Berkeley City Council
June 25, 2024

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.
▪Annually, BPD will monitor and reassess workloads as we consider how to best allocate our resources. These internal tools were used at the March 2023 timesheet to help identify a new beat structure to ensure adequate coverage plus rebalancing minimum staffing levels.
▪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 2: MINIMUM STAFFING LEVELS IN BPD’S PATROL UNIT COULD CAUSE UNNECESSARY OVERTIME IF NOT REGULARLY UPDATED.

STARTED

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.
▪A vendor for the organizations workload study has been selected and BPD is entering into the contracting process.
▪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 2: MINIMUM STAFFING LEVELS IN BPD’S PATROL UNIT COULD CAUSE UNNECESSARY OVERTIME IF NOT REGULARLY UPDATED.

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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 has started looking into what other agencies do regarding limiting the number of consecutive days worked. BPD current policy clearly 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. ▪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 3: OFFICERS WORK EXCESSIVE OVERTIME, INCREASING HEALTH AND SAFETY RISKS.

STARTED

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 user allowing the hours.

FINDING 3: OFFICERS WORK EXCESSIVE OVERTIME, INCREASING HEALTH AND 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 will begin using the newly created contracts with outside entities.

FINDING 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WITH 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.
▪Service agreements for work with outside entities are drafted and available on the Police Department's website:
https://berkeleyca.gov/sites/default/files/documents/BPD%20Service%20Ag reement-final.pdf. BPD's sergeant in special events will be doing outreach to all of the regular consumers/requesters as a next step. ▪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 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WITH OUTSIDE ENTITIES.

PARLTY

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 WITH 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 or accountability in billing and tracking.

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

IMPLEMENTED

Recommendation 4.5
Explore ways to clearly account for different funds to track revenues and expenses.
▪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.
▪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 4: BPD DOES NOT HAVE CONTRACTS FOR OVERTIME SECURITY WITH OUTSIDE ENTITIES.

STARTED

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: Terrance Davis, Director, Public Works Department Subject: Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2024-25

RECOMMENDATION
Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

FISCAL IMPACTS OF RECOMMENDATION
Based on information provided by CaliforniaCityFinance.com and the League of California Cities, the City of Berkeley can expect to collect an estimated $3,285,125 in Road Maintenance and Rehabilitation Account (RMRA) allocated funding in Fiscal Year (FY) 2025. No budgetary action is required at this time. RMRA appropriations will be addressed with the adoption of the FY 2025 Budget.

CURRENT SITUATION AND ITS EFFECTS
California Senate Bill 1 (SB1), signed into law on April 28, 2017, increased certain vehicle fuel and registration taxes and fees, and with those funds has created an RMRA, a portion of which will be distributed to jurisdictions. The California Transportation Commission (CTC) requires jurisdictions to submit documentation annually that RMRA funds were specifically adopted for allowed local streets and roads purposes. In order to receive this funding, the City must annually submit to the State a list of projects anticipated to be completed. For FY 2025, the CTC requires the submission of a list of projects proposed to be funded with RMRA during FY 2025 by July 1 2024. The adoption of the attached resolution by Council is a CTC requirement for RMRA funding; however, the provided project list is a plan and RMRA allows for the funding of projects not included in this list as long as they meet RMRA’s requirements.

BACKGROUND
On April 28, 2017, the Governor signed Road Repair and Accountability Act (SB1) to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 provides for the deposit of various funds for the program in the RMRA, which SB1 created in the State Transportation Fund, including the following:

Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2024-25 June 25, 2024

 Revenues attributable to a $0.12 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment;  50% of a $0.20 per gallon increase in the diesel excise tax, with an inflation adjustment;
 A portion of a new transportation improvement fee imposed under the Vehicle License Fee Law with a varying fee between $25 and $175 based on vehicle value and with an inflation adjustment; and
 A new $100 annual vehicle registration fee applicable only to zero-emission vehicles model year 2020 and later, with an inflation adjustment.

The fuel excise tax increases took effect on November 1, 2017, the transportation improvement fee took effect on January 1, 2018, and the zero-emission vehicle registration fee takes effect on July 1, 2020.

Similar to the Highway Users Tax Account (HUTA), the Road Maintenance and Rehabilitation Account (RMRA) is continuously appropriated, and apportioned on a monthly basis. There is not a set monthly amount as it is use-based. The first apportionments to the City of Berkeley were received in February 2018.

According to the applicable California Streets and Highways Code, eligible projects “shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects”. There is no use-it-or-lose-it requirement in SB1, so multi-year projects are eligible. Eligible projects include, but are not limited to:
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Complete streets components, including active transportation, bike/pedestrian, transit facilities, and stormwater capture projects, in conjunction with an allowable project
 Traffic control devices
 Match for state/federal funds for eligible projects
SB1 requires cities and counties to provide basic project reporting to the CTC annually for projects to be funded through the RMRA. On August 16, 2017, the CTC adopted annual reporting guidelines for this funding. The guidelines require jurisdictions to submit documentation annually to show that RMRA funds were specifically adopted for allowed local streets and roads purposes, and also requires the submission of a list of projects proposed to be funded with RMRA during the fiscal year. The legislation also requires an annual expenditure report on work completed during the previous fiscal year to be submitted no later than October 31st.

Complete streets improvements such as bike lanes, curb ramps, and pedestrian crossing improvements are allowable uses of RMRA funds. In addition to the previously

Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2024-25 June 25, 2024

designated projects listed in last year’s Resolution No. 70,925–N.S., which will have RMRA expenditures taking place in FY 2025, staff has selected the FY 2025 Street Rehabilitation projects for use of RMRA. The projects are summarized in the following paragraph, and the complete list is provided in the Resolution (Attachment 1).

Pavement maintenance or rehabilitation as part of the FY 2025 Street Rehabilitation Project (PWENST2501). Selected segments include:
 Allston Way from Milvia St to Shattuck Ave (heavy street rehabilitation,15-year useful life)
 Arlington Ave from North City Limit to The Circle (heavy street maintenance, 10 to 15-year useful life)
 Bancroft Way from San Pablo Ave to Sacramento St (heavy street maintenance, 10 to 15-year useful life)
 Bancroft Way from Sacramento St to Martin Luther King Jr Way (heavy street rehabilitation,15-year useful life)
 California St from Oregon St to Ashby Ave (heavy street rehabilitation,15-year useful life)
 Euclid Ave from Bayview Pl to Hearst Ave (heavy street rehabilitation,15-year useful life)
 Harmon St from Idaho St to Sacramento St (reconstruction of the street, 20-year useful life)
 Haste St from Piedmont Ave to Shattuck Ave (heavy street rehabilitation,15-year useful life)
 Idaho St from 66th St to Alcatraz Ave (reconstruction of the street, 20-year useful life)
 Keeler Ave from Marin Ave to Poppy Ln (reconstruction of the street, 20-year useful life)
 Mabel St from Ward St to Ashby Ave (heavy street rehabilitation,15-year useful life)
 Mabel St from Ashby Ave to 66th St (heavy street maintenance, 10 to 15-year useful life)
 Matthews St from Ward St to Russell St (heavy street rehabilitation,15-year useful life)
 Mendocino Ave from Arlington Ave to Los Angeles Ave (reconstruction of the street, 20-year useful life)
 Mendocino Ave from Arlington Ave to Los Angeles Ave (reconstruction of the street, 20-year useful life)
 Mendocino Pl from Mendocino Ave to Los Angeles Ave (reconstruction of the street, 20-year useful life)
 Oregon St from San Pablo Ave to Grant St (reconstruction of the street, 20-year useful life)
 Oregon St from Grant St to Martin Luther King Jr Way (heavy street rehabilitation,15-year useful life)

Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2024-25 June 25, 2024

 Park St from Ward St to Burnett St (reconstruction of the street, 20-year useful life)
 Russell St from San Pablo Ave to Park St (reconstruction of the street, 20-year useful life)
 Sacramento St from University Ave to South City Limit (light street maintenance, 7 to 10-year useful life)
 Wallace St from Ward St to Russell St (reconstruction of the street, 20-year useful life)
 Wildcat Canyon Rd from Grizzly Peak to The Spiral (light street maintenance, 7 to 10-year useful life)
A continuing project with FY 2024 RMRA funding to be expended in FY 2025 is:

Pavement maintenance or rehabilitation as part of the FY 2024 Street Rehabilitation Project (PWENST2401). Selected segments include:
 Derby Street from Sacramento Street to Martin Luther King Jr. Way (overlay; 10- year useful life)
 Derby Street from Milvia Street to Telegraph Avenue (overlay; 10-year useful life)  Grizzly Peak Boulevard from Spruce Street to Marin Avenue (overlay; 10-year useful life)
 Creston Road from Grizzly Peak Boulevard to Sunset Lane (overlay; 10-year useful life)
 Bancroft Way from Piedmont Avenue to Milvia Street (reconstruct; 20-year useful life)
 Dana Street from Bancroft Way to Dwight Way (reconstruct; 20-year useful life)  Fulton Street from Bancroft Way to Dwight Way (overlay; 10-year useful life)  Hopkins Street from San Pablo Avenue to Sutter Street (reconstruct; 20-year useful life).

Utilization of the RMRA funding will support the City’s Strategic Plan goal of creating a resilient, safe, connected, and prepared city and providing state-of-the-art, well maintained infrastructure, amenities, and facilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
RMRA funds will benefit all modes of transportation by improving road surfaces for bicyclists and transit riders as well as for auto riders, which could result in lessening greenhouse gas emissions.

RATIONALE FOR RECOMMENDATION
A project list is required to be adopted by City Council in order for the City to receive RMRA disbursements from the State Controller's office. Staff proposes use of RMRA funds for maintenance or rehabilitation of local streets as part of the FY 2025 Street Rehabilitation (PWENST2501). It should be noted that the provided project list is a plan; in the end-of-year reporting on actual spending of RMRA funds, the CTC allows for the

Approving Proposed Projects Anticipated to be Paid for by the State’s CONSENT CALENDAR Road Maintenance and Rehabilitation Account Funds for FY 2024-25 June 25, 2024

completion of projects not included in this list as long as they meet the requirements for RMRA funding.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City’s pavement condition is currently in the “at risk” category as defined by the Metropolitan Transportation Commission and is in need of continued maintenance and rehabilitation.

CONTACT PERSON
Srinivas Muktevi, Supervising Civil Engineer, Public Works (510) 981-6402 Ronald Nevels, Manager of Engineering, Public Works (510) 981-6439 Attachments:
1: Resolution

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

RESOLUTION APPROVING PROPOSED PROJECTS ANTICIPATED TO BE PAID FOR BY THE STATE’S ROAD AND MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR THE CITY OF BERKELEY FISCAL YEAR 2024-25 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must approve by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $3,285,125 in RMRA funding in Fiscal Year 2024-25 from SB 1; and WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into the community’s street priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will be used by the City for basic street maintenance and rehabilitation, critical safety projects on local roadways, and pedestrian safety and transportation projects throughout the City this year and for similar projects into the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in the low end of the fair condition category,

Internal

and this revenue will help us increase the overall quality of our road system, and improve their bicycle and pedestrian mobility and safety; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, the following list of proposed projects is anticipated to be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

FY 25 Street Rehabilitation (PWENST2501) – 10 Miles
 Segment 1, Allston Way from Milvia St to Shattuck Ave (0.14 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected in 2025.  Segment 2, Arlington Ave from North City Limit to The Circle (1.07 miles) – Heavy Maintenance of the street pavement. The work will provide a 10 to 15-year useful life.

Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 3, Bancroft Way from San Pablo Ave to Sacramento St (0.50 miles) – Heavy Maintenance of the street pavement. The work will provide a 10 to 15-year useful life.

Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 4, Bancroft Way from Sacramento St to Martin Luther King Jr Way (0.50 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 5, California St from Oregon St to Ashby Ave (0.18 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 6, Euclid Ave from Bayview Pl to Hearst Ave (0.67 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 7, Harmon St from Idaho St to Sacramento St (0.19 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.

Internal

 Segment 8, Haste St from Piedmont Ave to Shattuck Ave (0.87 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 9, Idaho St from 66th St to Alcatraz Ave (0.15 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 10, Keeler Ave from Marin Ave to Poppy Ln (0.30 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025  Segment 11, Mabel St from Ward St to Ashby Ave (0.33 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 12, Mabel St from Ashby Ave to 66th St (0.24 miles) – Heavy Maintenance of the street pavement. The work will provide a 10 to 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 13, Matthews St from Ward St to Russell St (0.23 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 14, Mendocino Ave from Arlington Ave to Los Angeles Ave (0.31 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 15, Mendocino Pl from Mendocino Ave to Los Angeles Ave (0.02 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 16, Oregon St from San Pablo Ave to Grant St (0.40 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 17, Oregon St from Grant St to Martin Luther King Jr Way (0.09 miles) – Heavy Rehabilitation of the street pavement. The work will provide a 15-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.

Internal

 Segment 18, Park St from Ward St to Burnett St (0.26 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 19, Russell St from San Pablo Ave to Park St (0.23 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 20, Sacramento St from University Ave to South City Limit (2.05 miles) – Light Maintenance of the street pavement. The work will provide a 7 to 10-year useful life.

Design is expected to start in June 2024, with construction expected to be completed by December 2025.
 Segment 21, Wallace St from Ward St to Russell St (0.23 miles) – Reconstruction of the street. The work will provide a 20-year useful life. Design is expected to start in June 2024, with construction expected to be completed by December 2025.  Segment 22, Wildcat Canyon Rd from Grizzly Peak to The Spiral (1.16 miles) – Light Maintenance of the street pavement. The work will provide a 7 to 10-year useful life.

Design is expected to start in June 2024, with construction expected to be completed by December 2025.

The following previously proposed and approved projects may utilize FY 2024-25 Funds Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

FY 24 Street Rehabilitation
 Segment 1, Derby Street from Sacramento Street to Martin Luther King Jr. Way (0.48 miles)– overlay the street pavement. The work will provide a ten-year useful life. Construction is to start in July 2023 and will be completed by December 2023.  Segment 2, Derby Street from Milvia Street to Telegraph Avenue (0.56 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in July 2023 and will be completed by December 2023.  Segment 3, Grizzly Peak Boulevard from Spruce Street to Marin Avenue (0.67 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2024 and will be completed by December 2024.  Segment 4, Creston Road from Grizzly Peak Boulevard to Sunset Lane (0.36 miles) – overlay the street pavement. The work will provide a ten-year useful life.

Construction is to start in June 2024 and will be completed by December 2024.

Internal

 Segment 5, Bancroft Way from Piedmont Avenue to Milvia Street (0.61 miles) - reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in August 2024 and will be completed by December 2025.  Segment 6, Dana Street from Bancroft Way to Dwight Way (0.25 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in August 2024 and will be completed by December 2025.  Segment 7, Fulton Street from Bancroft Way to Dwight Way (0.25 miles) – overlay the street pavement. The work will provide a ten-year useful life. Construction is to start in August 2024 and will be completed by December 2025.  Segment 8, Hopkins Street from San Pablo Avenue to Sutter Street (1.62 miles) – reconstruct the street pavement. The work will provide a twenty-year useful life.

Construction is to start in June 2024 and will be completed by December 2024.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to submit the list of proposed projects to the California Transportation Commission as required by Senate Bill 1, Road Repair and Accountability Act of 2017.

Office of the City Manager
2180 Milvian Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [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: Terrance Davis, Director, Public Works
Subject: Purchase Order: WEX Fuel Card Program for Fueling of City Vehicles

RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Sections 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a multi-year purchase order for the WEX Fuel Card Program for fueling City vehicles in an amount not to exceed $1,500,000 through June 30th, 2029.

FISCAL IMPACTS OF RECOMMENDATION
The WEX Fuel Card Program will not exceed $1,500,000 during the contract period and includes both refueling and charging of fleet vehicles. Funding for this program is subject to appropriation in Public Works’ Equipment Maintenance Fund (Fund 672) budget for bulk fuel purchases for FY 2025. Additionally, funding will be appropriated over the next four fiscal years (FY 2026 to FY 2029) in the Equipment Maintenance fund during the annual budget process.

CURRENT SITUATION AND ITS EFFECTS
Public Works provides fueling to all City fleet vehicles at two locations within the City, the Corporation Yard located at 1326 Allston Way and the Transfer Station located at 1201 Second Street. Staff vehicle operators must spend time traveling across the City to refuel at these locations. This creates increased traffic at these sites. If fuel pumps are down for maintenance or repair, this limits the number of stations that operators can use to refuel.

The WEX Fuel Card Program allows cities to refuel vehicles at commercial gas and electrical charge stations which is critical in the event of emergency or if the City’s fueling locations are out of service. This includes charging of electrical and hybrid vehicles. The City has 15 stations within City limits that can be used, including national fueling chains. WEX can also be used outside a city’s limits to allow for fueling in case an operator needs to travel longer distances and needs to refuel which is critical for Police and Fire during mutual aid support operations.

Purchase Order: WEX Fuel Card Program CONSENT CALENDAR
for Fueling of City Vehicles June 25, 2024

The WEX Fuel Card Program would supplement the majority of Public Works’ fueling work by providing additional fueling options for vehicles operators. This will decrease traffic at the Corporation Yard and Transfer Station, reduce time spent by operators to travel and refuel at those sites, and give operators more refueling options in case of emergency or if City fuel pumps are down for maintenance and repair. Rollout will start with Police and Fire Department fleet vehicles and then expand to all other City departments.

The WEX Fleet Fueling program also provides several additional benefits to the City.

WEX provides reporting functionality to control access of funds, alerts on preset card limits, price comparison between WEX affiliated fueling stations, and real-time tracking of fuel usage, which can be integrated into Public Works’ Assetworks Management System.

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

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

The City has been a no-cost member of Sourcewell formerly National Joint Powers Alliance (NJPA), a municipal contracting agency operation under the legislative authority of Minnesota Statue 123A.21.

The original 1978 statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs. Sourcewell serves all educational, government, and non-profit agencies nationwide, and offers cooperatively contracted products, equipment and service opportunities to government entities throughout the U.S.

All Sourcewell contracts have been competitively solicited nationwide. On June 18, 2020, Sourcewell released Request for Proposal No. 080620, fleet payment solutions for related services, which included purchases for fuel and electric charging station fees for fleet vehicles. The solicitation was released for approximately 48 days and four proposals were submitted and received. Upon review, the Sourcewell proposal evaluation committee selected WEX Bank as the best most responsive proposer to meet the specifications thusly awarding Contract No. 080620-WEX.

For all contracts, Sourcewell charges an administrative fee based upon a percentage of

Purchase Order: WEX Fuel Card Program CONSENT CALENDAR
for Fueling of City Vehicles June 25, 2024

the sales, and that fee is paid by the Sourcewell. In this instance, an additional fee of 1% will be paid by Sourcewell Contract holder WEX Bank and this cost will not be passed on to the City.

On December 12, 2023, the City approved Resolution 71,040-N.S., authorizing the City Manager to execute a multi-year purchase order with Pinnacle Petroleum, Inc. for bulk purchases of diesel and gasoline. Public Works will still continue to provide fuel for City fleet vehicles, utilizing the aforementioned contract, however the WEX Fleet Fueling Program will ensure that operators can efficiently refuel where ever they are working.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The WEX Fuel Program provides key fobs to pay for Electrical Vehicle charging. This supports the electrification of the City’s fleet and provides additional charging options for vehicle operators as the City continues to build out its electrical charging infrastructure.

RATIONALE FOR RECOMMENDATION
The WEX program will provide City of Berkeley vehicle operators several more options for refueling their vehicles, saves staff time and costs by having operators travel less distance to refuel, and reduces traffic at the Corporation Yard and Transfer Station. It will also provide an alternative to the City’s fuel islands in the event of emergency or it being out of service.

ALTERNATIVE ACTIONS CONSIDERED
The City can continue to only utilize the Corporation Yard and Transfer Station fueling islands, but this will limit fueling options during emergency situations.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Peni Basalusalu, Deputy Director, Public Works, 510-981-6485 Greg Ellington, Superintendent, Public Works, (510) 981-6469 Attachment:
1: Resolution: Purchase Order: WEX Fuel Card Program for Fueling of City Vehicles

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

PURCHASE ORDER: WEX FUEL CARD PROGRAM FOR FUELING OF CITY

VEHICLES
WHEREAS, City of Berkeley Public Works needs vehicle operators to have the ability to refuel and charge their vehicles at additional locations throughout the City; and WHEREAS, the WEX Fleet Fueling Program allows vehicle operators to refuel and charge their vehicles at participating fueling stations; and WHEREAS, City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, on June 18, 2020, Sourcewell released Request for Proposal No. 080620 fleet payment solutions for related services, which included purchases for fuel and electric charging station fees for fleet vehicles. The solicitation was released for approximately 48 days and four proposals were submitted and received. Upon review, the Sourcewell proposal evaluation committee selected WEX Bank as the best most responsive proposer to meet the specifications thusly awarding Contract No. 080620-WEX; and WHEREAS, Sourcewell contract bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funds will be allocated from the FY 2025 baseline budget in Equipment Maintenance Fund 672 and funds for additional years will be appropriated from the through the annual budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for the WEX Fuel Card Program for fueling of City of Berkeley vehicles in an amount not to exceed $1,500,000 through June 30, 2029.

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: Terrance Davis, Director, Public Works Department Subject: Contract: Bay Construction Co. for the Second Street STAIR Center Site Improvements and Shelter Units Project

RECOMMENDATION
Adopt a Resolution:
 Approving plans and specifications for Second Street STAIR Center Site Improvements and Shelter Units Project, Specification No. 23-11603-C;  Accepting the bid of Bay Construction Co. as the lowest responsive and responsible bidder; and
 Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,069,200, which includes a contingency of $97,200.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is fully programmed in the FY 2025 budget in the General Fund and Capital Improvement Fund.

All costs will be paid from the General and Capital Improvement Funds including amendments, extensions or other change orders until completion of the project.  $768,100.00:………………………….General Fund
 $301,100.00:………………………….Capital Improvement Fund
Low bid by Bay Construction Co. ...................................................$972,000 10% Contingency $97,200
Total Construction Cost NTE $1,069,200
No further funding is required, and no other projects will be delayed due to this expenditure.

Contract: Bay Construction Co. CONSENT CALENDAR
for Second Street STAIR Center Site Improvements and Shelter Units June 25, 2024

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department (PW), jointly with Housing, Health, and Community Services Department (HHCS), is requesting the execution of a construction contract between the City and Bay Construction Co. to improve the Second Street STAIR Center.

The site currently houses a Navigation Center for people experiencing homelessness in the City. The program offers intensive housing navigation services and rental assistance to support participants in moving to permanent housing. Currently, 42 participants sleep in a congregate setting in two modular dormitories.

The Site Improvements and Shelter Units Project will replace the congregate sleeping trailers with thirty-two (32) new single-occupancy pre-manufactured cabins. Each cabin is provisioned with electrical, lighting, heating, and fire sprinklers. The Project also includes numerous site improvements to address accessibility deficiencies, including grading, paving, new pedestrian gates and hardware, site lighting, signage, and an ADA compliant van parking space. Concurrent with the Project’s construction will be additional work under a different contract to address accessibility deficiencies at existing office, dining, restroom, and laundry trailers that are remaining at the site.

