Berkeley City Council
September 10, 2024

NPS Form 10-900-a QMS Approval No. 1024-0018
(8-86)
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Panoramic Hill, Alameda County, CA
Section number 7 Page 9
A two story, single family, wood shingle clad structure with a low-raking gable roof, broad eaves and projecting end beams atop a concrete foundation, follows an L-shaped plan. The home was built into a triangular lot inside the first hair-pin turn on Panoramic Way, with a very shallow setback on the uphill side and nestled in among redwood trees. Steilberg composed the home to conform to the setting so that the southern wall is angled away from what is now a tree stump but would have been a mature tree when the house was designed. On the western facade a second redwood was used in place of a decorative pillar holding up a trellis over the half round portico containing a rooftop terrace.

A stone retaining wall combines with a concrete retaining wall covered with wooden lattice curved to follow the contour of the hillside. Above the retaining wall is a terrace. A pergola gateway with wooden columns, tapering from bottom to top with hand carved cross braces, marks the entrance from the eastern side. The second story was designed in 1954 by architect Howard Moise although visual inspection does not reveal where the addition begins and ends. The house was later subdivided into two apartments with the entryway to one apartment on the eastern (uphill) side of the lot. The entryway is inset with a substantial wooden lintel where the original street number (#71) is carved. To the left of the entry is a window screened by six green glazed perforated Oriental tiles.

Additional fenestration includes two-lite casement windows placed asymmetrically. A north-east corner window configuration groups three windows per side separated by natural redwood vertical supports and two incised horizontal bands at the top. A large, mullioned bay window dominates the south-facing elevation. A red brick chimney is prominent on the northwest elevation. A single-car wood frame garage is wedged into the narrowest part of the lot at Panoramic Way's first hairpin turn.

Lattice work overlapping in squares atop wood siding gives the garage the appearance of an over- sized Japanese jewel box; the effect is enhanced by ochre glazed perforated Oriental tiles on the eastern side and similar tiles glazed "Steilberg-green" on the western side.

12. 60 Panoramic Way - TWO CONTRIBUTING: house
retaining wall (a)
Year built: 1913
Contractor: Rowe, Henry
Original owner: Moore, William J.

This two and one half story single-family dwelling is built on the uphill side of Panoramic Way near the first hairpin turn. The exterior is clad in natural wood shingle and topped by a front gabled roof with overhanging eaves which are supported by exposed roof beams. The chimney is clinker brick. On the first story of the western facade is a square bay with three double-hung windows consisting of multiple lites and an inset entry porch. The front door has a vertical inset panel flanked by side lites of diamond-paned leaded glass. The second story contains a pair of three-sided bay windows under a secondary hip-roof overhang. A stone retaining wall of local volcanic rhyolite about 4 feet in height wraps around the property line at the street, adjoining the retaining wall at 62 Panoramic Way. A flight of steep stone steps leads to the wooden entry porch.

ATTACHMENT 2

ATTACHMENT 2

Goldstein / Kanarek
Tel/Fax (510) 528-6368
Cell (510) 912-6931
[email protected]
1912 Vine Steet
Berkeley, CA 94709
guylubrotharchitect.com
Guy Lubroth, Architect60 Panoramic Way
Berlkeley, CA 94704

BASEMENT
PLAN
4/27/22
3/16"=1'-0"

(EXISTING)

REMODEL
Scale:

Date:

Title:

Project:

Revisions:
1 PROGRESS PRINT
Sk
Architect:
0' 5' 10' 20'

BASEMENT PLAN - (EXISTING)
1/4" = 1'-0"1
UP
ATTACHMENT 2

Goldstein / Kanarek
Tel/Fax (510) 528-6368
Cell (510) 912-6931
[email protected]
1912 Vine Steet
Berkeley, CA 94709
guylubrotharchitect.com
Guy Lubroth, Architect60 Panoramic Way
Berlkeley, CA 94704
1ST FLOOR
PLAN
4/27/22
1/4"=1'-0"

(EXISTING)

REMODEL
Scale:

Date:

Title:

Project:

Revisions:
2 PROGRESS PRINT
Sk
Architect:
0' 5' 10' 20'
1ST FLOOR PLAN - (EXISTING)
1/4" = 1'-0"1
UP DN
DN
ATTACHMENT 2

Goldstein / Kanarek
Tel/Fax (510) 528-6368
Cell (510) 912-6931
[email protected]
1912 Vine Steet
Berkeley, CA 94709
guylubrotharchitect.com
Guy Lubroth, Architect60 Panoramic Way
Berlkeley, CA 94704
2ND FLOOR
PLAN
4/27/22
3/16"=1'-0"

(EXISTING)

REMODEL
Scale:

Date:

Title:

Project:

Revisions:
3 PROGRESS PRINT
Sk
Architect:
0' 5' 10' 20'
2ND FLOOR PLAN - (EXISTING)
1/4" = 1'-0"1
UP
DN
ATTACHMENT 2

Goldstein / Kanarek
Tel/Fax (510) 528-6368
Cell (510) 912-6931
[email protected]
1912 Vine Steet
Berkeley, CA 94709
guylubrotharchitect.com
Guy Lubroth, Architect60 Panoramic Way
Berlkeley, CA 94704

ATTIC FLOOR
PLAN
4/27/22
3/16"=1'-0"

(EXISTING)

REMODEL
Scale:

Date:

Title:

Project:

Revisions:
4 PROGRESS PRINT
Sk
Architect:
0' 5' 10' 20'

ATTIC FLOOR PLAN - (EXISTING)
1/4" = 1'-0"1
ATTACHMENT 2

6/14/2024
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 2024-35 1) Monthly Rental Income 8,000$
2) Annual Rental Income 3% 96,000$ 98,880$ 101,846$ 104,902$ 108,049$ 111,290$ 114,629$ 118,068$ 121,610$ 125,258$ 129,016$

ANNUAL EXPENSES
3) Insurance 8% 7,680$ 7,910$ 8,148$ 8,392$ 8,644$ 8,903$ 9,170$ 9,445$ 9,729$ 10,021$ 10,321$ 4) Utilities 5% 4,800$ 4,944$ 5,092$ 5,245$ 5,402$ 5,565$ 5,731$ 5,903$ 6,080$ 6,263$ 6,451$ 5) Maintenance 5% 4,800$ 4,944$ 5,092$ 5,245$ 5,402$ 5,565$ 5,731$ 5,903$ 6,080$ 6,263$ 6,451$ 6) Management 5% 4,800$ 4,944$ 5,092$ 5,245$ 5,402$ 5,565$ 5,731$ 5,903$ 6,080$ 6,263$ 6,451$ 7) Other 5% 4,800$ 4,944$ 5,092$ 5,245$ 5,402$ 5,565$ 5,731$ 5,903$ 6,080$ 6,263$ 6,451$ 8) Total expenses 28% 26,880$ 27,686$ 28,517$ 29,373$ 30,254$ 31,161$ 32,096$ 33,059$ 34,051$ 35,072$ 36,124$ (Sum Line 3-7)
NET OPERATING INCOME 69,120$ 71,194$ 73,329$ 75,529$ 77,795$ 80,129$ 82,533$ 85,009$ 87,559$ 90,186$ 92,892$ (Line 2 Minus 8)

CAPITALIZATION RATE
9) Interest Component 7.25%
10) Historic Property Risk Component 4.00%
(2% for comm.&apts, or 4% for SFD & Condos)
11) Property Tax Component 1.21%
12) Amortization Component 2.50%
13) Capitalization Rate 14.96%
(Sum Line 9-12)
TAXES
14) Mills Act Assessment 462,032$ 475,893$ 490,170$ 504,875$ 520,021$ 535,622$ 551,690$ 568,241$ 585,288$ 602,847$ 620,932$ (Net Operating Income/Line13)
15) Tax under Mills Act 5,591$ 5,758$ 5,931$ 6,109$ 6,292$ 6,481$ 6,675$ 6,876$ 7,082$ 7,294$ 7,513$ (Line 14 X 1.21%)
16) Current Tax 37,038 37,038 37,038 37,038 37,038 37,038 37,038 37,038 37,038 37,038 37,038 17) Tax Savings 31,447$ 31,280$ 31,107$ 30,929$ 30,746$ 30,557$ 30,363$ 30,162$ 29,956$ 29,744$ 29,525$ (Line 16-Line 15)
18) ANNUAL COST TO THE CITY Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 (Line 17 x 16%) 9,434$ 9,384$ 9,332$ 9,279$ 9,224$ 9,167$ 9,109$ 9,049$ 8,987$ 8,923$ 8,857$

FINANCIAL ANALYSIS FOR MILLS ACT CONTRACT
Sandhya Sood, Principal
[email protected]
510-541-8845
accent architecture+design60 PANORAMIC WAY, BERKELEY, CA 94704 Attachment 3

60 PANORAMIC WAY, BERKELEY, CA 94704
Feature
Character
Defining? Condition Recommended Treatment Schedule (Estimated) 10-Year Budget
(Estimated) Notes
Wood Shingle Siding Yes Fair-Poor Repair & Replace
Repair 2026;Replace by
2031 120,000 1
Wood Windows Yes Good Repair & Maintain
Repair 2025; maintain
2026-2035 15,000 2
Roofing, Flashing
Drainage Assemblies Yes Fair Replace 2028 40,000 3
Painting & Finishing Yes Fair Repair & Paint 2025 37,000 4 Foundation Yes Fair-Poor Repair & Replace
Repair 2025; Replace
by 2031 212,000 5
Wood Posts No Poor Repair & Replace 2026 12,000 5
SITE
Retaining Walls Yes Fair-Poor Repair & Strengthen
Replace 2025; Repair
by 2030 82,000 6
Site Drainage Yes Fair-Poor Install storm drains 2027 25,000 7 Walkway Yes Good-Fair Repair & Maintain
Repair 2025; maintain
2026-2035 11,000 8
Estimated Budget 554000
Note: Cost for budget allocations are based on rehabilitation/ construction estimates provided by building contractors Sandhya Sood, Principal

STRUCTURAL STRENGTHENING & REPAIR

EXTERIOR

EXTERIOR REHABILITATION SCHEDULE

MILLS ACT
accent architecture+design
[email protected]
510-541-88456/14/2024

NOTES FOR EXTERIOR REHABILITATION PLAN: 60, PANORAMIC WAY, BERKELEY CA 94704 Date: 06/14/2024; Coordinate notes and work with drawings, specifications, engineers/architect/owners and contractors as necessary.

1. Wood Shingle Siding: Repair shingles in very poor condition with a plan to replace all shingles at the same time to allow for consistency in natural appearance.

To replace shingles, remove electrical, plumbing conduits currently attached to exterior of shingles. Remove and replace plywood. Relocate electrical and plumbing pipes inside the wall as feasible. Install natural wood shingles with thin, matching color nails, followed by waterproof stain, keeping color and finish consistent on all walls. Maintain waterproof coating by reapplying at regular intervals to extend life of exterior natural wood siding.

2. Wood Windows: Replace cracked and broken glass panes with new single pane glass, to match existing.

3. Roofing, Flashing & Drainage Assemblies: Install composite roofing, gutters and downspouts after reviewing roof load. Inspect clinker brick chimney for structural integrity. Install sheathing /roof decking for structural reinforcement, as required. Attach new gutters to downspouts that lead to storm drains.

4. Painting & Finishing: Sand and repair wood sills, fascia, trim, aprons, extended rafters, beams and all previously painted exterior wood elements. Refinish wood steps, balusters, railings and posts at wood stair. Repair or replace damaged wood. Apply new paint.

5. Foundation: Review structural loads to identify areas of foundation that require strengthening. Continue work on strengthening inadequate foundations.

Replace existing foundation at front (west) and on (north) side, where it wraps from the front and shows cracks. Add new foundation under south side of house.

Provide drainage for water to flow away from foundation and house exterior. Add wood blocking under first floor structure. Remove trees that threaten structural integrity of building/retaining walls. Repair or replace and reinforce wood posts at rear of building. Wood posts clad in wood shingles supporting the cantilevered portion of the house at the rear (photo on page number 22 of the LPO report) to be repaired, and dry rot removed, to sustain the structural integrity of the historic building. Remove wood box planters adjacent to these posts to avoid water infiltration.

6. Retaining Walls: Replace inadequate retaining wall on south edge of site, currently located under the concrete walkway adjacent to the bay window. New retaining wall to support exterior wall along south aspect of house. Add new reinforced concrete retaining wall and French drain behind south section of Rhyolite stone wall to support section of wall that is leaning and has parted from the stone pilaster.

7. Site Drainage: Continue work on providing drainage for storm water from site run-off. Drain downspouts so as to direct water away from foundations and exterior walls of house. Add French drain behind front (west) section of Rhyolite stone wall for water drainage.

8. Walkways: Repair and maintain brick paved walkways with herringbone pattern at front and rear of the house. Repair uneven concrete walkway ( not historic) at front of house for safety and maintenance of the aesthetic qualities of the historic building.

Sandhya Sood, Principal
accent architecture+design

L ANDMARKS

P RESERVATION

C OMMISSION
Staff Repor t
1947 Center Street, 2nd Fl., Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

FOR COMMISSION AC
TION
AUGUST 1, 2024
60 Panoramic Way – William J. Moore House
Mills Act Contract Application (#LMMA2023-0001) for a residential property and City of Berkeley Landmark.

I. Application Basics
Parties Involved:

Property Owner: Jordan Kanarek and Gabrielle Goldstein
60 Panoramic Way
Berkeley, CA 94704
Historic Consultant: Sandhya Sood, Hist
oric Architect
accent architecture + design
Berkeley, CA
Recommendation: Approve the proposed rehabilitation schedule and r
ecommend favorable action to City Council.

Attachment 4

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 2 of 8

Figure 1: Vicinity Map showing nearby City Landmarks & Districts

Project Site
N

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 3 of 8

Figure 2: Existing Site Conditions – Primary Façade in 2022 (Jordan Kanarek)

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 4 of 8

Figure 3: Existing Site Conditions – North Elevation in 2022 (Jordan Kanarek)

Figure 5: Existing Site Conditions – South and West Elevations in 2022 (Jordan Kanarek)

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 5 of 8

II. Background

The residence at 60 Panoramic Way was constructed in 1913 for owner William J.

Moore by designer/builder Henry Rowe. The main residence is a two-and-a-half story Craftsman-style residence, specifically in the First Bay Tradition idiom. The most prominent character-defining feature of the building are the natural brown wood shingles that clad all of the exterior elevations. The building is capped with a front gable roof, with overhanging eaves that feature exposed rafter tails. The fenestration on the primary (front) façade features two, three-part bay windows (upper floor) over three double-hung windows (main floor) over two double hung windows (basement). The windows are typically made of wood, and most feature a multi-part divided lite sash over an undivided lite sash. As the house is elevated from the street level, the entry to the residence is located up a stone staircase that leads to a wooden staircase and within a recessed wooden porch entry. The front door is a single panel, solid (with inset panel detail) painted wood door with two diamond-paned leaded glass windows on either side (non-original). A clinker brick chimney pierces through the middle of the roof ridge.

The other contributing structure on the site is the stone retaining wall which serves as a perimeter barrier at the front and eastern side property lines leading up to the residence.

The wall is approximately four feet in height and is made of local volcanic rhyolite. Further architectural details can be found in Attachment 1a.

The subject property is including the Panoramic Hill National Register Historic District and was designated as a Structure of Merit by the Landmarks Preservation Commission on July 6, 2023; see the Notice of Decision in Attachment 1b of this report.

A Mills Act application was submitted by the property owner on May 15, 2023, prior to local register designation. After receiving staff’s feedback on the initial submittal, the property owner submitted a revised Mills Act Contract Application for this City Landmark property on June 15, 2024, that was prepared in consultation with a qualified historic consultant, accent architecture + design [sic].

III. Issues and Analysis

The applicant’s historic architect, who is also serving as the historic resource consultant, prepared the Mills Act submittal in line with the City’s program requirements.

The Mills Act application includes the following components:
1) A Historic Architectural Summary for the subject property (Attachment 1a), which includes the list of Character-Defining Features of the William J. Moore House. 2) A financial analysis spreadsheet (Attachment 1c) for estimating the potential Mills Act tax savings for this request, based on property-specific figures calculated using standard formulas; and

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 6 of 8

3) A n Exterior Rehabilitation Schedule (Attachment 1d), which outlines the projects identified for restoration, rehabilitation, and maintenance of the property over the ten- year contract period.

The purpose of this review is to confirm the eligibility of the property to participate in the program and verify the validity of the identified work plan items. Should the City enter into a Mills Act Contract with the property owner, the Alameda County Assessor’s Office will be responsible for verifying the figures provided by the applicant, conducting calculations, and applying actual property tax reductions on future tax bills beginning in 2025.

All improvements included in the Rehabilitation Plan (Attachment 1d) relate to restoring the historic, character defining features of the building and site, or extending the Structure of Merit’s useful life. Based on the rehabilitation plan included in the Mills Act application (Attachment 1d), all of the proposed work items can be considered “ordinary maintenance and repair” since they do not include a change to the character of any of the exterior features, and therefore, would be exempt from the requirements of a Structural Alteration Permit (SAP), pursuant to the Landmarks Preservation Ordinance (Berkeley Municipal Code Section 3.24.260). If any future work is proposed to go beyond the scope of “ordinary maintenance and repair,” it would be subject to prior approval by the Commission.

The work plan items are justifiable in that they constitute restoration, repair, rehabilitation and continued maintenance of the subject property. Further, the work plan will provide for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance,” as provided for in the Mills Act, Government Code Sections 50280 et. Seq., as authorized by the Berkeley City Council per Resolution No. 59,355 – N.S. For these reasons, staff concludes that the proposed work plan items represent improvements that are consistent with the requirements of the Mills Act.

IV. Mills Act Contract Proposal

The intent of the Mills Act is to provide property tax relief so that the property owners entering into Mills Act Contracts with the City will reinvest a significant portion of the property tax savings resulting from the Contract into preserving and/or restoring their property. The applicant’s proposed 10-year plan of improvements is provided in Attachment 1d, and summarized in Table 1 below.

