In 2023 the California Fire Foundation awarded over $1.38 million in support of 86 prevention, preparedness, relief and recovery projects statewide. Additional funding opportunities include education, planning, or community outreach campaigns, vegetation mitigation and fuels reduction, and personal protective equipment. At the end of June, 2024, the City will submit a grant proposal of up to $25,000 to purchase Wildfire Response Equipment for Berkeley camps.

BACKGROUND
Berkeley camps have a history of being impacted by wildfires. In 2013, Berkeley Tuolumne Camp was destroyed by the Rim Fire and in 2021, Echo Lake Camp barely avoided destruction by the Caldor Fire. In preparation for future wildland fire events, the Parks, Recreation, & Waterfront Department has held standing planning meetings in collaboration with the Berkeley Fire Department to prepare for a unified response to 1 https://www.cafirefoundation.org/what-we-do/for-grant-seekers

Internal
Grant Application – California Fire Foundation Grant Application CONSENT CALENDAR June 25, 2024

future wildfire events. Through this partnership, we have identified strategic goals to obtain the resources necessary to best defend the camps against wildfires.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Through the acquisition of this equipment, this project will help the City advance the following Strategic Plan Goal: 3. Create a resilient, safe, connected, and prepared city.

Sub Section 3.23, Fire Prevention. By planning for and working to prevent wildfire, the City will be working to reduce greenhouse gas emissions related to large scale forest fires and will be better positioned to safeguard City assets in the event of a fire occurring.

RATIONALE FOR RECOMMENDATION
This grant will provide funding to obtain equipment necessary Berkeley Fire Department and PRW staff to maintain and defend Berkeley Echo Lake Camp against wildfires in the future.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSONS
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Justin Pitcher, Recreation Program Supervisor, 981-6700

Attachments:
1: Resolution

Internal
RESOLUTION NO. ##-###

APPROVING THE FILING OF A GRANT APPLICATION TO THE CALIFORNIA FIRE FOUNDATION GRANT PROGRAM FOR UP TO $25,000
WHEREAS, the California Fire Foundation offers periodic application periods for several funding areas, including Specialized Equipment; and
WHEREAS, the City of Berkeley Fire Department and Parks, Recreation, & Waterfront Department have collaborated to identify needs related to fire resiliency at all Berkeley camps; and
WHEREAS, wildfire prevention and defense, as well as camper safety, will be greatly improved with wildland fire equipment available for preparation and response; and WHEREAS, the applicant will enter into an agreement with the California Fire Foundation to carry out the acquisition of identified equipment, outlined in the grant application.

NOW, THEREFORE, BE IT RESOLVED that the City of Berkeley :

1. Approved the filing of an application for “California Fire Foundation”; and

2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,

3. Appoints the City Manager or a designee (F. Scott Ferris), to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

BE IT FURTHER RESOLVED, that the City of Berkeley authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

BE IT FURTHER RESOLVED, that a record signature copy of said agreements and any amendments to be on file in the City of Berkeley’s Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

CURRENT SITUATION AND ITS EFFECTS
The City Auditor’s report included 12 recommendations. Five of the recommendations have been implemented, one has been partly implemented and six of the recommendations have been started. The next status update report will be in six months.

Included in the update is progress on two significant recommendations. We have recently implemented an electronic staffing software solution that will improve ability to monitor overtime and resources. The Department worked with the City Attorney’s Office to develop Policy 1043 which describes the procedures and contractual agreement requirements for working with outside entities. That policy is attached to this item.