The project is a Strategic Plan Priority Project, advancing our goal to provide state-of- the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
On April 4, 2017, Council voted unanimously to refer the creation of the STAIR Center as part of the Pathways Project to Address Homelessness in Berkeley, to the City Manager. Council allocated the funding for the capital creation of the program on June 27, 2017, and the allocated program funds on December 5, 2017. Roughly 7 months later, the City and Bay Area Community Services (BACS) opened the STAIR Center, on June 27, 2018.

In February 2020, Disability Access Consultants (DAC) conducted an accessibility survey at the STAIR Center, and identified numerous deficiencies, including in the pedestrian path of travel, parking, signage, and throughout the existing trailers.

In March 2020, the STAIR Center was forced to reduce shelter capacity to enable greater physical distancing to comply with health orders due to the COVID-19 pandemic. This reduced the effective capacity of the STAIR Center from 42 shelter beds to 22.

PW and HHCS engaged the services of an architect to begin design of the Site Improvements and Shelter Units Project in November 2021. The purpose of the project was to prevent, prepare for, and respond to the COVID-19 pandemic by adding individual sheltering structures to the site to decompress the dormitory-style sleeping

Contract: Bay Construction Co. CONSENT CALENDAR
for Second Street STAIR Center Site Improvements and Shelter Units June 25, 2024

quarters and promote social distancing between clients, and by making additional ADA improvements to better serve guests and visitors.

DAC and the Berkeley Fire Department (BFD) were engaged to provide review and input on the design of the project as related to accessibility and emergency response starting in February 2022 after initial site layout studies were prepared. Based on their input, the project incorporates accessible pathways throughout the site, several larger sleeping cabins for wheelchair users, an unobstructed fire lane and wayfinding signage for emergency responders, and fire sprinklers in each sleeping cabin.

In August 2022, PW and HHCS held an on-site meeting with members of the City’s Homeless Services Panel of Experts to review initial designs the architect developed, receiving feedback to incorporate in the final design.

The project will consist of replacing the existing congregate sleeping trailers with thirty- two (32) pre-manufactured single-occupancy sleeping cabins to provide more privacy for participants, which is preferred by people living on the streets. The project will also consist of accessibility improvements, landscaping, and related work.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects of this action.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work.

ALTERNATIVE ACTIONS CONSIDERED
None. The City can elect not to construct the project, however deferring the work will lead to continued deterioration of the building.

CONTACT PERSON
Elmar Kapfer, Supervising Civil Engineer, Public Works (510) 981-6435 Ronald Nevels, Manager of Engineering, Public Works (510) 981-6439 Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: BAY CONSTRUCTION CO. FOR THE SECOND STREET STAIR

CENTER SITE IMPROVEMENTS AND SHELTER UNITS PROJECT
WHEREAS, the Second Street STAIR Center was required to reduce its shelter bed capacity to enable greater physical distancing due to the COVID-19 pandemic; and WHEREAS, an accessibility survey identified numerous deficiencies to the site, including to pedestrian pathways, parking, existing trailer buildings, stairs and ramps; and WHEREAS, the City engaged the services of an architect to design site improvements to replace the existing congregate sleeping trailers with individual shelter units and address accessibility deficiencies; and
WHEREAS, an invitation for bids (Plans and Specifications No. 23-11603-C) was duly advertised, and Bay Construction Co. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funds are programmed in the FY 2025 budget in the General Fund and Capital Improvements Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Plans and Specifications No. 23-11603-C for the Second Street STAIR Center Site Improvements and Shelter Units Project are approved, and Bay Construction Co. is determined to be the lowest responsive and responsible bidder.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with Bay Construction Co. for the Second Street STAIR Center Site Improvements and Shelter Units Project at 1601 Second Street, in an amount not to exceed $1,069,200, which includes a contingency of $97,200. A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.

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: Terrance Davis, Director, Public Works Department Subject: Accepting Grant Funds from the U.S. Environmental Protection Agency for West Berkeley Aquatic Park Stormwater Improvement Project

RECOMMENDATION
Adopt a Resolution: Authorizing the City Manager to execute a $1.5M grant agreement with the U.S. Environmental Protection Agency (EPA) to plan, design, and construct a bioretention garden for the Channing Way Micro-Watershed and the installation of two Hydrodynamic separators on the Bancroft Street culvert and Channing Way.

FISCAL IMPACTS OF RECOMMENDATION
Based on the grant guidelines, the City is required to match the U.S. EPA funding for the proposed West Berkeley Aquatic Park Stormwater Improvement Project with $1.5M local matching funds. Local matching funds for the Project are programmed in the Fiscal Year (FY) FY 2025 – FY 2028 capital improvement budget for the Storm Drain Program in the Clean Stormwater Fund (616). No other funding is required.

U.S EPA Grant Funds $1,500,000
Clean Storm Fund (616) – Local matching Funds $1,500,000 Total Project Cost Design & Construction Phases $3,000,000

CURRENT SITUATION AND ITS EFFECTS
The U.S. EPA manages a grant program to support projects that protect and restore San Francisco Bay watersheds and wetlands. In 2023, the Parks Recreation & Waterfront (PRW) Department and Public Works Engineering Division applied for funding under this program for the West Berkeley Aquatic Park Stormwater Improvement Project.

Implementing this Project would provide water quality benefits to the Aquatic Park lagoon by treating urban stormwater and improving sediment and trash capture from two micro- watersheds that drain to the Aquatic Park.

In March 2024, the City received a letter from the EPA selecting the City to receive a $1.5 million San Francisco Bay Water Quality Improvement Fund (SFBWQIF) grant with a $1.5 million local match. Accepting the grant funding and implementing the West Berkeley Aquatic Park Stormwater Improvement Project supports the City’s Strategic Plan goals of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities and 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

Accepting Grant Funds from EPA CONSENT CALENDAR
June 25, 2024

being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
The Aquatic Park Lagoon in West Berkeley is an artificial inland lagoon and park area that receives bay waters through daily tidal action from the west and stormwater from City streets east of the lagoon. The lagoon's water quality and upland habitats are degraded.

Bathymetric data indicate that the average depth of the lagoon has decreased by approximately 50% since 1970, highlighting a long-term concern that eutrophication could occur if hydrology and water quality improvements are not implemented.

Acceptance of grant funding would allow the City to pursue the West Berkeley Aquatic Park Stormwater Improvement Project. This Project would provide water quality benefits for the lagoon, and its implementation aligns with recommendations outlined in the Aquatic Park Improvement Program. The Project would also help the City meet its regulatory requirements for implementing green infrastructure as mandated by the Municipal Regional National Pollutant Discharge Elimination System Stormwater Discharge Permit (MRP), Order No. R2-2022-0018.

The proposed project calls for the planning, design, and construction of a bioretention garden for the Channing Way micro-watershed and the installation of two hydrodynamic separators (HDS), one at Bancroft Street and one at Channing Way, to treat urban runoff and capture trash from the streets of West Berkeley before its discharge into the Aquatic Park Lagoon. The bioretention garden and HDS units will treat stormwater and urban runoff traveling through the Channing Way and Bancroft Street micro-watersheds, significantly improving the stormwater entering the Aquatic Park Lagoon and, subsequently, San Francisco Bay Estuary.

The bioretention garden will remove pollutants of concern from urban runoff through physical and biological treatment processes. These pollutants include nutrients, metals, mercury, polychlorinated biphenyls (PCBs), organic compounds, bacteria, and suspended solids. The treatment provided by the bioretention garden can help achieve Alameda County’s key goal of removing mercury and PCBs from runoff, reducing the adverse impacts of urban runoff on receiving waters, including the Aquatic Park Lagoon.

The bioretention garden would occupy a portion of an existing parking lot adjacent to Dreamland Kids Playground on the east side of Aquatic Park.

The hydrodynamic separators will remove trash, debris, and floatable material by MRP requirements for trash capture.

This Project will also improve the site for a variety of local non-profit and community groups currently utilizing the location. Waterside Workshops provides job training opportunities, including revegetation projects. The Bay Area Outreach and Recreation Program (BORP) provides recreational opportunities to individuals with mobility challenges and other disabilities. The Berkeley Paddling and Rowing Club regularly

Accepting Grant Funds from EPA CONSENT CALENDAR
June 25, 2024

uses the Park for activities. The park is additionally used by bird watchers and others who are drawn to the unique flora and fauna.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The continued efforts to reduce trash and litter entering the storm drain systems improve the health of Berkeley’s creeks, Aquatic Park, and waterways, improve water quality, protect native flora and fauna, and prevent pollutants from entering San Francisco Bay.

RATIONALE FOR RECOMMENDATION
Accepting the grant and implementing the Project would improve water quality in Aquatic Park and would be vital for the City to meet MRP requirements for implementing green infrastructure and eliminating trash discharges to San Francisco Bay.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered, as the City must install a mandated 5 acres of Green Infrastructure by June 2027 per MRP requirements. Installing trash capture and a bioretention garden are effective ways for the City to meet regulatory requirements.

CONTACT PERSON
Srinivas Muktevi, Supervising Civil Engineer (510) 981-6402 Ronald Nevels, Manager of Engineering (510) 981-6439
Wahid Amiri, Deputy Director (510) 981-6396
Attachments:
1: Resolution
2: U.S. EPA Funding Selection Letter

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

ACCEPTING GRANT FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION

AGENCY FOR AQUATIC PARK WATER QUALITY IMPROVEMENTS
WHEREAS, the U.S. Environmental Protection Agency (EPA) has announced the availability of San Francisco Bay Water Quality Improvement Fund (SFBWQIF) grants; and
WHEREAS, said grants are intended to help improve the water quality of San Francisco Bay; and
WHEREAS, it is in the City’s interest to enhance Aquatic Park Lagoon water quality, habitat and recreational values; and
WHEREAS, the City has been selected by the EPA to receive SFBWQIF grant for $1,500,000 with a local non-federal match of $1,500,000 from the Clean Storm Fund 616 that is programmed in the FY25-28 Storm Capital budget; and The project proposed for grant funding would be environmentally beneficial and aligned with regulatory requirements and the goals of the Aquatic Park Improvement Program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to; 1) Accept a U.S. EPA San Francisco Bay Water Quality Improvement Funding grant to improve Water quality in the San Francisco Bay; 2) execute any resultant agreements and amendments; and 3) authorize the implementation of projects in compliance with the requirements of EPA grant and allocate funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
Dee Williams-Ridley
2180 Milvia St.

Berkeley, CA 94704
RE: Availability of FY 2023 SF Bay Water Quality Improvement Fund Funding
Dear Dee Williams-Ridley:

Congratulations! The City of Berkeley has bee
n selected to receive a U.S. Environmental Protection
Agency (EPA)
SF Bay Water Quality Improvement Fund (SFBWQIF) grant in the amount of 1,500,000 with a non-federal
match of 1,500,000. This letter lays out the p rogrammatic and administrative materials needed to complete the application for federal assistance. This letter is not an official Notice of Award. Only the Grants Management Office can issue an award offer to you.

Funding Information (West Berkeley
Aquatic Park Stormwater Improvement Project):
$1,500,000 (EPA) + $1,500,000 (Required Nonfederal Match = $3,000,000 (Total Project Cost) I will serve
as the EPA SFBWQIF Project Officer for your grant and will work with you on the developmen
t and/or refinement of a work plan, and programmatic issues that come up during the im
plementation of your project. I can be reached at 415-972- 3269 or [email protected].

An EPA Grants Specialist will be assigned to your grant and will assist with the administrative aspects of the grant, su
ch as processing the grant award document and annual financial reporting. I will share their contact information with you when it’s available.

I would like to suggest setting up a call at your earliest convenience to discuss the workplan and budget to go over any questions you might have on that as well as the forms listed b elow before you plan to submit them as your final complete application. We propose a deadline of February 12, 2024 for submitting all
these materials in their final form. Once all materials are submitted, I will share them with the Grants Office to complete the grant award.

1. Workplan: The workplan is based on the project described in the original funding proposal.

In addition to your application narrative, your final workplan will include:
a. Project Schedule that includes deliverables, outcomes, and costs associated with each task.
b. The latitude and longitude coordinates that best represents your project area.

c. A representative photo of your project along with the appropriate caption to include on the SF Bay Water Quality Improvement Fund website.

2. Budget:
a. If revised, form SF-424A for Budget Information for Non-Construction Programs. b. Budget Detail (template is attached; refer to the R9 Grants Handbook for budget development guidance)

3. Administrative: Complete the forms listed below if you have not already. Download the forms here by searching the form number or letter.
a. Certification Regarding Lobbying (EPA Form 6600-06)
b. Pre-Award Compliance Review Report (EPA Form 4700-4) c. Additional information for SF424, Block #19: The SFBWQIF (Program) is covered by Executive Order (EO) 12372. The appropriate answer for this box is A. Since your proposals have been selected for a grant award, you will need to send a copy of your SF-424 to the California Grants Coordination State Clearinghouse via their online portal: https://cfda.opr.ca.gov/#/
d. SF-LLL Disclosure of Lobbying Activities (if applicable) e. Current Indirect Rate Cost Negotiation Agreement (if applicable)

Please note, projects funded by the SFBWQIF are authorized under CWA Section 320 which does not require an Environmental Information Document (EID) under the National Environmental Policy Act. However, compliance with other Federal environmental laws, such as the Endangered Species Act and the National Historic Preservation Act, and state regulations may be required.

Please let us know if you have questions or concerns about the required documents and due dates and we can adjust the schedule accordingly. We look forward to partnering with you on this project!

Sincerely,

Lyndsey Tu, EPA Region 9
SFBWQIF Project Officer

Attachments: Budget Detail Template
R9 Grants Handbook- https://www.epa.gov/system/files/documents/2023-03/epa- region-9-grants-handbook.pdf

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: Terrance Davis, Director, Public Works
Subject: Grant Acceptance: Alameda CTC CIP 2024 Adeline Corridor Transportation Improvements

RECOMMENDATION
Adopt a Resolution accepting funds from the Alameda County Transportation Commission (CTC) for the Adeline Street Transportation Improvements Project.

SUMMARY
The attached Resolution allows the City to accept grant funding from the Alameda County Transportation Commission for a project to redesign Adeline Street between Ashby Avenue and the Oakland border using concepts approved by the Council on November 29, 2022 (Resolution No. 70,622-N.S. Adeline Street at Ashby BART Conceptual Design) and December 8, 2020 (Resolution No. 69,642 N.S. A Resolution (A) Certifying the Environmental Impact Report and Related California Environmental Quality Act (CEQA) Findings; and (B) Adopting the Adeline Corridor Specific Plan and Related General Plan Amendments). This project will further the goals of the City’s Strategic Transportation Plan, Bicycle Plan, Pedestrian Plan, Vision Zero Action Plan, and Adeline Corridor Specific Plan, by developing transit, pedestrian, and bicycling improvements on Adeline Street. Per the grant requirements, preliminary engineering and environmental clearance must be completed, and all grant funding must be spent by December 31, 2026.

FISCAL IMPACTS OF RECOMMENDATION
This project is funded by an Alameda County Transportation Commission (Alameda CTC) Comprehensive Investment Plan (CIP) grant. Local match for this grant is from the Alameda County Transportation Sales Tax Measure BB Local Streets and Roads Fund (Fund 134).

Alameda CTC CIP Award: $1,095,000
Local match: $365,000
Total Amount: $1,460,000

CURRENT SITUATION AND ITS EFFECTS

Grant Acceptance: Alameda CTC CIP 2024
Adeline Corridor Transportation Improvements CONSENT CALENDAR June 25, 2024

In 2021 and 2023, the City was awarded grant funding from the Alameda County Transportation Commission CIP to scope and develop preliminary engineering plans for a project on Adeline Street from Ashby Avenue (adjacent to the Ashby BART station) to the southern city limits. The Adeline Street Transportation Improvements Project would construct safety improvements for pedestrians, bicyclists, and transit riders, and repurpose two of the existing general-purpose traffic lanes in order to construct protected bikeways and opportunities for public space, including space for a pedestrian plaza on the west side of Adeline Street at the Ashby BART station.

Per grant requirements, preliminary engineering/environmental studies must be completed, and funds from Alameda CTC must be spent by December 31, 2026.

Resolution language required by the funder is in Attachment 1: Resolution.

The City will need to seek additional funding to complete Final Design and Construction of this project.

The Adeline Street Transportation Improvements Project advances the City’s Strategic Goals to (1) provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; (2) foster a dynamic, sustainable, and locally-based economy; (3) create a resilient, safe, connected, and prepared city; and (4) be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
The Adeline Street Transportation Improvements project will scope and develop preliminary engineering plans and conduct environmental analysis for pedestrian, bicycle, and transit improvements on approximately 0.55 miles of Adeline Street from just north of Ashby Avenue to the southern city limits (King Street/62nd Street/Stanford Avenue/ Martin Luther King Jr Way). This project supports plans for transit-oriented development (TOD) on the Ashby BART station site. As part of the project, two of the four existing traffic lanes adjacent to Ashby BART will be repurposed to provide space for a new pedestrian plaza that could accommodate the needs of the Berkeley Flea Market, which currently uses the BART parking lot west of Adeline Street. This project would repurpose two of the existing four traffic lanes south of Ashby BART, in order to construct a new protected bikeway that will close a crucial gap in the Berkeley bicycle network, connecting neighborhood and commercial districts in Berkeley and Oakland.

Other proposed project improvements include repaired sidewalks, improved loading zones for businesses, upgraded traffic signals, and improved bus operations and bus stop amenities.

Council approved the overall concept design for the corridor as part of the approval of the Adeline Corridor Specific Plan on December 8, 2020, Resolution No. 69,642 N.S.

Subsequently, Council approved preliminary concepts for the section of the project adjacent to Ashby BART (Resolution No. 70,622-N.S. Adeline Street at Ashby BART Conceptual Design) at the November 29, 2022 Council Meeting. Data collection, public engagement, environmental analysis and preliminary engineering is expected to begin

Grant Acceptance: Alameda CTC CIP 2024
Adeline Corridor Transportation Improvements CONSENT CALENDAR June 25, 2024

in summer 2024 and continue through the end of 2026. Following a robust public engagement process, internal Staff review, and the input of the Transportation and Infrastructure Commission and other City commissions, staff anticipates bringing a concept design for this project to the Council for consideration late in 2026.

The project is divided into two sections based on geography. Section 1 is the area of Adeline Street adjacent to the Ashby BART Station which begins just north of Ashby Avenue and runs south to Martin Luther King Jr Way. Concepts for Section 1 were approved by Council on November 29, 2022 (Resolution No. 70,622-N.S.). Section 2 begins at Martin Luther King Jr Way and runs south to the Berkeley/Oakland border (King Street/62nd Street/Stanford Avenue/Martin Luther King Jr Way). Section 2 concepts are detailed in the 2020 Adeline Corridor Specific Plan, adopted by the Council on December 8, 2020 (Resolution No. 69,642 N.S.). Funding for Sections 1 and 2 was awarded as part of two separate Alameda CTC Comprehensive Investment Plan grants. However, because of the similarity of project scopes Alameda CTC has allowed the City to combine both projects into one funding agreement in order to minimize administrative burden and facilitate efficient project delivery.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Installing transit improvements, protected bikeways, and upgrading pedestrian crossings is anticipated to increase the numbers of people using transit, walking, and biking. This is consistent with the 2009 Climate Action Policy that calls for expanding and improving the City’s bicycle and pedestrian infrastructure. The 2009 Climate Action Plan sets targets of reducing transportation emissions 33% below year 2000 levels by 2020, and 80% below year 2000 levels by 2050. The Plan further states that transportation modes such as public transit, walking, and bicycling must become the primary means of fulfilling the City’s mobility needs in order to meet those targets.

RATIONALE FOR RECOMMENDATION
Adopting this resolution accepting Alameda CTC CIP funding will meet the funder’s requirements and allow the city to use these funds on the Adeline Street Transportation Improvements Project.

ALTERNATIVE ACTIONS CONSIDERED
Council could opt not to approve the resolution from Alameda CTC at this time and instead defer the item to a future Council agenda. This decision would delay the start of the Project, jeopardize funding with Alameda CTC, and endanger the delivery of the Project by the milestones indicated in the grant funding agreement.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works (510) 981-6396 Hamid Mostowfi, Transportation Manager, Public Works (510) 981-6403 Eric Anderson, Principal Planner, Public Works (510) 981-7062

Grant Acceptance: Alameda CTC CIP 2024
Adeline Corridor Transportation Improvements CONSENT CALENDAR June 25, 2024

Janney Lockman, Associate Planner, Public Works (510) 981-7073 Attachments:
1: Resolution

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

A RESOLUTION OF THE GOVERNING BODY

OF THE CITY OF BERKELEY

ACCEPTING FUNDS FROM THE

ALAMEDA COUNTY TRANSPORTATION COMMISSION

FOR THE ADELINE STREET TRANSPORTATION IMPROVEMENTS PROJECT WHEREAS, the Alameda County Transportation Commission (“Alameda CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and
WHEREAS, the City of Berkeley (“Fund Recipient”) submitted a funding application (“Application”) to the Alameda County Transportation Commission (“Alameda CTC”) for Adeline Street Transportation Improvements Project (“Project”); and WHEREAS, the Project will conduct preliminary engineering and environmental analysis for protected bike lanes, pedestrian safety features, transit improvements, and public plaza space on Adeline Street from Ashby Avenue to the Oakland border; and WHEREAS, by action of the Alameda CTC Commission at its meetings held on July 22, 2021 and May 25, 2023, Alameda CTC awarded a total of $1,095,000 in Alameda CTC Administered Funds to the Fund Recipient for the implementation and delivery of the Preliminary Engineering/Environmental Studies phase(s) (“Awarded Phase(s)”) of Project; and
WHEREAS, prior to receipt of any Alameda CTC Administered Funds, Fund Recipient shall be required to enter into a Project Funding Agreement with Alameda CTC for the Project (“Agreement”) based on Alameda CTC’s form therefor, which Agreement shall set forth certain project-specific requirements applicable to the Project; and WHEREAS, as part of the requirements to receive Alameda CTC Administered Funds awarded to the Project, Alameda CTC requires a resolution accepting the awarded funding to be adopted by the Fund Recipient’s governing body confirming the following:

1. Fund Recipient’s commitment to secure matching funds against the awarded Alameda CTC Administered Funds; and

2. Fund Recipient’s commitment to provide any additional funding required to deliver the Awarded Phase(s) of Project, with an understanding the same shall not be funded with additional Alameda CTC Administered Funds; and

3. Fund Recipient’s commitment to implement the Awarded Phase(s) of Project as described in the funding application and the subsequent funding agreement between Alameda CTC and the Fund Recipient; and

4. Fund Recipient’s commitment to comply with the Agreement; and

5. Fund Recipient’s commitment to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts.

NOW, THEREFORE, BE IT RESOLVED that Fund Recipient agrees to accept award of $1,095,000 in Alameda CTC Administered Funds; and be it further RESOLVED that Fund Recipient, by adopting this resolution, does hereby state that:

1. Fund Recipient will provide a minimum of $365,000 in matching funds anticipated to be from Measure BB funds; and

2. Fund Recipient understands that Fund Recipient shall be responsible to provide any additional funding required to deliver the Awarded Phase(s) of Project, and the same shall not be funded with additional Alameda CTC Administered Funds; and

3. Awarded Phase(s) of Project will be implemented as described in the Application, Agreement, and in this resolution; and

4. Fund Recipient will comply with the Agreement; and

5. Fund Recipient will comply with the applicable requirements set forth in Alameda CTC’s LBCE Program; and therefore, be it further
RESOLVED that Fund Recipient hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Fund Recipient’s ability to implement and deliver the proposed Project; and be it further
RESOLVED that Fund Recipient authorizes its City Manager or designee, to execute the Agreement; and be it further
RESOLVED that Fund Recipient shall provide Alameda CTC with a fully-executed copy of this Resolution.