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 7 of 8

Table 1. Summary of Rehabilitation Schedule & Recommended Treatments

Location Feature Recommended Treatment
Estimated
Year of
completion
Exterior
Wood Shingle Siding
Repair 2026
Replace segments as needed 2031
Wood Windows
Repair & replace glazing 2025
Maintenance 2026-2035
Roofing, Flashing
Drainage Assemblies Replace 2028
Painting and Finishing Repair & paint 2025
Structural
Strengthening
& Repair
Foundation
Repair 2025

Replace 2031
Wood Posts Repair & replace portions as
needed 2026
Site
Retaining Walls
(rhyolite and concrete)
Repair portions as needed 2025
Strengthen (remaining portions) 2030
Site Drainage Install storm drains 2027
Walkway
Repair & replace as needed 2025
Maintenance 2026-2035

Per the applicant’s calculations in Attachment 1c, the owner’s work plan represents a full reinvestment of the savings into the property (i.e. spending $554,000 on the 10-year work plan, while saving $304,369 in property tax reduction over the 10-year period).

V. Recommendation

Staff has determined that all work proposed in the Mills Act Contract work plan provides for the propert y’s “use, maintenance and restoration as to retain its characteristics as property of historical significance”, and advises the Commission to recommend that City Council approve the Mills Act Contract request for the subject property.

LANDMARKS PRESERVATION COMMISSION 60 PANORAMIC WAY
August 1, 2024 Page 8 of 8

Attachments:

1. Mills Act Application for 60 Panoramic Way, dated June 14, 2024, including:
a) Historic Architectural Summary by accent architecture + design b) Notice of Decision – Structure of Merit designation for 60 Panoramic Way #LMIN2023-0001, date effective November 15, 2023
c) Mills Act Application for 60 Panoramic Way – Financial Analysis Spreadsheet, dated June 14, 2024
d) Mills Act Application for 60 Panoramic Way – Rehabilitation Plan and Notes, dated June 14, 2024

Prepared by: Reina Kapadia, AICP, Senior Planner; [email protected] (510) 981-7485 Reviewed by: Fatema Crane, Principal Planner/LPC Secretary; [email protected] (510) 981-7410

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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Mills Act Contract – 7 Greenwood Common

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 7 Greenwood Common.

FISCAL IMPACTS OF RECOMMENDATION
Approving the Mills Act contract for the City Landmark property at 7 Greenwood Common would reduce the property tax bills for the owners by approximately $23,800 in year one, about 30% of which ($7,100) would be diverted from Berkeley’s tax revenue.

Final amounts are determined by Alameda County after contract execution. This will be an annual impact to the City’s tax revenue, as the contract runs for ten years, in comparable annual amounts, and automatically renews annually thereafter unless notice of nonrenewal is given. In turn, the work plan commits the owners to spending the anticipated tax savings on restoring the landmarked property. The Mills Act also specifies procedures for cancellation of the contract for a breach of conditions.

Council approval will allow property tax reduction for this property to begin in the 2025- 2026 fiscal year.

CURRENT SITUATION AND ITS EFFECTS
On March 19, 1990, the property at 7 Greenwood Common was designated as a City of Berkeley Landmark, making the property owner eligible to take advantage of the Mills Act (see Attachment 2).

On August 1, 2024, the Landmarks Preservation Commission (LPC) reviewed the proposal by the present owner, Edith Hofmeister, Trustee of the Edith M. Hofmeister Trust, to enter into a Mills Act contract for 7 Greenwood Common, including a proposed scope of work and maintenance schedule, and voted 6-0-0-2 to recommend approval of the Mills Act Contract application to City Council (Moved/Second Crandall/Enchill; Yes:

Enchill, Finacom, Crandall, Twu, Montgomery, Orbuch; No: none; Abstain: none;

Absent: Leuschner, Schwartz).

Mills Act Contract – 7 Greenwood Common CONSENT CALENDAR September 10, 2024

BACKGROUND
The Mills Act allows owners of historic properties to voluntarily enter into individual contracts with the City, in order to obtain limited ad valorem tax relief at the discretion of host jurisdictions, in exchange for maintaining and restoring their historic property. The property tax savings are offered to create an incentive for owners to maintain their historic properties, to designate historic properties that are currently not protected, and to purchase and upgrade already dilapidated historic properties.

In Berkeley, owners of those properties designated by the LPC as either a Landmark or a Structure of Merit may apply for a Mills Act contract. The Alameda County Assessor uses a formula, consistent with the provisions of the Mills Act, to determine the amount of property tax reduction, which applies a capitalization rate to the calculated net operating income for the property under the Mills Act contract. The Mills Act application includes a ten-year work plan to restore and maintain the subject property. The total investment in the work plan is intended to equal or exceed the total amount of the property tax relief over the contract period.

On February 24, 1998, the Berkeley City Council passed Resolution No. 59,355-N.S., which authorizes the local use of the Mills Act of 1972, as amended, which is codified in California Government Code Section 50280-90 and Revenue and Taxation Code Section 439.

In 2011, State law was amended to include more specific requirements regarding inspection, fees, and cancellation. The amendments clarified that the local legislative body may require fees for providing services pursuant to the Mills Act; shall inspect the property prior to a new agreement and then every five years thereafter; and shall cancel the contract if it determines that the owner has breached the conditions of the contract.

As a result of these amendments, Land Use Planning fees for the approval and monitoring of these contracts were added in July 2012, and an ongoing inspection program is in place.

RATIONALE FOR RECOMMENDATION
In order to qualify for Mills Act consideration, 1) the property must qualify as historic; 2) the contract must adequately meet the requirements for Mills Act contracts; and 3) the type of improvements outlined in the work plan must meet the City standards, which require that tax savings be used according to the rules and regulations outlined in the Act.

The property located at 7 Greenwood Common is eligible for the Mills Act contract because it is a Berkeley Landmark.

The contract template has been reviewed by the
City Attorney's Office for conformance to all relevant City and State regulations.

Finally, the contract includes a comprehensive work plan that the property owner has agreed to complete within the first ten-year contract period (see Attachment 3) and that provides for the property “use, maintenance and restoration as to retain its

Mills Act Contract – 7 Greenwood Common CONSENT CALENDAR September 10, 2024

characteristics as property of historical significance.” The LPC has concluded that the proposed work plan meets the standards adopted by the City Council, and the costs of the proposed improvements are anticipated to equal or exceed the tax savings afforded the owners.

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Approval of the contract would encourage historic resource rehabilitation, materials conservation, and construction and demolition waste diversion.

ALTERNATIVE ACTIONS CONSIDERED
The Council could deny the application if it found that it did not satisfy the requirements of the Act.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 Fatema Crane, Principal Planner/LPC Secretary, 510-981-7413 Attachments:

1. Draft City Council Resolution

2. Notice of Decision, Landmark Designation for 7 Greenwood Common, dated March 19, 1990

3. Exterior Rehabilitation Schedule, dated May 31, 2024

4. LPC Staff Report August 1, 2024

Attachment 1
RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE CITY MANAGER TO EXECUTE A MILLS ACT CONTRACT AND ANY NECESSARY AMENDMENTS WITH EDITH M. HOFMEISTER, TRUSTEE, OF THE EDITH M. HOFMEISTER TRUST, FOR THE MAINTENANCE AND RESTORATION OF A HISTORIC PROPERTY LOCATED AT 7 GREENWOOD COMMON, IN RETURN

FOR THE OWNER TO OBTAIN A PROPERTY TAX REDUCTION
WHEREAS, on February 24, 1998, the Berkeley City Council adopted Resolution No. 59,355-N.S. which authorized the use of Mills Act contracts; and WHEREAS, on March 19, 1990, 7 Greenwood Common was designated as a City of Berkeley Landmark, which renders it eligible to take advantage of the Mills Act; and WHEREAS, on August 1, 2024, the Landmarks Preservation Commission reviewed the proposed projects listed in the Mills Act Contract Application for 7 Greenwood Common, and recommended that the City Council enter into a Mills Act contract with the property owner; and
WHEREAS, the City of Berkeley Mills Act program requires each contract to be approved by the City Council and signed by the City Manager; and WHEREAS, the City Council, in light of all evidence, finds that the contract is consistent with the purposes of the Mills Act program.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Manager is authorized and directed to execute a Mills Act Contract and any necessary amendments with Edith M. Hofmeister, Trustee of the Edith M. Hofmeister Trust for the maintenance and restoration of the historic property located at 7 Greenwood Common and in return offer a property tax reduction for a period of at least ten years, with a recorded copy of such contract and amendments to be on file in the Office of the City Clerk and Alameda County Clerk- Recorder.

Attachment 2

MILLS ACT

EXTERIOR REHABILITATION SCHEDULE
7 GREENWOOD COMMON, BERKELEY
05/31/2024 - P1-1
Character
Defining?
Condition Recommended Treatment Schedule Budgets Notes
A. Concrete building structure at
rearward/downhill foundation
Yes Fair Repair and replacement including
leveling of floor above
2031 $87,500 a
B. Wood deck and guardrails at
southwest corner and rear
Yes Fair-poor Repair and replacement of
deteriorated wood deck
structure, replacement of wood
decking and guardrails similar to
existing
2026 $70,000 b
C. Fixed glass and casement wood
sash windows with flat wood trims
and sills
Yes Fair-poor Replace 7 windows at upper west
side to match existing
2031 $43,200 c
D. Sliding metal patio doors at rear
deck
Yes -
altered
Fair Replace sliding doors at Dining
Room with new high quality doors
2026 $18,940 c
Subtotal: $219,640
E. Gravel path to entry gates at
carport
Yes -
altered
Fair Replace gravel at entry path with
new brick
2026 $9,600 d
F. Wood and lattice entry gates Yes -
altered
Poor Replace entry gates with new
wood gates
2026 $2,900 d
G. Exposed aggregate concrete
steps and walk at entry way
Yes Replace exposed aggregate
concrete at covered walk with
new to match
2026 $17,765 d
Subtotal: $30,265
Feature
Carport & Entry Way:

House Exterior:

Attachment 3

MILLS ACT

EXTERIOR REHABILITATION SCHEDULE
7 GREENWOOD COMMON, BERKELEY
05/31/2024 - P1-2
H. Perimeter wood fencing, board
and batten
Yes Replace wood fence at front
(east) similar to original
2026 $6,650 d
I. Upper yard ground covering and
trees/plants
Yes -
altered
Replace ground cover and
plantings at upper area similar to
original
2026 $9,385 d
J. Brick garden paving, parquet
pattern, framing planting beds on
grade
Yes Remove, repair grade and
reinstall brick pavers and steps,
including new wood steps to
match
2026 $13,200 d
Subtotal: $29,235
$279,140

1. 2.

3. a.
b.
c.
d.

Carport and landscape rehabilitation per Zamora Eco Landscapes, Inc. - dated 5/30/2024.

REHAB NOTES:

GENERAL NOTES:

This proposed 10 year work plan is focused on the rehabilitation of the exterior house, carport and landscape.

The proposed work plan is commensurate with the estimated Mills Act tax reduction per the accompanying Spreadsheet.

This focused work plan represents only a portion of current and future rehabilitation work.

Landscape:

Total Estimated 10yr. Budget =
Required structural repairs per SDC Structural Engineering report - dated Dec. 2022.

Replacement deck per Eric Ashkenos Construction - dated May 2024.

Replacement windows and doors per Anderson Windows - dated 5/23/24.

L ANDMARKS

P RESERVATION

C OMMISSION
Staff Repor t
1947 Center Street, 2nd Fl., Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

FOR COMMISSION AC
TION
AUGUST 1, 2024
7 Greenwood Common
Mills Act Contract Application (#LM
MA2024-0002) for a City of Berkeley
Landmark residential property.

I. Application Basics
Property Owner: Edie Hofmeister
7 Greenwood Common
Ber
keley, CA 94708
Historic Architect & Cons
ultant: Mark Hulbert, Architect
Preservation Ar
chitecture
446 17th Street, #302
Oakland, CA 94612
Recommendation: Approve the proposed rehabilitation schedule and r
ecommend favorable action to City
Council.

ITEM #9
LPC 2024-08-01

Attachment 4

LANDMARKS PRESERVATION COMMISSION 7 GREENWOOD COMMON
August 1, 2024 Page 2 of 7

Figure 1: Vicinity Map showing nearby City Landmarks & Districts

Project Site
N
ITEM #9
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LANDMARKS PRESERVATION COMMISSION 7 GREENWOOD COMMON
August 1, 2024 Page 3 of 7

Figure 2: Existing Site Conditions – 7 Greenwood Common as seen from Greenwood Common, looking northwest (Preservation Architecture, 2024)

Figure 3: Existing Site Conditions – East and South Elevations, and Southeast Yard (Preservation Architecture, 2024)

ITEM #9
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LANDMARKS PRESERVATION COMMISSION 7 GREENWOOD COMMON
August 1, 2024 Page 4 of 7

II. Background

The subject property is located within the Greenwood Common neighborhood, which consists of eight single-family residences oriented around a common/shared green space, perched atop a hillside with sweeping views of the San Francisco Bay to the west. This mid-century era development is recognized as the most significant and integrated example of the Second Bay Tradition design philosophy (blending the landscape and architecture) in the City of Berkeley and served as a prototype for this design movement in the Bay Area and the state.

The subject property at number 7 Greenwood Common, in its own layered history, is associated with numerous master architects and prominent figures of Modernism, according to the Historical Architectural Summary in Attachment 1 as chronicled below:
• A small residential building was believed to have been built on the project site c.1930, predating the Greenwood Common development;
• In 1940, world-renowned Modernist architect Rudolph Schindler completed additions and alterations to the existing building for owners Alexander Sasha Kaun and Val Kaun, giving it its basic modern identity;
• Subsequently, UC Berkeley academic couple and notable designers William Wurster and Catherine Bauer Wurster owned the 2.5-acre property at large, and resided in no. 7 from 1950-1953 while developing plans for the eventual Greenwood Common.

The Bauer-Wursters competed small architectural changes to number 7; • In 1953, the Bauer-Wursters deeded the property to Morley Baer, a leading architectural photographer of the time, and his wife Frances Baer, an artist in her own right. The Baers added on to the property at no. 7 with a front and south side additions, designed by eminent Modern architect Henry Hill. The Baers also hired Lawrence Halprin, pre-eminent Mid-Century landscape architect, and the landscape designer of the Common itself, to design their private garden at the southeast corner, a carport and entryway at the northeast, and the desk at the southwest side of the residence (which retain their integrity).
• In 1961, the Baers had architect Harry W. Namitz added a second story bedroom and deck addition to the residence, marking the completion of its Modernist identity. • Later small alterations (1984 and 1988) were also carefully designed by architects and do not adversely impact the property’s significance.

Further details can be found in Attachment 1, which identifies the Period of Significance for 7 Greenwood Common as 1940-1972.

The subject property, along with a number of other residences on Greenwood Common, was designated as a City landmark in 1990; see the Landmark Designation Record included in Attachment 4 of this report.

On June 6, 2024, the applicant, on behalf of the property owners, submitted a Mills Act Contract Application for this City Landmark property.

ITEM #9
LPC 2024-08-01

LANDMARKS PRESERVATION COMMISSION 7 GREENWOOD COMMON
August 1, 2024 Page 5 of 7

III. Issues and Analysis

The applicant’s historic architect, who is also serving as the historic resource consultant, prepared the Mills Act submittal in line with the City’s program requirements.

The Mills Act application includes the following components:
1) Historic Architectural Summary for the subject property (Attachment 1), which including a summary of character-defining features.
2) A n Exterior Rehabilitation Schedule (Attachment 2), which outlines the projects identified for restoration, rehabilitation, and maintenance of the property over the ten- year contract period; and
3) A financial analysis spreadsheet (Attachment 3) for estimating the potential Mills Act tax savings for this request, based on property-specific figures calculated using standard formulas.

This purpose of this review is to confirm the eligibility of the property to participate in the program and verify the validity of the identified work plan items. Should the City enter into a Mills Act Contract with the property owner, the Alameda County Assessor’s Office will be responsible for verifying the figures provided by the applicant, conducting calculations, and applying actual property tax reductions on future tax bills beginning in 2025.

All improvements included in the Rehabilitation Plan (Attachment 2) relate to restoring the historic, character defining features of the building and site, or extending the Landmark’s useful life. All of the proposed work items included in the Mills Act Application (Attachment 2) can be considered “ordinary maintenance and repair” because the activities would restore existing features and do not include changes to the character of any of the exterior features. Many of the work items relate to restoring various eras of significance in the evolution of the property, as chronicled under the “Background” section of this report, including a restoration of the original surviving Lawrence Halprin landscape and hardscaped yard. All of the work proposed would be exempt from the requirements of a Structural Alteration Permit (SAP), pursuant to the Landmarks Preservation Ordinance (Berkeley Municipal Code Section 3.24.260). If any future work is proposed to go beyond the scope of “ordinary maintenance and repair,” then it would be subject to prior approval by the Commission.

The work plan items are justifiable in that they constitute restoration, repair, rehabilitation and continued maintenance of the subject property. Further, the work plan will provide for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance,” as provided for in the Mills Act, Government Code Sections 50280 et. Seq., as authorized by the Berkeley City Council per Resolution No. 59,355 – N.S. For these reasons, staff concludes that the proposed work plan items represent improvements that are consistent with the requirements of the Mills Act.

ITEM #9
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LANDMARKS PRESERVATION COMMISSION 7 GREENWOOD COMMON
August 1, 2024 Page 6 of 7

IV. Mills Act Contract Proposal

The intent of the Mills Act is to provide property tax relief so that the property owners entering into Mills Act Contracts with the City will reinvest a significant portion of the property tax savings resulting from the Contract into preserving and/or restoring their property. The applicant’s proposed 10-year plan of improvements is provided in Attachment 2, and summarized in Table 1 below.

Table 1. Summary of Rehabilitation Schedule & Recommended Treatments

Area of
Work Feature Recommended Treatment
Estimated
Year of
Completion
Landscape
Perimeter wood fencing, board
and batten
Replace wood fence at front
(east) similar to original 2026
Upper yard ground covering,
trees and plants
Replace ground cover and
plantings at upper area similar to
original
2026
Brick garden paving, parquet
pattern, framing planting beds on
grade
Remove, repair grade and
reinstall brick pavers and steps,
including new wood steps to
match
2026
Carport &
Entryway
Gravel path to entry gates at
carport
Replace gravel at entry path with
new brick 2026
Wood and lattice entry gates Replace entry gates with new wood gates 2026
Exposed aggregate concrete
steps and walk at entry way
Replace exposed aggregate
concrete at covered walk with
new to match
2026
House
Exterior
Wood deck and guardrails at
southwest corner and rear
Repair and replace
deteriorated wood deck
structure, replace wood
decking and guardrails similar to
existing
2026
Sliding metal patio doors at rear
deck
Replace sliding doors at Dining
Room with new upgraded doors 2026
Concrete building structure at
rearward/downhill foundation
Repair and replace, including
leveling of floor above 2031
Fixed glass and casement wood
sash windows with flat wood trims
and sills
Replace seven windows at upper west
side to match existing 2031

Per the applicant’s calculations in Attachment 3, the owner’s work plan represents a full reinvestment of the savings into the property (i.e. spending $279,140 on the 10-year work plan, while saving $264,381 in property tax reduction over the 10-year period).