Information about the process as well as the application itself are also available on the Police Department website at;
https://berkeleyca.gov/safety-health/police/community-liaisons

POLICY COMMITTEE RECOMMENDATION
No final action was taken by the Budget & Finance Committee. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.
1 City Auditor’s Office Overtime Audit (3/3/2022)
https://berkeleyca.gov/sites/default/files/2022-04/Berkeley%20Police%20- %20Improvements%20Needed%20to%20Manage%20Overtime%20and%20Security% 20Work%20for%20Outside%20Entities.pdf

Consent item
June 25, 2024

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

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

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

ATTACHMENTS

1. Police Overtime Recommendation Table

2. Policy 1043 - Extra Duty Employment
Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

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

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

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

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

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

Police 9/1/2023 Started:

The CareWare electronic staffing software solution
has recently been implemented to monitor staffing,
overtime and time off, plus shift trades/swaps. Now
that the software is being utilized, BPD will be better able to work towards understanding the expense
and impacts of compensatory time.

Not Started
Overtime is used
to maintain
minimum patrol
staffing set by
BPD.

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

Police Ongoing Started:

The City of Berkeley released an RFP for a "Berkeley
Police Department Workload Organizational Study".

A vendor for the organizational workload study has
been selected and BPD is entering into the
contracting process.

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

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

Police 9/1/2023 -
3/1/2024
Started:

Annually, BPD will monitor and reassess workloads
as they consider how to best allocate resources.

These internal tools were used with the March 2023
timesheet to help identify a new beat structure to
ensure adequate coverage plus rebalancing
minimum staffing levels.

Not Started
Recommendation
Audit Title: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

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

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

Police 9/2/2022 Implemented:

This information has been placed on the BPD
webpage. The button “current officer shift
assignments” links to a timesheet with officer
assignments. Information can be viewed at
https://berkeleyca.gov/safety-
health/police/community-liaisons. The public-facing
CoB website additionally includes the following
language: "Note: The timesheet and minimum
staffing levels are a starting point for each shift
assessed every six months and commanders have a
number of options to consider regularly. There are
often daily assessments, as well. Overtime to backfill
officers is typically triggered when a patrol team's
staffing drops below 9 or 10, depending on which
Patrol team, or as other needs may dictate (crimes,
emergencies, protests, etc.). These numbers are
always subject to change."
Implemented
Minimum staffing
levels in BPD’s
Patrol Unit could
cause unnecessary
overtime if not
regularly updated.

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

Police 9/1/2023 -
3/1/2024
Started:

A vendor for the organizational workload study has
been selected and BPD is entering into the
contracting process.

Not Started

Officers work
excessive
overtime,
increasing health
and safety risks.

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

Police 3/1/2024 Started:

BPD has started looking into what other agencies do
regarding limiting the number of consecutive days
worked. The current policy addresses the maximum
number of work hours per week but does not
address consecutive days worked. The recent
implementation of the electronic staffing software
solution and tracking abilities may also help guide
any needed changes.

Not Started
Officers work
excessive
overtime,
increasing health
and safety risks.

3.2 Work to implement a staffing
software solution that integrates
overtime management and
scheduling software. Develop
management reports that provide
timely, accurate, and complete
information on overtime usage.

Develop a process for filling
overtime shifts on a voluntary and
mandatory basis, including
supervisor approval. Build in
warnings for when an individual is
approaching overtime limits and
an approval process for allowing
individuals to exceed limits when
deemed necessary according to
the policy.

Police 3/8/2023 Implemented:

The CareWare electronic staffing software solution
has recently been implemented to monitor staffing,
overtime and time off, as well as shift trades/swaps.

This includes a warning notice within the system
that someone could be working more than the
allowed number of hours. This warning requires
acknowledgement by the user allowing the hours.

Started

BPD has no
contracts for
overtime security
with outside
entities.

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

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

Police Ongoing Implemented:

BPD finalized Policy 1043 and will begin using the
newly created contracts with outside entities.

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

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

Police Ongoing Partly Implemented:

Service agreements for work with outside entities
are drafted and available on the Police Department's
website. BPD's sergeant in special events will be
doing outreach to all of the regular
consumers/requesters as a next step.

Started

BPD has no
contracts for
overtime security
with outside
entities.