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: Terrance Davis, Director, Public Works
Subject: Contract: B Brothers Construction, Inc. for the West Berkeley Service Center Improvements Project

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for West Berkeley Service Center Improvements Project, Specification No. 21-11604-C;

2. Accepting the bid of B Brothers Construction, Inc. as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,461,394, which includes a contingency of $145,616.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is fully programmed in the FY 2024 & 2025 budget in the General Fund and CDBG Grant Fund.

All costs will be paid from the CDBG Grant Fund including amendments, extensions or other change orders until completion of the project.
 $936,360.00:………………………….CDBG Grant Fund
 $525,034.00:………………………….General Fund
Low bid by B Brothers Construction, Inc. ....................................$1,315,778 11% Contingency $145,616
Total Construction Cost NTE $1,461,394
No further funding is required, and no other projects will be delayed due to this expenditure.

Contract: B Brothers Construction, Inc CONSENT CALENDAR for West Berkeley Service Center Improvements Project June 25, 2024

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department, jointly with Housing, Health, and Community Services, is requesting the execution of a construction contract between the City and B Brothers Construction, Inc. to renovate the West Berkeley Service Center at 1900 Sixth Street.

The existing building has numerous deficiencies, including water intrusion at the existing roofing and windows, worn and damaged flooring, accessibility issues, and inadequate restroom facilities. The West Berkeley Service Center Improvements Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
The West Berkeley Service Center was built in 1979, and originally served as a Senior Center. Since then, there have been no major upgrades to the building other than accessibility accommodations in 1999.

The building now serves as the West Berkeley Family Wellness Center and is operated by the City of Berkeley’s Public Health Division. The building holds multiple Public Health Programs from Women’s Infant, Children (WIC), Black Infant Health, and Immunizations. The Center was created as a direct response to the 2019 Community Needs Assessment, where community members voiced the need for a safe, inclusive, accessible, and family friendly space in West Berkeley that they can access Public Health services and resources easily.

Public Works and Health Services Division Staff engaged the services of an architectural firm to begin design of the improvements in November 2021. The project will consist of new roofing, electrical upgrades, upgraded mechanical systems and HVAC, flooring replacement, restroom renovations, and new outdoor children’s play area.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects of this action. The installation of new electric heat pump water heaters and new energy efficient windows will comply with the latest energy efficiency standards and reduce energy use overall. The addition of air ionization units to the existing HVAC system will improve indoor air quality for staff and visitors.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work.

ALTERNATIVE ACTIONS CONSIDERED
None. The City can elect not to construct the project, however deferring the work will lead to continued deterioration of the building.

Contract: B Brothers Construction, Inc CONSENT CALENDAR for West Berkeley Service Center Improvements Project June 25, 2024

CONTACT PERSON
Ronald Nevels, Manager of Engineering, Public Works (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Public Works (510) 981-6435 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: B BROTHERS CONSTRUCTION, INC. FOR THE WEST BERKELEY

SERVICE CENTER IMPROVEMENTS PROJECT
WHEREAS, the existing roofing, flooring, and select windows in the 1900 Sixth Street building needs replacement; and
WHEREAS, additional deficiencies to the building’s restrooms, electrical distribution system, HVAC system, and accessible pathways have been identified for improvement; and
WHEREAS, an invitation for bids (Plans and Specifications No. 21-11604-C) was duly advertised, and B Brothers Construction, Inc. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funds are programmed in the FY 2024 and FY 2025 budget in the General Fund and CDBG Grant Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Plans and Specifications No. 21-11604-C for the West Berkeley Service Center Improvements Project are approved, and B Brothers Construction, Inc. is determined to be the lowest responsive and responsible bidder.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with B Brothers Construction, Inc. for the West Berkeley Service Center Improvements Project at 1900 Sixth Street, in an amount not to exceed $1,461,394. A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.

Finance Department
General Services Division Bid Date:

Spec. #
FOR: West Berkeley Service Center Improvement Project
Bidders Base Bid Addenda (3) Bid Bond Reg / Exp Subcontractors Non-Collusion CERTS 1 Bay Construction Co. 1,648,735.00$ X X X X X X 2 B Brothers Construction 1,430,538.00$ X X X X X X 3 Buhler Commercial 2,068,762.00$ X X X X X X 4 DC Construction, Inc. 2,235,295.00$ X X X X X X 5 Marcon Builders, Inc. 1,852,271.00$ X X X X X 6 Vantis 1,600,000.00$ X X X X X X
7 Pro-Ex Construction, Inc. 2,460,000.00$ X X X X X X 8 S&H Construction (Only one envelope submitted) 1,568,600.00$ X X X X X X 9 10
Bid Recorder: Talia Stewart Date
Bid Opener: Josh Roben Date
Project Manager: Titus Chen Date
required w/ bid
21-11604-C

3.5.2024
City of Berkeley
Abstract of Bid Worksheet
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 [email protected]

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/

REVISED AGENDA MATERIAL
Meeting Date: June 25, 2024
Item Description: Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections
Submitted by: Terrance Davis, Director of Public Works
This is a replacement of the previous report submitted to allow for Council Approved camera installations at approved locations. Additionally, it now includes the Public Works Department Surveillance Acquisition Report.

This change was necessary to ensure no contracted camera work would be performed in advance of all required permissions and approvals.

Therefore, the corrected report and resolution are attached

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: Terrance Davis, Director of Public Works
Subject: Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections

RECOMMENDATION
Adopt a Resolution to authorize the City Manager to execute a contract with Edgeworth Integration, LLC, for purchase and installation of external fixed video surveillance cameras at City Council approved locations for an amount not to exceed $850,000 for a contract period through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Estimated one-time costs to purchase and install cameras are estimated between $44,000 to $55,000 per intersection not including permit fees. This contract will also include ongoing maintenance and repairs for installed cameras which are anticipated to be $15,000 per year.

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

Additional funds will be appropriated as approved by Council through the FY 2025 budget process.

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

CONSENT CALENDAR
June 25, 2024
 Dwight & San Pablo
 Dwight & 7th
 University & San Pablo
 King & 62nd
On January 30th, 2024, Council approved of a budget referral for the installation of additional External Fixed Video Surveillance Cameras at the following intersections:
 Alcatraz & College
 Alcatraz & Adeline
 Alcatraz & Sacramento
 San Pablo & Gilman
 Woolsey & Telegraph
 Woolsey & Shattuck
This contract will provide for the installation of approved cameras prioritizing those approved in 2021.

Public Works executed contract No. 32400010 on July 18, 2023 for the purchase and installation of a surveillance camera at the University & 6th intersection.

Cameras for this contract are compatible with those already in use at San Pablo Park under Contract Nos. 31900080 and 31900205 along with those deployed at University and 6th under Contract No. 32400010. Edgeworth Integration, LLC was the contractor for these projects. Beyond the initial purchase and installation, City of Berkeley’s Public Works Department will support Edgeworth as needed for maintenance and repairs for the installed cameras.

For the sites approved by City Council on October 12, 2021, a Surveillance Acquisition Report for the security cameras and corresponding Surveillance Use Policy was submitted to the Police Accountability Board and thereafter the City Council approved the installation of those locations. Attached to this report is a Surveillance Acquisition Report for the security cameras and corresponding Surveillance Use Policy for the additional six locations. On February 2, 2024, the Police Accountability Board was notified of City Council’s intention of installing the cameras at these additional locations.

The topic was included in their February 28, 2024 agenda.

Security camera footage would be used pursuant to the use policy. The cameras are not intended for continuous surveillance purposes nor will contain License Plate Reader technology or software.

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

CONSENT CALENDAR
June 25, 2024

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

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

RATIONALE FOR RECOMMENDATION
This Resolution will allow Public Works to execute the contract to start camera installation on Council-approved intersections. The installation of security cameras at select intersections has been a Council Directive since 2021. The initial ten locations selected for installation of cameras were approved in October 2021 and one has already been successfully installed.

On December 13th, 2021, Council approved an Amendment to FY 2022 Annual Appropriations Ordinance, which allocated $1.3 million in funds towards the Surveillance Camera project. However, Public Works could not start fully on this project as the City had to develop and approve a Surveillance Camera Policy before work could begin. On June 13, 2023, Council approved Acquisition and Use Policies for External Fixed Video Surveillance Cameras and Unmanned Aerial System, which now allows Public Works to begin work on these installations.

ALTERNATIVE ACTIONS CONSIDERED
None.
1 La Vigne, N. G., et al. (2011). Evaluating the use of public surveillance cameras for crime control and prevention. Washington, DC: US Department of Justice, Office of Community Oriented Policing Services.

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

CONSENT CALENDAR
June 25, 2024

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Michael Durbin, Police Captain, 510-981-5810
Jen Tate, Deputy Chief, 510-981-5760
Peni Basalusalu, Deputy Director, Public Works, 510-981-6485 Attachments:
1: Resolution – Contract: Edgeworth Integration, LLC for Purchase and Installation of External Fixed Video Surveillance Cameras at Council-Approved Locations Exhibit A: Public Works Department Surveillance Acquisition Report Exhibit B: Surveillance Use Policy – External Fixed Video Surveillance Cameras

CONSENT CALENDAR
June 25, 2024
RESOLUTION NO. ##,###-N.S.

CONTRACT: EDGEWORTH INTEGRATION, LLC FOR PURCHASE AND

INSTALLATION OF EXTERNAL FIXED VIDEO SURVEILLANCE CAMERAS AT

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

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Council authorizes the City Manager to execute a contract with Edgeworth Integration, LLC for installation of External Fixed Video Surveillance Cameras at council-approved locations, for an amount not to exceed $850,000 for a contract period through June 30, 2027.

CONSENT CALENDAR
June 25, 2024
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that this action constitutes final approval.

Exhibits
A: Public Works Department Surveillance Acquisition Report B: Surveillance Use Policy – External Fixed Video Surveillance Cameras

Public Works Department Surveillance Acquisition Report

SURVEILLANCE CAMERAS
A. DESCRIPTION
The Avigilon camera system consists of three main components: The camera, the server, and a remote information management system referred to as the Avigilon Control Center Client application (ACC).

The first component, the Avigilon camera, is a device that incorporates a video recording from an image.

The cameras are affixed to City of Berkeley-owned infrastructure including utility poles on City streets and parks. The cameras provide protection to indoor and outdoor spaces with high-resolution images of up to 5 MP, a wide field of view, and efficient bandwidth management in a compact design without compromising building aesthetics. Although license plate and facial recognition hardware is available, neither was purchased or installed. Without the hardware, these features cannot be activated. Audio is a standard feature of the camera, but will remain deactivated by the authorized administrators of the system.

The second component of the system is the server. Once the Avigilon camera captures the imagery, a local device called a server, functions as a repository for the data. Servers are physically secured on City property and video recordings are protected within the City’s network. Servers are designed to store recorded events in real time for secure retrieval and analysis. Recorded videos are transferred from the server’s storage into an information management system, Avigilon Control Center (ACC) application.1 The third component is the Avigilon Control Center Client application (ACC) which streamlines data management and allows users to access videos on one secure platform. The ACC software provides various levels of analytics to sort stored videos faster and is a standard feature. These include pixel motion detection of vehicles and people. Vehicular characteristics are searchable by vehicle type and color. Personal characteristics are searchable by gender (gender is a binary search, female of male), hair color, age, and upper and lower body clothing color. Authorized users of the system can only access data stored on a server through the ACC application. The ACC application is located on the server and accessed solely through the City’s secured intranet by protected login and password. The application does not allow the authorized administrator or system users to alter, manipulate, or edit any of the footage recorded by the server.

B. PURPOSE
The cameras shall only record video images and not sound. Recorded images may be used and video surveillance may be monitored for the following purposes:
(a) To support specific and active criminal or administrative investigations. (b) To respond and review critical incidents or natural disasters.

C. LOCATION
1 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200320040AB839

Surveillance cameras encompassed by this report, are located at, or will be installed at, the following locations.

Future Projects:
• San Pablo Avenue at University Avenue
• 7th Street at Dwight Way
• San Pablo Avenue at Dwight Way
• 7th Street at Ashby Avenue
• San Pablo Avenue at Ashby Avenue
• Sacramento Street at Ashby Avenue
• College Avenue at Ashby Avenue
• Claremont Avenue at Ashby Avenue
• 62nd Street at King Street
• Alcatraz & College
• Alcatraz & Adeline
• Alcatraz & Sacramento
• San Pablo & Gilman
• Woolsey & Telegraph
• Woolsey & Shattuck
Additional intersections as approved by City Council
Completed Projects:
• San Pablo Park
• City of Berkeley Marina
• 6th Street at University Avenue
D. IMPACT
The primary intent of these cameras is to deter and address crime in the City of Berkeley. The Public Works Department will work to ensure that the video recordings are secured and only accessible to authorized personnel. The right to maintain someone's anonymity versus the need to collect information to maintain public safety is of paramount concern. The Department recognizes that all people have a right to privacy and is committed to protecting and safeguarding civil rights by adhering to the strictest requirements concerning the release of video recordings. There should not be any impact on anyone's civil liberties or civil rights. The camera system lacks the hardware to conduct license plate reader or facial recognition technology. Audio is a standard feature of the cameras, but will remain

deactivated by the authorized administrators of the system. Staff is explicitly prohibited from using any facial recognition technology as outlined in BMC 2.99.

The Public Works Department will ensure responsible data management, transparency, and accountability including the posting of video surveillance notices.

E. MITIGATION
In order to minimize violations of privacy, data shall be maintained in a secure, non-public accessible location, such locations require specialized system access including a dedicated password and log in.

Data will be obtained or released in accordance with the use policy. Data will not be used to unlawfully discriminate against people based on race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, gender identity, disability status, sexual orientation or activity, or genetic and/or biometric data. Additionally, the Department will not use the camera surveillance system to scan footage and identify individuals based on any of the categories listed in the preceding sentence.

Employees are prohibited from retaining, duplicating, or distributing video recordings except for departmental business purposes in accordance with the use policy.

F. DATA TYPES AND SOURCES
The surveillance camera system's use is limited to capturing non-audio, video recordings on affixed City buildings, including utility poles on streets and within park boundaries. The Camera Surveillance system collects video recordings in high-resolution imagery that is stored securely on a local server and accessible by authorized users on the ACC application. As video images are recorded, the ACC application automatically stamps the video with the current date/time and the camera's identity.

G. DATA SECURITY
External users will not have access to the ACC application. The authorized administrator and designated staff will have access to video recordings. To gain system access, staff must obtain approval from system management. Authorized users will access the ACC application via a single sign-on and password administered by Information Technology. All system access including system log-in, access duration, and data access points is accessible and reportable by the Public Works authorized administrator. The application prohibits the authorized administrator and users from altering, manipulating, tampering, or editing video recordings.

The Public Works Director or his/her designee shall appoint a member of the department as the authorized administrator to coordinate the use and maintenance of the Surveillance Camera system and the storage of recordings, including:

1. Establishing a system for downloading, storing, and securing of recordings.

2. Designating persons responsible for downloading recorded data.

3. Establishing a maintenance system to ensure the working order of surveillance cameras.

4. Monitoring the system to prevent tampering, deleting, and copying recordings.

5. Working in alignment with the State of California record retention policy, AB 839 to ensure an appropriate retention schedule is being applied to recordings and associated documentation.

6. Maintaining an audit trail record for all access to video recording files, wherein access information for each file is logged using a secure log-in system. The ACC application associates an audit trail record with each user access information, thereby logging the date, time, user name, and activity occurring during each video recording file access.

H. FISCAL COST
Costs for future projects listed in Section C of this report are unknown at this time. Future costs will depend on additional maintenance, equipment, and parts. Ongoing costs include associated staff time relative to the system administrator’s role of administering and maintaining the surveillance camera program. All cameras are purchased and wholly owned and operated by City of Berkeley.

Initial Purchase Costs:

San Pablo Park: $64,829.46 – 1 server and 21 camera views Marina: $106,620.14 – 2 servers and 45 camera views
6th and University: $36,346.30 – 1 server and 360̊ camera views Ongoing Costs:

Personnel, maintenance, and other ongoing costs, including compliance and other reporting and oversight requirements - $15,000.00 per year.

I. THIRD PARTY DEPENDENCE AND ACCESS
All Camera Surveillance data is accessed by a secure network login and password and stored on servers maintained by the Department of Information Technology. There is no third-party dependence or external access to information other than the ACC is a proprietary technology which requires all the components to be Avigilon.

J. ALTERNATIVES
The City can decide to rely on traditional policing techniques as a method for addressing crime such as deploying sworn officers.

There is a broad consensus – among the community– that surveillance cameras can be an important tool for deterring criminal activities.

K. EXPERIENCE OF OTHER ENTITIES
Neighboring cities including San Francisco, Oakland, and San Jose have adopted the use of Surveillance Cameras as a tool for reducing crime on city streets and parks. Many cities have developed their own usage policies which may include standards for use, data retention standards, and system controls.

Policy
351
Berkeley Police Department
Law Enforcement Services Manual
Copyright Lexipol, LLC 2024/01/12, All Rights Reserved.

Published with permission by Berkeley Police Department External Fixed Video Surveillance Cameras - 1
External Fixed Video Surveillance Cameras
351.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of City of Berkeley external fixed video surveillance cameras by the Berkeley Police Department (BPD).

This policy only applies to fixed, overt, marked external video surveillance systems utilized by the BPD. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department, as authorized by the City Council for use by other City Departments. BPD Personnel shall adhere to the requirements for External Fixed Video Surveillance Cameras covered in this policy as well as the corresponding Surveillance Use Policy -1304.
351.2 POLICY
The Berkeley Police Department utilizes a video surveillance system to enhance its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance safety and security in public areas. As specified by this policy, cameras may be placed in strategic locations throughout the City to record, deter, and solve crimes, to help the City safeguard against potential threats to the public, and to help manage emergency response situations during natural and human-made disasters, among other uses specified in Section 351.3.1.

Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.
351.3 OPERATIONAL GUIDELINES
Only City Council-approved video surveillance equipment shall be utilized. BPD members authorized to review video surveillance may only record and review public areas and public activities where no reasonable expectation of privacy exists and pursuant to Section 351.3.1. The City Manager shall obtain Council approval of any proposed additional locations for the placement and use of video surveillance technology.
351.3.1 PLACEMENT REVIEW AND MONITORING
Camera placement will only occur in locations approved by the City Council and will be guided by this policy and the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Chief of Police should confer with other affected City departments when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation or other obstructions, should also be evaluated when determining placement.

Camera placement includes existing cameras such as those located at San Pablo Park, the Berkeley Marina, and cameras placed in Council identified and approved intersections throughout the City, and potential future camera locations as approved by City Council.

Current City Council approved locations:

Berkeley Police Department
Law Enforcement Services Manual
External Fixed Video Surveillance Cameras
Copyright Lexipol, LLC 2024/01/12, All Rights Reserved.

Published with permission by Berkeley Police Department External Fixed Video Surveillance Cameras - 2
• 6th Street at University Avenue
• San Pablo Avenue at University Avenue
• 7th Street at Dwight Way
• San Pablo Avenue at Dwight Way
• 7th Street at Ashby Avenue
• San Pablo Avenue at Ashby Avenue
• Sacramento Street at Ashby Avenue
• College Avenue at Ashby Avenue
• Claremont Avenue at Ashby Avenue
• 62 nd Street at King Street
The cameras shall only record video images and not sound. Recorded images pursuant to Section 351.5 may be accessed, reviewed, and used for specific criminal or BPD administrative investigations and video surveillance may be accessed and reviewed by authorized BPD personnel for the following purposes:
(a) To support specific and active criminal investigations. (b) To support serious traffic-related investigations.
(c) To support police misconduct investigations, and
(d) To respond to and review critical incidents or natural disasters.

Unauthorized recording, viewing, reproduction, dissemination, or retention of video footage is prohibited.
351.3.2 FIXED CAMERA MARKINGS
All public areas monitored by video surveillance equipment shall be marked in a conspicuous manner with unobstructed signs to inform the public that the area is under police surveillance. 351.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The Department is prohibited from integrating or accessing system capabilities of the video surveillance system with other systems, such as gunshot detection, automated license plate recognition, facial recognition and other video-based analytical systems. 351.4 VIDEO SUPERVISION
Access to video surveillance camera data shall be limited to Berkeley Police Department (BPD) personnel utilizing the camera database for uses authorized above, with technical assistance from Public Works Department and Department of Information Technology personnel. Information may be shared in accordance with Sections 351.6 or 1304.9 below. BPD members seeking access to the camera system shall obtain the approval of the Investigations Division Captain, or their designee.

Berkeley Police Department
Law Enforcement Services Manual
External Fixed Video Surveillance Cameras
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Published with permission by Berkeley Police Department External Fixed Video Surveillance Cameras - 3
Supervisors should monitor video surveillance access and usage to ensure BPD members are complying with this policy, other applicable department policy, and applicable laws. Supervisors should ensure such use and access is appropriately documented. 351.4.1 VIDEO LOG
No one without authorization will be allowed to login and view the recordings. Access to the data must be obtained through the Public Works Department according to this policy and published regulations that limit access and use of data by Public Works and other City Departments and personnel. All system access including system log-in, access duration, and data access points is accessible and reportable and shall be documented by the Public Works Department's authorized administrator. Those who are authorized and login should automatically trigger the audit trail function to ensure compliance with the guidelines and policy. This is further outlined in Section 1304.4 ot the Surveillance Use Policy.
351.4.2 PROHIBITED ACTIVITY
Video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.

Video surveillance systems shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation.

Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group.

Video surveillance systems and recordings are subject to the Berkeley Police Department's Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials.
351.5 STORAGE AND RETENTION OF MEDIA
Video surveillance recordings are not government records pursuant to California Government Code 34090 in and of themselves. Except as otherwise permitted in this section, video surveillance recordings shall be purged within one hundred and eighty (180) days of recording. Recordings of incidents involving use of force by a police officer or involving, detentions, arrests, or recordings relevant to a formal or informal complaint against a sworn police officer shall be retained for a minimum of two years and one month. Recordings relating to court cases and complaints against BPD sworn officers that are being adjudicated will be manually deleted at the same time other evidence associated with the case is purged in line with the Department's evidence retention policy. Any recordings related to a police misconduct investigation shall be maintained until such matter is fully adjudicated, at which time it shall be deleted in line with the Department's evidence retention policy, and any applicable orders from the court.