ITEM #9
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LANDMARKS PRESERVATION COMMISSION 7 GREENWOOD COMMON
August 1, 2024 Page 7 of 7

V. Recommendation

Staff has determined that all work proposed in the Mills Act Contract work plan provides for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance”, and advises the Commission to recommend that City Council approve the Mills Act Contract request for the subject property.

Attachments:

1. Mills Act Application for 7 Greenwood Common – Historic Architectural Summary, dated May 31, 2024

2. Mills Act Application for 7 Greenwood Common – Exterior Rehabilitation Schedule, dated May 31, 2024

3. Mills Act Application for 7 Greenwood Common – Financial Analysis Spreadsheet, dated May 31, 2024

4. Notice of Decision – Landmark Designation, March 19, 1990

Prepared by: Reina Kapadia, AICP, Senior Planner; [email protected] (510) 981-7485 Reviewed by: Fatema Crane, Principal Planner/LPC Secretary; fc [email protected] (510) 981-7410

ITEM #9
LPC 2024-08-01

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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jennifer A. Louis, Chief of Police
Subject: Donation: Fusako Castro Estate to the Berkeley Police Department

RECOMMENDATION
Adopt a Resolution accepting a donation in the amount of $1,125.42 from the Fusako Castro Estate to the Berkeley Police Department.

FISCAL IMPACTS OF RECOMMENDATION
The donation will be deposited into the Police Department’s budget code 011-71-701- 801-0000-000-000-481110-. The funds will be used to support community engagement efforts. The donation will be appropriated as part of the Second Amendment to the FY 2025 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Ms. Fusako Castro, a resident of Berkeley, California, passed away in May 2016 and named the Berkeley Police Department as one of the designated beneficiaries of her estate. It has been determined by the Executor of the estate that $1,125.42 should be donated to the Berkeley Police Department.

BACKGROUND
The City’s Open Government Ordinance requires City Council disclosure and approval of any gift to the City in excess of $1,000.00 (BMC Section 2.06.150, Ord. 7,166-N.S.).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental factors.

RATIONALE FOR RECOMMENDATION
The donation allows the Berkeley Police Department to support community engagement efforts.

CONTACT PERSON
Jennifer A. Louis, Chief of Police, (510) 981-5700
Attachments:
1: Resolution

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

DONATION: FUSAKO CASTRO ESTATE TO THE BERKELEY POLICE

DEPARTMENT
WHEREAS, the City’s Open Government Ordinance requires City Council disclosure and approval of any gift to the City in excess of $1,000.00 (BMC Section 2.06.150, Ord. 7,166- N.S.); and
WHEREAS, Ms. Fusako Castro named the Berkeley Police Department as a beneficiary of her estate; and
WHEREAS, the donation will be deposited into the Police Department revenue budget code of 011-71-701-801-0000-000-000-481110-.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the gift of $1,125.42 from the Castro Estate to the Berkeley Police Department be accepted.

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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jennifer Louis, Chief of Police
David Sprague, Fire Chief
Subject: Contract: All-Star Talent for Recruiting, Advertising, and Marketing Strategy for the Berkeley Police and Fire Departments

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with All-Star Talent for public safety recruiting and retention services from June 1, 2024 through May 30, 2028 and a not to exceed $1,313,482 with an option to extend for two additional two-year periods.

FISCAL IMPACTS OF RECOMMENDATION
Funds for this contract will be allocated from the police department’s General Fund budget, from the fire departments General Fund, Measure FF and from UC settlement funds.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Fire Department is responsible for providing fire suppression, emergency medical, hazardous materials and technical rescue response services to the community inclusive of the UC Campus. The Department is challenged with a call volume that continues to rapidly increase, rising 1,000 calls or 6% in 2023 alone. This challenge is exacerbated by the most challenging period the fire service has faced in modern history with regard to recruitment. The Department has been experiencing a vacancy rate hovering around 20% for several years and has struggled to hire and retain qualified candidates. This has resulted in a spike in forced extra overtime for current employees that has ballooned to over 300% of normal. Such a high degree of extra work exacerbates mental and physical fatigue and has caused a spike in injuries and employees on leave, further exacerbating the base condition. Having adequate staffing directly impacts the quality of service that the Department is capable of providing to the community.

The Berkeley Police Department is experiencing a critical challenge that is confronting law enforcement agencies nationwide: attracting and retaining a qualified and diverse

Contract: All-Star Talent for Recruiting for the Berkeley Police and Fire CONSENT CALENDAR Departments September 10, 2024

workforce. This challenge is complex, arising from multiple factors that contribute to the current difficulties in law enforcement recruitment and retention.

A key obstacle is the shifting societal expectations for law enforcement officers. Today, the role of a police officer is not only about traditional policing skills but also requires significant emotional intelligence, community engagement, and an understanding of complex social dynamics. These expanded expectations have made the job more demanding, narrowing the pool of individuals both interested in and qualified for the profession under these new criteria.

Furthermore, the competitive landscape for recruiting qualified candidates has become more intense. Those with the desired blend of skills, integrity, and dedication are in demand across various sectors, often with more attractive compensation, benefits, and perceived work-life balance than what the public sector can offer. This makes it challenging for police departments to compete with private sector opportunities.

Finally, traditional recruitment methods are failing to attract a diverse and qualified pool of candidates. Reliance on in-person recruitment events, for instance, may not be as effective in an era dominated by digital platforms and social media, which are crucial for information sharing and networking.

BACKGROUND
For the past four years, the Police Department has worked with a professional firm dedicated to marketing and recruiting law enforcement applicants, with a specific budget allocated for this purpose. Ongoing efforts to evaluate and improve how we attract and maintain connections with applicants have led us to recognize the need for enhanced strategies in today's competitive market.

During that same time period the Fire Department has pieced together a recruitment program using various contractors and in-house talent. While there were some good gains made in terms of social media presence and reach to candidates, the model is complicated, non-centralized and requires a great deal of staff time to coordinate.

Through a joint fire and police evaluation, All-Star Talent has emerged as a promising option to help us achieve our recruiting and retention goals. All-Star Talent offers unique advantages and services which will be crucial for improving recruitment efforts.

All-Star Talent employs a combination of engineering, data science, and specialized strategies for recruitment. Their methods, driven by both technical and strategic insights, are designed to meet the specific needs of recruiting and retaining personnel. By working with federal, state, and local agencies, All-Star Talent provides insights into effective recruitment strategies and identifies opportunities for innovation.

Contract: All-Star Talent for Recruiting for the Berkeley Police and Fire CONSENT CALENDAR Departments September 10, 2024

The organization's partnerships with public safety organizations and their proprietary methods for developing talent brands are significant. Specifically, their collaboration with The National Association of Women Law Enforcement Executives (NAWLEE) and the support for the 30X30 Initiative aim to increase the representation and experiences of women in law enforcement, contributing to a diverse and skilled workforce.

All-Star Talent's use of advanced tracking technologies and interactive communication platforms, such as email, text messaging, and drip campaigns, establishes meaningful connections with candidates and supports them throughout the hiring process. Their comprehensive recruitment strategies are designed not only to meet immediate staffing needs but also to build a long-term pipeline of law enforcement professionals.

The services offered by All-Star Talent, including the maintenance of a recruitment landing page with professional graphic design, the implementation of an advanced lead relationship management system, and the oversight of advertising campaigns on social media and Google platforms, are tailored to enhance engagement with potential candidates. Additionally, the management of the Department's Indeed profiles and the provision of a monthly license for a candidate relationship management system allow for extensive direct engagement with candidates.

Regular meetings with recruitment leadership, custom digital design work for campaigns and initiatives, and the organization of digital career fairs are among the strategies employed to expand the recruitment strategy's reach and effectiveness. All-Star Talent's commitment to adjusting advertising strategies based on performance metrics ensures the optimization of recruitment efforts for maximum impact.

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

RATIONALE FOR RECOMMENDATION
The National Association of State Procurement Officials (NASPO) is a nonprofit organization focused on enhancing public procurement practices through best practices and cooperative purchasing agreements, ensuring ethical, efficient, and cost-effective government acquisitions.

Our selection of All-Star Talent, a member of NASPO's cooperative purchasing program (AR #2490), was driven by their record in exceeding client expectations and delivering high levels of satisfaction. Their specialized expertise in crafting comprehensive recruiting advertising and marketing strategies is well-evidenced by positive feedback from their clientele, underscoring the effectiveness and quality of their services. This choice reflects our commitment to securing the best overall value and solutions that precisely meet our city’s needs.

Contract: All-Star Talent for Recruiting for the Berkeley Police and Fire CONSENT CALENDAR Departments September 10, 2024

ALTERNATIVE ACTIONS CONSIDERED
The Police Department’s contract with the current recruitment vendor lapsed April 30, 2024. All-Star Talent expands on the available level of service and has enhanced data metrics to track our return on investment and adjust to focus on efforts providing the best results. Consequently, unless the departments enter into a new contract, there will be an absence of an external recruitment partner to support hiring efforts. Additionally, it would preclude the police and fire departments from leveraging the innovative services offered by All-Star Talent.

CONTACT PERSON
Melanie Turner, Lieutenant, 510-981-5970
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Resolution

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

CONTRACT: ALL-STAR TALENT FOR RECRUITING, ADVERTISING, AND

MARKETING STRATEGY FOR THE BERKELEY POLICE AND FIRE DEPARTMENTS WHEREAS, the City of Berkeley seeks to implement an effective recruiting advertising and marketing strategy for the Police and Fire Departments; and WHEREAS, the National Association of State Procurement Officials (NASPO) offers access to a portfolio of pre-vetted vendors through its cooperative purchasing program, which facilitates the procurement of high-quality services and goods; and WHEREAS, All-Star Talent is a recognized vendor within the NASPO cooperative purchasing program, Contract #AR2490, known for its expertise in providing comprehensive recruiting advertising and marketing strategies; and WHEREAS, after careful consideration and in alignment with the city’s procurement policies that allow for the use of cooperative agreements for such services, All-Star Talent has been identified as the vendor that best meets the needs of the City of Berkeley.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract and any amendments with All- Star Talent for public safety recruiting and retention services from June 1, 2024 through May 30, 2028 not to exceed $1,313,482 with an option to extend for two additional two- year periods.

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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jennifer A. Louis, Chief of Police
Subject: Revenue Grant: California Office of Traffic Safety (OTS) for the 2025 “Selective Traffic Enforcement Program (STEP) Grant

RECOMMENDATION
Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety. This OTS grant is for $255,000 for the period of October 1, 2024 through September 30, 2025, which is Federal Fiscal Year 2025.

FISCAL IMPACTS OF RECOMMENDATION
The total of this project will not exceed $255,000. Grant revenues will be deposited into budget code 309-71-703-812-0000-000-000-431110 to offset expenditures.

Appropriation of the expenditures is being included in the Second Amendment to the FY 2025 Annual Appropriations Ordinance. This grant will fund overtime, benefits, equipment, training costs, and reduce additional General Fund expenditures.

CURRENT SITUATION AND ITS EFFECTS
Securing OTS grant funding is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city.

Currently the Traffic Bureau at the Berkeley Police Department is staffed by one Motor Officer, one Traffic Data Analyst, a Sergeant, and a Lieutenant. Motor officers’ responsibilities include injury-collision investigations and traffic enforcement; however, resources often deplete rapidly due to ancillary duties and personnel shortages in the operations/patrol division. OTS funding builds upon our current traffic safety efforts by allowing patrol and motor officers opportunities to address traffic safety issues-most significantly pedestrian and bicycle safety, distracted and impaired driving- in addition to and outside of their regularly scheduled duties. Additionally, the funds provide opportunities for leadership development and learning in traffic safety and DUI/impaired driving enforcement, and enhance the department's overall mission of public safety.

This grant year’s funding also provides for the replacement of the department’s electronic sign and radar trailer.

Revenue Grant: California Office of Traffic Safety 2025 STEP Grant CONSENT CALENDAR September 10, 2024

BACKGROUND
Office of Traffic Safety (OTS) rankings place the City of Berkeley in the top two for the past seven years in pedestrian and bicycle related injury collisions when compared to sixty other cities with comparable populations. Each year hundreds of people are injured in traffic collisions that occur in the City of Berkeley. Berkeley maintains a high ranking in total fatal and injury collisions, hit and run injury collisions, speed related collisions, nighttime collisions, and motorcycle involved collisions. With assistance from the 2025 Office of Traffic Safety Grant, the department will continue our efforts to reduce the number of community members injured in collisions whether they choose to walk, drive, bike or ride a motorcycle in our city.

In 2021, the City of Berkeley was number two (2/60) for injury collisions involving pedestrians; number one (1/60) for collisions involving bicyclists; number seven (7/60) for collisions involving pedestrians 65+, and fourteenth (14/60) for collisions involving motorcyclists. Based on these statistics and OTS rankings, the City of Berkeley is one of the most dangerous cities in the State of California to be a pedestrian or bicyclist.

Between 2012-2023, there have been thirty-three fatal auto collisions in the City of Berkeley. Sixteen of those involved pedestrians, and four of those sixteen were pedestrians 65+. Five fatal collisions involved a bicyclist, three involved DUI, and two involved a motorcycle.

The OTS Grant and the City Council’s Vision Zero Program have shared ideologies.

BPD’s participation directly supports two of three of Vision Zero’s tenets. BPD’s efforts directly support Public Awareness Education and Traffic Enforcement. Public Awareness through our social media, departmental messaging, and direct contact with the public (in the field and at community meetings) and data-driven enforcement of primary collision factor offenses in areas where they have the highest probability of occurring.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City of Berkeley continues to have one of the highest bicycle and pedestrian usage rates in the County of Alameda and, as a result, there are a large number of bicyclists and pedestrians sharing the roadway with motorists. This grant will support the City of Berkeley's efforts to promote more sustainable forms of transportation, reducing greenhouse gas emissions-with the goal of reducing traffic injuries and fatalities related to all modes of transportation.

RATIONALE FOR RECOMMENDATION
The Police Department requests this funding be approved to enhance our current mission of providing a safer environment for pedestrians, bicyclists, motorcyclists, and motorists on all City of Berkeley roadways and highways.

Revenue Grant: California Office of Traffic Safety 2025 STEP Grant CONSENT CALENDAR September 10, 2024

ALTERNATIVE ACTIONS CONSIDERED
The California Office of Traffic Safety currently provides the only known grant funding specific to traffic enforcement and related education. Not accepting this OTS grant would require additional overtime expenditures from General Fund resources or could result in a decrease in the overall safety of the citizens of Berkeley

CONTACT PERSON
Ben Cardoza, Berkeley Police Traffic Bureau, (510) 981-5982 Attachments:
1: Resolution

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

REVENUE GRANT: 2025 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)

GRANT FROM THE OFFICE OF TRAFFIC SAFETY
WHEREAS, the Police Department is committed to providing a safe and secure environment through law enforcement within the City of Berkeley; and WHEREAS, the Office of Traffic Safety (OTS) has made grant funding available to the Police Department to assist them in their mission of increasing traffic safety; and WHEREAS, this grant will provide funding to support efforts to reduce injury and fatal collisions involving pedestrians, bicyclists, motorcyclists, and motorists on all City of Berkeley roadways and highways; and
WHEREAS, grant revenues will be deposited into budget code 309-71-703-812-0000- 000-000-431110, in the DUI Enforcement Education Program Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Chief of Police is authorized to accept the 2025 Selective Traffic Enforcement Program (STEP) Grant and enter into the resultant grant agreement and any amendments, with the Office of Traffic Safety (OTS) to fund increased levels of impaired or distracted driving enforcement, nighttime seatbelt enforcement, motorcycle safety enforcement, and educational programs regarding bicycle and pedestrian collisions in the amount of $255,000 for the period of October 1, 2024 to September 30, 2025.

Disaster and Fire Safety 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://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: Weldon Bradstreet, Chairperson, Disaster and Fire Safety Commission Subject: Recommendation Regarding Panoramic Hill Secondary Evacuation

RECOMMENDATION
Adopt a Resolution approving the development of a plan that includes a feasibility study and identification of funding sources for the construction of an emergency secondary egress road on Panoramic Hill. Such a plan could include discussions between the City of Berkeley, the City of Oakland, UC Berkeley, East Bay Regional Parks District and Alameda County and should also provide for continued contact with the Disaster and Fire Safety Commission (DFSC) as well as other related Berkeley Commissions as the Council determines.

POLICY COMMITTEE RECOMMENDATION
On July 15, 2024, the Public Safety Committee adopted the following action: M/S/C (Taplin/Bartlett) to send the Commission item and the City Manager Companion Report to Council, and giving a positive recommendation to the City Manager Companion Report for City Council to adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
The full fiscal impacts of constructing a secondary access/egress route are yet unknown and will need to be researched following the completion of a feasibility study. The Fire Chief has indicated that Berkeley’s portion of a feasibility study should be able to be funded through existing Department funds.