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

Police 3/30/2023 Implemented:

The application and service agreement have been
added to the BPD website on the Community
Liaisons page under 'Related Documents'. BPD will
be working with their web management team to add
it to the main City of Berkeley website in the 'Special Events' section. A 10% fee was added on top of
employee fees to offset costs associated with
coordinating special events, including planning and
staff time. 10% is a standard administrative fee at
the state level and is standard administrative fee for
grant funding they receive. BPD wants to be
consistent with department administrative fees
throughout BPD. The police department will adjust
the administrative fee in the future as needs dictate.

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

4.4 BPD should reconcile invoices
with the amounts received for
work with outside entities at
regular intervals. BPD should also
implement procedures to check
invoices for errors prior to billing
outside entities.

Police 3/7/2023 Implemented:

BPD's Admin & Fiscal Services Unit developed a
written procedure for the 'Outside Entity Billing
Process'. This will ensure consistency and
accountability in billing and tracking.

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

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

Police Ongoing Started:

BPD is in the beginning stages of developing
potential solutions to account for different funds. It
may require collaboration with Finance, Budget,
Payroll Audit, the ERMA Team, and other
stakeholders.

Started

Policy
1043
Berkeley Police Department
Law Enforcement Services Manual
Copyright Lexipol, LLC 2023/03/30, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Extra Duty Employment - 1 Extra Duty Employment
1043.1 PURPOSE AND SCOPE
This policy covers extra duty employment, which consists of officers working special details wherein the City of Berkeley has a contractual agreement to provide services for a fee to private third parties. 1043.1.1 DEFINITIONS
Extra Duty Employment- Extra Duty Employment occurs when a member of this Department performs police services at the request of a private third party and receives overtime compensation or wages paid directly into their routine pay, the cost of which the City will recover pursuant to a Service Agreement between the private third party and the City. Approval shall be obtained from the Chief of Police prior to any overtime being posted for Extra Duty Employment. 1043.2 OBTAINING APPROVAL FOR EXTRA DUTY EMPLOYMENT
All requests for Extra Duty Employment will be offered only after a third party has signed a Service Agreement and completed an Application for Extra Duty Services prior to the officers being assigned.

The City is under no obligation to provide or approve Extra Duty Employment and all requests must consider the following criteria:
• The overall staffing needs of the Department, including Investigations and specialized patrols such as the Bike Force Team
• The impact of the request on officer wellness and fatigue mitigation • The degree to which the extra duty employment supports overall public safety and builds connections with the community.
• The potential the extra duty employment has to cast discredit upon or create embarrassment for the Department or City Government.

In instances where the Department chooses not to staff an Extra Duty Employment opportunity, the private third party will not incur any charges.

The completion of a Service Agreement and Application for Extra Duty Services is required for all events in which the Berkeley Police Department will seek reimbursement. All police grant work is excluded from this policy. Mutual Aid response from the Berkeley Police Department may include incidents wherein reimbursement is expected, however it is explicitly excluded from the provisions of the Extra Duty Employment, and is covered under General Order M-02, and Policy 327 (upon its publication).

Any private third party seeking Extra Duty Employment shall complete the following:
• The private third party must complete the Service Agreement in order to request Extra Duty Employment. This form is available on the Police Department's website, and is attached to this policy. • The Service Agreement may be entered into for a one-time event, for repeating events, or to cover continuous service. Service Agreements for Extra Duty Employment will span no longer than the duration of one calendar year, automatically resetting every January 1st for events that seek continuous services. In circumstances like the Berkeley Unified School District which may have different events spanning the year, the Service Agreement for Extra Duty Employment should identify what activities or events (i.e. sporting events, dances, graduation) are anticipated. Extra Duty Employment outside of these events will require an additional application. This allows for adjusted staffing consistent with the needs of each respective event.