Berkeley Police Department
Law Enforcement Services Manual
External Fixed Video Surveillance Cameras
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Published with permission by Berkeley Police Department External Fixed Video Surveillance Cameras - 4
Any recordings needed as evidence in a criminal or police misconduct proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures. 351.5.1 EVIDENTIARY INTEGRITY
All media downloaded and retained pursuant to this Policy shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements.

Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
351.6 RELEASE OF VIDEO IMAGES
Data collected and used in a police report shall be made available to the public in accordance with department policy and applicable state or federal law, also referenced in Policy 1304.8.

Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records pursuant to Policy 804.

Requests for recorded video from other law enforcement agencies shall be referred to the Investigations Division Captain, or their designee for release in accordance with this policy and must be related to a specific active criminal investigation.

Requests for recorded video from the Office of Director of Police Accountability and Police Accountability Board shall be referred to the Investigations Division Captain, or their designee, for release in accordance with Charter Article XVIII, Section 25, Subdivision (20)(a).

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process. 351.7 VIDEO SURVEILLANCE AUDIT
The video surveillance software generates a site log each time the system is accessed. The site log is broken down by server, device, user or general access. The site log is kept on the server for two years and is exportable for reporting. System audits will be conducted by the Professional Standards Bureau's Audit and Inspections Sergeant on a regular basis, at least biennial.

BPD will enforce against prohibited uses of the cameras pursuant to Policy 1010, Personnel Complaints or other applicable law or policy. The City Manager shall enforce against any prohibited use of cameras and/or access to data by other City of Berkeley personnel.

The audit shall be documented in the form an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected.

After review by the Chief of Police, the memorandum and any associated documentation shall be published on the City of Berkeley website in an appropriate location, and retained within the Professional Standards Bureau.

Berkeley Police Department
Law Enforcement Services Manual
External Fixed Video Surveillance Cameras
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351.8 TRAINING
All department members authorized to operate or access video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, associated software, and review of relevant policies and procedures, including this policy, as well as review of relevant City of Berkeley laws and regulations. Training should also address state and federal law related to the use of video surveillance equipment and privacy. All relevant recordings that are utilized will be collected pursuant to Policy 802, Property and Evidence, and retained pursuant to Policy 804 Records and Maintenance.
351.9 MAINTENANCE
It shall be the responsibility of the Public Works Director to facilitate and coordinate any updates and required maintenance, with access limited to that detailed in the City Manager's promulgated policies.

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: Terrance Davis, Director of Public Works
Subject: Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras

RECOMMENDATION

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

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

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

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

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

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

Contract: Edgeworth Integration, LLC for Installation of Security Cameras CONSENT CALENDAR at Council-Approved Intersections June 25, 2024

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

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

Contract: Edgeworth Integration, LLC for Installation of Security Cameras CONSENT CALENDAR at Council-Approved Intersections June 25, 2024

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

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

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

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

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

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

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

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

Contract: Edgeworth Integration, LLC for Installation of Security Cameras CONSENT CALENDAR at Council-Approved Intersections June 25, 2024

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

ALTERNATIVE ACTIONS CONSIDERED
None

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

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

CONTRACT: EDGEWORTH INTEGRATION, LLC FOR PURCHASE AND

INSTALLATION OF EXTERNAL FIXED VIDEO SURVEILLANCE CAMERAS AT

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

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

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

APPROVING INSTALLATION OF FUTURE SECURITY CAMERAS AT SELECT

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

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

Housing Advisory Commission
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: Housing Advisory Commission
Submitted by: Debbie Potter, Chairperson, Housing Advisory Commission Subject: Adopt a Resolution Supporting the Bay Area Housing Finance Authority’s 2024 Regional Affordable Housing Bond

RECOMMENDATION
Adopt a resolution supporting the Bay Area Housing Finance Authority’s (BAHFA’s) 2024 Regional Affordable Housing Bond.

FISCAL IMPACTS OF RECOMMENDATION
Voter approval of the nine Bay Area countywide bond measure, if placed on the 2024 November ballot, would raise a significant amount of funding to assist local jurisdictions in building and preserving affordable housing. Depending on the size of the bond ($10 to $20 billion) and the fund distribution model adopted by the Alameda County Board of Supervisors, Berkeley would be eligible to receive $45 million - $107 million over a 10- year period. This would have a positive fiscal impact on the City’s ability to fund permanent affordable housing.

CURRENT SITUATION AND ITS EFFECTS
The Housing Advisory Commission (HAC) received a presentation about the Bay Area Finance Authority’s 2024 Regional Affordable Housing Bond from Alameda County Housing and Community Development (HCD) staff at its May 2, 2024 meeting. The City Council received a similar presentation at its February 13, 2024 meeting.

Following the presentation, the HAC voted unanimously to recommend to City Council that it endorse the BAHFA Regional Bond Measure and to recommend to City Council that it encourage the County to use the allocation method that would result in the most funding to Berkeley. A draft resolution has been prepared for the City Council’s consideration and action.

Action: M/S/C (Simon-Weisberg/Ortiz-Cedeno) to recommend to City Council to endorse the BAHFA Regional Bond Measure and to recommend to City Council to encourage the County to use the allocation method that would result in the most funding to Berkeley.

Adopt a Resolution Supporting the Bay Area Housing CONSENT CALENDAR Finance Authority’s 2024 Regional Affordable Housing Bond June 25, 2024

Vote: Ayes: Bell, Braslaw, Calavita, Mendonca, Ortiz-Cedeno, Potter and Simon- Weisberg. Noes: None. Abstain: None. Absent: None.

BACKGROUND
BAHFA is a joint effort of the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). Its mission is to raise, administer, and allocate funding and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production.

BAHFA’s jurisdiction is the entire nine-county Bay Area region.

In the summer of 2022, the BAHFA Board and the ABAG Executive Board began the process to consider placing a $10-$20 billion general obligation bond on the November 2024 ballot. The affordable housing bond would be a general obligation bond financed through a tax on real property. The annual cost to taxpayers would be $10-$20 per $100,000 of assessed value for up to 30 years. Eighty percent (80%) of the net revenue generated would be returned to counties based on each county’s share of assessed property value (“return to source”). Berkeley’s share of the bond proceeds would be determined by the Alameda County Board of Supervisors based on an approved distribution model.

The ABAG Executive Board and the BAHFA Board must authorize the regional housing bond to be submitted to Bay Area votes; if they do so, counties are required to place the measure on the ballot.

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
Placement of the affordable housing bond measure on the November 2024 ballot and approval of the measure could provide critical funding for Berkeley’s affordable housing initiatives and help the city achieve a number of its Housing Element goals and objectives.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CITY MANAGER
The City Manager takes no position on the content and recommendations of the Commission’s Report.

CONTACT PERSON
Anna Cash, Commission Secretary, HHCS, (510) 981-5403

Adopt a Resolution Supporting the Bay Area Housing CONSENT CALENDAR Finance Authority’s 2024 Regional Affordable Housing Bond June 25, 2024

Attachments:
1: Resolution

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

SUPPORTING THE BAY AREA HOUSING FINANCE AUTHORITY 2024 REGIONAL

AFFORDABLE HOUSING BOND MEASURE
WHEREAS, costs for both rental and for-sale housing in the City of Berkeley and the rest of Alameda County have risen substantially in recent years; and WHEREAS, affordable housing is a critical resource that provides a stable, safe environment for members of the local workforce, as well as seniors, people with disabilities, and others on a fixed income; and
WHEREAS, through the Regional Housing Needs Assessment (RHNA) process completed by the Association of Bay Area Governments in 2021, Berkeley’s assigned share of the regional housing need was 8,934 units, including 3,854 units affordable to low- and very low-income households; and
WHEREAS, the City has a Housing Element policy to “seek, advocate for, and develop additional sources of funds for permanently affordable housing, including housing for people with extremely low incomes and special needs”; and WHEREAS, the Bay Area Housing Finance Authority is conducting work sessions and public stakeholder meetings for the purpose of developing a proposed 2024 Bay Area affordable housing bond; and
WHEREAS, the Alameda County Department of Housing and Community Development provided presentations on the affordable housing bond measure to the Berkeley City Council on February 13, 2024, and to the Housing Advisory Commission on May 2, 2024; and
WHEREAS, the proposed measure would generate $10-$20 billion throughout the nine- county Bay Area region for affordable housing, including an estimated $984 million in Alameda County (excluding Oakland); and
WHEREAS, up to 21% of funds generated in Alameda County would be earmarked for Berkeley projects; and
WHEREAS, the bond measure would provide an important new resource for developing and preserving affordable rental housing in Berkeley to assist the City to meet its RHNA goals and to achieve numerous policy goals as laid out in the Housing Element.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley does hereby affirm its support for the 2024 Bay Area Affordable Housing Bond measure and encourages Berkeley residents and businesses to support the measure if placed on the November 2024 ballot.

BE IT FURTHER RESOLVED, that the City of Berkeley encourages the Alameda County Board of Supervisors to adopt a funding distribution model that maximizes the City of Berkeley’s share of bond proceeds for the production of permanent affordable housing.

Mental Health Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://Berkeleyca.gov/

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Mental Health Commission
Submitted by: Monica Jones, Mental Health Commission Chair Subject: Appointment of Ajay Krishnan to Mental Health Commission for the City of Berkeley

RECOMMENDATION
Adopt a Resolution appointing: Ajay Krishnan as a representative of the General Public Interest Category to complete his first 3-year term beginning June 25, 2024 and ending June 24, 2027.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Mental Health Commission is authorized to be composed of thirteen members.

However, there are presently eight vacancies on the Commission. The Mental Health Commission is actively seeking candidates with the ability to fulfill the state law duties for Commissioners, including reviewing and evaluating the community’s mental health needs, services, facilities, resources and programs.

Approval of the recommended appointment will fill one vacancy and move the Commission one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources and programs.

BACKGROUND
The Mental Health Commission nominated Ajay Krishnan as a representative of the general public interest appointment on the Mental Health Commission for the City of Berkeley, for a three-year term. Ajay is a student focusing on a career in psychiatry and is involved with research for mental health and working as a mental health hotline worker. He has significant interactions with those who are suffering with mental health especially among youth.

California State law requires that appointees to the Mental Health Commission meet specific categories. The general public interest category includes anyone who has an interest in and some knowledge of mental health services. The special public

Appointment of Ajay Krishnan to the MHC CONSENT CALENDAR June 25, 2024

interest category includes direct consumers of public mental health services and family members of consumers, which together must constitute at least fifty percent or nine of the commission seats. Direct consumers and family members shall each constitute at least 20% of the commission membership.

Ajay Krishnan meets the category of general public interest and his represents as a person who is in school and has a diverse background speaking multiple languages.

Ajay has a long history of volunteering and is the recipient of 3 Presidential Service Awards. He has organized multiple blood drives, he is bilingual and interprets at community health clinics and for the crisis text line. Mental health issues resonate with Ajay as a college student, he shares that teenagers tend to find that mental health hotlines are a great outlet for people experiencing crisis.

In his current undergraduate studies, Ajay is currently involved in two research projects involving mental health and neuroscience. He is certified by the CITI program to conduct research in the psychological science. Along with his passion in mental health he is interested in public policy.

The Mental Health Commission passed the following motions at the March 28, 2024 meeting:

Review application for Ajay Krishnan
M/S/C (Prichett, Jones) Motion to approve Ajay Krishnan application for the Mental Health Commission
PASSED
Ayes: Jones, Opton, Prichett, Turner Noes: None; Abstentions: None; Absent: Kimber- Smith

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

RATIONALE FOR RECOMMENDATION
Approval of the recommended action will allow the Mental Health Commission to move one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources, and programs.

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager concurs with the content and recommendations of the Commission's Report.

Appointment of Ajay Krishnan to the MHC CONSENT CALENDAR June 25, 2024

CONTACT PERSON
Jamie Works-Wright, Commission Secretary, HHCS, 510-981-7721 Attachments:
1: Resolution

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

APPOINTMENT OF AJAY KRISHNAN TO THE MENTAL HEALTH COMMISSION WHEREAS, membership of the Mental Health Commission is composed of thirteen appointments by the City Council as a whole, including one appointment by the Mayor (or designee), six special public interest appointments, and four general public interest appointments; and
WHEREAS, with the ongoing implementation of the Mental Health Services Act, the City of Berkeley will need to have a full complement of diverse appointees to the Commission to review and evaluate the community's mental health needs, resources, and programs and to fulfill its mandate; and
WHEREAS, Mr. Ajay has an investment in the mental health community and is pursuing a career in psychiatry,
WHEREAS, the Mental Health Commission at its March 28, 2024 meeting recommended appointments of Ajay Krishnan.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council appoint as a representative of the General Public Interest category, to complete her first term ending June 24, 2027.

Parks, Recreation and Waterfront Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: berkeleyca.gov

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Parks, Recreation and Waterfront Commission
Submitted by: Claudia Kawczynska, Chairperson
Subject: Allocation of funds for a Nexus Study to develop a Parks Impact Fee for new developments

RECOMMENDATION
To provide for the foreseeable new park and recreation needs generated by the City’s assigned (RHNA) population growth, the Parks, Recreation and Waterfront Commission recommends that the City Council allocate $100,000 to fund a Nexus Study, in the FY24/25 Budget, as a first step toward adopting a Parks Impact Fee for new developments.

FINANCIAL IMPLICATIONS
Most Californian cities charge Parks Impact Fees on new development, which generate millions of dollars to mitigate the park needs created by population growth. While a Parks Impact Fee can be established by legislative action, an Impact Study (Nexus) is required.

For example, a modest impact fee of $5,000 per unit would generate $0.5M/per new 100 units. If such a fee had been in place in 2022 when the City approved plans for nearly 900 homes, a Parks Impact Fee would have generated $4.5 million in single year. Thus, any delay is making this upfront investment of $100,000 to fund a Nexus Study will result in the loss of millions in future funding for our parks!

CURRENT SITUATION AND ITS EFFECTS
A. Berkeley’s Parks Service Standards Are Below Average The City of Berkeley currently maintains a parks service standard of 2 acres of parks per 1,000 residents. This standard was adopted in the 1977 “Master Plan” and has been incorporated in the City’s General Plan guidance ever since; most recently in the City’s 2002 Open Space Plan, which is significantly out of date. Furthermore, Berkeley’s 2 acres/1,000 residents fails to meet the Quimby Act’s base standard of 3 acres/1,000 residents.

Parks, Recreation and Waterfront Commission – allocation of funds for CONSENT CALENDAR a Nexus Study to develop a Parks Impact Fee for new developments June 25, 2024

The City of Berkeley’s 2 acres/1000 park service standard is below average in comparison to comparable municipalities. The below table shows that Berkeley’s standard is significantly lower than Fremont, Sacramento, Los Angles, and Fresno..

City Parks Acres/1000 residents
Fremont 5
Sacramento 5
Los Angeles 4.2
Fresno 3
Berkeley 2
B. Population Growth’s Impact on Parks
Berkeley’s current population is 122,580. Based on the Regional Housing Needs Assessment (RHNA) assigned to Berkeley by the Association of Bay Area Governments (ABAG), Berkeley must accommodate the addition of 8,934 new residential units between 2023-2031. This new growth will bring Berkeley’s population to 140,935 by 2040. To meet Berkeley’s policy goal of 2 acres/1,000 residents would require 52 acres of new parkland by 2040.

C. Berkeley’s Current Parks Taxes Insufficient is to Meet Future Needs The existing City Parks tax of $0.213/ft2 is needed primarily for maintenance of existing park facilities and is insufficient to cover major capital improvements or property acquisition for new parks. Thus, the City’s current parks taxes are not intended or expected to address the impacts of residential and employee population growth.

D. Parks Impact Fees Mitigates Growth Impacts on Parks
Each of the Cities in Table 1 has a parks impact fee, which is charged to new development to mitigate the impact of new growth (residents and employees) on parks infrastructure. Park impact fees may be used to pay for park land, park improvements, community centers, recreation facilities, trails, open space, and etc.

Santa Monica, a city to which Berkeley often compares itself, currently charges the following park impact fees:

Single Family Residential – $9,092 per unit
Multi-Family Residential – Studio/1 Bedroom - $4,927 per unit Multi-Family Residential – 2+ Bedrooms - $7,936 per unit Retail $1.78 per square foot
Office $2.75 per square foot
Medical Office $1.51 per square foot
Lodging $3.71 per square foot
Industrial $1.55 per square foot

Parks, Recreation and Waterfront Commission – allocation of funds for CONSENT CALENDAR a Nexus Study to develop a Parks Impact Fee for new developments June 25, 2024

In FY 2021-22, the City of Santa Monica collected $1,952,613 in parks impact fees and expended $944,782 from its improvement fund.

The City of Berkeley does not have a parks impact fee. By way of information, Berkeley does have a “Percent for Art Policy” that assesses a fee [BMC 23.316], which applies to multi-family residential development and commercial developments and requires on-site artwork values at 1.75% of construction costs: or an in-lieu valued at 0.8% of the construction costs: or combination of the two.

D. Procedure for Adopting a Parks Impact Fee
Adopting a Parks Impact Fee does not require a vote of the people, and it can be approved by City Council action after complying with the Mitigation Fee Act and conducting requisite public hearings. A Parks Impact Fee would be charged only on new development. Accordingly, it would provide a way for new growth to contribute a “fair share” to address the parks infrastructure need created by that growth.

The process for adopting impact fees is well-established. The principal requirement is the preparation of a “Nexus study.” Nexus studies are typically prepared by well- established professional consulting firms with expertise in municipal finance and real estate issues. After completing the nexus study, the final step is to determine and adopt a fee for each land use through the legislative process, after evaluating local policy and financial considerations, and deciding how the impact fee program will be implemented.

This step includes an evaluation regarding whether fees should be charged at or below the maximum nexus fee amount and how the impact fee program will be implemented, including how fees may be annually adjusted.

E. Summary
Berkeley is not keeping up with its modest park service standard. As the City’s residential and employee population grows—as it must grow as the City responds to its Regional Housing Needs Allocation—Berkeley’s parks infrastructure will foreseeably fall further behind. Berkeley is an outlier in terms of its being a densely urbanized area that has not adopted a Parks Impact Fee.

Adopting a Parks Impact Fee will require a meaningful allocation of resources (i.e, funding of a nexus study) as well as a commitment of staff time from PRW, Planning and Economic Development and resources to support the preparation of the nexus study. However, it is well established that new development may be asked to pay for its “fair share” of the cost attributable to the increased demand for public facilities: the City Council has the legal authority to adopt a Parks Impact Fee (and has adopted other impact fees); and that—considering Berkeley’s projected growth—meaningful funding to meet the needs of that growth would be generated by a Parks Impact Fee.

CITY MANAGER
The City Manager takes no position on the recommendation contained in this report.

Parks, Recreation and Waterfront Commission – allocation of funds for CONSENT CALENDAR a Nexus Study to develop a Parks Impact Fee for new developments June 25, 2024

COMMISION
At a regular meeting on May 8, 2024, the Parks, Recreation and Waterfront Commission M/S/C to approve recommendation and designate Abshez, Kawczynska, and Wozniak to present PRW Commission at City Council meeting re: budget: (M/S/C:

Cox/Hurtado/U) Ayes: Cox; Diehm; Hurtado; Kawczynska; Lee; Ranuzzi; Wozniak; Noes: None; Absent: Abshez.

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

RATIONAL FOR RECOMMENDATION
See body of report.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Roger Miller, Secretary, Parks, Recreation and Waterfront Commission, 510-981-6704 Claudia Kawczynska, Chairperson, Parks, Recreation and Waterfront Commission

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
June 25, 2024
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Hahn (Co-Sponsor) Subject: Front Row Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Downtown Berkeley Association for their Front Row Festival with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

BACKGROUND
On August 24, 2024, from 10am to 7pmthe Downtown Berkeley Association will be hosting the Front Row Festival, an annual event that celebrates music and the arts in Berkeley. The day-long event on Shattuck Avenue and BART Plaza attracts thousands of people throughout the region, providing economic benefits to downtown businesses and the City. This year’s festivities will include performances by The Curtis Family C- Notes, Barrio Manouche, and Noelle & The Deserters among others. Local music and arts venues, including the Aurora Theatre, The Back Room, Berkeley Symphony, California Jazz Conservatory, Freight & Salvage, and the UC Theatre will be hosting events and concerts throughout the day. The Festival is free with activities for all ages, food trucks, and vendors.

To help support the costs and logistics for hosting such a large event, the Downtown Berkeley Association is requesting at least $500 from Councilmembers. These contributions will help ensure the success of the Festival and promote both the arts and local Berkeley businesses.

FINANCIAL IMPLICATIONS
No General Fund impact. $500 is available from the Mayor’s office budget discretionary account.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.

Front Row Festival 2024 CONSENT CALENDAR
June 25, 2024

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.
2024 FRONT ROW FESTIVAL
WHEREAS, the Front Row Festival, sponsored by the Downtown Berkeley Association, will take place on August 24, 2024; and
WHEREAS, the annual event is expected to attract thousands of people throughout the region, providing economic benefits to downtown businesses and the City; and WHEREAS, the City Council has historically supported programs and events that support the arts, and this event will be one of the largest free music festivals in the City; and
WHEREAS, Mayor Arreguin has surplus funds in his office expenditure account; and WHEREAS, the Downtown Berkeley Association seeks funds in the amount of $500 to help cover the costs of the Festival; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose of promoting access to the arts.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $500 per office shall be granted to the Downtown Berkeley Association for helping cover the costs of the Festival.

Internal
Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
June 25, 2024
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Hahn (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Subject: Support for ACA 14 – The Basic Labor Standards at the University of California Act

RECOMMENDATION
Adopt a Resolution in support of ACA 14 (Ortega) – The Basic Labor Standards at the University of California Act. Send copies of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Liz Ortega.

BACKGROUND
Berkeley is home to the flagship campus of the University of California system, which was established in 1868. In 1879, the California Constitution was amended to constitute the University of California as a public trust, under Article IX, Section 9. In recent years, this section of the State Constitution has been interpreted by the courts to exclude employees of the UC system from various labor laws. As a result, hundreds of thousands of employees are exempt from California’s basic labor standards, including rights to equal pay, minimum wage, and overtime pay.

ACA 14, introduced by Assemblymember Liz Ortega, would place a ballot measure to amend Article IX of the California Constitution to enshrine basic labor standards for UC employees. The Berkeley City Council has historically been supportive of improving labor standards at the University of California, in recognition of the importance of the work these employees do to maintain a world class university in Berkeley. One example of this was the approval of Resolution No. 67,454-N.S. in 2016 to support equal pay for UC contract employees.

Every California worker should have the same basic state labor standards, including equal pay standards, payment of a minimum wage, overtime pay, timely payment of wages, payment of a prevailing wage, and restrictions on outsourcing of jobs. The outdated, nearly 150-year-old exclusion of basic state labor standards for Californians who work or perform work for the University of California can be changed only by amending Article IX by a vote of the People of California.