CURRENT SITUATION AND ITS EFFECTS
The difficulty of providing both fire/emergency services to Panoramic Hill and evacuation of residents has been well known for more than 70 years. In 1959, an emergency secondary access road was constructed which allowed only emergency vehicle access into the area, but not emergency secondary egress for residents to evacuate. In the meantime, development in Berkeley and Oakland has continued and

DFSC Recommendation Regarding Panoramic Hill Secondary Evacuation CONSENT CALENDAR September 10, 2024

the situation for residents has become increasingly serious. The neighborhood is surrounded by wildlands on three sites and by recent Southside upzoning and Memorial Stadium (capacity 63,000) and the Hayward Earthquake Fault at its base. The Panoramic Hill neighborhood is zoned ES – R (Environmental Safety – Residential) the only area in Berkeley so designated. Information regarding the ES – R zone can be found in the Berkeley Municipal Code, Title 23, section 23.202.070. The stated General Purpose of the ES-R District is as follows:

Because of its substandard vehicular access, steep slopes, inadequate water pressure and proximity to the Hayward Fault and vegetated wildlands, the Panoramic Hill area is exceptionally vulnerable to severe damage or destruction from fire and earthquake hazards. Panoramic Hill also includes one of Berkeley’s most architecturally significant residential districts, which is listed in the National Register of Historic Places because of its association with the Arts and Crafts movement of the Bay Area Tradition

BACKGROUND
This is an urgent matter as all current information indicates that wildfires have become more frequent and intense than in previous years. Additionally, we also are hearing that the likelihood of a major earthquake along the Hayward Fault is long overdue. The ES- R zoning of Panoramic Hill officially recognizes the area as having residential development with only one way in and one way out. While the city has recognized this for years, the area’s evacuation problems have not been addressed. Today, Berkeley is the second most dense city on a list of 51 largest cities in the State of California.

Berkeley is exceeded only by San Francisco. We are denser than Los Angeles and San Diego, and further we are uniquely bisected by a major earthquake fault, and have numerous officially designated landside areas and liquefaction zones within a tiny 10 square mile area.

Commission Vote: Vote: Ayes – Katz, Wilson, Kinosian, Dean, Murphy, Bradstreet; Noes – None; Abstain – None

RATIONALE FOR RECOMMENDATION
There is no public transportation, nor is there likely to be any in the future of Panoramic Hill. The problem of evacuation has been recognized in part by enacting street parking restrictions in the area. However, street parking enforcement has always been a problem and enacting further restrictions is not the answer as buildings have been constructed over the years without on-site parking and street parking restrictions have already been enacted. Recently, in response to comments from the State Department of Community Development, new regulations have been approved which allow construction of both an ADU and JADU on each parcel in all High Severity Fire Areas which includes Panoramic Hill. This may change when an evacuation study is completed sometime next year, but if it does, it cannot be undone by retroactively requiring that existing buildings install on-site parking. Consideration of adding more

DFSC Recommendation Regarding Panoramic Hill Secondary Evacuation CONSENT CALENDAR September 10, 2024

street parking restrictions currently simply ignores the serious problems that already exist.

While an emergency apparatus only access road (the Jordon Trail) was constructed many years ago, it is past time to also recognize that no secondary emergency egress road for residents to evacuate the area when needed is a matter of basic public safety.

Such an escape road does not need to be paved with asphalt and have sidewalks and curbs like a city street, Construction of a secondary emergency egress road that saves lives by providing an escape route combined with the existing secondary access road for emergency vehicles benefits not only residents of Panoramic Way, but also all residents of the city by slowing the expansion of potentially catastrophic events and saving lives. For the sake of public safety, we must take action now.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CITY MANAGER
See Companion Report

CONTACT PERSON
Weldon Bradstreet, Chairperson, Disaster and Fire Safety Commission Attachments:
1: Resolution

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

RECOMMENDATION REGARDING PANAROMIC HILL SECONDARY EVACUATION WHEREAS, because of its substandard vehicular access, steep slopes, inadequate water pressure and proximity to the Hayward Fault and vegetated wildlands, the Panoramic Hill area is exceptionally vulnerable to severe damage or destruction from fire and earthquake, and
WHEREAS, Panoramic Hill also includes one of Berkeley’s most architecturally significant residential districts, which is listed in the National Register of Historic Places because of its association with the Arts and Crafts movement of the Bay Area Tradition, and WHEREAS, the difficulty of providing both fire/emergency services to Panoramic Hill and evacuation of residents has been well known for more than 70 years. In 1959, an emergency secondary access road was constructed which allowed only emergency vehicle access into the area, but not emergency secondary egress for residents to evacuate.

WHEREAS, the ES-R zoning of Panoramic Hill officially recognizes the area as having residential development with only one way in and one way out. While the city has recognized this for years, the area’s evacuation problems have not been addressed.

Today, Berkeley is the second most dense city on a list of 51 largest cities in the State of California. Berkeley is exceeded only by San Francisco. We are denser than Los Angeles and San Diego, and further we are uniquely bisected by a major earthquake fault, and have numerous officially designated landside areas and liquefaction zones within a tiny 10 square mile area.; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that approves the development of a plan that includes a feasibility study and identification of funding sources for the construction of an emergency secondary egress road on Panoramic Hill. Such a plan could include discussions between the City of Berkeley, the City of Oakland, UC Berkeley, East Bay Regional Parks District and Alameda County and should also provide for continued contact with the Disaster and Fire Safety Commission (DFSC) as well as other related Berkeley Commissions as the Council determines.

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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Dave Sprague, Fire Chief
Subject: Companion Report: Recommendation Regarding Panoramic Hill Secondary Evacuation

RECOMMENDATION
Adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. The results of the study should then be shared with the Public Safety Policy Committee.

POLICY COMMITTEE RECOMMENDATION
On July 15, 2024, the Public Safety Committee adopted the following action: M/S/C (Taplin/Bartlett) to send the Commission item and the City Manager Companion Report to Council, and giving a positive recommendation to the City Manager Companion Report for City Council to adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
No impact to the General Fund. The study would use funds within the Fire Department’s budget.

CURRENT SITUATION AND ITS EFFECTS
See Disaster and Fire Safety Commission (DFSC) report.

BACKGROUND
See DFSC report.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts that will occur as a result of initiating this study.

Companion Report: DFSC Panoramic Egress/Access Feasibility Study CONSENT CALENDAR September 10, 2024

RATIONALE FOR RECOMMENDATION
Long-Term Solution: A secondary escape and escape route has been contemplated since at least 1959. Today it is a solution that the City should fully investigate in order to determine what impact it could have during an evacuation of – and emergency response to – the Panoramic hill neighborhood in the event of wildfire.

The subsequent design and construction of this road will likely be outside the scope and scale of what available Fire Department funding could support, thus alternate funding strategies would have to be identified.

Determining Feasibility is the First Step: The Fire Department supports the DFSC recommendation to conduct a feasibility study if other impacted landowners are supportive. Determining the overall feasibility and cost of a secondary escape route is the first step and must be completed prior to future action being taken with regard to identification of funding sources for design and construction.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:
1: Resolution
2: Panoramic Hill Area Development and Environmental Resources Study, Summary Report, June 1974
3: Alternate Panoramic Hill Access Routes Map. May 27, 1959

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

DFSC PANORAMIC EGRESS/ACCESS FEASIBILITY STUDY
WHEREAS, a secondary escape and access route has been contemplated since at least 1959, and
WHEREAS, this solution should be fully investigated in order to determine what impact it could have during an evacuation of – and emergency response to – the Panoramic hill neighborhood in the event of wildfire, and
WHEREAS, the Fire Department supports the (Disaster and Fire Safety Commission (DFSC) recommendation to conduct a feasibility study if other impacted landowners are supportive, and
WHEREAS, determining the feasibility and cost of a secondary route is the first step and must be completed prior to future action being taken with regard to identification of funding sources for design and construction.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. The results of the study should then be shared with the Public Safety Policy Committee.

Homeless Services Panel of Experts
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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Homeless Services Panel of Experts
Submitted by: Carole Marasovic, Chair, Homeless Services Panel of Experts Subject: Request for One Additional Meeting in 2024 due to Special Meeting to Address Insight Housing Allocation

RECOMMENDATION
That Council recommend to refer to the City Manager that one additional meeting be granted to the Homeless Services Panel of Experts (HSPE) in 2024.

FISCAL IMPACTS OF RECOMMENDATION
Fiscal impacts of one additional HSPE meeting are minimal. An additional meeting requires a room at the North Berkeley Senior Center and staff secretary time as well as a commissioner stipend.

CURRENT SITUATION AND ITS EFFECTS
Generally, City commissions are permitted 10 regularly scheduled meetings a year.

However, Council may approve additional meetings.

BACKGROUND
On July 10, 2024, the Homeless Services Panel of Experts (HSPE) held their regularly scheduled meeting.

On the agenda was a staff request for a recommendation transferring $549,785 previously allocated for the acquisition of Insight Housing's Russell House to Insight Housing's Dwight Way Shelter for rehab funds.

However, there was no staff report, supporting the staff recommendation, ready for the HSPE commissioners to review. The HSPE commissioners were uncomfortable making a recommendation without full information as they believed that they would not be compliant with fulfilling their statutorily mandated duties.

Thus, as a consensus, they agreed that the Chair should call a special meeting. They further agreed that meeting be scheduled on July 22, 2024 so that there would be time to receive the staff report, review it and communicate their recommendation to Council on July 23, 2024 when the issue of the transfer of these funds was on the Council agenda.

HSPE Request for One Additional Meeting CONSENT CALENDAR September 10, 2024
The Chair subsequently presented to Council the Homeless Services Panel of Experts' recommendation at the July 23, 2024 Council meeting recommending the transfer of these funds.

On July 22, 2024, the Homeless Services Panel of Experts voted as follows:

Action: M/S/C Segal/Meany move to approve the report to City Council to compensate for July 22, 2024 Special meeting so that HSPE can hold regular meetings in September, October, and November, 2024 subject to the edits discussed by the panel to be submitted by the chair.

Vote: Ayes: Marasovic, Segal, Meany, and Bookstein.

Noes: None. Abstain: None. Absent: Palmatier (LoA), Kealoha-Blake, and Jones.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects.

RATIONALE FOR RECOMMENDATION
The HSPE commissioners believed that in order to fulfill their statutorily mandated duties, they need to be fully informed to make recommendations. The staff report making a recommendation to Council is critical for commissioners to review before making a recommendation.

Thus, the HSPE commissioners believed that it was necessary for the Chair to call a special meeting.

During the balance of the year from August, 2024-December, 2024, there are only 3 remaining scheduled meetings, September, October and November. Particularly given the many evolving issues related to homelessness as well as homeless funding issues that may arise, the Homeless Services Panel of Experts believes that they need to hold these regularly scheduled 3 meetings during the balance of 2024. That requires reinstating the 1 additional meaning.

ALTERNATIVE ACTIONS CONSIDERED
No other alternatives were considered.

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

CONTACT PERSON
Josh Jacobs, Homeless Services Coordinator, (510) 225-8035

Parks, Recreation and Waterfront Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6700 ● TDD: (510) 981-6903 ● Fax: (510) 981-6710 E-Mail: [email protected] Website: berkeleyca.gov

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Parks, Recreation and Waterfront Commission
Submitted by: Claudia Kawczynska, Chairperson
Subject: Official Naming of the Concrete Planter at the Southeast Corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden”

RECOMMENDATION
Adopt a Resolution officially naming the concrete planter at the southeast corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden”.

FINANCIAL IMPLICATIONS
None

CURRENT SITUATION AND ITS EFFECTS
Over 12 years ago, BART construction damaged the water line and irrigation system in the area around the concrete planter at the southeast corner of Adeline St and Alcatraz Ave. In 2024, the City restored the water line and irrigation system, which would not have been possible without the significant community leadership provided over several years by Ms. Richie. The City also installed soil, plants, wrought-iron protective fencing, an irrigation system, and new signage at the planter. On Saturday, 14, 2024, the City will hold a dedication ceremony to celebrate the renovation of the planter, at which time Ms. Richie will be recognized for her significant community leadership efforts.

BACKGROUND
Ms. Richie, a long-time Berkeley resident, Berkeley High School Class of ‘53, and founding Friends of Adeline Member and Berkeley Community Leader, has worked tirelessly to maintain and uplift the South Berkeley streets, neighborhoods and communities. Ms. Richie Brook-Cole Smith relocated from Oklahoma to South Berkeley during the Great Migration in 1949 and graduated from Berkeley High School in 1953.

She later became an educator at Head Start, where she significantly impacted the lives of young children through her guidance and care.

Ms. Richie has been a dedicated community leader. In 2004, she co-founded "Take a Stand Against Elder Abuse" and is currently an active member of Iota Phi Lambda Sorority, Beta Mu Chapter in Oakland, Echoes Down the Corridor, Friends of Adeline, the Homeless Encampment Support Group of South Berkeley, the Berkeley NAACP,

Officially name the concrete planter at Adeline St and Alcatraz Ave as the CONSENT CALENDAR “Ms. Richie and Friends of Adeline Native Garden” September 10, 2024

the South Berkeley and North Oakland Senior Center, and the African-American Holistic Resource Center steering committee. Moreover, she served with distinction on Berkeley's Commission on Aging from 2005 to 2013, holding the position of Vice Chair from 2006 to 2007.

Among her numerous accolades, Ms. Richie was honored by the Commission on the Status of Women at the 17th Annual Ceremony recognizing outstanding women in Berkeley. In 2009, she was named a California Senior Leader by UC Berkeley’s School of Public Health and is prominently featured in the “Music on Our Minds” mural, painted in 2009 by Edythe Boone in collaboration with Youth Spirit Artworks, which celebrates her many contributions as the unofficial "mayor" of South Berkeley's Adeline Corridor.

Ms. Richie’s unwavering commitment to the betterment of our city is evident through her involvement in various civic affairs, including advocating for affordable housing, regularly attending city council meetings, and daily street clean-ups in her neighborhood. Her tireless dedication to the Berkeley community and her numerous accomplishments deserve our recognition and gratitude.

On October 31st, 2017, Ms. Richie was honored with a proclamation by City of Berkeley Mayor Jesse Arreguin in recognition of her service as a Berkeley Activist and volunteer.

Over many years, she has dedicated her time to the maintenance and beautification of South Berkeley, which has involved countless hours picking up trash, reporting neighborhood issues, welcoming the influence of officers providing a traffic-calming presence, and overall embodying the community spirit of South Berkeley.

CITY MANAGER
The City Manager concurs with the recommendation contained in this report.

COMMISION
At a regular meeting on July 10, 2024, the Parks, Recreation and Waterfront Commission M/S/C to recommend that Council officially name the planter bed at the Adeline Alcatraz Plaza in honor of Richie Brook-Cole Smith (“Ms. Richie”). Ayes:

Abshez; Diehm; Hurtado; Ranuzzi; Wozniak; Noes: none; Absent: Cox; Kawczynska.

ENVIRONMENTAL SUSTAINABILITY
No negative environmental impacts were identified as a result of this recommendation.

RATIONAL FOR RECOMMENDATION
See body of report.

ALTERNATIVE ACTIONS CONSIDERED
None

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

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

OFFICIALLY NAME THE CONCRETE PLANTER BED AT ADELINE ST AND ALCATRAZ AVE THE “MS. RICHIE AND FRIENDS OF ADELINE NATIVE GARDEN” WHEREAS, in July of 2024, the City completed the renovation of the longtime damaged irrigation line at the planter at Adeline Street and Alcatraz Ave in South Berkeley; and WHEREAS, this work would not have been possible without the significant community leadership of Ms. Richie over several years; and
WHEREAS, Ms. Richie has been a significant community leader and has mobilize many efforts to improve the community in South Berkeley for over five decades; and WHEREAS, on October 31st, 2017, Ms. Richie was honored with a proclamation by City of Berkeley Mayor Jesse Arreguin in recognition of her service as a Berkeley activist and volunteer; and
WHEREAS, at a regular meeting on July 10, 2024, the Parks, Recreation and Waterfront Commission M/S/C to recommend that Council officially name the planter bed at the Adeline Alcatraz Plaza in honor of Richie Brook-Cole Smith (“Ms. Richie”). Ayes: Abshez; Diehm; Hurtado; Ranuzzi; Wozniak; Noes: none; Absent: Cox; Kawczynska; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the concrete planter at the southeast corner of Adeline St and Alcatraz Ave is officially named the “Ms. Richie and Friends of Adeline Native Garden”.

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Susan Wengraf
Vice Mayor & Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Wengraf (Author), Councilmember Hahn (Co-Sponsor) Subject: Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions

RECOMMENDATION
Adopt the first reading of an Ordinance to amend Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, by adding Sub-section L, Wildfire Hardening, below Sub-section K, Seismic Upgrades.

FINANCIAL IMPLICATIONS
To be determined

CURRENT SITUATION AND ITS EFFECTS
The inherent wildfire risk Berkeley faces because of the natural topography and weather conditions is increasing due to climate change which is bringing more frequent and substantial draughts, and higher temperatures.

The City of Berkeley has and will continue to implement strategies that reduce the wildfire risk to our community, and should a wildfire occur, improve the emergency response. However, the City is able to address only part of the wildfire risk that the community faces as much of the risk within the City proper lies on private property in the form of structures that pre-date modern fire resistive building codes. While some of the retrofit work that must occur is inexpensive, much of it is expensive and requires professionals. Thus, there is a significant challenge to getting this work completed, even for motivated residents. There is a need to be nimble and adapt our legislation to incentivize the work we know has to get done, work that will help slow an advancing fire so firefighters can protect the community. This amendment will provide an opportunity and mechanism for the City to incentivize homeowners in making these improvements.

This risk can be reduced through “hardening” which is the process of increasing resistance to wildfire by replacing combustible materials with ignition resistant and/or non-combustible materials and other scientifically proven actions including:
 Reducing the home’s vulnerability to heat.
 Creating fire-resistant surfaces.

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Amending BMC 7.52.060 to include “Wildfire Hardening” CONSENT Calendar September 10, 2024

 Blocking any potential points of ingress for embers and other flammable material.

Retrofitting our homes against seismic damage and destruction has proven to be good policy; hardening against wildfire will be as well. Providing a refund of a portion of the transfer tax to harden against wildfire will incentivize owners and buyers to undertake these important upgrades and reduce our vulnerability to destruction and damage as a result of a wildfire.

Berkeley Municipal Code (BMC) Chapter 7.52 (Real Property Transfer Tax) Section .060 provides exceptions to payment of transfer tax, including to those who make seismic upgrades just before or after selling or buying their home. Up to one-third of the tax imposed by BMC 7.52 can be reduced, on a dollar-for-dollar basis, for all expenses incurred on or after October 17,1989 to "seismically retrofit".

This item recommends a similar exception for wildfire hardening expenses by adding Sub-section L. The maximum rebate shall be one-third (1/3) of the tax paid for a transfer of real property. However, the total rebate for any combination of seismic retrofit and/or wildfire hardening shall not exceed the maximum of one-third (1/3) of the tax paid per property. This shall take effect on January 1, 2025.