Berkeley Police Department
Law Enforcement Services Manual
Extra Duty Employment
Copyright Lexipol, LLC 2023/03/30, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Extra Duty Employment - 2 • City Manager approval must be obtained for all Service Agreements . • The private third party must complete an Application for Extra Duty Employment. This form is available on the Police Department's website, and is attached to this policy. • The private third party must submit the Application for Extra Duty Employment and any additional supporting documents to the Special Events Sergeant.
• Chief of Police approval must be obtained for all Applications for Extra Duty Employment • The Special Events Sergeant will be the contact person between the Department and the private third party on the status of their respective application.
• The Special Events Sergeant will be responsible for posting the overtime. • The Special Event Sergeant shall maintain records of all submitted Extra Duty Employment requests and shall be responsible for annual renewal of Service Agreements. 1043.3 EXTRA DUTY EMPLOYMENT- SWORN PERSONNEL
Sworn personnel are subject to the following provisions regarding Extra Duty Employment while working in a law enforcement function representing the Berkeley Police Department:
• Officers will treat Extra Duty Employment overtime like regular patrol duty, and shall be dressed in full Police Uniform, and adhere to all policies and procedures of the Berkeley Police Department. Officers are permitted to use marked police vehicles as appropriate while working in this capacity. • All officer conduct will be highly professional, and all law enforcement actions taken will be those authorized by the employee's status as a California police officer.
• In all Extra Duty Employment instances, the police personnel shall at all times be subject to the exclusive direction, supervision, and control of the Police Department.
• Equipment, including vehicles, may be assigned by the Police Department based on the nature and duration of the work to be performed.

See attachment: BPD Service Agreement-final.pdf
See attachment: Application for Extra Duty Services.pdf

Law Enforcement Services Manual
Copyright Lexipol, LLC 2023/03/30, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Attachments - 3 Attachments

Attachment
Law Enforcement Services Manual
Copyright Lexipol, LLC 2023/03/30, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** BPD Service Agreement-final.pdf - 4 BPD Service Agreement-final.pdf
BPD Service Agreement-final.pdf

CITY OF BERKELEY POLICE DEPARTMENT SERVICE AGREEMENT
This agreement for services (“Agreement”) is by and between the City of Berkeley, a chartered California municipal corporation (“City”) and __________________ (“Organization”). The City and the Organization may be referred to herein individually as a “Party”, or collectively as the “Parties”.

The Parties agree to the following terms and conditions:

1. DATES: Unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on __________ and terminate on ______________.

2. SERVICES; CONDITIONS; CITY EMPLOYEES: In exchange for the compensation from the Organization, as described in this Agreement, the City’s Police Department Peace Officer Personnel (“Personnel”) shall provide security services, crowd control, and/or traffic control (collectively, “Services”) as may be separately requested by the Organization and agreed upon by the City. In performing such Services, the Personnel shall be utilized only in their capacity as Peace Officers, as defined by California Government Code Section 50920 and Penal Code Sections 830 and 830.1.

The Personnel shall, at all times, be subject to the exclusive direction, supervision, and control of the City. The Personnel shall remain employees of the City when performing Services under this Agreement, and shall not be deemed employees of the Organization.

Services shall be provided only upon written request by the Organization via the completion of an Application for Extra Duty Services, attached hereto as Exhibit A. Any request shall include the date and time-period for which Services are required, the number of Personnel anticipated, and a description of the Services. The City may reject any request for any reason in its sole discretion.

The City’s ability to perform such Services is subject to the availability of its Personnel, as such availability may be determined by the City in its sole discretion. It is understood and agreed that the City assumes no liability for its rejection of any request for Services or its inability to provide Personnel for Services on any particular date and/or time.

3. BILLING: The Organization will be billed by the City for Services rendered by the Personnel at the overtime rate of the individual Personnel who provide the Services plus indirect costs of 10% of the hourly rate. The specific hourly rate for the individual Personnel shall be determined by the City and shall include a three-hour minimum charge per individual Personnel. Billing for Services shall begin from the time the officer leaves the police station to travel to the off-site work area and will continue until the officer has returned from the off-site work area to the police station.