FINANCIAL IMPLICATIONS
None.

Internal
Support the Basic Labor Standards at the University of California Act

CONSENT CALENDAR
June 25, 2024

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
2: Text of ACA 14
3: ACA 14 Fact Sheet

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

IN SUPPORT OF ACA 14 – THE BASIC LABOR STANDARDS AT THE UNIVERSITY

OF CALIFORNIA ACT
WHEREAS, California did not have basic state labor standards in place when Section 9 of Article IX of the California Constitution (hereafter “Article IX”) was amended in 1879 to constitute the University of California as a public trust; and WHEREAS, in 2021, a federal district court ruled that UC was not subject to the California Equal Pay Act, stating that UC “is immune from suit for violations of California Labor Code § 1197.5”; and
WHEREAS, in 2021, the Fourth District Court of Appeals ruled that UC was not subject to California’s minimum wage law, upholding arguments that UC is “exempt from statutes and regulations that govern wages and benefits of public employees”; and WHEREAS, in 2000, the First District Court of Appeals ruled that UC was not subject to California’s overtime pay law, stating that the “Regents are nonetheless exempt from its mandate by virtue of their constitutional status”; and
WHEREAS, every California worker should have the same basic state labor standards, including equal pay standards, payment of a minimum wage, overtime pay, timely payment of wages, payment of a prevailing wage, and restrictions on outsourcing of jobs; and
WHEREAS, the outdated, nearly 150-year-old exclusion of basic state labor standards for Californians who work or perform work for the University of California can be changed only by amending Article IX by a vote of the People of California.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports and endorses ACA 14, the Basic Labor Standards at the University of California Act proposed by the California State Legislature.

BE IT FURTHER RESOLVED that the Berkeley City Council urges the citizens of Berkeley to support the amendment to the California Constitution as proposed in the Basic Labor Standards at the University of California Act during the upcoming election.

BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Liz Ortega.

ACA 14 Last Revised 03/04/2024

ACA 14 - Basic Labor Standards at the University of California Act

SUMMARY
Article IX, Section 9 of the State Constitution was
adopted nearly 150 years ago before basic labor
standards were in place.

As a result, courts have held that Article IX, Section 9 excludes hundreds of thousands of Californians
performing work for the University of California from
labor standards adopted by the state legislature for
virtually all other Californians since then.

Basic state labor standards such as equal pay for
women, the minimum wage, overtime pay, meal and
rest breaks, sick leave, prevailing wages, and
restrictions on outsourcing of jobs should cover all
Californians.

BACKGROUND
ACA 14 gives each legislator’s constituents an
opportunity to amend Article IX, Section 9 of the State Constitution.

An affirmative vote by the public will cover hundreds
of thousands of Californians performing work at the
University of California with basic labor standards
adopted by the Legislature.

Californians who are currently not covered by basic
labor standards include underpaid service and
maintenance workers who clean toilets, bedpans, pick
up trash, cook food, perform clerical functions,
maintain buildings, and perform jobs subject to
outsourcing with unequal wages and inadequate
benefits.

Despite the Supreme Court holding that state legislation “may be made applicable to th e University when the
legislation regulates matters of statewide concern,” and despite the fact that the Legislature has adopted such
laws, the University of California has repeatedly
prevailed in excluding hundreds of thousands of
Californians who perform work for the University of
California from basic state labor standards that apply to other California employers.

In 2021, a federal district court ruled that UC was not subject to the California’s Equal Pay Act :

“Defendant argues Plaintiff cannot state an Equal Pay
Act claim under California law because Defendant is
immune from suit for violations of California Labor
Code § 1197.5.”

In 2021, the Fourth District Court of Appeals ruled that UC was not subject to California’s minimum wage law :

“The Regents demurred to the complaint, arguing the
first cause of action for failure to pay minimum wage
for all hours worked was barred as a matter of law
because the Regents are exempt from statutes and
regulations that govern wages and benefits of public
employees.”

In 2000, the First District Court of Appeals ruled that UC was not subject to California’s overtime pay law by citing that UC was not subject to California’s prevailing wage law:

ACA 14 Last Revised 03/04/2024

“Regardless of whether Kim was directly employed by
the state within the meaning of the above regulation,
the Regents are nonetheless exempt from its mandate by
virtue of their constitutional status.”

PROBLEM
Neither the Governor nor the Legislature have the
executive or legislative authority to ensure basic labor standards apply to or are enforced at UC due to a 150 - year old, outdated provision of the State Constitution.

SOLUTION
Californians can amend Article IX, Section 9 of the
State Constitution to ensure basic labor standards appl y to UC.

SUPPORT
AFSCME 3299 (co-sponsor)
California Labor Federation (co-sponsor)

FOR MORE INFORMATION
Stephanie Gerstle Esparza
Legislative Director, Assemblymember Liz Ortega
[email protected]

california legislature—2023–24 regular session
Assembly Constitutional Amendment No. 14
Introduced by Assembly Member Ortega
September 13, 2023
Assembly Constitutional Amendment No. 14—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding subdivision (h) to Section 9 of Article IX thereof, relating to the University of California. legislative counsel’s digest
ACA 14, as introduced, Ortega. University of California: basic state labor standards.

The California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. These provisions grant the regents all the powers necessary or convenient for the effective administration of its trust.

This measure would require employees of the Regents of the University of California to have the right to, and be covered by, certain basic state labor standards, as provided. The measure would require individuals who perform certain work for the regents to have the right to the payment of a prevailing wage. The measure would authorize the Legislature to enact laws that further these rights, establish, define, or specify the basic state labor standards applicable to the regents, or establish other health, safety, and labor protections for individuals performing work for the regents.

99

V ote: 2⁄3. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​
line 1 WHEREAS, California did not have basic state labor standards line 2 in place when Section 9 of Article IX of the California Constitution line 3 (hereafter “Article IX”) was amended in 1879 to constitute the line 4 University of California as a public trust; and
line 5 WHEREAS, Despite the California Supreme Court previously line 6 holding in San Francisco Labor Council v. Regents of the line 7 University of California (1980) (26 Cal.3d 785, 789-790) that “it line 8 is well settled that general police power regulations governing line 9 private persons and corporations may be applied to the university” line 10 and that state legislation “may be made applicable to the University line 11 when the legislation regulates matters of statewide concern,” and line 12 despite the fact that the Legislature has adopted such laws, the line 13 University of California has continually taken the position that line 14 Article IX excludes hundreds of thousands of Californians who line 15 work or perform work for the University of California from basic line 16 state labor standards that apply to all other California employers; line 17 and
line 18 WHEREAS, Some intermediate California courts have held that line 19 Article IX excludes Californians who work or perform work for line 20 the University of California from some basic state labor standards line 21 that apply to all other California employers; and line 22 WHEREAS, Every California worker should have the same line 23 basic state labor standards, including equal pay standards, payment line 24 of a minimum wage, overtime pay, timely payment of wages, line 25 payment of a prevailing wage, and restrictions on outsourcing of line 26 jobs; and
line 27 WHEREAS, The outdated nearly 150-year-old exclusion of line 28 basic state labor standards for Californians who work or perform line 29 work for the University of California can be changed only by line 30 amending Article IX by a vote of the People of California; now, line 31 therefore, be it
line 32 Resolved by the Assembly, the Senate concurring, That the line 33 Legislature of the State of California at its 2023–24 Regular line 34 Session commencing on the fifth day of December 2022, two-thirds line 35 of the membership of each house concurring, hereby proposes to line 36 the people of the State of California, that the Constitution of the line 37 State be amended as follows:
99 — 2 — ACA 14

line 1 First— This measure shall be known, and may be cited, as the line 2 Basic Labor Standards at the University of California Act. line 3 Second— That subdivision (h) is added to Section 9 of Article line 4 IX thereto, to read:
line 5 (h)   (1)  Notwithstanding subdivision (a) and unless otherwise line 6 provided by a state law, employees of the Regents of the University line 7 of California shall have the right to, and shall be covered by, the line 8 following basic state labor standards as they apply to employees line 9 of the state on or after January 1, 2025:
line 10 (A)   Equal pay standards, including those established pursuant line 11 to the California Equal Pay Act and California Fair Pay Act of line 12 2015.
line 13 (B)   The payment of a minimum wage.
line 14 (C)   The timely payment of wages.
line 15 (D)  The payment of overtime and standards governing the hours line 16 of work.
line 17 (E)   Occupational safety and health standards. line 18 (F)   Meal and rest breaks.
line 19 (G)   Paid leave, including paid sick leave.
line 20 (H)  Standards against displacement and contracting out of work line 21 as provided for in state laws governing the nonemergency use of line 22 personal service contracts by the state.
line 23 (2)   Notwithstanding subdivision (a) and unless otherwise line 24 provided by a state law, individuals who perform work for the line 25 Regents of the University of California shall have the right to the line 26 payment of a prevailing wage for work paid for, in whole or in line 27 part, out of University of California funds, if that work would be line 28 considered public works under prevailing wage laws applicable line 29 to the state on or after January 1, 2025.
line 30 (3)   Notwithstanding subdivision (a), the Legislature may enact line 31 laws to further the rights established by this subdivision, to line 32 establish, define, or specify basic state labor standards applicable line 33 to the Regents of the University of California, or to establish other line 34 health, safety, and labor protections for individuals performing line 35 work for the Regents of the University of California. line 36 (4)   This subdivision shall not apply to a contract entered into line 37 before January 1, 2025, if compliance with this subdivision would line 38 impair the obligations of that contract.
99 ACA 14 — 3 —

line 1 (5)   This subdivision shall not preclude the state labor standards line 2 and protections identified in this subdivision from being superseded line 3 by more favorable terms in a collective bargaining agreement.

O
99 — 4 — ACA 14

Office of the Mayor

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Hahn (Co-Sponsor) Subject: Accepting grant funding of $100,000 from San Francisco Foundation and engage Planet DMA (DBA DMA INK) in consulting work associated with the Equitable Black Berkeley (EBB) Initiative and execute a new contract with Gail McGuire to support EBB community engagement

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to:
 Receive $100,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support and implementation for the Equitable Black Berkeley (EBB) Initiative;
 Approve a PO with DMA INK (aka “DMA”) and the Mayor’s Office for services associated with supporting EBB for a total amount not to exceed $45,000; and  Execute a contract with the independent contractor between the Mayor’s Office and Gail McGuire to support EBB’s community engagement efforts at a weekly rate not to exceed $2,000 for twelve weeks.

BACKGROUND
Equitable Black Berkeley (EBB) is an innovative, replicable model to support equity, opportunity and the well-being of Berkeley’s Black community. It will underpin policies to repair harm, create financing vehicles to sustain community investment and ensure Black families have a right to stay, right to return, and right to own/build equity.

The City of Berkeley’s Black population has experienced segregation, disinvestment, displacement, gentrification, health disparities and racial inequity. Construction of the Ashby BART station in the 1970s resulted in an eminent domain taking of property in the historically black and culturally rich South Berkeley neighborhood.

When BART was initially developed, the South Berkeley community rose up to underground the tracks to prevent elevated tracks to further divide the community along the historic red line of Grove Street (present day Martin Luther King Jr. Boulevard). While they were successful in the effort of undergrounding the tracks, the construction caused massive disruption and loss of businesses, and eminent domain took away many Black homes and businesses in South Berkeley.

SFF Grant Acceptance, DMA Contract Extension, Gail McGuire Contract Execution for EBB June 25, 2024 As BART develops the Ashby station in the next few years, through EBB, the outcome will be designed to maximize equity outcomes for the African American community and low-income residents. With this initiative, Berkeley can begin to repair the harm done to the South Berkeley community, erase the legacy of segregation and make Berkeley a stronger, thriving and more equitable place for all.

For over 50 years, Berkeley’s Black population has decreased from 23.5% to 7.9%. Two- thirds of South Berkeley residents are renters and 20% are below the poverty line.

Between 2012 and 2018, the median home price in redlined districts more than doubled, from $517,000 to $1,140,000. This increase was 7% faster than anywhere else in the city as a result of gentrification. In that same time period, rents in South Berkeley increased 42%. Very little of the existing housing in South Berkeley is deed-restricted affordable, and prices have spiraled beyond what people who live in the community can afford.

Displaced Black homeowners suffered the missed opportunity for wealth building when gentrification escalated property values of historically redlined areas. Because disparities in wealth compound like an interest rate, the disinvestment in Black families in Berkeley and across the country throughout our history is still felt sharply today. The median Black American family has thirteen cents for every one dollar in wealth held by White families.

EBB seeks to tackle these inequities head on through economic, housing, and community investments.

The San Francisco Foundation has been an unparalleled supporter of EBB. In addition to the previous grants the City received as part of SFF’s Policy & Innovation grantmaking, the Mayor’s Office was selected as part of the latest Partnership for the Bay Future (PBF) government partner. PBF is a multi-sector initiative focused on creating and maintaining a vibrant, racially and economically diverse Bay Area by addressing the interconnected and urgent needs in housing, transportation and economic opportunity providing funding, technical assistance. As part of our engagement with PBF, the Mayor’s Office was selected to host a Fellow to help support the work of EBB and engage directly with our community partner, Healthy Black Families (HBF). Gail McGuire was the select Fellow placed at the Mayor’s Office. The continuation of her support is imperative to maintaining the progress, knowledge retention, and relationship building with community stakeholders needed to ensure EBB is brought to success.

In January 2024, DMA was contracted directly with the Mayor’s Office1 to offer consulting support to launch a strategy for returning displaced Black and other marginalized former residents to housing in Berkeley. The deployment of this strategy led to the development and execution of a Strategy Session on April 3, 2024 where 25 Black community leaders, advocates, and residents were convened by the Mayor’s Office, with support from HBF, to identify a priority outcome to be executed by his group. These leaders selected affordable housing for current and returning residents s their priority outcome, with a focus on a pathway through policy channels. The collective next step was to draft a letter for the Mayor of Berkeley to send to county, state, and federal officials, advocating for 100% affordable housing in the upcoming Adeline and Ashby BART development areas. A second strategy session will build from the information collected during this meeting. A 1 DMA’s work in January 2024 was funded directly by the Mayor’s Office.

SFF Grant Acceptance, DMA Contract Extension, Gail McGuire Contract Execution for EBB June 25, 2024 second group of City Staff and external leaders directly whose work is related to EBB’s vision will be convened in an effort to blend ideas to create a truly cross-sectoral conversation and collaboration that produces prioritized actionable community-driven outcomes that can be articulated to external partners (namely funders) that builds a narrative of the impact EBB will have.

CURRENT SITUATION AND ITS EFFECTS
On November 30, 2021, the City Council approved a $50,000 grant from the San Francisco Foundation (SFF) grant to support a six-month process to ideate increasing affordable housing at the North Berkeley and Ashby BART stations. On November 29, 2022 City Council accepted a grant of $75,000 from SFF. SFF increased the grant funding by an additional $75,000 on November 1, 2023 to continue the work of an existing part-time consultant to create a plan in collaboration with the community and multiple partners, to secure funding needed to meet the project goals of maximizing affordable housing at and around the Ashby and North Berkeley BART sites within a reparative framework, and assisting the City in outreach with Berkeley Flea Market vendors and community members, regarding resources to support the Berkeley Flea Market currently and plans for its relocation at a new Adeline Plaza as part of the new transit oriented development at Ashby Station.

On July 11, 2023, the Berkeley City Council passed the Right to Return Preference Policy that would prioritize offering affordable housing to people in select identity categories. The success of this policy is directly contributed to the work of PBF, Gail McGuire, and the SFF. EBB will continue to build upon this policy and seek to support racial justice, equity, opportunity and the well-being of Berkeley’s African American community through three components:

1. Community driven development at the Ashby station, through an equitable development approach rooted in a reparative framework, incorporating supportive policies such as right to return/local preference.

2. Innovative public, philanthropic, and private funding streams to raise funds to support community benefits and services, infrastructure funding and equitable, affordable housing at the BART sites and the surrounding neighborhoods.

3. Developing a catalytic and replicable model for a reparative framework in communities throughout the region and beyond.

As EBB is moved from concept to implementation, the project needs additional support to achieve the following activities and goals:
1) Enhance the development of an investors pitch deck to describe the vision of EBB, document and communicate the historical accomplishments of our work 2) Develop and deploy public outreach and education tactics in coordination with the City to highlight the work of EBB, bring new audiences to EBB and its

SFF Grant Acceptance, DMA Contract Extension, Gail McGuire Contract Execution for EBB June 25, 2024 progress, and highlight opportunities for investment to build sustainability for the initiative;
3) In combination with the work and deliverables generated from Creative Development Partners (Contract No. 32200161), prepare a refined and finalized a) operations, business, and strategic plan/s, b) board development and governance plan, c) transition plan for the temporary relocation and return of the Berkeley Flea Market to the new south plaza, and d) incorporate the Berkeley Flea Market into the community benefit agreement with the Ashby TOD; and 4) Create the foundational elements to build a non-governmental organization and governance structure to hold one or multiple investor funds as part of EBB.

The contract support provided by DMA will support the first two goals of this grant, with contract support provided by Gail McGuire contributing to all four activities and goals.

FISCAL IMPACTS OF RECOMMENDATION
Marginal. 100% of these funds were raised by the Mayor’s office. No new City funds will used to support the contract. The new PO and new contract execution may require staff time to administer, but will be maintained and overseen by the Mayor’s Office staff.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Supports Climate Action goals by providing more affordable housing along transit corridors.

RATIONALE FOR RECOMMENDATION
EBB is at a point of transition with the completion of the Partnership for the Bay’s Future grant term. Funding received during this juncture will ensure we continue the momentum of our work, bringing this initiative from conception to implementation.

Accepting these funds will ensure timely progress is made through supportive measures with consultants who possess contextual and knowledge and skillset necessary to move this work forward.

CONTACT
Mayor Jesse Arreguín (510) 981-7100
Anthony Rodriguez, Senior Legislative Assistant (510) 981-7102 Attachment:

1. Resolution

2. Grant confirmation letter

SFF Grant Acceptance, DMA Contract Extension, Gail McGuire Contract Execution for EBB June 25, 2024 RESOLUTION NO. ##,###-N.S.

ACCEPTING A GRANT FROM THE SAN FRANCISCO FOUNDATION, AUTHORIZING

APPROVAL OF A PO WITH DMA INK, AND EXECUTING A NEW CONTRACT WITH

GAIL MCGUIRE TO SUPPORT THE EQUITABLE BLACK BERKELEY INITATIVE WHEREAS, On November 30, 2021, the Berkeley City Council voted to receive a grant from the San Francisco Foundation to support a consultant to assist the Equitable Black Berkeley Initiative (EBB) in a six-month process to ideate financing alternatives to increase the level of affordable housing at the North Berkeley and Ashby BART stations within a reparative framework; and
WHEREAS, On November 28, 2023 the Berkeley City Council voted to receive a grant from the San Francisco Foundation to continue the work of the part time consultant in creating a plan, in collaboration with the community and multiple partners, to secure the funding needed to meet the project goals of maximizing affordable housing at and around the Ashby and North Berkeley BART sites within a reparative framework; and WHEREAS, EBB is an innovative, replicable model to support equity, opportunity and the well-being of Berkeley’s Black community and will underpin policies to repair harm, create financing vehicles to sustain community investment and ensure Black families have a right to stay, right to return, and right to own/build equity; and WHEREAS, on May 1, 2024 the San Francisco Foundation provided an additional grant of $100,000 for the period of May 1, 2024 through April 30, 2025 to the City of Berkeley to support the Equitable Black Berkeley Initiative; and BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to 1) receive $100,000 of grant funds from the San Francisco Foundation for project support for the Equitable Black Berkeley (EBB) initiative, 2) approve a PO with DMA INK to fund services provided by DMA not to exceed a total of $45,000, and 3) execute a new contract with the independent contractor Gail McGuire at a weekly rate of $2,000 for twelve weeks.

Saturday, June 1, 2024 at 17:00:17 Pacific Daylight Time

Subject: TIME SENSITIVE: City of Berkeley/EBB Grant Request & Invita?on to Apply Date: Wednesday, May 1, 2024 at 4:58:31 PM Pacific Daylight Time From: Demitrius BurneS
To: Rodriguez, Anthony, Randolph Belle, Gail McGuire
CC: Rodney K. Nickens, Jr, Judith Bell, Ella Zimbalist, Ella Zimbalist, Jes Montesinos A2achments: image001.jpg, SFF Project Budget EBB Oct. 2023-2024 (1) (3).xlsx, EBB Spring FY'24 Grant Outcomes & Ac?vi?es.docx
WARNING: This is not a City of Berkeley email. Do not click links or a6achments unless you trust the sender and know the content is safe.

Good Afternoon Everyone,

I’m following up on your modified proposal below. After discussing the proposal and reviewing the documents you shared, we are moving forward with recommending the $100,000 over 12 month grant for the Equity for Black Berkeley transition work. Please note the following intent of funds as well as the attached outcomes and activities.

Since we are late in our grantmaking process, we are on a tight turnaround. To streamline our process, I’ve made a copy of your Fall application and updated the outcomes and activities to what is in the attachment. I will send the application to you in Fluxx to make sure it is up to date and complete. Please have the application complete and submitted, including a project budget, by EOD Monday, 5/6. I’ll be working to get it into the approval pipeline on Tuesday, 5/7.

Intent of Funds
These funds are intended to be flexible resources to support accomplishing the stated purpose, outcomes, and activities of the grant. These funds are NOT to be solely used for the consultant contract with BDO. This support is for whatever consultant support is needed (you can have multiple), including but not limited to DMA, and expenses that are necessary to complete the stated work.

The City also made a request of the PBF TA fund through Enterprise to help extend DMA’s contract. In lieu of the additional TA funds, which the TA fund is not able to fulfill at this time, outcome 2 and its activities have been written to include language you submitted in your TA fund request.

As the PBF fellowship comes to an end, these funds can also be used to support the extension of Gail’s role on a consultant basis. We understand this may not be necessary as you mentioned you all are considering a full-time staff role to hold this work for the city. We just want to be explicit about the flexibility of the funds.

Wherever you land for the best use of the $100k, a simple project budget will need to be attached to the application showing your anticipated spending. I’ve attached your last project budget for reference.

Let me know if you have any questions.

Best,

Demitrius

Demitrius Burnett
​​​​
Senior Program Officer
San Francisco Foundation
One Embarcadero Center, Suite 1400 | San Francisco, CA 94111 T: (415) 733-8581 | F: (415) 477-2783
[email protected]
sff.org
From: Demitrius Burnett <[email protected]>
Sent: Thursday, April 25, 2024 10:00 PM
To: Rodriguez, Anthony <[email protected]>; Judith Bell <[email protected]>; Ella Zimbalist <[email protected]>; Rodney K. Nickens, Jr <[email protected]> Cc: Gail McGuire <[email protected]>; Randolph Belle <[email protected]>; Ella Zimbalist <[email protected]> Subject: Re: Thank You + Request

Thank you, Anthony,

We'll review materials and get back to you next week.