Qualifying upgrades and wildfire hardening projects must be completed either up to one year prior to the transfer of real property or within one year after the transfer. If the work qualifying for a rebate is completed prior to the transfer of the real property, the seller and buyer must decide who may apply for and receive the rebate. Work must be performed pursuant to a plan prepared by the applicant and approved by the Building Official, Fire Marshall or their designee.

Some of the hardening upgrades will require a permit and inspection by the Building Department. Work that requires a permit and inspection, that is completed without one, will not be eligible for the transfer tax rebate. Property owners wishing to perform their own work may not include a charge for their time.

Wildfire hardening may include but is not limited to:
 Replace wood shake roof with a Class A fire rated roof  Installation of non-combustible siding around deck perimeter  Installation of ember and flame-resistant screen or rated vents to attic and crawlspace openings and under eaves.
 Block spaces between roof covering and sheathing with noncombustible materials (bird stops).
 Installation of noncombustible gutter covers on gutters to prevent the accumulation of leaves and debris in the gutter.
 Caulk and plug gaps greater than 1/8-inch around exposed rafters and blocking to prevent ember intrusion into the attic or other enclosed spaces.

Internal
Amending BMC 7.52.060 to include “Wildfire Hardening” CONSENT Calendar September 10, 2024

 Installation of weather-stripping to gaps greater than 1/8-inch between garage doors and door frames to prevent ember intrusion - weather-stripping must be compliant with UL Standard 10C.9.
 Replace windows with multi-paned windows that have at least one pane of tempered glass.
 Replace siding or deck using compliant noncombustible, ignition-resistant materials.
 Installation of a minimum 6-inch metal flashing, applied vertically on the exterior of the wall at the deck-to-wall intersection to protect the combustible siding material.
 Replace wood mulch products within five feet of all structures with noncombustible products such as stone, concrete, or gravel.  Replace wooden fences within five feet of structures with noncombustible or ignition resistant materials.

Wildfire hardening increases a home’s resistance to heat, flames and embers, thereby reducing the chances of a home igniting. This also protects adjacent homes from igniting and causing a structure-to-structure fire spread through the community.

Adding Wildfire Hardening to Berkeley Municipal Code 7.52.060, Sub-section L, in addition to Seismic upgrades, supports Berkeley’s Strategic Plan Goal to create a resilient, safe, connected and prepared city.

BACKGROUND
Maintaining our housing stock is essential to the health and welfare of our city. The impacts from a wildfire are not just seen in the structures; it has devastating consequences on mental health, individual sense of security, and our financial stability as a community.

The Loma Prieta Earthquake took the Bay Area by surprise on October 17,1989.

According to the California Department of Conservation, that 6.9 magnitude earthquake killed 63 people, injured close to 4,000 and displaced over 12,000 people. Less than two years later, June 25, 1991, Berkeley City Council voted for an exception on transfer property taxes to help homeowners pay for seismically upgrading their homes, and BMC 7.52.060, Sub-section K was established. In the last 10 years, the Finance Department processed approximately 1,200 seismic upgrade rebates for a total of $7.2M.

Since the seismic retrofit exception was included in BMC 7.52.060 in 1991 no expanded safety exceptions have been added. The City of Berkeley is in one of the highest wildfire risk areas in the state. We have a long history of catastrophic wildfire here in Berkeley.

Most notably, in 1923, when a wildfire destroyed more than 600 homes, leaving more than 1,000 residents homeless. In 1991, the Berkeley/Oakland Tunnel Fire was

Internal
Amending BMC 7.52.060 to include “Wildfire Hardening” CONSENT Calendar September 10, 2024

responsible for 25 deaths and destroyed more than 3,000 homes. In 2024 valuation, that conflagration cost 4 billion dollars. Now is the time to amend this policy, adapt our legislation and help residents harden their homes against wildfire.

Fire science studies are decisive. Wildfire hardening reduces the chances of a home catching fire. The Home Insurance industry has taken note and adopted the components of Chapter 7A and defensible space in their evaluations of risk during the underwriting process. IBHS, the Insurance Institute for Business & Home Safety, initiated the Wildfire Prepared Home program, which incentivizes homeowners to implement home hardening best practices based on scientifically proven Wildfire Defense Standards.

Attachments
1: Ordinance Amending Sections of 7.52.060 of the BMC – redlined 2: Ordinance Amending Sections of 7.52.060 of the BMC – clean copy

Internal
ORDINANCE NO. #### -N.S.

AMENDING SECTIONS 7.52.060 OF THE BERKELEY MUNICIPAL CODE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, is amended to add Sub-section L. and read as follows:

BMC 7.52.60 Sub-section L
L. 1.  Up to one-third of the tax imposed by this chapter shall be reducedrebated, on a dollar for dollar basis, for all expenses incurred on or after January 1, 2025 to "wildfire harden" either any structure which is used exclusively for residential purposes, or any mixed-use structure which contains two or more dwelling units.

Multiple rebate applications may be submitted for a partial rebate of the tax paid.

However, the total rebate for any combination of seismic retrofit and/or wildfire hardening, but the total rebate for all applications shall not exceed the maximum of one-third (1/3) of the tax paid per property per every ten years.

2.  The term "wildfire harden" within the meaning of this chapter means any of the following:
(a)  That work which is the process of increasing resistance to wildfire by replacing combustible materials with ignition resistant and/or non-combustible materials and other scientifically proven actions . The work must be permanent and not vegetation management or gardening adaptations that need continued maintenance. Best practices recommended by CAL FIRE are listed in subsection L 2(b).
(b) Replace wood shake roof with a Class A fire rated roof; install non- combustible siding around deck perimeter; install ember and flame-resistant screen vents with 1/16 mesh metal in attic, under eaves and at the foundation; block any spaces between roof covering and sheathing with noncombustible materials (bird stops); install a noncombustible gutter cover on gutters to prevent the accumulation of leaves and debris in the gutter; caulk and plug gaps greater than 1/8-inch around exposed rafters and blocking to prevent ember intrusion into the attic or other enclosed spaces; install weather-stripping to gaps greater than 1/8-inch between garage doors and door frames to prevent ember intrusion - weather-stripping must be compliant with UL Standard 10C.9;

Internal

replace windows with multi-paned windows that have at least one pane of tempered glass; replace siding or deck using compliant noncombustible, ignition-resistant materials; install a minimum 6-inch metal flashing, applied vertically on the exterior of the wall at the deck-to-wall intersection to protect the combustible siding material; replace wood mulch products within five feet of all structures with noncombustible products such as dirt, stone, or gravel; replace wooden fences within five feet of structures with noncombustible or ignition resistant materials;
(c)  Any other work found by the building official or Fire Marshall to substantially increase the capability of those structures, specified in subsection L.1, to withstand destruction or damage in the event of a wildfire;

3.(d) Acceptable products and materials are those listed by the California State Fire Marshal or in a current report issued by an approved agency (accredited to ISO 17065) to meet one of the following test standards:
• Noncombustible – Made from material of which no part will ignite and burn when subjected to fire. Any material passing ASTM E136 is considered noncombustible.
• Ignition-resistant – A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of embers and small flames. Ignition-resistant building materials must comply with one of the following: • Extended ASTM E84 (UL 723) test or ASTM E2768 or non-combustible material.
4(f) BMC 19.28.030 CBC Chapter 7A Material and Construction Methods for Exterior Wildfire Exposure provides additional guidanceinformation.

35.  The work to wildfire harden as provided herein shall be completed either up to one-year prior to the transfer of property or as provided in subsection L.4.

46.  If the work to wildfire harden structures and property provided for herein is to be performed after the transfer of property which is subject to the tax imposed by this chapter, upon completion of such work and certification by the building official as to the amount of the expenses of such work the City Manager or their designee may refund such expenses not to exceed one-third of the tax imposed to the parties

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to the sale in accordance with the terms of such sale. Any remaining tax shall be retained by the City.

75.  From the date of the recordation of the transfer document, the applicant shall have one year to complete all wildfire hardening work and submit a wildfire hardening verification application to the Codes and Inspection Division of the City of Berkeley. If the work is not completed at the end of one year, that portion which has been completed may be credited rebated to the applicant upon submission of a Home Hardening verification application and substantiating documentation, as required by the codes and inspections division of the City of Berkeley, showing the dollar amount of work completed up to that date. All other monies remaining in escrow will be returned to the City of Berkeley upon written request by the Finance Department.

86.  Within the one-year period established by paragraph 5, an applicant may request, and the City Manager may approve, an extension of up to one year. The City Manager or their designee may grant such an extension only for good cause.

The decision of the City Manager or their designee shall be entirely within their discretion and shall be final.
(a)  "Good cause" includes (i) the inability of the applicant, after a prompt and diligent search to find and retain the services of an architect, engineer, contractor or other service provider whose services are necessary for the Home Hardening work; (ii) unforeseen and unforeseeable circumstances such as a significant change in the scope of the Home Hardening work due to circumstances in the field which could not reasonably have been known earlier; and (iii) serious illness or other extraordinary and unforeseeable circumstances that prevented the timely commencement or completion of the Home Hardening work.
(b)  "Good cause" does not include (i) ignorance of the applicable City ordinances or regulations concerning the seismic retrofit rebate provided in this chapter or state or local laws relating to the standards with which seismic retrofit work must comply; or (ii) any delays which were within the control or responsibility of the applicant.

Internal

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Internal

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

AMENDING SECTIONS 7.52.060 OF THE BERKELEY MUNICIPAL CODE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, is amended to add Sub-section L. and read as follows:

BMC 7.52.60 Sub-section L
L. 1.  Up to one-third of the tax imposed by this chapter shall be rebated, on a dollar for dollar basis, for all expenses incurred on or after January 1, 2025 to "wildfire harden" either any structure which is used exclusively for residential purposes, or any mixed-use structure which contains two or more dwelling units.

Multiple rebate applications may be submitted for a partial rebate of the tax paid.

However, the total rebate for any combination of seismic retrofit and/or wildfire hardening shall not exceed the maximum of one-third (1/3) of the tax paid per property.

2.  The term "wildfire harden" within the meaning of this chapter means any of the following:
(a)  That work which is the process of increasing resistance to wildfire by replacing combustible materials with ignition resistant and/or non-combustible materials and other scientifically proven actions The work must be permanent and not vegetation management or gardening adaptations that need continued maintenance. Best practices recommended by CAL FIRE are listed in subsection L 2(b).
(b) Replace wood shake roof with a Class A fire rated roof; install non- combustible siding around deck perimeter; install ember and flame-resistant screen vents with 1/16 mesh metal in attic, under eaves and at the foundation; block any spaces between roof covering and sheathing with noncombustible materials (bird stops); install a noncombustible gutter cover on gutters to prevent the accumulation of leaves and debris in the gutter; caulk and plug gaps greater than 1/8-inch around exposed rafters and blocking to prevent ember intrusion into the attic or other enclosed spaces; install weather-stripping to gaps greater than 1/8-inch between garage doors and door frames to prevent ember intrusion - weather-stripping must be compliant with UL Standard 10C.9;

Internal

replace windows with multi-paned windows that have at least one pane of tempered glass; replace siding or deck using compliant noncombustible, ignition-resistant materials; install a minimum 6-inch metal flashing, applied vertically on the exterior of the wall at the deck-to-wall intersection to protect the combustible siding material; replace wood mulch products within five feet of all structures with noncombustible products such as dirt, stone, or gravel; replace wooden fences within five feet of structures with noncombustible or ignition resistant materials;
(c)  Any other work found by the building official or Fire Marshall to substantially increase the capability of those structures, specified in subsection L.1, to withstand destruction or damage in the event of a wildfire;

3. Acceptable products and materials are those listed by the California State Fire Marshal or in a current report issued by an approved agency (accredited to ISO 17065) to meet one of the following test standards:
• Noncombustible – Made from material of which no part will ignite and burn when subjected to fire. Any material passing ASTM E136 is considered noncombustible.
• Ignition-resistant – A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of embers and small flames. Ignition-resistant building materials must comply with one of the following: • Extended ASTM E84 (UL 723) test or ASTM E2768 or non-combustible material.

4. BMC 19.28.030 CBC Chapter 7A Material and Construction Methods for Exterior Wildfire Exposure provides additional information.

5.  The work to wildfire harden as provided herein shall be completed either up to one-year prior to the transfer of property or as provided in subsection L.4.

6.  If the work to wildfire harden structures and property provided for herein is to be performed after the transfer of property which is subject to the tax imposed by this chapter, upon completion of such work and certification by the building official as to the amount of the expenses of such work the City Manager or their designee may refund such expenses not to exceed one-third of the tax imposed to the parties to

Internal

the sale in accordance with the terms of such sale. Any remaining tax shall be retained by the City.

7.  From the date of the recordation of the transfer document, the applicant shall have one year to complete all wildfire hardening work and submit a wildfire hardening verification application to the Codes and Inspection Division of the City of Berkeley. If the work is not completed at the end of one year, that portion which has been completed may be rebated to the applicant upon submission of a Home Hardening verification application and substantiating documentation, as required by the codes and inspections division of the City of Berkeley, showing the dollar amount of work completed up to that date.

8.  Within the one-year period established by paragraph 5, an applicant may request, and the City Manager may approve, an extension of up to one year. The City Manager or their designee may grant such an extension only for good cause.

The decision of the City Manager or their designee shall be entirely within their discretion and shall be final.
(a)  "Good cause" includes (i) the inability of the applicant, after a prompt and diligent search to find and retain the services of an architect, engineer, contractor or other service provider whose services are necessary for the Home Hardening work; (ii) unforeseen and unforeseeable circumstances such as a significant change in the scope of the Home Hardening work due to circumstances in the field which could not reasonably have been known earlier; and (iii) serious illness or other extraordinary and unforeseeable circumstances that prevented the timely commencement or completion of the Home Hardening work.
(b)  "Good cause" does not include (i) ignorance of the applicable City ordinances or regulations concerning the seismic retrofit rebate provided in this chapter or state or local laws relating to the standards with which seismic retrofit work must comply; or (ii) any delays which were within the control or responsibility of the applicant.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Susan Wengraf
Vice Mayor and Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Subject: AC Transit Draft Final Plan

RECOMMENDATION
Send a letter to AC Transit urging them to reconsider the frequency of service for bus lines 65 and 67 including restoration of weekend service.

FINANCIAL IMPLICATIONS
None

CURRENT SITUATION AND ITS EFFECTS
Only two buses serve the North-East Berkeley Hills and service stops at 7:00 or 8:00 each weekday evening and does not serve residents at all on weekends. This is a dis- service to residents and to the environment.

Parents have been scrambling to figure out how their children will continue to independently get to and from their commitments with the current limited service of bus lines 65 and 67. The proposed 60-minute headways on the 67 line will be a hardship for families that rely on public transportation.

The Berkeley Hills are extremely steep. For most people, even relatively active people, walking home or biking from downtown is not an option. Elders and young people who don’t drive, or don’t have access to a vehicle, are especially negatively impacted by increased headways and non-existent weekend service. Likewise, healthcare and homecare workers serving the Hills’ aging population would further struggle to get to and from their clients’ homes.

It is also an equity issue as members of the Bay Area community who do not own a car cannot easily access the recreational opportunities in Tilden Park on weekends. All people should be able to access our natural treasures.

AC Transit Draft Final Plan CONSENT CALENDAR
September 10, 2024

BACKGROUND
AC Transit has been working on realigning their bus routes since Spring 2023, in response to the substantial shifts in ridership and commute patterns since the pandemic.

When AC Transit’s recommendation was to merge lines 67 and 65, among other changes throughout the city, Vice Mayor Wengraf and Councilmember Humbert, co- authored an item urging the AC Transit Board to not reduce the existing minimal service to the hills.

AC Transit edited their plan to keep the two lines. However, they doubled the wait time for one bus and did not add weekend service.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Reliable and frequent public transportation supports ridership, which reduces car driving and emissions.

CONTACT PERSON
Vice Mayor Susan Wengraf District 6 510-981-7160
Attachments:
1: Letter to AC Transit Board Members

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]
September 10, 2024
Transmitted via Email: [email protected]
Re: DF65 and DF67 Problematic Frequency and Lack of Weekend Service Dear AC Transit Board of Directors,
The City of Berkeley urges you to reconsider doubling the wait time for bus line DF67, from 30 minutes to 60 minutes, as proposed in the Realign Draft Final Plan, and to restore weekend service for the 65 and 67 buses.

Only two buses serve the North-East Berkeley Hills and service stops at 7:00 or 8:00 each weekday evening and does not serve residents at all on weekends. This is a dis- service to residents and to the environment.

Families in the North Berkeley hills that rely on public transportation have been scrambling to figure out how their tweens and teens will be able to independently get to and from their educational and social commitments with the proposed limited service on both bus lines DF65 and DF67.

The Berkeley hills are extremely steep. For most people, even relatively active people, walking home or biking from downtown is not an option. Elders and young people who don’t drive, or don’t have access to a vehicle, are especially impacted by increased headways and non-existent weekend service. Likewise, healthcare and homecare workers serving the hills’ aging population would further struggle to get to and from their clients’ homes.

Through an equity lens, AC Transit is making it impossible for people who do not own cars to access our recreational opportunities on the weekends. Access to our natural treasures should be available to everyone.

The Berkeley City Council urges you to reconsider the 60-minute headways to the DF67 as proposed in the Realign Draft Final Plan, and to restore weekend service for DF65 and DF67.

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
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Ambulance Transport Fee Increase

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective July 1, 2024, for the Cities of Alameda, Albany, Berkeley, and Piedmont and to adjust the First Responder Fee. The increase would be included as an updated addendum to the Ambulance Provider Agreement, and rescinding Resolution 71,063–N.S.

FISCAL IMPACTS OF RECOMMENDATION
The Alameda County Health Care Services Agency notified the City on July 16, 2024 that they had approved an increase in the Bundled Base Rate User Fee that may be charged by the County’s 911 Ambulance Transport Service Provider. Under the terms of the of Berkeley’s Emergency Medical Services Ambulance Transport Services Agreement, the City may increase its Bundled Base Rate to $4,051.06, Mileage to $91.41, Oxygen to $302.64, and Treatment/Non-Transport to $812.46 beginning July 1, 2024. Further, the Department is proposing to bring the City’s first responder fee into alignment with other first responder agencies. This fee will be consolidated (bundled) with the transport fee into a Bundled Base Rate of $4551.06. The City will increase its rate effective September 11, 2024 and will not apply the increase retroactively. These adjustments account for the increased cost of ambulance transport, paramedic services, and medical equipment/supplies.