4. INDEMNITY/HOLD HARMLESS: To the maximum extent permitted by law, and excluding the gross negligence or willful misconduct by the Personnel while providing the Services, the Organization shall defend, indemnif
y, and hold harmless, the City
(including any City employee, officer, or agent), from any claim, injury, loss, or damage,

including all costs and reasonable attorney’s fees, in any way arising from the Services provided under this Agreement.

5. LIABILITY INSURANCE/ADDITIONAL INSUREDS: The Organization shall provide and maintain certificates of insurance for a Commercial General Liability and Automotive Liability insurance policy (in a form acceptable to the City Attorney’s Office), which carries general policy coverage limits of at least one million dollars ($1,000,000).

The Organization shall also provide an endorsement to such insurance policy providing coverage at least as broad as Insurance Services Office Endorsement CG 2010, 1985 Edition, which names the City of Berkeley and its employees, officers, and agents as additional insureds under said policy. Such insurance shall be primary and non- contributing, and shall include a waiver of any right of subrogation against the City. The Additional Insureds endorsement must include the following, or very similar, language:

The City of Berkeley and its employees, officers, and agents are hereby added as additional insureds with respect to liability arising out of the paid services the City provides to the Organization under the terms of the Berkeley Police Department Service Agreement.

6. WORKER’S COMPENSATION CLAIMS
An employee’s worker’s compensation claim for an injury sustained while performing Services under this Agreement shall be primarily covered by the City’s Workers’ Compensation Insurance Plan.

7. BINDING and NON-DELEGATION: The City and Organization bind themselves to the terms and conditions of this Agreement, and except as otherwise set forth in this Agreement, no interest in this Agreement or any of the Services provided for in a request under this Agreement shall be assigned, delegated, or transferred, either voluntarily or by operation of law, without the prior written approval of the Parties.

8. NOTICES: All notices prescribed by this Agreement shall be in writing and shall be deemed effective once delivered and properly receipted by:

To City: Chief of Police
Berkeley Police Department
2100 Martin Luther King, Jr., Way
Berkeley, CA 94704
To Organization: ________________
________________
________________

9. GOVERNING LAW: This Agreement shall be governed and construed in accordance with City of Berkeley Municipal Code and the laws and regulations of the State of California.

10. AMENDMENTS: The City or Organization may, from time to time, request changes in the terms and conditions of this Agreement. Such changes, which are mutually agreed upon in writing by the City and Organization shall be incorporated in amendments to this Agreement.

11. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile or scanned email attachment, shall be sufficient to bind the Parties.

12. OTHER AGREEMENTS: This Agreement shall not supersede, amend, or otherwise alter any other contract, memorandum of understanding, or any other written agreement between the Parties.

13. UNDERSTANDING/AUTHORITY TO SIGN: The Parties hereby certify that they have read the above terms and conditions, and agree to conform to them and all laws and regulations pertaining to the use of City Personnel for the purposes as set forth in this Agreement. The signatories below warrant and represent they have the authority to bind the Party to the terms of this Agreement.

CITY OF BERKELEY
Dated: ________________________
Office of the City Manager
City of Berkeley
2180 Milvia Street, 5
th Floor
Berkeley, CA 94704
ORGANIZATION NAME: _____________________________
Dated: _________________________
By:
(Signature of Person authorized to bind the Organization) Name:

Title:

Address:

Email Address:

Telephone: ( )
Fax: ( )

Attachment
Law Enforcement Services Manual
Copyright Lexipol, LLC 2023/03/30, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Application for Extra Duty Services.pdf - 5 Application for Extra Duty Services.pdf
Application for Extra Duty Services.pdf

BERKELEY POLICE DEPARTMENT
2100 Martin Luther King Junior Way, Berkeley, CA 94704
TEL: (510) 981-5900, T
DD (510) 981-5799, FAX: (510) 981-5744
EMAIL: [email protected]

APPLICATION FOR EXTRA DUTY SERVICES

Applicant Information
Name: Address:

Phone: Alternate Phone:

Email:

Reason for Request and Officer Responsibilities
One Time Event ☐ Annual Employer ☐
Reason for the Request:

List Responsibilities that Officer(s) will provide:

Number of Officer(s) Requested:

Event Information
Date(s) of Event:

Event Address:

Company or Event Name:

Company Address:

Company Phone: Email:

Insurance:

A completed general liability endorsement for $1,000,000 naming the prospective employee(s) as the insured for the period of Extra Duty Employment is required.