Demitrius
From: Rodriguez, Anthony <[email protected]
>
Sent: Tuesday, April 23, 2024 6:02:14 PM
To: Demitrius Burnett <[email protected]>; Judith Bell <[email protected]>; Ella Zimbalist <[email protected]>; Rodney K. Nickens, Jr <[email protected]> Cc: Gail McGuire <[email protected]>; Randolph Belle <[email protected]>; Ella Zimbalist <[email protected]> Subject: Thank You + Request

Hi Demitrius and Team SFF,

Thank you for the conversation and sharing your time with us. You and the team gave us a lot to think about. While debriefing, we recognize that we are trying to move forward an initiative we inherited. That being said, we see value in this work moving forward on a lot of parallel tracks. We have found particular value in the work we’ve engaged in through the consultant DMA. Her work contributes not only to identifying the minimum viable product (MVP), but also builds into a the theory of change, describes high value initiatives that can be achieved, and ultimately describes the “Why” someone would fund EBB. In addition, DMA’s work bring us closer to bringing an NGO online as her work contributes to multiple needs and deliverables achieved by BDO or any other organization working to stand up this NGO.

If SFF decides not to fund our work with BDO at $100K, we respectfully ask for your team to consider funding our work more broadly for EBB to achieve a set of outcomes, including

defining the value of a successful EBB initiative, which can be accomplished by DMA or another consultant. A $100K grant would still be valuable for us to move this work forward and bring it from concept to implementation.

Thank you again.

Anthony

Anthony Rodriguez (he/él/they)
Senior Advisor
Office of Mayor Jesse Arreguín
City of Berkeley
on Huichin Ohlone Land

--

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
June 25, 2024
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $32,500 for a new total not to exceed $336,000, extending the contract to November 30, 2024.

FINANCIAL IMPLICATIONS
This amendment will add $32,500 to extend the Mayor’s Office’s existing contract for communications consulting services. The term of the contract will be extended by five months to coincide with the end of the Mayor’s term on November 30, 2024. Funds for this contract amendment are available from the Mayor’s Office budget.

CURRENT SITUATION AND ITS EFFECTS
Under Berkeley Municipal Code Chapter 7.18.010A, “expenditures…which exceed the amount of $50,000 shall require Council approval”, as adopted under Ordinance No. 7,566 and mandated under Article XI, Section 67.5 of the City Charter.

Contract No. 32000196 was entered into on March 16, 2020, originally at $35,000.

Since then, amendments have been made to extend the term of the contract. A new extension was approved by Council in July 2021, which was required as the increase in the cumulative amount of the contract went beyond the $50,000 threshold, thus requiring Council approval.

In 2021 during the first contract extension, as a courtesy, bargaining unit members of SEIU CSU/PTRLA were advised by City of Berkeley Human Resources Department of this contract extension and offered the opportunity to meet. The services provided under this contract are not of the kind, nature or type of work presently performed by the bargaining unit members.

BACKGROUND
Under Article VI, Section 21 of the City Charter, the Mayor is the ceremonial head of the City. As such, the Mayor serves as a spokesperson for the City, and should provide

Contract Amendment: Szabo & Associates CONSENT CALENDAR June 25, 2024

consistent information to residents and businesses on the operations and policies of the City. Providing open and transparent lines of communication is a cornerstone of democracy and good governance. Relaying critical information, such as communications during the ongoing local state of emergency in response to COVID-19, PG&E Power Safety Shutoff events, other critical events, and City policies and programs, are important to the health, safety and operation of the City.

Services provided by Szabo & Associates include development of press releases and media advisories on issues of importance to the Berkeley community, maintaining social media accounts, press coordination, graphic design, and other support services relating to the communications from the Mayor’s Office.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

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

CONTRACT: SZABO & ASSOCIATES FOR COMMUNICATIONS CONSULTING SERVICES FOR THE MAYOR’S OFFICE
WHEREAS, as the ceremonial head of the city under the City Charter, the Mayor must serve as a city spokesperson and provide consistent information to residents and businesses on the operations and policies of the City; and WHEREAS, Szabo & Associates is a communications consulting firm whose services include development of press releases and media advisories on issues of importance to the Berkeley community, maintaining social media accounts, press coordination, and other support services relating to the communications; and WHEREAS, providing open and transparent lines of communication is a cornerstone of democracy and good governance. Relaying critical information, such as communications during the ongoing local state of emergency in response to COVID-19, PG&E Power Safety Shutoff events, other critical events, and City policies and programs, are important to the health, safety and operation of the City; and WHEREAS, under Berkeley Municipal Code Chapter 7.18.010A, “expenditures…which exceed the amount of $50,000 shall require Council approval”, as adopted under Ordinance No. 7,566 and mandated under Article XI, Section 67.5 of the City Charter; and
WHEREAS, Contract No. 32000196 was entered into on March 16, 2020, originally at $35,000, with additional amendments having been made, and requires Council approval by passing the $50,000 threshold; and
WHEREAS, in July 2021, Council approved Resolution No. 69,985-N.S. to increase the contract by $78,000 and extending the contract to June 30, 2022; and WHEREAS, in July 2022, Council approved Resolution No. 70,451-N.S. to increase the contract by $78,000 and extending the contract to June 30, 2023; and WHEREAS, in June 2023, Council approved Resolution No. 70,928-N.S. to increase the contract by $78,000 and extending the contract to June 30, 2024; and WHEREAS, funding for this amendment to extend the contract by one year is available in the Mayor’s Office budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000196 with

Contract Amendment: Szabo & Associates CONSENT CALENDAR June 25, 2024

Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract by $32,500, and extending the contract to November 30, 2024.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Mayor Arreguín (co-sponsor), Councilmember Lunaparra (co-sponsor)
Subject: Downtown Berkeley Pride on the Plaza: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from the author and co-sponsors, to support the Downtown Berkeley “Pride on the Plaza” event.

FINANCIAL IMPLICATIONS
No General Fund impact. $500 is available from contributing Councilmembers’ Council Office Budget discretionary accounts.

BACKGROUND
The Downtown Berkeley Association is hosting “Pride on the Plaza” at the Downtown Berkeley BART Plaza on Friday, June 28, from 4-7pm. The event is free and open to the public, and is intended to celebrate and uplift Berkeley’s diverse LGBTQ+ community.

Pride on the Plaza CONSENT CALENDAR
Jun. 25, 2024

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Resolution

Pride on the Plaza CONSENT CALENDAR
Jun. 25, 2024

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO

PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Taplin has surplus funds in his office expenditure account (budget code 011-11-102-100-0000-000-411); and
WHEREAS, a California non-profit tax exempt corporation Downtown Berkeley Association seeks funds in the amount of $500 to provide the following public services:

Pride on the Plaza; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose: hosting a free event to celebrate LGBTQ+ Pride; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $500 amount per office shall be granted to the Downtown Berkeley Association to support Pride on the Plaza.

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/

ACTION 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: Reserving $24.5 Million to Support the Development of Affordable Housing at the North Berkeley BART Site

RECOMMENDATION
Adopt a Resolution:

1. Reserving $24.5 Million for the following affordable housing developments at the North Berkeley BART (NBB) site:
a. NBB BRIDGE Phase 1 Project (BRIDGE Housing Corporation) at $10,657,975
b. NBB EBALDC Project (East Bay Asian Local Development Corporation) at $5,473,534
c. NBB BRIDGE Insight PSH Project (BRIDGE Housing Corporation and Insight Housing) at 8,368,491

2. Waiving Section I.A.1 of the Housing Trust Fund Guidelines for Applicant Experience for Insight Housing.

3. Authorizing the City Manager or designee to disburse up to $2M of the $24.5M reservation for predevelopment, if the development is unsuccessful in securing predevelopment funding from the Metropolitan Transportation Commission’s Priority Sites Program.

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

FISCAL IMPACTS OF RECOMMENDATION
City Council reserved $53M in funding for the Ashby and North Berkeley BART sites at their April 27, 2021 meeting through Resolution 69,833-N.S. Of that total $53M reservation, $13M will come from Affordable Housing Mitigation Fees, and $40M will come from Measure O. The Measure O portion will be available in the third and fourth issuances, expected in 2025 and 2027. Up to $26.5M – half of the BART set-aside – is available to the North Berkeley BART affordable housing projects.

City Council previously authorized advancing $2M in Affordable Housing Mitigation Fees to support predevelopment activities for the North Berkeley BART projects through

Reserving Development Funds for the Development ACTION CALENDAR of Affordable Housing at the North Berkeley BART Site June 25,2024

Resolutions No. 70,643-N.S. and 70,991-N.S, as there are limited sources of funding for early project costs. The attached resolution would reserve the remaining $24.5M for the three affordable projects in the first phase of the North Berkeley BART development.

Staff will determine the exact mix of funds from Measure O (Fund 512) and Affordable Housing Mitigation Fee (Fund 120) for each project prior to loan closing. The funding is subject to appropriation in the FY 2025 budget.

CURRENT SITUATION AND ITS EFFECTS
North Berkeley Housing Partners is the team of developers selected through a joint process with BART and the City. It includes BRIDGE Housing Corporation (BRIDGE, acting as the master developer), East Bay Asian Local Development Corporation (EBALDC), Insight Housing (Insight), and AvalonBay Communities (Avalon). Avalon is a market-rate developer and will not receive City subsidy.

BRIDGE, EBALDC, and Insight submitted a combined request for $24.5 Million in development funds for their respective affordable housing projects anticipated to be developed in the first phase of at the North Berkeley BART site. The City’s Housing Trust Fund Guidelines and the Affordable Housing Framework for North Berkeley BART establish standards for the projects. The North Berkeley Housing Partners team proposes to exceed the City and BART’s sitewide requirement that at least 35% of new housing be affordable to households earning an average of 60% of Area Median Income. The funding reservation would support the creation of 265 new units of affordable housing that will be available to households earning up to 30-70% of the Area Median Income.

The affordable developers are pursuing up to $3M in predevelopment funds through Metropolitan Transportation Commission’s (MTC) Priority Sites Program. MTC has not finalized its funding recommendations as of the writing of this report. If the request for MTC funds is unsuccessful, up to $2M of the $24.5M funding reservation may be made available for predevelopment at the discretion of the City Manager or designee. Any additional predevelopment award from the City would be conditioned on performance metrics established by Housing and Community Services staff. A portion of the existing predevelopment loan will be rolled into each affordable project’s development loan, in proportion to each project’s share of the total affordable units at the North Berkeley BART site.

BACKGROUND
To support the City and BART’s shared affordable housing goals, City Council set aside $53M for affordable housing development. Council also indicated that a portion of the BART set-aside funds could be used for predevelopment activities including master planning, as funding sources for early project costs are limited. In July 2022, the City and BART issued a Request for Qualifications (RFQ) to select a team to develop housing at the North Berkeley BART site. The City and BART selected North Berkeley Housing Partners, with BRIDGE acting as the master developer. Through the RFQ, the

Reserving Development Funds for the Development ACTION CALENDAR of Affordable Housing at the North Berkeley BART Site June 25,2024

City offered up to $2M in predevelopment funding to cover the nonprofit developers’ proportional share of master planning costs.

North Berkeley Phase 1 Projects Overview

NBB BRIDGE
Phase 1 Project

NBB EBALDC
Project

NBB BRIDGE
Insight PSH Project
Total Units 120 60 85
Unit Sizes studios, 1brs, 2brs,
3brs
studios, 1brs, 2brs,
3brs studios, 1brs
Housing Type family housing
family housing +
permanent
supportive housing
for formerly
homeless individuals
permanent
supportive housing
for formerly
homeless individuals
Affordability
(% of Area Median
Income)
30-70% AMI 20-60% AMI 30-50% AMI
Total Development
Cost (TDC) $109,346,858 $66,364,289 $84,178,808
TDC/Unit $911,224 $1,106,071 $990,339
Total City Subsidy $11,563,636 $5,926,364 $9,010,000
City Subsidy/Unit $96,364 $98,773 $106,000
While high, the estimated development costs are in line with other City-funded projects that are currently under construction or in predevelopment. In recent years, the City subsidy for projects has averaged $200k per unit, and up to $250k per unit for one project. Thanks in part to the discounted ground lease from BART, the City subsidy for the North Berkeley BART phase 1 projects is considerably lower than the recent average.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Creating new affordable housing in Berkeley that allows lower income individuals and families to live closer to transit will make the City more economically and racially equitable, and reduce greenhouse gas emissions by reducing vehicle-miles-traveled and decreasing reliance on personal vehicles. New affordable housing developments are typically built to third-party green building standards, these projects will achieve GreenPoint Rated Gold standards.

RATIONALE FOR RECOMMENDATION
The development team was selected through a competitive process. The proposed development exceeds affordability targets. The proposed development benefited from an intensive community planning process. The City’s total investment of $26.5 Million

Reserving Development Funds for the Development ACTION CALENDAR of Affordable Housing at the North Berkeley BART Site June 25,2024

dollars will enable leverage of meaningful State funding for the creation of new affordable housing at the North Berkeley BART site.

ALTERNATIVE ACTIONS CONSIDERED
Since the City agreed in its Memorandum of Agreement with BART and the RFQ to make this funding available for the selected nonprofit developer, and since the proposed affordable housing projects qualify for this funding under the City’s Housing Trust Fund criteria, staff did not consider any alternative actions.

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

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

RESERVING $24.5 MILLION TO SUPPORT THE DEVELOPMENT OF AFFORDABLE

HOUSING AT THE NORTH BERKELEY BART STATION
WHEREAS, City Council established a Housing Trust Fund Program (HTF) 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 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, the City and BART are collaborating on the development of the North Berkeley BART site, and articulated shared goals in a Memorandum of Understanding, Memorandum of Agreement, and Joint Vision and Priorities for Transit-Oriented Development for Ashby and North Berkeley Stations; and
WHEREAS, the City and BART are committed to achieving a minimum of 35% affordable housing at each BART site; and
WHEREAS, on April 27, 2021, with Resolution 69,883-N.S., the City Council reserved $53 million, to be divided between the two BART sites, as the local subsidy needed to achieve 35% affordability, and allowed for a portion of that funding to be considered for predevelopment costs associated with affordable housing; and WHEREAS, the $53 million includes $40 million in Measure O funds, and $13 million in Affordable Housing Mitigation Fees; and
WHEREAS, in July 2022, BART issued a Request for Qualifications (RFQ) to select a team to develop new housing at the North Berkeley BART site and created an RFQ selection panel with equal representation from the City and BART; and WHEREAS, through the RFQ, the City indicated that up to $2 million of the $53 million funding reservation could be available for predevelopment for each BART site; and WHEREAS, on December 1, 2022, the BART Board of Supervisors approved the RFQ panel’s recommendation to select a development team made up of BRIDGE Housing Corporation (BRIDGE), East Bay Asian Local Development Corporation (EBALDC), Insight Housing (Insight), and AvalonBay Communities (collectively, the North Berkeley Housing Partners); and
WHEREAS, the North Berkeley Bart development team propose to develop 50% of the residential units at the North Berkeley BART as affordable to lower-income persons; and

June 25,2024

WHEREAS, City Council reserved $2,000,000 in predevelopment funding for the North Berkeley BART projects with Resolutions No. 70,643-N.S. and 70-991-N.S.; and WHEREAS, BRIDGE, EBALDC, and Insight requested a combined $24.5M in development funding to support their affordable projects at North Berkeley BART; and WHEREAS, Insight intends to partner with BRIDGE on its NBB BRIDGE Insight PSH Project, Insight does not meet the threshold criteria for developer experience as described in Section I.A.1 of the Housing Trust Fund Guidelines on its own; and WHEREAS, the City, BART and the North Berkeley Housing Partners shall continue to collaborate on the development of North Berkeley Bart site.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the following reservations for the North Berkeley Bart affordable housing projects:
 $10,563,635 to BRIDGE Housing Corporation (BRIDGE) for the NBB BRIDGE Phase 1 Project;
 $5,473,534 to East Bay Asian Local Development Corporation for the NBB EBALDC Project; and
 $8,368,491 for NBB BRIDGE Insight PSH Project (BRIDGE Housing Corporation and Insight Housing)
BE IT FURTHER RESOLVED that the City Manager may incorporate a portion of the existing predevelopment loan into the new permanent loans resulting from this resolution, in proportion to each project’s share of the affordable units.

BE IT FURTHER RESOLVED that the City’s Housing Trust Fund program guidelines will apply to the use of these funds.

BE IT FURTHER RESOLVED that the requirements of Section I.A.1 of the HTF Guidelines shall be waived and Insight approved as an eligible developer with demonstrated capacity to complete the North Berkeley Bart, though it has not completed the number of projects required by the developer eligibility criteria.

BE IT FURTHER RESOLVED the City Manager, or designee, is hereby authorized to make no more than $2,000,000 dollars of the $24,500,000 reservation available for predevelopment activities at North Berkeley BART, if the North Berkeley Housing Partners are unsuccessful at securing other predevelopment funding, and would be disbursed based on performance metrics and conditions determined by City staff.

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 the development teams obtaining all required land use approvals of the property and securing commitments for project funding that the City Manager or designee deems sufficient within the reservation period.

June 25,2024

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 any 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 any of the HOME and/or CDBG funded projects 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 each 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 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/

ACTION 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: Approval of the North Berkeley BART Affordable Housing Compliance Plan

RECOMMENDATION
Adopt a Resolution:

1. Approving the North Berkeley BART Affordable Housing Compliance Plan.

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
The Affordable Housing Compliance Plan includes an estimate for the minimum developer contribution required from the market rate project at the North Berkeley BART site, which is currently estimated at $14.4M. The developer contribution is expected to be paid to the City and administered through the Housing Trust Fund program. The developer contribution, less any administrative fee collected by the City, would support the development of BRIDGE Housing Corporation’s phase 2 affordable project and the affordable housing projects’ share of site improvements. Any remaining funds would be prioritized for the permanent supportive projects at the North Berkeley BART site.

CURRENT SITUATION AND ITS EFFECTS
North Berkeley Housing Partners is the team of developers selected through a joint process with BART and the City of Berkeley, and includes BRIDGE Housing Corporation (BRIDGE, acting as the master developer), East Bay Asian Local Development Corporation (EBALDC), Insight Housing (Insight), and AvalonBay Communities (Avalon). BRIDGE, EBALDC, and Insight will develop affordable housing projects at the North Berkeley BART site, and Avalon will develop a market-rate project.

The team submitted an Affordable Housing Compliance Plan (the Plan) to Housing and Community Services (HCS) staff, which details the proposed means of compliance with the Affordable Housing Framework approved by Council on July 25, 2023, with Resolution No. 71,012-N.S. The Affordable Housing Framework outlined the City’s expectations regarding the share of affordable units and their income requirements, the phasing of various components of the project, inclusionary requirements, the conditions

Approval of the North Berkeley BART Affordable Housing Compliance Plan ACTION CALENDAR June 25, 2024

for awarding City subsidy funds, and the City’s expectations regarding the contribution to affordable housing from market rate project.

The preliminary design concept includes four affordable housing developments and one market rate project, which will create a total of 739 new residential units. Approximately 51% of the total units will be restricted to affordable households earning between 30- 70% of the Area Median Income (AMI). North Berkeley Development Partners proposed two main phases of development. The first phase will include three affordable projects:
a 120-unit BRIDGE project serving family households, a 60-unit EBALDC project also serving family households with 15 units set aside for formerly homeless residents, and an 85-unit permanent supportive housing project serving formerly homeless households developed by Insight in partnership with BRIDGE. The second phase will include another BRIDGE-sponsored family project (116 units), as well as the 358-unit Avalon project. The timeline and phasing are subject to the affordable housing developers’ success at pursuing state funding for the affordable projects, and market conditions for the Avalon project.

The Plan addresses the North Berkeley Housing Partners’ specific commitments to develop the 381 units of affordable housing at a range of incomes, and includes a site plan, unit and bedroom counts, a phasing plan, a description of site amenities, a description of the proposed market rate developer contribution, and a third-party report on the feasibility analysis of the market rate project. The Plan shows that the projects will collectively meet or exceed the framework requirements by providing over 50% affordable housing at North Berkeley BART, with at least 20% of the affordable units targeting households earning 30% AMI. Affordable housing will be constructed prior to the market rate housing, the market rate component will meet its inclusionary housing obligation, the development team has a detailed plan to leverage outside sources, and the Plan is consistent with the City subsidy expectations. The Plan projects a minimum developer contribution of $14.4M, which will subsidize affordable housing at the North Berkeley BART site.

A compliant Affordable Housing Compliance Plan is a condition of the City reserving up to $24.5M in development funds to the North Berkeley BART affordable housing projects. Any substantive changes to the approved Plan would require re-approval by Council.

BACKGROUND
For the past few years, the City has been working closely with BART on the development of the North Berkeley and Ashby BART sites. The City created a BART Community Advisory Group (CAG), made up of 15 members of the public to develop a vision for affordable housing, land use, station access, building form, and new public spaces. The CAG met throughout 2020 and 2021 at public meetings and community workshops, and provided feedback on the new zoning regulations impacting the North Berkeley BART site. The City and BART entered into a Memorandum of Agreement

Approval of the North Berkeley BART Affordable Housing Compliance Plan ACTION CALENDAR June 25, 2024

(MOA) in June 2022 to address additional aspects of the collaboration, and both agencies adopted the Joint Vision and Priorities for Transit-Oriented Development for Ashby and North Berkeley Stations (JVP) in June 2022. The JVP articulates the shared goals of the City and BART, including the goal of achieving at least 35% affordability at each site. To support the shared affordable housing goal at the BART sites, City Council set aside $53M through Resolution 69,833-N.S. on April 27, 2021.

BART issued a Request for Qualifications (RFQ) in July 2022 to select a team to develop housing at the North Berkeley BART station site. A selection panel with equal representation of City and BART staff recommended the selection of the North Berkeley Housing Partners.

The City engaged Street Level Advisors, a housing economics firm, to develop the general framework that the City of Berkeley will use to evaluate affordable housing project proposals at the North Berkeley BART station. Council approved the Affordable Housing Framework in July 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Creating new affordable housing in Berkeley that allows lower income individuals and families to live closer to transit will make the City more economically and racially equitable, and reduce greenhouse gas emissions by reducing vehicle-miles-traveled and decreasing reliance on personal vehicles. New affordable housing developments are typically built to third-party green building standards, these projects will achieve GreenPoint Rated Gold standards.

RATIONALE FOR RECOMMENDATION
Development at the North Berkeley BART station will consist of multiple phases and projects, and necessitated an Affordable Housing Framework to define the development expectations beyond the City’s standard Inclusionary and Housing Trust Fund regulations and guidelines. The proposed Affordable Housing Compliance Plan meets or exceeds the requirements in the framework. It will help ensure that the City and community goals for affordable housing at the North Berkeley BART site are met, and that the City is effective at leveraging its resources to achieve the maximum number of affordable units.

ALTERNATIVE ACTIONS CONSIDERED
Since the City adopted an Affordable Housing Framework for the North Berkeley BART station on July 25, 2023 and since the proposed North Berkeley BART Affordable Housing Compliance Plan meets or exceeds the framework requirements for the site, alternatives were not considered. If the Affordable Housing Compliance Plan is not approved, the projects would not be eligible for the $24.5M in development funding currently requested, which would cause delays in the project schedules, and could impact their eligibility to pursue critical state funding.