Existing Proposed
Base Rate $3,664.87 $4,051.06
Mileage $82.69 $91.41
Oxygen $273.79 $302.64
Treatment / Non-Transport * $735.01 $812.46

Ambulance Transport Fee Increase PUBLIC HEARING
September 10, 2024

First Responder Fee** $300.00 $500.00
*This rate shall be limited to patients who receive a medical intervention, such as intravenous medication administration, and subsequently refuse transport. Patient assessment, including ECG monitoring, does not constitute treatment. **This fee would be limited to instances when a patient is transported.

CURRENT SITUATION AND ITS EFFECTS
Under the terms of the Alameda County Ambulance Provider Agreement, Alameda County Board of Supervisors is responsible for setting and approving any fees that are applicable to all providers. The increases are either COLA or base rate adjustments.

For the City of Berkeley, the last rate increase was approved by the City Council on October 3, 2023 (Resolution 71,063–N.S.); and the rate increase was made effective November 1, 2023.

BACKGROUND
Alameda County EMS is responsible for the procurement of emergency ambulance services for the local EMS system. The Berkeley Fire Department has an agreement with Alameda County to be the emergency transport provider for Berkeley since 1977.

Albany, Piedmont, Alameda City, and Falck serve as the ambulance transport providers for other parts of Alameda County. Under the current agreement, all transport providers, including Berkeley, are in the Alameda County Emergency Medical Services District.

Since 1986, the Berkeley Fire Department (Department) has provided ambulance transport service at the Advanced Life Support (ALS) or paramedic level.

Under the terms of the Alameda County Ambulance Provider Agreement, Alameda County Board of Supervisors is responsible for setting and approving any fees that are applicable to all agencies. The increases are either COLA or base rate adjustments. As the exclusive provider for transport services within the City of Berkeley, the Department may propose adjustments to the fees charged for these services. As background, in 1980, the California Legislature enacted the EMS Act “to achieve coordination and integration” for the prehospital EMS system.1 The EMS Act establishes a two-tiered system of regulation of the California Emergency Medical Services Authority on the state level and local EMS agencies, such as the Alameda County local EMS agency (“Alameda LEMSA”), at the local level:2
If a county elects to establish an emergency medical
services program, the duties of its designated local EMS agency include the following: (1) planning, implementing, and evaluating an emergency medical services system
“consisting of an organized pattern of readiness and
response services based on public and private agreements and operational procedures” (§ 1797.204); (2) developing a 1 County of San Bernardino v. City of San Bernardino (1997) 15 Cal. 4th 909, 915. 2 Ibid.

Ambulance Transport Fee Increase PUBLIC HEARING
September 10, 2024

formal plan for the system in accordance with the Authority's guidelines and submitting the plan to the Authority on an annual basis (§§ 1797.250, 1797.254); (3) “consistent with such plan, coordinat[ing] and otherwise facilitat[ing]
arrangements necessary to develop the emergency medical services system” (§ 1797.252). Once a local EMS agency
implements its system, all providers of prehospital
emergency medical services within its jurisdiction must operate within that system. (See § 1797.178 [“No person or organization shall provide advanced life support or limited advanced life support unless that person or organization is an authorized part of the emergency medical services
system of the local EMS agency....”].)
An important aspect of the EMS Act is the Legislature’s acknowledgment of the continued role of cities and fire districts, such as the Berkeley Fire Department, through the enactment of Health and Safety Code section 1797.201, which states, in relevant part:
[Unless a city or fire district consents through agreement or waiver3], prehospital emergency medical services shall be continued at not less than the existing level, and the
administration of prehospital EMS by cities and fire districts presently providing such services shall be retained by those cities and fire districts….

Section 1797.201 is “a grandfathering of existing emergency medical service operations [by cities or fire districts] until such time as these services are integrated into the larger EMS system. The apparent purpose of this grandfathering provision was to ‘allow such entities to protect the investments they had already made in various assets— emergency medical equipment, infrastructure, personnel, etc.’, as well as to ensure against the disruption of adequate emergency medical services.”4 The Department operates a grandfathered EMS system within the City of Berkeley, and has consistently done so since the enactment of the EMS Act.

The EMS Act defines “emergency medical services,” as “services utilized in responding” to “a condition or situation in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency.” (Health and Safety Code §§ 1797.72, 1797.90.) This is reinforced by the ordinances in Alameda County that defines a 9-1-1 level of service, which includes “a 9-1-1 request for an ambulance to transport or assist persons 3 Id. at 924; Health & Saf. Code § 1797.201.
4 Valley Med. Transp., Inc. v. Apple Valley Fire Prot. Dist. (1998) 17 Cal. 4th 747, 758.

Ambulance Transport Fee Increase PUBLIC HEARING
September 10, 2024

in apparent sudden need of medical attention; or an ambulance transport that is initially classified as a non-emergency call that becomes a 9-1-1 emergency call due to a change in the patient's medical condition.”5 Within the City of Berkeley, the Department is the sole entity authorized under state law to provide EMS transports. Within the City of Berkeley, any other ambulance that arrives and discovers that a patient appears to have a medical emergency is required to call 9-1-1, so that the Department or a subcontractor to the Department, can transport the patient.6 With the exception of the Department or a provider subcontracted to the Department, no private ambulance company or other entity is an authorized provider of EMS within the City of Berkeley.7

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

RATIONALE FOR RECOMMENDATION
The Berkeley Fire Department is seeking Council approval to increase the base rate for ambulance user fees to match those approved by Alameda County and made effective on July 1, 2024 and to bring them in line with those of other regional transport providers.

Additionally, the department is seeking to increase the first responder fee to be similar to those of other transporting fire department. Periodic rate increases help to recoup increasing costs incurred for providing ambulance services.

Government Code Section 6062(a) dictates the manner of publication for fee increase public hearings.

ALTERNATIVE ACTIONS CONSIDERED
Continue with the existing User Fee Schedule which was approved by the Alameda County Board of Supervisors and made effective July 1, 2023 and adopted by the City on October 3, 2023, implemented on November 1, 2023.

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:
1: Resolution
2: Public Hearing Notice
5 Alameda County Code of Ordinances § 6.114.050
6 Alameda County Ordinance §§ 6.114.060(A), 6.114.270(B). 7 Health & Saf. Code § 1797.178.

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

AMBULANCE USER FEE ADJUSTMENT
WHEREAS, the County of Alameda and the City of Berkeley are in an Ambulance provider Agreement dated June 1, 1984; and
WHEREAS, the County of Alameda Board of Supervisors sets the rates applicable to all providers within the district for emergency ambulance transport; and WHEREAS, the County of Alameda Board of Supervisors established and approved a new Contractor’s User Fee schedule for ambulance transport providers. The rates were made effective July 1, 2024; and
WHEREAS, under the California Emergency Medical Services Act (the “EMS Act”), Health and Safety Code sections 1797, et seq. The Department operates a grandfathered EMS system within the City of Berkeley, and has consistently done so since the enactment of the EMS Act; and
WHEREAS, as the exclusive provider within the City of Berkeley, the Department may propose adjustments to fees that bring them in line with those of other regional transport providers and cover expenses related to providing said service; and WHEREAS, the revenue collected will be deposited into General Fund revenue account 010-6405-341-7900; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the new ambulance user fee schedule is adopted in accordance with the rates established by the County of Alameda, effective July 1, 2024, as follows:

User Fee Schedule
Base Rate $4,051.06
Mileage $91.41
Oxygen $302.64
Treatment / Non-Transport $812.46
First Responder Fee $500.00
Base Bundled Rate $4551.06
BE IT FURTHER RESOLVED that the new ambulance user fee schedule shall be effective and that Resolution No. 71,063–N.S. is rescinded, effective September 11, 2024.

September 10, 2024

NOTICE OF PUBLIC HEARING BERKELEY CITY COUNCIL

AMBULANCE USER FEE ADJUSTMENT
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:

The Fire Department is proposing to increase the Ambulance User Fee rates to match the ambulance transport provider fees set forth and approved by the County of Alameda and charged by other regional transport providers. Collected ambulance fees are deposited into a General Fund revenue account.

The County of Alameda has established and approved a new base rate Contractor’s User Fee schedule for ambulance transport providers effective July 1, 2024. The City of Berkeley fee increase would be effective September 11, 2024. For the City of Berkeley, the last rate increase was approved by the City Council on October 3, 2023 (Resolution 71,063–N.S.); and the rate increase was made effective November 1, 2023.

Existing Proposed
Base Rate $3,664.87 $4,051.06
Mileage $82.69 $91.41
Oxygen $273.79 $302.64
Treatment / Non-Transport * $735.01 $812.46
First Responder Fee $500.00
Base Bundled Rate $4551.06
*This rate shall be limited to patients who receive a medical intervention, such as intravenous medication administration, and subsequently refuse transport. Patient assessment, including ECG monitoring, does not constitute treatment.

The hearing will be held on September 10, 2024 at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

For further information, please contact David McPartland, EMS Assistant Chief, at (510) 981-3473.

A copy of the staff report for this hearing will be available on the City’s website at www.berkeleyca.gov as of August 29, 2024. Once posted, the agenda for this

September 10, 2024

meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.

Published: August 30 and September 6, 2024 – The Berkeley Voice Per Government Code 6062A
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on August 29, 2024.

Mark Numainville, City Clerk

1 Rashi Kesarwani
Councilmember, District 1

ACTION CALENDAR
September 10, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author) and Councilmember Susan Wengraf (Co-Sponsor)
SUBJECT: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code

RECOMMENDATION
Adopt a resolution affirming that the City of Berkeley will continue to offer interim housing (i.e., a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach1 and best practices guidance from the federal government. In order to account for nuanced health and safety situations, the resolution allows for six specific exceptions to this practice, based on City staff experience.

Offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness.2 It will continue to be the City’s practice to make shelter offers whenever practicable and to invest in more shelter options. However, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances:
● The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, Berkeley Municipal Code (BMC) Chapter 19.48; or
● The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
1 Arreguin, Jesse, Joining the House America Initiative that adopts a Housing First approach in accordance with the federal government, July 12, 2022, Consent Calendar Council item, unanimously approved, https://berkeleyca.gov/sites/default/files/documents/2022-07- 12%20Item%2013%20Joining%20the%20House%20America%20Initiative.pdf 2 United States Interagency Council on Addressing Homelessness: 7 Principles for Addressing Encampments, June 17, 2022:
https://www.usich.gov/sites/default/files/document/Principles_for_Addressing_Encampments_1.pdf

2 ● The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or ● The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or ● The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section

13.36.045; or
● The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.

The City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e)3; or citation and arrest, even if a shelter offer cannot be made.

Adopt revisions to BMC Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks to delete portions of 14.48.020, 14.48.120A and 14.48.120B in order to give the City Manager authority to make conforming changes to Administrative Regulation 10.2 to effectuate the above-stated encampment policy. Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120 is to be revised by the City Manager to enable enforcement of temporary non-commercial objects of less than nine-square-feet within less than 24 hours in a designated public area marked with signage to deter re- encampment.

CURRENT SITUATION AND ITS EFFECTS
Federal Ninth Circuit Court of Appeals Legal Decision in Martin v. City of Boise (2018) Has Guided City’s Encampment Approach to Always Offer Shelter In All Circumstances Prior to Encampment Closure. In 2018, the Ninth Circuit Court of Appeals, with jurisdiction over California, ruled that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”4 In practice, the Martin decision meant that the City of Berkeley was prevented from closing encampments—even when deemed a health and safety hazard—without offers of shelter, constituting an Eighth Amendment violation against cruel and unusual punishment. Due to limited shelter options and movement among unsheltered individuals, certain encampments have persisted, such as the encampments along the Harrison Corridor (between Ninth and Seventh streets and north of Harrison on Eighth Street), and the encampments in the Cedar and Second Street area (Second Street 3 Penal Code Section 647(e) states: “Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.” 4 Martin v. City of Boise, 920 F .3d 584 (9th Cir. 2019):
https://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/01/15-35845.pdf, p. 3

3 between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth).

Supreme Court Decision in Grants Pass v. Johnson (2024) Removes Shelter Offer Requirement, And Further Allows Local Jurisdictions to Ban Camping in Public Spaces. On June 28, 2024, the Supreme Court overruled the Ninth Circuit’s Martin v.

Boise ruling in their 6-3 decision in Grants Pass v. Johnson. In this decision, the Court ruled that applying anti-camping ordinances to homeless individuals, as had been done in the town of Grants Pass, Oregon, was not a violation of the Eighth Amendment’s prohibition of cruel and unusual punishment. The Court removed the requirement to offer shelter before closing an encampment.5 The ruling gives cities like Berkeley greater authority to set encampment policy for nuanced health and safety situations.

Significantly, the Supreme Court Decision in Grants Pass Does Not Impact the City’s Requirements Related to the Fourth, Fifth and Fourteenth Amendments. The City must still abide by the Fourth Amendment protecting individuals against unreasonable search and seizure, the Fifth Amendment guaranteeing due process and the Fourteenth Amendment guaranteeing equal protection under the law. The City’s administrative regulations pertaining to regulating temporary non-commercial objects on the sidewalks (AR 10.1) and the temporary storage of unattended property (AR 10.2) ensure compliance with these Constitutional law requirements.

BACKGROUND
Housing First Is a Best Practice, With City of Berkeley Opening Hope Center, Two Homekey Sites, and Two Transitional Housing Motels Within the Last Three Years . . . Housing First is an approach to serving people experiencing homelessness that recognizes a homeless person must first be able to access a decent, safe place to live before stabilizing, improving health, reducing harmful behaviors, or increasing income, according to the California Department of Housing and Community Development (HCD).6 In 2018, Berkeley voters approved an increase to the real estate transfer tax for the top third of real estate transactions to augment General Fund resources available for homeless services, known as Measure P. These funds, along with state encampment resolution funds, have supported the leasing of two motels:
● The Berkeley Inn operated by Dorothy Day House provides 25 rooms, as well as meals, supportive services, and housing navigation services; ● Campus Hotel (formerly Super 8) operated by Insight Housing provides 23 rooms, as well as meals, supportive services, and housing navigation services with homeless individuals at the Harrison Corridor encampment granted first priority for these rooms;
● The Hope Center (2012 Berkeley Way) operated by Insight Housing provides a congregate emergency shelter with 32 beds and 12 transitional 5 Grants Pass, 144 S.Ct at 2211: https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf 6 Housing First, California Department of Housing and Community Development, https://www.hcd.ca.gov/grants-funding/active-funding/docs/housing-first-fact-sheet.pdf

4 housing beds for veterans. The Hope Center was funded by various local7, state, and federal sources.

The offer of motel rooms has dramatically increased the City’s shelter acceptance rate— from 43 percent to 79 percent—among unsheltered people living in encampments.8 Measure P funds have also been used as local match funding for two permanent supportive housing sites that have received state funding via the Homekey program, the statewide program to expand and fund housing opportunities for people experiencing homelessness.9
● The Rodeway Inn operated by Housing Consortium of the East Bay provides 42 permanent supportive housing units funded in part by the state Homekey program, including meals and supportive services; ● Golden Bear Homes operated by Bay Area Community Services provides 43 permanent supportive housing units funded in part by the state Homekey program, including on-site property management, case management, and supportive services.
● The Hope Center, funded by various local10, state, and federal sources, is operated by Insight Housing and provides 53 permanent supportive housing units, as well as meals, physical and mental health care, and case management.

The City is poised to add an additional 39 units of permanent supportive housing in the near future via the Step-Up Housing site currently in construction at 1367 University Avenue to be operated by Building Opportunities for Self Sufficiency (BOSS). Further, a $53 million local funding reservation from the Measure O affordable housing bond has been made for the North Berkeley and Ashby developments, with the first 100 percent affordable building at the North Berkeley site likely to break ground next year. The City Council has also acted to place Measure W on the November 2024 ballot to authorize a renewal and graduated increase in the Measure P real estate transfer tax for voter consideration to continue to ensure resources are available for future investments in permanent housing, interim housing, and homelessness prevention. . . . Permanent and Interim Housing Placements Have Coincided with a Dramatic 45 Percent Reduction in the Count of Unsheltered Individuals, according to the 2024 Point-In-Time Homeless Count. Between 2022 and 2024, the City saw a 45 percent reduction in street homelessness corresponding with a 54 percent increase in sheltered homelessness. Overall, the City of Berkeley experienced a 21 percent 7 The Hope Center was not funded by Measure P proceeds. 8 City Manager Off Agenda Memo, May 16, 2024: As shelter and permanent housing investments have increased, Berkeley’s homelessness has declined,
https://berkeleyca.gov/sites/default/files/documents/2024-05- 16%20As%20shelter%20and%20permanent%20housing%20investments%20have%20increased%2 C%20Berkeley%E2%80%99s%20homelessness%20has%20declined.pdf 9 Homekey, California Department of Housing and Community Development, https://www.hcd.ca.gov/grants-and-funding/homekey
10 The Hope Center was funded locally by Measure O affordable housing bond funds, Housing Trust Fund proceeds, and measure U1 funds that increased gross receipts tax on owners of five or more rental units.

5 reduction in homelessness, compared to just a 3 percent reduction in Alameda County.11 From 2015 through 2019, prior to enhanced local investment associated with Measure P, the City’s homeless count increased by 33 percent, as shown in Figure 1 (834 individuals in 2015 compared to 1,108 individuals in 2019). In 2024, with the addition of transitional motels, Homekey permanent supportive housing sites, and the Hope Center, the City of Berkeley experienced a dramatic 21 percent reduction in overall homelessness—far higher than the 3 percent reduction experienced by Alameda County overall.