Insurance Agency Name: Phone Number:

Policy Number: Expiration Date:

A copy of the Insurance Policy Attached, If not explain: __________________________________________ Billing:

The Organization will be billed by the City for Services rendered by the Personnel at the overtime rate of the individual Personnel who provide the Services plus indirect costs of 10% of the hourly rate. The specific hourly rate for the individual Personnel shall be determined by the City and shall include a three -hour minimum charge per individual Personnel. Billing for Services shall begin from the time the officer leaves the police station to travel to the off-site work area and will continue until the officer has returned from the off- site work area to the police station.

The applicant’s submission is an acknowledgement that any Police Services offered are subject to the City of Berkley Police Department Service Agreement, and that Police Officers will adhere to all Berkeley Police Department policies, procedures, and all local, state, and federal laws. The applicant further acknowledges and agrees that in all instances, the police personnel shall at all times be subject to the exclusive direction, supervision, and control of the Police Department.

Applicant Signature Applicant has declared that the information provided in this application is true and correct.

Signature: Date:

BPD USE| Received By: Date Received:

Update on Audit Recommendations
BERKELEY POLICE: IMPROVEMENTS NEEDED TO MANAGE OVERTIME

AND SECURITY WORK FOR OUTSIDE ENTITIES

Findings

1. Overtime is used to maintain minimum patrol staffing set by BPD. (2 recommendations)

2. Minimum staffing levels in BPD’s Patrol Unit could cause unnecessary overtime if not regularly updated. (3 recommendations)

3. Officers work excessive overtime, increasing health and safety risks. (2 recommendations)

4. BPD does not have contracts for overtime security with outside entities. (5 recommendations)

Implementation Status Overview
12 total recommendations
2 started
10 implemented

Recommendation 1.1
Collect and monitor data on how often compensatory time leads to additional backfill overtime and develop a plan to monitor it. ▪BPD now has a formal process to monitor how often compensatory time leads to backfill overtime with data from the electronic staffing software. The Police Technology Unit will create a biannual report on this data to be reviewed by the Captain of the Support Services Division and the Office of the Chief.
▪We implemented this change in July 2023. The first biannual report to track this information data will be created in January 2024.

FINDING 1: OVERTIME IS USED TO MAINTAIN MINIMUM PATROL STAFFING SET BY BPD.

IMPLEMENTED

Recommendation 1.2
Fill vacancies deemed necessary and/or reallocate staff pending the reimagining process and a determination of appropriate staffing levels.
▪BPD contracted with a consultant, Citygate Associates, to conduct an assessment of staffing and allocation of resources. CityGate will provide a final report documenting the results of the staffing assessment along with the assessment criteria.
▪Citygate has been conducting data collection, interviewing staff and is assessing current deployments. An internal survey and a series of focus groups with key stakeholders are being prepared. The work with Citygate is on schedule and expected to be completed before June 2024. Once complete, BPD will determine next steps for implementation.
▪This recommendation is interconnected with 2.3
FINDING 1: OVERTIME IS USED TO MAINTAIN MINIMUM PATROL STAFFING SET BY BPD.

STARTED

Recommendation 2.1
Establish a procedure to regularly assess minimum staffing and overall staffing needs of the department. This process should document and incorporate criteria to assess staffing levels, such as calls for service, other workload, community input, and other relevant factors. As BPD prepares for the rollout of a new software system, BPD should consider how to best align the program’s capabilities with this assessment process.
▪BPD has created a written protocol to assess minimum staffing and department staffing needs biannually. The protocol incorporates criteria such as calls for service and shift availability. The protocol also considers allocation of police resources geographically, i.e. beat alignment.