Approval of the North Berkeley BART Affordable Housing Compliance Plan ACTION CALENDAR June 25, 2024

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510- 981-5228
Attachments:
1: Resolution
Exhibit A: Affordable Housing Compliance Plan

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

APPROVAL OF THE NORTH BERKELEY BART AFFORDABLE HOUSING

COMPLIANCE PLAN
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, the City and BART are collaborating on the development of the North Berkeley BART site, and articulated shared goals in a Memorandum of Understanding, Memorandum of Agreement, and Joint Vision and Priorities for Transit-Oriented Development for Ashby and North Berkeley Stations; and
WHEREAS, the City and BART are committed to achieving a minimum of 35% affordable housing at each BART site; and
WHEREAS, on April 27, 2021, with Resolution 69,883-N.S., the City Council reserved $53 million, to be divided between the two BART sites, as the local subsidy needed to achieve 35% affordability; and
WHEREAS, in July 2022, BART issued a Request for Qualifications (RFQ) to select a team to develop new housing at the North Berkeley BART site and created an RFQ selection panel with equal representation from the City and BART; and WHEREAS, on December 1, 2022, the BART Board of Supervisors approved the RFQ panel’s recommendation to select a development team made up of BRIDGE Housing Corporation, East Bay Asian Local Development Corporation, Insight Housing, and AvalonBay Communities (collectively, the North Berkeley Housing Partners); and WHEREAS, the North Berkeley Housing Partners propose to develop 50% of the residential units at the North Berkeley BART as affordable to lower-income persons; and WHEREAS, on July 25, 2023, City Council adopted Resolution No. 70-012 N.S., adopting the Affordable Housing Framework for Development at the North Berkeley BART Station; and
WHEREAS, the North Berkeley Housing Partners submitted the North Berkeley BART Affordable Housing Compliance Plan, which addresses the required elements identified in the adopted Affordable Housing Framework for Development at the North Berkeley BART Station; and
WHEREAS, the North Berkeley BART Affordable Housing Compliance Plan meets and, in some cases, exceeds the City adopted Affordable Housing Framework for Development at the North Berkeley BART Station.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley approves the North Berkeley BART Affordable Housing Compliance Plan (Exhibit A).

BE IT FURTHER RESOLVED the Council of the City of Berkeley must re-approve the Affordable Housing Compliance Plan if there are substantive changes to the plan.

BE IT FURTHER RESOLVED the City Manager, or 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.

Exhibits
A: Affordable Housing Compliance Plan

Nor
th Berkeley BART TOD
Aff
ordable Housing Compliance Plan

Submitted by:

North Berkeley Housing Partners

On Behalf of:

BRIDGE Housing
Insight Housing
East Bay Asian Local Development Corporation
AvalonBay Communities

Draft Date:

May 30, 2024

1 Table of Contents

Section Affordable Housing Compliance Plan Requirement Reference

1.0 Introduction Page 2

2.0 Master Development Structure Page 3

3.0 Compliance with City Inclusionary Housing Ordinance Page 3

4.0 Site Plan Page 4

5.0 Unit Mix Page 5

6.0 Phasing Plan Page 6

7.0 Site Amenities Page 7

8.0 Developer Contribution to Affordable Housing Page 8

9.0 Third Party Economic Analysis Page 8
Exhibit A Site Plan
Exhibit B Phasing Plan
Exhibit C Feasibility Memo

2 Section 1.0 Introduction

The North Berkeley Housing Partners (NBHP) are committed to the City of Berkeley and BART’s vision to redevelop the surface parking lots surrounding the North Berkeley BART station into a vibrant, accessible, mixed-use, mixed-income community. To further that mission, NBHP have developed the enclosed Affordable Housing Compliance Plan, which outlines how the team’s development proposal for this site complies with the City of Berkeley’s inclusionary housing ordinance and the City’s Housing Trust Fund regulations and guidelines. On July 25, 2023, the Berkeley City Council adopted a framework for evaluating the Affordable Housing Compliance Plan. That framework outlined a list of required elements, which are listed below and included within the sections that follow:

a. A description of the proposed means of compliance with the City’s Inclusionary Housing Ordinance, including any request for alternative means of compliance such as clustering of the inclusionary units
b. Site Plan identifying the location of the market rate and affordable housing units/developments
c. Unit and bedroom count for the market rate units and the affordable units, including the specific affordability restrictions (depth of affordability) for each set of units d. Phasing Plan covering the entire site and demonstrating that affordable units will be constructed in advance of or concurrent with the market rate units e. A description of any site amenities including open space or exterior amenities f. A description of the proposed developer contribution to affordable housing. This description will identify specific in- kind and cash contributions as well at their likely timing. The land discount granted by BART cannot be included as an in-kind contribution for the purposes of the developer contribution
g. A report completed by a third-party economic analysis firm approved by the City of Berkeley which:
i. Compares the proposed level of affordability (number of units and depth of AMI affordability) to the level that would be provided by a hypothetical development project on the Property that complied with the City’s Inclusionary Housing Requirements through the on-site compliance option;
ii. Provides a financial analysis estimating the developer capital contribution that would be required to provide the City’s inclusionary units on-site and comparing that to the developer’s proposed affordable housing capital contribution as part of their finance plan; and
iii. Reviews individual and combined project return metrics, economics, and annual cash flow to validate project feasibility and to ensure a customary market rate return.

3 Section 2.0 Master Development Structure

NBHP is comprised of a four-developer team that was organized to respond to the BART development Request for Qualifications for the North Berkeley BART TOD site and includes BRIDGE Housing Corporation, Avalon Bay Communities, East Bay Local Asian Development Corporation, and Insight Housing. The NBHP developers formed a single purpose entity, North Berkeley Housing LP, in order to collaboratively master plan, design, and entitle the site.

Following entitlement, the developers intend to form additional single purpose ownership entities for each building within the site that will be managed by the developer(s) of each building. North Berkeley Housing LP will continue to own and manage the shared site amenities and infrastructure at the site and be the entity through which shared operations and maintenance are coordinated.

Section 3.0 Compliance with City Inclusionary Housing Ordinance

The proposed project satisfies the City of Berkeley’s Inclusionary Housing Ordinance (BMC Sec
tion 23.328.030) by prov
iding 50% of total project units at rent levels that range from 20% AMI to 70% AMI, including 30% of the affordable units at rent levels that are at or below 50% of Area Median Income. A detailed unit mix table summarizing the proposed affordability levels for the development project can be found in Section 4.0. Berkeley Municipal Code Section

23.328.030.A.1 requires providing 20% of total project units at affordable rent levels, where the proposed project will provide 50% of total project units at affordable rent levels. BMC Section

23.328.030.5(a) provides that at least 50% of the required affordable units in the housing development shall be offered at rent that is affordable to Very Low-Income Households, up to a maximum of 10% of the total units in the Housing Development Project if the project provides more affordable units than are otherwise required by the Chapter., where the proposed project will provide 30% of the affordable units at rent levels that are at or below 50% of Area Median Income, which exceeds the requirement in BMC Section 23.328.030.5(a).

As the unit mix table in Section 4.0 below details, the affordable units within the project are located within four 100% affordable housing buildings. This reflects a strategy by the NBHP team to maximize the ability of the affordable housing projects on site to compete for scarce and competitively allocated State and Federal subsidies. These funding programs, which are consistently oversubscribed each year, prioritize funding for applicants whose development proposals include high levels of affordability. This strategy will also allow the nonprofit affordable housing developers for each 100% affordable projects to implement a services delivery model that prioritizes the needs of specific populations within each building – for example low-income families or homeless individuals – while providing the same level of design, quality, and property amenities throughout the entire site.

4 Section 4.0 Site Plan

Please find a site plan attached as Exhibit A to this document. The site plan identifies buildings by the name of the developer. Unit mixes for each building identified within the site plan, including affordability levels, can be found in Section 4.0 below.

5 Section 5.0 Unit Mix

A detailed summary of the unit types and affordability levels of the current development proposal can be found in the table below. The NBHP is comprised of four developers, who will construct units across five independently owned and constructed housing developments across two phases. Across all five buildings, 51% or 381 of the 739 units are proposed to be deed-restricted affordable housing, with an average affordability of under 50% of AMI.

Affordability Total Phase I Phase II
Level Units BRIDGE Phase I Insight EBALDC Avalon Bay BRIDGE Phase II Stu 1bd 2bd 3bd Studio 1bd Stu 1bd 2bd 3bd Studio 1bd 2bd Stu 1bd 2bd 3bd 30% AMI 153 6 7 7 4 15 2 5 4 3 3 12 9 5 3
40% AMI 23 6 6 6 5
50% AMI 72 14 10 12 24 4 3 3 2
60% AMI 94 8 4 3 7 60 8 12 8 12 12 5 5 7 11
70% AMI 36 7 6 4 4 5 10
Manager 3 1 1 1
Market Rate 358 65 147 146
Total 739 28 28 29 35 75 10 17 13 15 15 65 147 146 31 27 27 31

6 Section 6.0 Phasing Plan

Please find a preliminary phasing plan attached as Exhibit B to this document. The plan outlines a potential process through which the 8-acre North Berkeley BART site can be built out. The plan was developed to balance the need for flexibility in the sequencing of phases while preserving BART station operations, ADA accessibility, bus service, and access to BART rider parking throughout each phase of construction. The plan represents the development team’s current understanding of how best to achieve these goals and is intended to serve as a demonstration of project feasibility, but it will be subject to change as designs and financing plans further develop.

Each building within the project along with the adjacent open spaces will be independently financed and constructed. For the four affordable housing buildings, full financing will require projects to secure multiple competitive funding awards. These include State Department of Housing and Community Development loans, Federal and State tax credits, and tax-exempt bonds, which are granted with strict groundbreaking deadlines. In the case of the market rate buildings, full financing will require that achievable market rents can support the financing, construction, and ground lease costs for the project.

To achieve the needed flexibility outlined above while preserving station operations, the plan is divided into two phases. Phase 1 is comprised of the three affordable housing buildings east of the station access road, the station access road itself, and adjacent open spaces. Phase 1 is subdivided into phases 1A through 1D, which are sequenced to demonstrate a potential process through which Phase 1 might progress. These subphases could, however, be reordered without compromising BART station operations.

Phase 2 is comprised of the market rate buildings, BRIDGE 2 building, and adjacent open spaces.

Section 7.0 Site Amenities

Today the North Berkely Bart Station’s large hot surface parking lots are an exception in the garde
ned, pedestrian-fr
iendly neighborhood fabric. The proposed development will reestablish the station as a community gathering place that welcomes pedestrians and bikers, provides much needed housing, and provides a strong local setting for the BART Station. Inspired by existing Berkeley public space quirks, public stairs and walks, and neighbors’ beautiful front yards, gardens, and porches, the design for the open space combines this local character at a civic scale.

It is intended that this new place be both familiar and something new.

The proposed design creates multiple accessible trails in order to invite in neighbors who previously walked through surface parking and to connect new residents to the surrounding area.

The design incorporates many existing conditions such as the station itself, the elevator, the electrical substation, and the tunnel of the BART tracks which runs Northwest to Southeast.

Inviting the public to flow into the site on all sides and to enjoy more than one experience of

7 moving across the site was a design goal that ensured the publicness of this new place. The design creates desirable and varied paths across the site which connect existing elements to new housing and negotiates the 19-foot change in elevation. Much of the open space is located on top of the tunnel and its immediate edges called the zone of influence. A winding trellis which holds both space and identity for the Ohlone Greenway defines the edge of the open space and provides a two-way bike path as well as pedestrian space for linear trail movement across the site. The trellis is a civic sized front porch and will be a new infrastructure that establishes a welcoming gateway to the site and creates places for neighbors to use with areas for bike parking, performance, swinging, ping pong, and seating. Two other trails link the Ohlone Greenway on all sides and reestablish the small block streets that existed prior to the station development on Francisco and Short streets. The north south two-way cycle track trail along the primary internal street is transformed with the addition of linear trees that separate the bikes from vehicles. A new east west trail connection from Acton to Sacramento embraces the slower winding pedestrian walking pace inspired by the Berkeley stairs and trails in the hills nearby.

This walk is wrapped in large boulders and stone and establishes a new gradual trail that connects to the elevator, the station, and more intimate garden planting. All of the trails serve the larger transit goals of this multi-modal connection point by making the experience of biking or walking desirable and easy.

Outdoor gathering areas for the public are established surrounding the station and along Sacramento near the casual carpool and the elevator. With restrictions on planting above the tunnel, the design of the plaza area west of the station is framed in planting and given human scale and microclimatic comfort by the trellis and surrounding trees. A visually dynamic and materially interesting ground plane serves as a canvas for human activities in and around the plaza. Furniture and lights are arranged with precise rhythm within the pavement pattern to establish edges and comfortable places to sit. Large scale public art could further establish identity and interest within the plaza itself. East of the station a more garden quality adjacent to the tunnel houses space for informal performance, a child exploration garden, and immersive planting. These casual garden rooms are connected to a café along Sacramento with a small patio as well as to the existing elevator access to BART.

The setting for the new housing is varied on all sides and responds to the neighborhood context.

Along Virginia St and Acton St, small gardens and stoops with a variety of planting reflect the houses across the street. Along Sacramento the buildings act as buffers to the fast-moving cars and the very wide street and planting is minimal. Along Delaware the buffered bike lane and deep planting balances the new buildings and the planted character of the neighborhood.

Building courtyards extend longer views, planting, and connection to the surrounding sidewalk experience.

The planting design for the project is developed to increase healthy ecology in a variety of ways.

Stormwater treatment is integrated into the project design in a dispersed manner with attention to the size and character of its basins. Pollinator species and habitat plants are selected and designed in accordance with ecological groupings as well as aesthetics. Planting practices such

8 as green mulch and layered planting design that minimizes maintenance and soil compaction are used to establish healthy plants and minimize maintenance costs.

In addition to these publicly accessible open spaces, the development proposal also incorporates community amenities into the first floor of multiple housing developments. These include a retail space within the BRIDGE 1 building, a retail space within the EBALDC building, a commercial childcare facility within the BRIDGE 2 building, community kitchen facility within the Insight building, and BART rider parking within the Avalon Bay garage structure.

Section 8.0 Developer Contribution to Affordable Housing The market rate units included within NBHP’s development proposal will be constructed by AvalonBay Communities (AVB) and, as the phasing plan included within Section 5.0 describes, wil
l be constructed in the second phase of the project. While the exact sequencing of each building within the development proposal is subject to change, the NBHP te am anticipate that the AVB building will be constructed following completion of the thre e affordable housing developments included within Phase I and concur rently or prior to the construction of the BRI
DGE Phase II building. AVB will make an affordable housing contribution (the minimum developer contribution) as prescribed by the North Berkeley BART Affordable Housing F
ramework (adopted by Council in July 2023) fo r the North Berkeley BART site to the City of Berkeley to be used to fund affordable housing proj ects located within the Nort h Berkeley BART TOD site and no more than the affordable housing developments’ pro rata share of on-site inf
rastructure. The Funds shall be disbursed generally consistent with the terms of the Housing Trust Fund Guidelines. The contributions are anticipated to equal to $200,000 per on-sit e affordable unit, or $14,400,000, and this $14,400,000 is anticipated to be available to fund the affordable housing projects within the North Berkeley BART TOD site and associated on-site and off-site infrastructure or required res erves. These funds will be contributed prior to the City’s issua
nce of a building pe rmit for the AVB building.

Section 9.0 Third Party Economic Analysis
The City of Berkeley engag
ed the third-party economic analysis consultant Street Level Advisors to prepare the feasibility memo enclosed here as Exhibit C.

9 Exhibit A
Site Plan

1616
16 16
16 16
16 16
16 16
16 16
16 16
1616
16 16
16 1616
1616 1616
16 LEASING
1 BR
2 BR
2 BR
2 BR
2 BR
2 BR
2 BR
1 BR 2 BR 2 BR 2 BR 1 BR

VIRGINIA STREET

DELAWARE STREET
SACRAM

ENTO STREET

ACTON STREET

COURTYARD
BRIDGE PH 2

INSIGHT
AVALON

AVALON EBALDC

AVALON W
ALKUPS

AVALON W
ALKUPS

BRIDGE WALKUPS
BRIDGE PH 1

COMMERCIAL KITCHEN
TRASH

COURTYARD
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1 BR
STUDIO
COMMON

TRANSFORMER
2 BR
1 BR
1 BR
1 BR
STUDIO
1 BR
STUDIO
STUDIO

LAUNDRY
STOR

OFFICE OFFICE
OFFICE
CONF
PM
LOBBY

COMMUNITY ROOM
WC

WCSERVICES
BIKES
RETAIL
TRASH

PM SUITE
LOBBY
1 BR
2 BR
3 BR
STOR
2 BR 2 BR
2 BR
1 BR
2 BR
TRASH
2 BR
2 BR
2 BR
1 BR
TRASH
LOBBY
2 BR
1 BR
LOBBY

COURTYARD
BIKE

COMMUNITY ROOM

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LAUNDRY

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STUDIO
WC

OFFICE BIKES OFFICE
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MAINTENANCE

MAINTENANCE
AVALON

BART STATION
TPSS

PRIMARY INTERNAL STREET

CHILDCARE PLAY
SPACE

GARAGE ENTRY

INTERNAL

CONNECTION PER
ODS
1 BR
ADMIN

CHILDCARE

CHILDCARE
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BIKE

COMMUNITY ROOM

LAUNDRY
PM
REC.

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SERV.

BIKE STATION

SERVICE
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SERV
WC

WCSTORAGE
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COMMUNITY ROOM
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JAN MAINT
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16' - 0"
16' - 0"
OFFICE

OFFICEOFFICE
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WAITING
WC WC
16' - 0"

FIRE PUMP ELEC
1 BR
1 BR
1 BR
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2 BR
1 BR
2 BR
1 BR
1 BR
1 BR
1 BR 1 BR STUDIO TRASH

TRANSFORMER
LOBBY

ELECTRICAL

FIRE PUMP
DOM. WATER
DOM. WATER
David Baker Architects
Date
Issuances
Description
License Stamp
Date
Revisions
Description
Drawing Title
Sheet No.

Project No.

Date
Set Title
Rev

DEVELOPMENT

APPLICATION
COORDINATION SET 11/03/2023
DEVELOPMENT APPLICATION XX/XX/2024
dbarchitect.com
461 Second Street c127
San Francisco, CA 94107
415.896.6700

NORTH BERKELEY

BART STATION TOD
A002

SITE PLAN -

GROUND FLOOR
22233
2023-11-03
1750 Sacramento Street
Berkeley, CA 94702
H

E OF AC LI
TA
S
T

LCI EN ES D RA C
ORF
IAN

TI ECTI
0 NI
DA
C-30025
-60 3 0 - 2
E S
52 NOM
.PXE
L
S
0' 10' 20' 40'
NOTES:

FINAL CURB AND LOADING SPACE ALLOCATIONS TO BE

DETERMINED AND SHOWN IN PLANS IN COORDINATION WITH
THE ACCESS PLAN AT A LATER STAGE.

STATEMENT REGARDING NATURAL GAS PROHIBITION,
BERKELEY ENERGY CODE AND BERKELEY GREEN CODE:

THE PROPOSED NEW BUILDING(S) WILL NOT INCLUDE ANY

NATURAL GAS INFRASTRUCTURE IN COMPLIANCE WITH BMC
CHAPTER 12.80. THE PROPOSED PROJECT IS DESIGNED TO

COMPLY WITH THE BERKELEY ENERGY CODE (BMC CHAPTER

19.36) AND BERKELEY GREEN CODE (BMC CHAPTER 19.37),
ADOPTED BY THE CITY COUNCIL ON DECEMBER 3, 2019,

INCLUDING A SOLAR PV SYSTEM AS WELL AS ENERGY AND

WATER EFFICIENCY MEASURES IN AN ALL-ELECTRIC
BUILDING. THE APPLICANT WILL NOT BE REQUESTING ANY

EXEMPTIONS TO THE NATURAL GAS PROHIBITION UNDER THE
BERKELEY MUNICIPAL CODE.

10 Exhibit B
Preliminary Phasing Plan

Master Plan - Construction Phasing
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Phase 1A, Insight Housing
Start of Construction: Q3 2024 - Q4 2026 More Aggressive Schedule Construction Completion: Q1 2027 - Q2 2028 More Conservative Schedule Construction Duration: 21 months
Phase 1B, BRIDGE 1
Start of Construction: Q3 2025 - Q2 2027 More Aggressive Schedule Construction Completion: Q3 2027 - Q1 2029 More Conservative Schedule Construction Duration: 24 months
Phase 1C, Open Space
Start of Construction: Q3 2026 - Q2 2028 More Aggressive Construction Completion: Q2 2027 - Q1 2029 More Conservative Construction Duration: 12 months
Phase 1D, EBALDC
Start of Construction: Q3 2024 - Q4 2026 More Aggressive Schedule Construction Completion: Q1 2027 - Q2 2028 More Conservative Schedule Construction Duration: 21 months
Phase 2A, AvalonBay
Start of Construction: Q4 2025 - Q3 2027 More Aggressive Schedule Construction Completion: Q1 2028 - Q4 2029 More Conservative Schedule Construction Duration: 30 months
Phase 2B, Open Space
Start of Construction: Q2 2027 - Q1 2028 More Aggressive Construction Completion: Q3 2028 - Q1 2029 More Conservative Construction Duration: 15 months
Phase 2C, BRIDGE 2
Start of Construction: Q2 2028 - Q1 2030 More Aggressive Schedule Construction Completion: Q1 2030 - Q4 2031 More Conservative Schedule Construction Duration: 24 months
2027 2028 2029 2030 203120262024 2025

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11 Exhibit C
Street Level Advisors | Feasibility Memo

1 MEMO

To: Jenny Wyant, City of Berkeley
From: Rick Jacobus, Street Level Advisors
RE: Economic Feasibility Assessment for North Berkeley BART

Date: April 4, 2024

This memo is intended to satisfy the requirements of the North Berkeley BART Project Affordable Housing Framework which was approved by the Berkeley City Council on July 25 of 2023. The framework calls for a “report completed by a third-party economic analysis firm approved by the City of Berkeley” which:
i. Compares the proposed level of affordability (number of units and depth of AMI affordability) to the level that would be provided by a hypothetical development project on the Property that complied with the City’s Inclusionary Housing Requirements through the on-site compliance option;
ii. Provides a financial analysis estimating the developer capital contribution that would be required to provide the City’s inclusionary units on-site and comparing that to the developer’s proposed affordable housing capital contribution as part of their finance plan; and
iii. Reviews individual and combined project return metrics, economics, and annual cash flow to validate project feasibility and to ensure a customary market rate return.

Overview:

The proposed mixed income project at North Berkeley BART provides dramatically more and deeper affordability than would be required under Berkeley’s Inclusionary Housing Ordinance.