Figure 1: Berkeley Homeless Point-In-Time Counts Increased from 2017 to 2019 Before Decreasing in 2022 and 2024, Coinciding with Shelter and Permanent Housing Investments
Year Sheltered
Count
Unsheltered
Count
Total
Homeless
Population
% Increase/
Decrease from
last PIT count
2015 266 568 834 Not available
2017 308 664 972 16.5% increase
2019 295 813 1,108 14% increase
2022 254 803 1,057 5% decrease
2024 339 445 844 21% decrease
Sources: 2015 Homeless Point-In-Time Count, Jan. 26, 2016 (https://newspack-berkeleyside- cityside.s3.amazonaws.com/wp-content/uploads/2016/06/2016-01-26-Item-21-Berkeley-2015- Homeless.pdf); 2017, 2019, 2022 Point-In-Time Counts (https://everyonehome.org/wp- content/uploads/2022/05/Berkeley-PIT-2022-Infographic-Report.pdf); and 2024 Point-In-Time Count (https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/)

The West Berkeley Encampments at (1) the Harrison Corridor (Between Ninth and Seventh Streets, Including Eighth Street north of Harrison), and (2) the Second and Cedar Area (Second between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth)12 are the Most Persistent and Hazardous in the City, With Documented Impacts Since 2019. Despite significant reductions in the number of people who are homeless in Berkeley, a total of about 445 individuals continue to experience unsheltered homelessness, according to the 2024 point-in-time count. These individuals are largely in West Berkeley, with significant health and safety impacts in the Harrison Corridor, including dead animals, open food sources and spoiled food, used uncapped drug needles, combustible materials like flammable gas containers inside unsafe wooden structures, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products, according to an August 2023 off-agenda memo from the City Manager.13 Additionally, a large accumulation of bulky objects and sheltering structures completely block the sidewalk in several areas and extend into the roadway, creating numerous fire and traffic safety hazards. Since the Homelessness Response Team was established in 2021, City staff have documented 16 environmental 11 Alameda County Health Department May 15, 2024 press release: Alameda County Homelessness County Shows Improvements As More Unhoused Residents Access Shelter and Housing:
https://everyonehome.org/wp-content/uploads/2024/05/2024-PIT-Count-Press-Release_FINAL_v3.pdf 12 See Second St, Page St, Jones St, Cedar St encampment map, attached 13 City Manager Dee Williams-Ridly’s Aug. 31, 2023 Off Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts, pp. 7, 8 (attached)

6 health abatements city-wide, with nine of those abatements occurring in the Harrison encampment and Cedar/Second Street area encampments.

Calls for Service and Fire-Related Incidents Associated with the Harrison Corridor are Elevated Compared to a Similar Area South of Gilman, Averaging One Police Call Every 1.5 Days and One Fire Service Call Every 4.5 Days. Call data underscores the intensive level of emergency response resources associated with the Harrison Corridor encampments. On average, BPD is called for service every day-and-a-half and Fire is called every four-and-a-half days. For the one-year period from August 2023 through July 2024, a total of 252 calls for police service were received by dispatch from the Harrison Corridor area. Of those calls, 45 percent were deemed high priority (either priority one or two on a nine-point scale, with one reflecting the highest level of urgency and nine reflecting the least). Berkeley’s Fire Department received a total of 78 calls for service during the same one-year timeframe; of those, 60 calls were for fire-related incidents, and 18 were for emergency medical services. For comparison, the same-sized area just south of Gilman Street (bounded by Seventh and Ninth Streets and Gilman to Camelia) had 152 calls for service over the same time period (100 fewer calls), and the percentage of high priority calls (levels one and two) was also less (32 percent versus 45 percent for the Harrison Corridor).14 Like the Harrison Corridor, the area south of Gilman is zoned Mixed Use Light Industrial and has significant numbers of RVs and other vehicles being used for habitation on the streets; however, the area does not have encampments similar to those in the Harrison Corridor.

Figure 2: Calls for Service Related for Harrison Corridor Encampments (12 months, Aug. 1, 2023 - July 31, 2024)
Berkeley Police Department
Calls for Service
Total: 252 High priority calls15: 45%
Berkeley Fire Department
Calls for Service
Total: 78 Types of calls: 60 fire-related responses;
18 emergency medical services
responses
Sources: Berkeley Police Department (BPD) calls for service taken from the Berkeley Police Transparency Hub Calls for Service, https://bpd-transparency-initiative- berkeleypd.hub.arcgis.com/pages/cfs-stats. Berkeley Fire Department (BFD) calls for service data provided by BFD Fire Prevention Inspector.

Note: Calls are associated with the Harrison Corridor based on where the incident in question takes place.

Similar Health and Safety Concerns Persist at Second and Cedar Area. The encampments in the area of Second and Cedar (Second between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth) have been equally challenging, staff intensive, unhealthy, and unsafe. From December 2021 through January 2024, the City’s operations at these encampments have included six deep cleaning efforts entailing:
● Removal of large accumulations of debris and trash from the public right-of-way; 14 Information gathered from City of Berkeley’s Police Transparency Hub, Calls for Service:
https://bpd-transparency-initiative-berkeleypd.hub.arcgis.com/pages/cfs-stats 15 This percentage reflects priority level 1 and 2 calls, indicating a high level of urgency. BPD categorizes calls from 1 being the most urgent to 9 being the least.

7 ● Removal of hazardous materials including syringes, human waste, rotting food, and soiled clothing and bedding;
● Removal of unsafe unpermitted structures;
● Treatment of rat harborages;
● Decontamination of City’s stormwater drainage system. 16 Calls for Service and Fire-Related Incidents for Second and Cedar Street Area are Comparable to Harrison Corridor, Averaging One Police Call Every 1.5 Days and One Fire Service Call Every 4.5 Days. In 2023, calls for service to both BPD and Berkeley Fire were as high, and in some cases higher, in the Cedar and Second Street area compared to the Harrison Corridor. In a document prepared for the state’s Encampment Resolution Fund-3 grant application, BPD noted: In 2023, calls for service jumped to 247 from 169 (+46 percent) from the previous year, and reported crimes rose to 69 from 60 (+15 percent). Commercial burglary was the most prevalent crime type, with 27 incidents reported. The data suggest a worsening safety situation, particularly around the Second Street encampments.17 Conditions in this area continue to deteriorate to this day. In the seven-month period from January 2024 through July 2024, there were a total of 234 police service calls, just shy of the 247 calls made for the entire 2023 calendar year. The total of 234 calls over a seven-month period is slightly more than one call per day, exceeding calls for service for the Harrison Corridor. Berkeley Fire noted at least 20 fires associated with the Cedar and Second encampment area in 2023 with one becoming a two-alarm fire requiring mutual aid. A total of seven different fire code violations have been associated with these encampments and include code violations related to outdoor storage of combustible materials, insufficient clearance from ignition sources, deliberate and/or negligent burning of combustible materials, unwanted fire ignitions, obstructed access to and insufficient clearance of fire hydrants.18 Figure 3: Calls for Service for Second and Cedar Street Area Encampments (12 months, Aug 1. 2023 - July 31, 2024)
Berkeley Police Department
Calls for Service
Total: 369 High Priority19: 33.1%
Berkeley Fire Department
Calls for Service
Total: 81 Types of Calls: 38 fire related
responses; 43 emergency medical
services responses
Source: BPD calls for service taken from the Berkeley Police Transparency Hub Calls for Service:
https://bpd-transparency-initiative-berkeleypd.hub.arcgis.com/pages/cfs-stats. BFD calls for service data collected and provided by BFD Fire Prevention Inspector.

Note: Calls are associated with the Second and Cedar Street area based on where the incident in question takes place.
16 City of Berkeley Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration, p. 4, attached.
17 City of Berkeley Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration, p. 1, attached.
18 City of Berkeley Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration, pp 20 - 29, attached
19 This percentage reflects priority level 1 and 2 calls, indicating a high level of urgency. BPD categorizes calls from 1 being the most urgent to 9 being the least.

8 City Has Made Significant Investment to Offer Shelter and Abate Hazards at Harrison Corridor Encampments . . . The City has a long history of providing a wide range of services for the residents of the Harrison Corridor encampments, including 107 shelter offers, with a 53 percent uptake rate. In February 2022, Alameda County Winter Shelter 28-day motel vouchers were provided to all individuals and included an 83 percent uptake rate, and three other partial closures for deep cleaning have occurred since that time. City staff conducted the following activities through August 31, 2023:
● Case Management and Engagement. Weekly by-name case conferences hosted by the Homeless Response Team and attended by relevant city and county agencies20; three community meetings (in May and July 2023) among City staff, residents, and advocates of the encampment to discuss resources and safety.”21
● Abating Rodent Harborage Conditions. Major nuisance abatement of rodent harborage conditions in October 2022 and subsequent multiple targeted treatments of the extensive network of rodent burrows by the City’s Environmental Health Division of the Health, Housing and Community Services Department; provision on numerous occasions of new tents and Sterilite tubs to help maintain cleaner and more rodent-proof conditions; ● Deep Cleanings and Trash Removal. Nine deep cleanings removing a total of 124.9 tons (249,800 pounds) of debris; placement of a dumpster on Eighth Street in April 2022 with service four times weekly, addition of a second dumpster on Seventh and Harrison in August 2023 also serviced four times weekly, and weekly illegal dumping removal service by the City’s Public Works Department; ● Basic Sanitation, including Portapotties, Handwashing Station, Weekly Showers and Laundry Services. Placement of two portapotties with wash station located at the corner of Eighth and Harrison Streets, serviced regularly; weekly free mobile shower and laundry service since June 2022.

City Offered All 23 Rooms at Campus Hotel (formerly Super 8) to Homeless Individuals Residing in the Harrison Corridor . . . In June 2023, the City of Berkeley was awarded $4.9M from the state’s Encampment Resolution Fund-2 grant program, which is currently being used to master lease the Campus Hotel (formerly Super 8) located at 1619 University Avenue. The transitional housing site is operated by Insight Housing, and includes meals, supportive services, and housing navigation services.

Unsheltered individuals residing in the Harrison Corridor were given priority for this site, with 34 people accessing the site to date and 18 individuals remaining from the Harrison Corridor, according to City staff.
20 Agencies include: Alameda County Healthcare for the Homeless; Berkeley’s Health, Housing and Community Services Department; Homeless Action Center; Bay Area Community Services (BACS); LifeLong Medical Care; East Bay Community Law Center; Options Recovery Services; Berkeley Mental Health; and Building Opportunities for Self-Sufficiency (BOSS). Alameda County’s Street Medicine Teams also had an intensive presence at the encampments accompanied by multiple other service providers including the homeless advocacy group Where Do We Go Berkeley; Consider the Homeless, which provides meals; and Berkeley Needle Exchange, which provides clean needles and substance use services.
21 City Manager Dee Williams-Ridly’s August 31, 2023 Off Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts, attached

9 . . . But Hazardous Harrison Corridor Encampments Continue to Persist. In a City Manager Feb. 20, 2024 off-agenda memo, staff wrote: “Despite having non-congregate shelter beds dedicated to this encampment, nearly every effort that the City has made to resolve portions of the encampment have been met with significant opposition and/or legal challenges.”22 Between August 2023 through December 2023, the City tried on four separate occasions to resolve encampments in the Harrison corridor in accordance with pending construction and maintenance projects and formally declaring the area as an imminent hazard resulting in an order for a summary abatement on the basis of public health and safety hazards but legal entanglements kept this from happening. During each of these efforts, offers of non-congregate shelter at the Campus Hotel and other available transitional housing at hotel sites preceded attempts to close and clean the encampment areas. In November 2023, the City installed temporary fencing designating the area a pending construction zone to repair and maintain City infrastructure, including sidewalks and street trees, but the fencing was soon breached and the area was re- encamped quickly.

To address the encampments in the Cedar and Second Street area, this past spring the City applied for another state Encampment Resolution Funds grant with the intent to master lease another motel for conversion to transitional housing for homeless individuals. As in the past, the City committed to matching any incoming dollars using Measure P funds. This potential new site would provide housing for another 26 individuals, have on-site services, meals, and housing navigation services. All of the rooms are intended to be prioritized for those living in the encampments in the Cedar and Second Street area.

Presence Of Encampments Yielding a High Rate of Police and Fire Calls for Service Impacts Safety of Nearby Residents, Workers, and Visitors and Is Detrimental to Business Operations. For many years, the District 1 Council office has received e-mail complaints about the hazardous street conditions in the Harrison Corridor and the Cedar and Second Street encampments areas. The Harrison Corridor is home to an electric range of businesses and organizations, including Fieldwork Brewing, Boichick Bagels bakery and storefront, Urban Adamah (a Jewish urban farm with programming for children and families), Harrison Skate Park and sports fields, Berkeley Repertory Theater Administrative Offices, Wilderness Travel Tour Agency, The Tile Shop, Blue Willow Teaspot, East Bay Tow Company, The Plant Library, United States Federal Detached Del Unit Post Office, Covenant Winery, Makers Workspace, Griffin Motorwerke and other automotive businesses, and several architecture and landscaping offices. The Cedar and Second Street area is home to manufacturing companies creating in-ground and above ground traffic detection systems, energy gels for endurance athletes, and AI-powered robotics. Industrial businesses in that area include construction companies, large equipment rentals, paper shredding, computer technology, glass installation, cutlery sharpening services, and automotive businesses.

Other businesses, such as landscaping, automotive companies and an active travel tour 22 City Manager Dee Williams-Ridly’s August 31, 2023 Off Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts, attached

10 company are also located in this area as are single family-homes and residences, starting on Fourth Street. Communications from residents, visitors, and workers in these two areas describe hazards and concerning interactions and behaviors, such as:
● Traffic and Pedestrian Safety. Tents and bulky structures protruding into lanes of traffic; and complete blockage of sidewalks on both sides of the street. ● Pest Control Issues. In July 2022, an organization in close proximity to the Harrison encampment reported rats in their buildings, and a considerable amount of resources expended in addressing pest control issues. The rats also climb into the parked cars and chew on the wiring causing thousands of dollars of damage to people’s cars.
● Fire-Related Concerns. In July 2024, a constituent reported a big dumpster fire that “spewed all kinds of toxic chemicals into the air,” settling onto their property where the operators were conducting outdoor summer programs. In May 2024, two fires in the Cedar and Second Street areas were classified as arson, according to Fire Chief David Sprague.23
Anecdotal Reports Describe Assaults and Other Dangerous Conditions. Residents and employees near the Harrison Corridor and Second and Cedar Street encampments report being chased, yelled at and threatened by encampment residents. One local business, right at the northeast corner of Ninth and Harrison, is familiar with all of the encampment residents due its location. One employee shared in 2022 that their security camera caught on film instances of vandalism: the same individual, an encampment resident at the time, was seen kicking side mirrors off nearby parked cars repeatedly over several days. One employee going to her 4 a.m. shift was robbed at gunpoint when coming to work (2020) while a business owner relayed how a customer was attacked by two people when driving down Eighth just north of Harrison: one stood in front of the car to block it while the other attempted to pull the woman out of her vehicle (2022). In 2021 the office received an email from a Berkeley based business outside of the Gilman District trying to make a delivery to a business at Ninth and Harrison:
“Yesterday, my driver told me that the guy threw a bottle of urine on our truck, then threw rocks, and lumber trying to break our windows of the truck. Only after my driver had to show some force and not back down (along with another homeless person helping my driver), did the occupant of the pictured tent leave and allow my driver to do his job.” More recently neighbors in the Cedar and Second Street encampment area wrote with a list of troubling behaviors they had recently witnessed:
● “Barely clothed woman, clearly impaired by drugs, exiting an RV on Cedar between railroad tracks and 4th street.
● Human feces just about anywhere you dare to look.
● Needles on sidewalks and in grass and bushes.
● Drug dealing.
● Infighting among the un-housed people, many times resulting in retaliatory arson. ● Trespassing
● A stabbing.”
23 District 1 e-mail communication with Fire Chief Sprague, May 2024.

11 The above examples represent a small fraction of the myriad stories shared with the District 1 Council office. For years, stakeholders in these two areas of West Berkeley have lived and worked alongside a host of dangerous public health and safety hazards.

FISCAL IMPACT
It is expected that implementation of this encampment policy will result in no net change in staff time.

CONTACT
Rashi Kesarwani, Councilmember District 1 (510) 981-7110 Attachments:
1) Amendments to Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks
2) Administration Regulation 10.1 Temporary Storage of Unattended Property 3) Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120
4) City Manager Dee Williams-Ridley’s August 31, 2023 Off-Agenda Memo: Nuisance Declaration and Summary Abatement of Conditions on Harrison St, found in her Off Agenda Memo of February 20, 2024: Eighth St and Harrison St Encampment Efforts 5) 2nd and Cedar Street, Jones and Page Street encampment map 6) CoB Fire Police and Environmental Health - Evidence of Cross Jurisdictional Collaboration
7) City Manager’s September 30, 2021 After Action Report: Harrison Street Corridor RV Operation
8) Second Street Deep Cleaning - After Action Reports: December 2, 2021 9) Second Street Deep Cleaning - After Action Report April 19, 2022 10) Second Street and Page Encampment Closure - After Action Report November 30, 2022
11) East Side of Page at Second Partial Closure, and Second Street Deep Cleaning Between Cedar and Page - After Action Report March 22, 2023; 12) Second Street Between Page and Cedar, and on Page Street East of Second Street Deep Cleaning - After Action Report May 9, 2023

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

Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods WHEREAS, offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness; and
WHEREAS, the City of Berkeley expresses its continued commitment to a Housing First approach, in which we recognize that people experiencing homelessness must first be able to access a decent, safe place to live before stabilizing, improving health, reducing harmful behaviors, or increasing income; and
WHEREAS, in 2018, Berkeley voters approved an increase in the real estate transfer tax for the top third of real estate transactions to augment General Fund resources available for homeless services, known as Measure P, which has helped to fund transitional housing motels Berkeley Inn and Campus Hotel (formerly Super 8) and permanent supportive housing sites Golden Bear Homes, The Rodeway Inn, and Step-Up Housing (under construction), and will be considered by the voters for extension in November 2024 as Measure W; and
WHEREAS, from 2022 to 2024, the City saw a dramatic 45 percent reduction in street homelessness corresponding with a 54 percent increase in sheltered homelessness, and an overall 21 percent reduction in homelessness, illustrating that the provision of transitional and permanent supportive housing can successfully reduce overall homelessness; and WHEREAS, in 2018, the Ninth Circuit Court of Appeals ruled in Martin v. City of Boise that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property,” which required the City of Berkeley to make a shelter offer in all circumstances; and WHEREAS, the recent Supreme Court decision in Grants Pass v. Johnson overturns the Martin standard, thus giving cities like Berkeley the authority to set a more nuanced encampment policy that considers exigent circumstances of fire, health, and nuisance abatement pursuant to the Berkeley Municipal Code; and
WHEREAS, certain encampments have persisted, such as the encampments in the Harrison Corridor (between Ninth and Seventh Streets and Eighth Street north of Harrison), and the Second and Cedar Area (Cedar between Eastshore and Fourth, and Second between Page and Cedar and on Page and Jones west of Fourth), despite documented fire, environmental health, and nuisance hazards as defined in the Berkeley Municipal Code and ongoing exhaustive City staff efforts to offer shelter when available and abate hazards; and WHEREAS, City staff have provided extensive services for individuals sheltering in the Harrison Corridor area, including reserving the 23 rooms at the Campus Hotel (formerly Super 8) for residents of the Harrison corridor. City staff have also provided case management and engagement, abatement of rodent harborage conditions, deep cleaning

13 and trash removal four times per week, and basic sanitation services including portapotties, a handwashing station, weekly showers, and laundry services; and WHEREAS, calls for Berkeley Police and Fire service are exceedingly high at both encampment areas with Berkeley Police calls for service at the Harrison encampment during 12 months (August 1, 2023 - July 31, 2024) totaling 252 and at Cedar and Second Streets encampment totaling 369—on average one call every day to day-and-a-half— and calls for Berkeley Fire service totaling 78 and 81, for each encampment respectively, during that same timeframe, with safety impacts for nearby residents, workers, and visitors and detrimental impacts on business operations.