FINDING 2: MINIMUM STAFFING LEVELS IN BPD’S PATROL UNIT COULD CAUSE UNNECESSARY OVERTIME IF NOT REGULARLY UPDATED.

IMPLEMENTED

Recommendation 2.2
Document and define the Patrol Unit’s minimum staffing levels in a publicly assessible format.
▪This information has been placed on the BPD webpage. The button “current officer shift assignments” links to a timesheet with officer assignments.

Information can be viewed at: https://berkeleyca.gov/safety- health/police/community-liaisons
FINDING 2: MINIMUM STAFFING LEVELS IN BPD’S PATROL UNIT COULD CAUSE UNNECESSARY OVERTIME IF NOT REGULARLY UPDATED.

IMPLEMENTED

Recommendation 2.3
Document the results of staffing assessments along with the assessment criteria. Incorporate results into staffing projections for budgetary decision making, including establishing a sufficient and appropriate overtime budget.
▪BPD contracted with a consultant, Citygate Associates, to conduct an assessment of staffing and allocation of resources. CityGate will provide a final report documenting the results of the staffing assessment along with the assessment criteria.
▪Citygate has been conducting data collection, interviewing staff and is assessing current deployments. An internal survey and a series of focus groups with key stakeholders are being prepared. The work with Citygate is on schedule and expected to be completed before June 2024. Once complete, BPD will determine next steps for implementation.
▪This recommendation is interconnected with 1.2
FINDING 2: MINIMUM STAFFING LEVELS IN BPD’S PATROL UNIT COULD CAUSE UNNECESSARY OVERTIME IF NOT REGULARLY UPDATED.

STARTED

Recommendation 3.1
Update the department overtime policy to address the fact that there currently is no limit to the number of consecutive days worked and determine the appropriate limit for overtime that is enforceable with the goal of avoiding officer fatigue. The department may examine other jurisdictions’ overtime limits as possible criteria.
▪BPD policy 1015 has been updated to include a limit on the number of consecutive days worked. The policy also includes limitations on hours worked. This updated policy was issued on 8/23/23.

FINDING 3: OFFICERS WORK EXCESSIVE OVERTIME, INCREASING HEALTH A ND SAFETY RISKS.

IMPLEMENTED

Recommendation 3.2
Work to implement a staffing software solution that integrates overtime management and scheduling software. Develop
management reports that provide timely, accurate, and complete information on overtime usage. Develop a process for filling overtime shifts on a voluntary and mandatory basis, including supervisor approval. Build in warnings for when an individual is approaching overtime limits and an approval process for allowing individuals to exceed limits when deemed necessary according to the policy. ▪The CareWare electronic staffing software solution has recently been implemented to monitor staffing, overtime and time off, plus shift trades/swaps.

This includes a warning notice within the system that someone could be working more than the allowed number of hours. This warning requires acknowledgement by the supervisor allowing the hours.

FINDING 3: OFFICERS WORK EXCESSIVE OVERTIME, INCREASING HEALTH A ND SAFETY RISKS.

IMPLEMENTED

Recommendation 4.1
Update A.R. 2.10 and other department policies to explicitly include guidance around department agreements for work for outside entities, which is paid for by reimbursements to the City from the outside entities. Internal procedures should include appropriate criteria to identify and document the benefit to the City gained by work for outside entity agreements, and to allocate resources in a way that does not negatively impact City operations. Additionally, BPD should document their criteria for when officers are not available or eligible for work for outside entities.
▪BPD has finalized Policy 1043 and has begun using the newly created contracts with outside entities including UC Berkeley, the Bearathlon and the Berkeley Half Marathon.

FINDING 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WIT H OUTSIDE ENTITIES.