Allowing the clustering of the required affordable housing units will significantly reduce the cost burden on the market rate project. The proposed contribution is still consistent with the cost that a comparable market rate project would face if they elected to pay Berkeley’s in lieu fee. Even with this reduction in the cost of compliance, the project’s financial feasibility is uncertain under current market conditions.

1. Proposed Level of Affordability
The proposed North Berkeley BART, as currently designed, includes dramatically more affordable housing units at much deeper levels of affordability than would be required under Berkeley’s Inclusionary Housing Ordinance. The Ordinance (BMC 23.328) requires projects

2 that provide units onsite to set aside 10% of total units for households earning 80% of Area Median Income (AMI) or less and 10% of units for households earning 50% of AMI or less.

By clustering affordable units into 100% affordable housing buildings and leveraging the contribution from market rate units with public affordable housing funding, the project proposes to provide more than 50% of the total units on the site with restrictions which will maintain affordability to households earning 70% of AMI or less. And among the affordable units, the income mix reaches much deeper than the inclusionary ordinance requires. Forty percent of the proposed affordable units serve households under 30% of AMI where the ordinance requires no units at this level. And where the ordinance allows half of the affordable units in each project to be at the ‘low income’ level (below 80% AMI), the proposed project only includes a third in this income range with the majority of those targeting 60% AMI, the rest at 70% and none at 80% AMI.

Table 1: Comparison of affordability levels

2. Developer Capital Contribution Comparison
Consistent with the methodology outlined in the City’s Affordable Housing Framework, the compliance plan describes a developer contribution of $14 million. The framework calls for a contribution based on the greater of:
a. The then-current City housing mitigation and/or inclusionary in-lieu housing fee amount per unrestricted market rate unit (or aggregate square footage of the market rate units) to be developed on the Property (including any bonus units available as a result of the density bonus), or
b. $200,000 per on-site affordable unit required by the City’s affordable housing regulations (inclusionary unit).

3 The final square footage of the market rate units has not been determined yet, so the Compliance Plan uses $200,000 per required onsite affordable unit to estimate the required minimum contribution.

Table 2: Minimum Contribution Calculation

Prior to approving a final amount for this contribution, the City should require the developer to also calculate the amount due under option A – calculated based on the residential square footage times the then current in lieu fee. It is possible that this could result in a slightly higher contribution.

The Framework calls for a comparison between this proposed capital contribution and the capital cost of providing the required 20% affordable units onsite in the project. It is difficult to calculate the cost of onsite compliance at this time because, under current market conditions, the project is not entirely feasible. Rents will need to rise and/or construction and financing costs will need to fall before the project is likely to begin construction. The exact cost of onsite compliance will depend on the specific changes in market conditions between now and the time the project commences construction.

In order to roughly approximate the cost of compliance, we used the results of a recently completed city-wide feasibility study conducted by Strategic Economics. Strategic estimated that for a typical Berkeley multi-family project each unit rented at 50% of AMI cost a project (ie. reduced the market value of a building) $478,116 and each 80% AMI unit cost $298,632. Table 3 uses these assumptions to estimate the total cost of compliance for the hypothetical situation where a market rate project at North Berkeley BART had to comply with the inclusionary ordinance with onsite units mixed into the market rate building.

Table 3: Estimated Cost of Onsite Compliance

4 The proposed developer minimum contribution is significantly less expensive than onsite compliance in a mixed income building would be. Strategic Economics found that this is also true for every other project in Berkeley: the cost of compliance onsite is dramatically higher than the cost of Berkeley’s In Lieu Fee.

3. Analysis of Return
Lastly, the Framework calls for an evaluation of the rates of return to evaluate feasibility and ensure that returns are not above what is typical.

Avalon Bay, the developer of the market rate buildings at North Berkeley BART, provided Street Level Advisors with a preliminary analysis of development costs and cash flows. The assumptions that they used were highly consistent with the assumptions that we used in an analysis of likely feasibility that we presented to the BART station Community Advisory Group (CAG) in 2020 as well as with the assumptions made more recently by Strategic Economics.

Avalon indicated that the project would require a Yield on Cost of 6.5% to be fully feasible. After conducting interviews with several local multi-family developers, Strategic Economics concluded that the minimum feasible yield on cost in Berkeley today is 6.0%. Avalon’s target of

6.5% is well within the normal range of variation that we would expect to see and Strategic’s research suggests that they may be willing to move forward with the project even if they cannot reach their target of 6.5%
However, under current conditions the project does not appear likely to generate a return of 6.5% or even 6.0%. Increases in rent and/or decreases in development costs will be necessary before the project can generate customary market returns. For comparison, Strategic Economics’ recent report included a prototype for an 8 story multi-family rental project which was projected to generate a yield of 3.75% under current conditions.

The combination of high construction costs and recent increases in interest rates have resulted in a situation where feasibility is temporarily very challenging throughout Berkeley. It is likely that the situation will change over time as interest rates fall and rents rise. As a result, it is not surprising that under current conditions, the market rate portion of the North Berkeley Project does not generate the necessary level of return to be considered feasible. To be extra clear, this does not mean that the project will not move forward, only that the developer will have to feel confident that conditions are changing before they break ground on the project. There are other East Bay projects currently moving forward in spite of temporarily unfavorable conditions and the North Berkeley BART site continues to be a highly desirable site for multi-family development.

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

PUBLIC HEARING
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Levy and Collection of Fiscal Year 2025 Street Lighting Assessments

RECOMMENDATION
Conduct a public hearing and upon conclusion adopt Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2025.

FISCAL IMPACTS OF RECOMMENDATION
On May 21, 2024, Council adopted Resolutions No. 71,349 –N.S. (District No. 1982-1) and Resolution No. 71,350–N.S. (District 2018) declaring the City’s intent to levy and collect FY 2025 assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018, collectively referred to herein as the Districts; preliminarily approving the Engineer’s Reports for the Districts; and setting a public hearing for the June 25, 2024 Council Meeting.

The attached Resolutions confirm the assessments, approve the final Engineer’s Reports, and authorize the levy and collection of assessment in Fiscal Year 2024. The assessments are to be filed with the Alameda County Auditor and included on the County’s assessment roll. After collection by the County the total amount of the assessment minus a county collection fee is paid to the City of Berkeley. The revenue is posted in the Street Light Assessment District Fund (Fund 142).

A summary of forecasted FY 2025 revenue and expenditures for the Districts is shown in Table 1.

Table 1: FY 2025 Street Light Assessment Revenue & Expenditures Forecast
Street Lighting Program Expenditures $ 1,948,743
Projected Assessments
Street Light Assessment District 1982-1 $ 1,422,966
Street Light Assessment District 2018 $ 838,753

Declaration of Intent - FY 2025 Street Lighting Assessment Districts PUBLIC HEARING June 25, 2024

Misc. Revenue $ 500
Projected Net Assessments $ 2,262,219
To (from) General Fund and/or Reserves $ 313,477
Allowable annual adjustments of the 2018 District assessment rates are expected to raise revenues over the coming years.

CURRENT SITUATION AND ITS EFFECTS
The proposed FY 2025 rates for Assessment District 1982-1 (1982 District) are incorporated into the Engineer’s Report (Attachment 3) and reflect no changes to assessment rates in FY 2025. Accordingly, this action is exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XIII D, Sec. 5). Any increase or change in formula for the assessments would make the annual assessment subject to procedures and approval process of Proposition 218 (Government Code Section 53750-53754). Table 2 details prior year and proposed FY 2025 assessment rates for this district.

Table 2: Street Lighting Assessment District No. 1982-1 Rate Schedule
Rate Category
Assessment
FY 2024
Proposed
Assessment
FY 2025
Unit
Residential and
Institutional
$ 0.0108 $ 0.0108 BSF1
Industrial and Utility $ 0.0216 $ 0.0216 BSF
Commercial $ 0.0432 $ 0.0432 BSF
The assessment for Street Lighting Assessment District 2018 (2018 District) is subject to an annual adjustment tied to the Consumer Price Index-U for the San Francisco Bay Area as of December of each succeeding year (the “CPI”), with a maximum annual adjustment not to exceed 3%. For the period beginning in December 2022 and ending in December 2023, the CPI increased by 2.62%2 therefore the assessment CPI adjustment for Fiscal Year 2025 may not exceed 2.62%. As approved by voters, the total annual adjustment may be calculated by taking the sum of the 1982-1 District assessment and the 2018 District assessment, and multiplying the sum by the allowable CPI increase. Calculating the adjustment in this manner allows for the inclusion of a 1 Building Square Footage (BSF)
2 Bureau of Labor Statistics, Data Series CUUSS49BSA0

Declaration of Intent - FY 2025 Street Lighting Assessment Districts PUBLIC HEARING June 25, 2024

1982-1 District adjustment as part of the 2018 District adjustment. The cumulative total adjustment results in a 2018 District assessment rate increase of approximately 7.4%.

These rate increases and the methodology used in their calculation for the 2018 District are in accordance with the voter approved measure; therefore the proposed adjustments are exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XII D, Sec. 5). Table 3 details the proposed FY 2025 assessment rates for this district. Additional information regarding the annual adjustment and the corresponding rate increases is included in the 2018 District Engineer’s Report (Attachment 4).

Table 3: Street Lighting Assessment District 2018 Rate Schedule Rate Category
Assessment
FY 2024
Proposed
Assessment
FY 2025
Unit
Residential
Single Family $ 16.72 $ 17.96 parcel
Multi-Family<5 units $ 13.38 $ 14.37 unit
Multi-Family 5 or more units $ 10.03 $ 10.78 unit
Condominium $ 13.38 $ 14.37 parcel
Mobile Home $ 8.36 $ 8.98 unit
Multiple SFR on parcel $ 16.72 $ 17.96 unit
Non-Residential
General Commercial $ 250.80 $ 269.40 acre
Industrial / Warehouse $ 25.08 $ 26.94 acre
Auto Repair $ 167.20 $ 179.60 acre
Hotel / Motel / Boarding $ 167.20 $ 179.60 acre
Hospital $ 104.50 $ 112.25 acre
Retirement Home $ 20.90 $ 22.45 acre
School / Day Care $ 37.62 $ 40.41 acre
Medical / Dental / Vet $ 209.00 $ 224.50 acre
Church $ 12.54 $ 13.47 acre
Mortuary $ 4.18 $ 4.49 acre
Recreational $ 41.80 $ 44.90 acre
Parking / Transportation $ 83.60 $ 89.80 acre
Mini Storage $ 12.54 $ 13.47 acre
Office $ 62.70 $ 67.35 acre
Bank $ 209.00 $ 224.50 acre
Park / Open Space / Agriculture $ 0.84 $ 0.90 acre
Vacant Not assessed

Declaration of Intent - FY 2025 Street Lighting Assessment Districts PUBLIC HEARING June 25, 2024

Revenue from the assessments will provide needed funding for installing, maintaining, and servicing public lighting facilities, including but not limited to street lights, traffic signals, and related electrical facilities. The improvements and services support the Strategic Plan goals of creating a resilient, safe, connected, and prepared City and providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City’s Street Lighting Assessment District No. 1982-1 was established under the Landscaping and Lighting Act of 1972 (Streets and Highway Code Section 22620- 22631) on July 27, 1982 (Resolution No. 51,449-N.S.)3. The Street Lighting Assessment District 2018 was established under the same Act on June 12, 2018 (Resolution No. 68,482-N.S.). The Act requires the Council to hold a public hearing each year to consider adoption of an annual budget and approve changes to the Engineer’s Report.

At this hearing owners of assessed properties within the district are allowed to make an oral or written protest against the annual levy.

During the course of, or upon conclusion of the public hearing, Council may order changes in any of the matters provided in the respective Engineer’s Report, including changes in improvements; zones within the assessment district; and the proposed district diagram, or the proposed assessment, as long as any proposed changes are less than the proposed annual levy. With the incorporation of any changes made by Council to the Engineer’s Report, it is then adopted upon supporting vote by Council confirming the diagrams, assessments, and levying assessments for the coming Fiscal Year.

The City’s Engineering Division has filed the FY 2025 Engineer’s Reports for the assessment districts with the City Clerk. Copies of the Engineer’s Reports with FY 2025 assessments will be available for review on the City’s Website4 after this Council Action, and at the reference desk of the main branch of the Berkeley Public Library and at the City Clerk’s Office when the City offices reopen for public business.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City exclusively uses LED (light emitting diode) street lighting. LED lights achieve the City’s illumination standards and last longer than high-pressure sodium lamps, reducing maintenance costs, and providing environmental benefits by reducing the level of greenhouse gases emitted, reducing the level of toxic materials disposed, and maximizing energy efficiency.
3 State of California legislation (Streets & Highways §22500) allows local governmental agencies to form Landscape & Lighting Maintenance Districts. A 1972 Act Landscaping and Lighting District is a flexible tool used by local government agencies to pay for landscaping, lighting and other improvements and services in public areas. It is based on the concept of assessing only those properties that benefit from improvements financed, either directly, or indirectly through increased property values. http://www.californiataxdata.com/pdf/1972LLact.pdf
4 https://berkeleyca.gov/city-services/report-pay/property-taxes

Declaration of Intent - FY 2025 Street Lighting Assessment Districts PUBLIC HEARING June 25, 2024

RATIONALE FOR RECOMMENDATION
Failure to conduct a public hearing and adopt the Resolutions would result in non- compliance of the requirements set forth in the Landscaping and Lighting Act of 1972 thus preventing the City from levying assessments in FY 2025. The District assessments are needed to establish financial sustainability for the Program and to avoid significant reductions in service.

CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Attachments:
1: Resolution – Declaration of Intent – Street Lighting Assessment District 1982-1 2: Resolution – Declaration of Intent – Street Lighting Assessment District 2018 3: Engineer's Report - Street Lighting Assessment District 1982-1 Fiscal Year 2025 4: Engineer's Report - Street Lighting Assessment District 2018 Fiscal Year 2025 5: Public Hearing Notice

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

LEVY AND COLLECTION OF FY 2025 ASSESSMENTS FOR STREET LIGHTING ASSESSMENT DISTRICT 1982-1
WHEREAS, the Council adopted Resolution No. 71,349 -N.S. declaring the City’s intent to levy and collect assessments for FY 2025, approving the preliminary Engineer’s Report, dated April 2024, for the Berkeley Lighting Assessment District 1982-1, and setting a public hearing for June 25, 2024; at a regular Council Meeting; and WHEREAS, the City Clerk published notice of the public hearing 10 days prior to the public hearing in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Government Code Section 6061 in a newspaper with general circulation; and
WHEREAS, a public hearing was held on Tuesday, June 25, 2024 at the regular Council meeting; and all interested persons were afforded the opportunity to hear and be heard or file a written protest with the Clerk; and
WHEREAS, the Council considered all public comments received against the levy of an annual assessment at the same rate as was levied in FY 2024 and the assessment follows the Landscape and Lighting Act of 1972.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley approves the final Engineer’s Report dated April 2024 and authorizes the levy and collection of assessments within Berkeley Street Lighting Assessment District No. 1982-1 for FY 2025.

The area of Land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED that improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

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

LEVY AND COLLECTION OF FY 2025 ASSESSMENTS FOR STREET LIGHTING ASSESSMENT DISTRICT 2018
WHEREAS, the Council adopted Resolution No. 71,350-N.S. declaring the City’s intent to levy and collect assessments for FY 2025, approving the preliminary Engineer’s Report, dated April 2024, for the Street Lighting Assessment District 2018, and setting a public hearing for June 25, 2024; at a regular Council Meeting; and WHEREAS, the City Clerk published notice of the public hearing 10 days prior to the public hearing in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Government Code Section 6061 in a newspaper with general circulation; and
WHEREAS, a public hearing was held on Tuesday, June 25, 2024 at the regular Council meeting and all interested persons were afforded the opportunity to hear and be heard or file a written protest with the Clerk; and
WHEREAS, the Council considered all public comments received against the levy of an annual assessment at the proposed assessment rate of SEVENTEEN DOLLARS AND NINETY-SIX CENTS ($17.96) per single-family equivalent benefit unit; and WHEREAS, the proposed annual assessment adjustment is in accordance with formulas established when the assessment district was formed and the assessment follows the provisions of Proposition 2018 (Article XIII D of the California Constitution) and the Landscape and Lighting Act of 1972.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley approves the final Engineer’s Report dated May 2024 and authorizes the levy and collection of assessments within Street Lighting Assessment District 2018 for FY 2025. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED that that improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

ATTACHMENT 3
1 CITY OF BERKELEY

STREET LIGHTING
ASSESSMENT DISTRICT No. 1982-1
ENGINEER’S REPORT
on the
Levy of an Assessment
for
Fiscal Year 2025
April 2024
Prepared by

RONALD NEVELS, PE

CITY OF BERKELEY

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 2 TABLE OF CONTENTS
BACKGROUND ......................................................................................................................................................3 PLANS AND SPECIFICATIONS.................................................................................................................................3 METHODOLOGY ...................................................................................................................................................3 ESTIMATE OF COSTS .............................................................................................................................................3 DIAGRAM .............................................................................................................................................................4 ASSESSMENT ........................................................................................................................................................5 APPENDIX A: FY 2025 ASSESSMENT ROLL .............................................................................................................7

LIST OF TABLES
Table 1- FY 2025 Street Light Fund Forecast ..........................................................................................................4

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 3 BACKGROUND
By its Resolution 51,230 N.S., adopted April 6, 1982, the Berkeley City Council initiated proceedings under the provisions of Division 15, Part 2, of the California Streets and Highways Code, entitled “Landscaping and Lighting Act of 1972”. The required public hearing was held on July 20, 1982, at which time the Council ordered the improvements and the formation of the assessment district, and confirmed the diagram and assessment. The district so formed was designated the “City of Berkeley Street Lighting Assessment District 1982-1”. Assessments have been levied for the 1983 through 2024 fiscal years.

This report was prepared and filed pursuant to Division 15, Part 2, of the California Streets and Highway Code Section 2250, and is exempt from Government Code Section 53753 since the proposed assessment for FY 2025 will not be increased.

PLANS AND SPECIFICATIONS
The plans and specifications for this assessment district were prepared and filed with the Engineer’s Report for the 1983 fiscal year, which plans and specifications are incorporated herein by this reference thereto.

METHODOLOGY
The benefit to individual parcels within the Assessment District was established in 1982 based on the median light intensity a parcel receives. Parcel’s Land Use Code (LUC) is used to categorize the parcels. The assessment is calculated by multiplying the building square footage on the parcel times the rate of its category. The rate structure has three categories: 1) Residential and Institutional, 2) Industrial, 3) Commercial. An industrial area has twice the median light intensity of a residential area and a commercial area has four times the median light intensity; therefore, the rates are two and four times higher, respectively, than the residential rate. The rates are:

Residential and Institutional $0.0108/Building Square Footage Industrial and Utility $0.0216/Building Square Footage
Commercial $0.0432/Building Square Footage

ESTIMATE OF COSTS
The improvements to be made in this assessment district are generally described as the maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalks, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 4 An estimate of costs for the maintenance of the improvements is provided in the fiscal year (FY) 2025 Street Light Assessment Fund (Fund 142) forecast provided below.

Table 1- FY 2025 Street Light Fund Forecast
Expenses
Personnel Expenses $ 474,194
Non-Personnel Expenses
Non-Personnel $ 452,239
Debt Service $ 217,907
PG&E Electric Costs $ 498,352
Indirect Costs $ 56,564
Operating Transfer Out $ 12,120
County Collection Fee $ 37,367
Subtotal Non-Personnel Costs $ 1,274,549
Capital Expenses
Deferred Capital/Maint $ 200,000
Subtotal Capital Expenses $ 200,000
Total Expenses $ 1,948,743
Assessments & Other Revenue
Street Light Assessment District 1982-1 $ 1,422,966
Street Light Assessment District 2018 $ 838,753
Misc. Revenue $ 500
Total Revenue $ 2,262,219
Deficit – To (from) General Fund and/or
Reserves $ 313,477

DIAGRAM
The diagram for this assessment district was prepared and filed with the Engineer’s Report for the 1983 fiscal year.

STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 5 ASSESSMENT
Except as described below, the assessments to be made against the assessable lots and parcels of land within this assessment district are contained in the “2024 Assessment Roll” for this district, which roll is filed herewith and incorporated herein by this reference thereto.

Said assessment roll filed herewith is based on data contained in the City’s 2024 Library Tax tape and the County Assessor’s 2024 maps. In the event that data contained in the 2024 Library Tax tape and 2024 maps, when issued, conflict therewith, assessments to be made against the affected parcels for this 2025 Fiscal Year shall be based upon the revised data contained in said 2025 tape and 2025 maps.

Dated: ______________ ___________________________
Ronald Nevels, RCE 62524
Engineer of Work

Internal
STREET LIGHTING ASSESSMENT DISTRICT 2018 ATTACHMENT 3
7 APPENDIX A: FY 2025 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 2018 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this report.

These records shall govern all details concerning the description of the lots or parcels.

FY 2025

City of Berkeley
Street Lighting Assessment District 2018
May 2024

(This Page Intentionally Left Blank)

City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Page i

CITY OF BERKELEY
City Council
Jesse Arreguin, Mayor
Rashi Kesarwani, District 1
Terry Taplin, District 2
Ben Bartlett, District 3
Vacant, District 4
Sophie Hahn, District 5
Susan Wengraf, District 6
Cecilia Lunaparra, District 7
Mark Humbert, District 8

City Manager
Dee Williams‐Ridley

Public Works Department
Terrance Davis, Public Works Director
Ronald A. Nevels, Manager of Engineering
Ricardo Salcedo, Associate Civil Engineer

City Attorney
Farimah Brown

Engineer of Work
John Bliss, P.E., SCI Consulting Group

City of Berkeley
Street Lighting Assessment District 2018
FY 2025
Page ii

TABLE OF CONTENTS

Introduction  ...................................................................................................... 1 Overview ......................................................................................................................  1 Assessment Formation Process  ....................................................................................  2 Legal Requirements  ......................................................................................................  2 Proposition 218  2
Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority  3
Dahms v. Downtown Pomona Property  4
Bonander v. Town of Tiburon  4
Beutz v. County of Riverside  5
Golden Hill Neighborhood Association v. City of San Diego  5 Compliance with Current Law  5
Plans and Specifications  .................................................................................... 6 Fiscal Year 2025 Budget .................................................................................... 8 Method of Assessment ................................................................................... 10 Discussion of Benefit ..................................................................................................  10 Special Benefit  ............................................................................................................  11 Improved Visibility and Safety  11
Improved Access, Navigation and Traffic Safety  11
Improved Community Character and Vitality  11
General Versus Special Benefit ..................................................................................  12 Quantification of General Benefit ..............................................................................  12 Calculation of General Benefit  13
Calculation of the Current General Benefit Contribution from the City  15 General Benefit is More than Offset by City Contribution  15 Method of Assessment  ...............................................................................................  15 Residential Traffic  16
Non‐Residential Traffic  16
Darkness  17
Single‐Family Equivalents  17
Annual Assessment Increase  ......................................................................................  18 Duration of Assessment .............................................................................................  19 Appeals and Interpretation ........................................................................................  19