IMPLEMENTED

Recommendation 4.2
In consultation with the City Attorney, create contracts with outside entities in compliance with City policies and applicable laws.
▪A template service agreement for work with outside entities is available on the Police Department's website:
https://berkeleyca.gov/sites/default/files/documents/BPD%20Service%20Ag reement-final.pdf.
▪Three (3) service agreements have already been executed. These have been with UC Berkeley, the Bearathlon and the Berkeley Half Marathon.

FINDING 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WIT H OUTSIDE ENTITIES.

IMPLEMENTED

Recommendation 4.3
Develop an application for BPD’s services that is publicly available and accessible online to any interested party. Set pay uniformly according to rank and hourly rate and include a reasonable fee that covers the expenses of administering work for outside entities including workers compensation, fuel, use of equipment, and any other actual or potential costs to the City. ▪The application and service agreement have been added to the BPD website on the Community Liaisons page under "Related Documents". BPD will be working with their web management team to add it to the main City of Berkeley website in the "Special Events" section. https://berkeleyca.gov/safety-health/police/community-liaisons ▪ A 10% fee was added on top of employee fees to offset costs associated with coordinating special events, including planning and staff time. 10% is a standard administrative fee at the state level and is standard administrative fee for grant funding we receive. We want to be consistent with department administrative fees throughout BPD.

The police department will adjust the administrative fee in the future as needs dictate.

FINDING 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WIT H OUTSIDE ENTITIES.

IMPLEMENTED

Recommendation 4.4
BPD should reconcile invoices with the amounts received for work with outside entities at regular intervals. BPD should also implement procedures to check invoices for errors prior to billing outside entities.
▪BPD's Admin &Fiscal Services Unit developed a written procedure for the "Outside Entity Billing Process". This will ensure consistency and accountability in billing and tracking.

FINDING 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WIT H OUTSIDE ENTITIES.

IMPLEMENTED

Recommendation 4.5
Explore ways to clearly account for different funds to track revenues and expenses.
▪BPD has formalized a written protocol for an Outside Entity Billing Process.

This document reflects eleven needed steps from billing through the depositing of funds with the Finance Department and clearly identifies a method to track revenues and expenses.

FINDING 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WIT H OUTSIDE ENTITIES.

IMPLEMENTED

Update on Audit Recommendations
BERKELEY POLICE: IMPROVEMENTS NEEDED TO MANAGE OVERTIME

AND SECURITY WORK FOR OUTSIDE ENTITIES

Findings

1. Overtime is used to maintain minimum patrol staffing set by BPD. (2 recommendations)

2. Minimum staffing levels in BPD’s Patrol Unit could cause unnecessary overtime if not regularly updated. (3 recommendations)

3. Officers work excessive overtime, increasing health and safety risks. (2 recommendations)

4. BPD does not have contracts for overtime security with outside entities. (5 recommendations)

Implementation Status Overview
12 total recommendations
6 started
1 partly implemented
5 implemented

Recommendation 1.1
Collect and monitor data on how often compensatory time leads to additional backfill overtime and develop a plan to monitor it. ▪The CareWare electronic staffing software solution has recently been implemented to monitor staffing, overtime and time off, plus shift trades/swaps. Now that the software is being utilized, we will be better able to work towards understanding the expense and impacts of compensatory time.
▪Description of what is left to do and anticipated implementation date ▪Consider including resources needed to implement ($, staff, technology, attorney input, management review, etc.)
FINDING 1: OVERTIME IS USED TO MAINTAIN MINIMUM PATROL STAFFING SET BY BPD.

STARTED

Recommendation 1.2
Fill vacancies deemed necessary and/or reallocate staff pending the reimagining process and a determination of appropriate staffing levels.
▪On 12-7-22, the City of Berkeley released an RFP for a "Berkeley Police Department Workload Organizational Study". The proposals are currently being reviewed as we work toward making a vendor selection. ▪Description of what is left to do and anticipated implementation date ▪Consider including resources needed to implement ($, staff, technology, attorney input, management review, etc.)
FINDING 1: OVERTIME IS USED TO MAINTAIN MINIMUM PATROL STAFFING SET BY BPD.

STARTED