NOW THEREFORE, BE IT RESOLVED that the City of Berkeley will continue to offer interim housing (generally a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government; BE IT FURTHER RESOLVED, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances:
● The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, BMC Chapter

19.48; or
● The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
● The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or ● The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or ● The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section

13.36.045; or
● The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.

BE IT FURTHER RESOLVED, the City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e); or citation and arrest, even if a shelter offer cannot be made.

BE IT FURTHER RESOLVED, that the City Council determines that the Harrison Corridor (Harrison Street between Ninth and Seventh Streets, including Eighth Street north of Harrison) and the Second and Cedar area (Second Street between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth) meet all six health and safety exceptions as proscribed by the above-stated policy and should therefore be prioritized for enforcement.

ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 14.48
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 14.48 is amended as follows:

Chapter 14.48

MISCELLANEOUS USE OF STREETS AND SIDEWALKS
Sections:

14.48.010 One-way streets.

14.48.020 Obstructions on streets and sidewalks.

14.48.030 Objects in transit.

14.48.040 Construction materials and barricades.

14.48.050 Trees and shrubs.

14.48.060 Poles, hydrants, signs, etc.

14.48.070 Bicycle racks.

14.48.080 Bus benches and bus shelters.

14.48.090 Mail boxes and armed forces recruiting signs.

14.48.100 Newspaper racks and newspapers.

14.48.110 Authorized retail displays.

14.48.120 Temporary Noncommercial Objects.

14.48.130 Decorative noncommercial installations.

14.48.140 Public telephones.

14.48.150 Sidewalk seating, benches and planters.

14.48.160 Removal of obstructions on streets and sidewalks.

14.48.170 Use of streets and sidewalks by vendors.

14.48.180 Trap doors in sidewalks.

14.48.190 Parklets.

14.48.010 One-way streets.

The City Traffic Engineer is authorized and directed to suitably indicate by appropriate signs those streets or portion of streets designated by resolution of the Council as one-way streets.

14.48.020 Obstructions on streets and sidewalks.

It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager and adopted by the City Council.

For purposes of this Chapter, Sidewalk is defined as provided in BMC Section 1.04.010(18) as that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. Parklet is defined as provided in BMC Section 14.48.190(B)(4).

14.48.030 Objects in transit.

Goods, wares, merchandise, containers, furniture, suitcases and other similar objects in the immediate custody and control of individuals readily able to move or remove such objects may be allowed on the outer one-third of the sidewalk for up to one hour while in the actual course of receipt, delivery, transport, transit or removal.

14.48.040 Construction materials and barricades.

Materials used in the construction or repair of any building or structure, together with the necessary pedestrian walkways, barricades and warning signs, when required permits have been obtained from the City.

14.48.050 Trees and shrubs.

Trees, shrubs and flowers with the necessary barricades when planted or maintained by the City, or by private parties when expressly allowed by Council action or by the City Manager.

14.48.060 Poles, hydrants, signs, etc.

Poles, fire and police boxes, lamp posts, parking, street directional or warning signs, parking meters, drinking fountains, poster kiosks, hydrants, flag poles or standards, decorations for public events, sidewalk clocks, refuse cans, book return receptacles, barriers and any other similar installation; provided, however, that any such installation belongs to the City or is authorized by Council action.

14.48.070 Bicycle racks.

Bicycle racks of a type and at locations approved by and under such conditions as may be imposed by the City Manager.

14.48.080 Bus benches and bus shelters.

Bus benches and bus shelters at such locations and in accordance with such rules and regulations as may be prescribed by the City Manager.

14.48.090 Mail boxes and armed forces recruiting signs.

Mail boxes and armed forces recruiting signs that are placed in such locations that they do not interfere with the normal use of the sidewalk by pedestrians.

14.48.100 Newspaper racks and newspapers.

Newspaper racks which are installed and maintained in accordance with Chapter 16.40 or Chapter 16.44 of the Berkeley Municipal Code.

14.48.110 Authorized retail displays.

Objects such as, but not limited to, tables, chairs, umbrellas and canopies that are permitted pursuant to Chapter 9.48.

14.48.120 Temporary Noncommercial Objects.

A.  Temporary Noncommercial Objects ("TNC Objects") are personal belongings:

1.  In the immediate custody and control of a person or persons at substantially all times;

2.  Not offered for sale or exchange or involved in the solicitation of money for immediate payment;

3.  Not otherwise prohibited and of a size, weight and quantity that can be easily moved by the owner.

4.  Not furniture. Furniture is only allowed pursuant to BMC Chapter 9.48 or pursuant to BMC § 14.48.030 Objects in Transit.

The City Manager may adopt regulations specifying what TNC Objects may be permitted under this Section and where such TNC Objects may be permitted, as well as procedures and limitations to implement this Section. Any such regulation shall contain provisions and shall be applied in such a manner as to ensure that it does not deprive any person of rights protected by the state or federal constitutions, including freedom of expression, and any size limitation contained therein shall not apply to dogs, or to limited cushioning material being used to sit on such as, but not limited to, blankets, cushions or mats. Regulations adopted by the City Manager under this Section shall not take effect until they have been presented to the City Council for approval at a regularly scheduled meeting.

B.  After approval by the City Council, tThe City Manager shall ensure that regulations adopted pursuant to this Section are publicized in a manner substantially equivalent to the manner in which ordinances are published, and that materials summarizing such regulations are available for dissemination in Commercial and Manufacturing zones. The City may also post fixed signage in Commercial and Manufacturing zones informing the public of such regulations.

C.  No person may be cited for a violation of this Section or the regulations adopted pursuant to it unless that person has first been warned that their conduct is in violation hereof, is allowed a reasonable opportunity to comply but refuses to do so.

D.  Violations of this Section or City Manager regulations adopted pursuant to this Section shall be charged as infractions, and not as misdemeanors.

14.48.130 Decorative noncommercial installations.

Decorative noncommercial installations subject to the following regulations and requirements:

A.  At least six feet of improved sidewalk area measured at right angles to the curb shall be kept open and unobstructed.

B.  Such decorative noncommercial installations shall be placed and maintained in the portion of the sidewalk area farthest from the curb; provided, however, that subject to all other conditions herein specified, such installations may be placed and maintained in the portion of the sidewalk area adjacent to the curb if such installations will not interfere with access to or from any parked vehicle and are:

1.  Not closer than twenty-five feet to any curb return or fire hydrant;

2.  Not located adjacent to any commercial or passenger loading zone;

3.  Not closer to the curb than eighteen inches;

4.  Not affixed to any City or utility company-owned poles or appurtenances;

5.  Not mounted in or affixed to the sidewalk;

6.  Not inconsistent with safety, development in the area, or other decorative noncommercial installations.

C.  No decorative noncommercial installation shall be placed or maintained in the sidewalk area without a permit therefor. Application for such permit shall be made to the office of the City Manager, who may require as part of the application such information as may be deemed necessary to determine compliance with this Section and other applicable laws and regulations, including but not limited to a scaled site plan, signature of the fronting property owner and permittee, and agreement to indemnify the City as specified in Subsection D. The application shall be referred to the Public Works Department and the Civic Art Commission for review to determine that it is in the public interest to grant the permit, and that the granting thereof will not be detrimental to the public health, safety or general welfare. The permit shall not be granted without the approval of both the Public Works Department and the Civic Art Commission. If such approval is given and the City Manager concurs, the permit shall be granted subject to the conditions hereinabove set forth, and such additional conditions as may reasonably be imposed.

Such permit shall be subject to revocation by the City Manager without cause; the decorative noncommercial installation for which the permit has been given shall be removed within ten days after notice.

D.  Anyone granted a permit for a decorative noncommercial installation shall agree to indemnify and hold harmless the City, its officers and employees of and from any and all claims, damages or suits that may arise or in any way be occasioned by the granting of the permit or the maintenance of the decorative noncommercial installation permitted thereby.

1.  The permittee shall carry liability insurance in the amount of $500,000.

E.  For purposes of this Chapter, "Decorative Noncommercial Installations" shall include but are not limited to artwork, planters, and other objects that are placed within the public right-of-way by a private party for the purpose of decoration in a residential, commercial, or industrial district, not for the purpose of advertising, commerce or other economic benefit.

F.  Decorative Noncommercial Installations that are not permitted under this Section are prohibited encroachments under 16.18 and shall constitute a public nuisance subject to the remedies in Chapter 1.26.

G.  The City Council may by resolution establish fees for the implementation and administration of this Section.

14.48.140 Public telephones.

Telephones for public use of a type and at locations approved by and under such conditions as may be imposed by the City Manager.

14.48.150 Sidewalk seating, benches and planters.

A.  Notwithstanding anything to the contrary in this Chapter, the City of Berkeley Engineering Division of the Department of Public Works, or its successor, may approve Sidewalk Seating, Benches and/or Planters on sidewalks, parking lanes, street areas, and other public right of way locations as set forth in, and in compliance with, this Section.

1.  No permit may be issued under this Section for any sidewalk area in front of a single parcel if there are any current violations of this Chapter in that sidewalk area.

2.  A permit for Sidewalk Seating, Benches and/or Planters may not be issued unless the business for which the Sidewalk Seating, Benches and/or Planters is/are proposed is in full compliance with Title 23 and any Permit issued thereunder.

3.  Sidewalk Seating and Outdoor Commerce shall require a Sidewalk Seating engineering permit, renewed annually.

4.  Businesses conducting Outdoor Commerce in a parking lane shall additionally pay an annual Outdoor Commerce Use Fee in exchange for using public parking spaces for business operations.

5.  Sidewalk Seating shall be permitted in any area of the public right-of-way if City Staff makes a finding that the use of the right-of-way for Sidewalk Seating purposes does not create a dangerous condition for customers, pedestrians, or bicycle or motor vehicle traffic.

City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate.

6.  Upon termination of any declared City emergency, any Sidewalk Seating present in the public right-of-way and not on the sidewalk shall within (365) days of date of termination either obtain a valid Sidewalk Seating Engineering Permit and pay the Outdoor Commerce Use Fee or be removed from the public right-of-way.

B.  For purposes of this Chapter, the following terms shall be defined as follows:

1.  "Bench" means a seat designed for two or more persons.

2.  "Block Face" means one side of one block, e.g., the north side of Center Street between Milvia Street and Shattuck Avenue.

3.  "Bus Bench" means a bench installed and maintained under an agreement between the City, A.C. Transit and Lamar Transit Advertising or another public or semi-public transit provider.

4.  "Commercial Establishment" means, but is not limited to, a place where Business Activity is established. Business activity is defined as any activity subject to BMC Chapter

9.04 and any economic activity which generates receipts but is exempt from BMC Chapter

9.04 by state or federal law.

5.  "District-wide Sidewalk Bench/Planter Area Plan" means a City-approved plan for a specific commercial district as defined in said plan that establishes area-specific regulations for benches, planters and/or plant material, and establishes general regulations for the placement of benches and planters in the public right-of-way, for the designated district.

6.  "District-wide Sidewalk Seating Area Plan" means a City-approved plan for a specific commercial district as defined in said plan that establishes area-specific regulations for sidewalk seating, and establishes general regulations for the placement of sidewalk seating in the public right-of-way, for the designated district.

7.  "Food Service Establishment" has the same meaning as set forth in BMC Chapter 23F.04.

8.  "Furniture" means amenities such as but not limited to tables, chairs, benches, and other equipment that facilitates the stationary use of sidewalk, parking lanes, street area, and other public right of way spaces.

9.  "Outdoor Commerce" means Sidewalk Seating in the public right of way.

10.  "Outdoor Commerce Use Fee" means an annual fee for the use of the parking lane for Sidewalk Seating.

11.  "Planter" means a container that is designed or used for growing plants.

12.  "Parking Lane" and "Street Area" are considered to be part of the Public right-of-way (PROW), known as, "any public street, public way, public place or rights-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by City and any privately-owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City." as defined in BMC 23F.04.010.

13.  "Sidewalk" has the same meaning as set forth in BMC 1.04.010(18).

14.  "Sidewalk Seating" means tables and/or chairs (including benches) and, umbrellas and other associated furniture with lawfully operating Food Service Establishments or other commercial establishments, in or on the sidewalk. "Sidewalk Seating" includes seating and associated furniture in the public right-of-way or resting on, or projecting into, the sidewalk, parking lane, or street area, or any combination thereof which are not physically or structurally attached to a building, retaining wall or fence.

15.  "Transit Stop" means an AC Transit bus stop, UC Berkeley bus stop, a paratransit bus stop, Bay Area Rapid Transit station entrance, or another public transit provider.

16.  "Window Box Planter" means a box, designed to hold soil for growing plants, attached at or on a windowsill.

C.  Sidewalk Seating, Benches and Planters shall fully conform to the following requirements of this subdivision:

1.  Any object permitted under this Section shall leave a minimum horizontal clear space of six feet for ADA-compliant path of travel, (or reduce to 5 feet at a single point of contact) or such greater (or smaller) amount of clear space as the Engineering Division finds necessary to protect and enhance pedestrian and vehicle traffic for public use in the sidewalk area, as that space is determined by the City of Berkeley Engineering Division of the Department of Public Works, or its successor.

2.  Objects permitted under this Section shall not:

(a)  Unduly interfere with access by public employees and utility workers to meters, fire hydrants or other objects (street hardware) in the right-of-way; (b)  Block or obstruct the view of necessary authorized traffic devices; (c)  Unduly interfere with pedestrian traffic in the public ROW/sidewalk, pedestrian safety, access to public or private parking, traffic circulation, and/or vehicular safety; (d)  Be closer than 25 feet to any curb return or fire hydrant; except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, Sidewalk Seating, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshal as appropriate; (e)  Be affixed to any City or utility company-owned poles or appurtenances;

3.  All sidewalk seating shall be subject to the following additional standards and requirements:
(a)  All Sidewalk Seating configurations shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards.
(b)  All Sidewalk Seating components shall be stored in a secure location when not in use.
(c)  The permittee shall regularly inspect and clean the Sidewalk Seating and that portion of the public sidewalk adjacent to the establishment. A waste receptacle shall be provided.

4.  All benches and planters shall be subject to the following additional standards and requirements:
(a)  All proposals shall comply to the greatest extent possible with any design requirements adopted by the City for benches, planters and/or plant material.

D.  All permits issued under this Section shall be subject to the following conditions:

1.  The permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of the area affected by any object(s) permitted by this Section, including any design requirements hereafter enacted, from the building frontage to the curb, parking lane, or street area.

2.  The permittee shall restrict any objects permitted under this Section to the approved location(s) and configuration, and ensure compliance with all applicable laws, and the

number of tables and chairs shall not be increased without prior approval of the Public Works or Public Health Department.

3.  When any objects permitted under this Section are found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any existing or proposed City design plans, those objects shall, upon written demand of the City Manager or their designee, be removed or relocated in such a way as to eliminate the conflict. Should the permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the placement at the expense of the permittee. Any such non-compliance shall also be a violation of this Section.

4.  Permits issued under the Section shall be posted in plain view within the commercial establishment for which the permit has been issued along with any other relevant permits that support health and safety of patrons and the general public.

5.  By accepting a permit under this Section, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee’s installation, operation, maintenance or removal of Sidewalk Seating, Furniture, Benches and/or Planters.

6.  Prior to permit approval, the permittee shall demonstrate possession of liability insurance in the amount of $1,000,000 for Benches and Planters, and related Sidewalk Seating furniture. Said insurance shall name the City of Berkeley as additionally insured and shall be in a form acceptable to the City Attorney.

7.  The permittee shall monitor and control the use of the Sidewalk Seating so as to prevent disturbance of the surrounding neighborhood.

8.  A food service establishment that proposes to serve alcoholic beverages within an outdoor dining area shall comply with the standards established by the State of California Department of Alcoholic Beverage Control. The dining area shall be:
(a)  Physically defined and clearly part of the commercial establishment it serves; and (b)  Supervised by a commercial establishment employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

E.  Permits under this Section are not transferable, and must be renewed annually.

F.  Sidewalk Seating, Benches, Furniture, and/or Planters that are not permitted under this Section are prohibited encroachments under Chapter 16.18, and shall constitute public nuisances subject to the remedies in Chapter 1.26.

G.  The City Council may by resolution establish or waive fees for the implementation and administration of this Section. Outdoor Commerce Use Fees shall be equivalent to the expected block face parking revenue from the parking spaces used by the permittee, and shall be treated as Parking Meter Fund revenue.

14.48.160 Removal of obstructions on streets and sidewalks.

Anything placed or permitted to remain upon any sidewalk or roadway in violation of this Chapter, is declared to constitute a nuisance and the City is authorized and empowered to abate such nuisance by removing the same to the custodian of lost property in the Police Department or the Corporation Yard of the City, or other location designated by the City.

14.48.170 Use of streets and sidewalks by vendors.

Any properly licensed vendor may use the public streets of the City in commercial or industrial zones for the sale of goods, wares, merchandise, or food when conducted under the conditions stated in this section.

A.  Sidewalk vending is permitted as regulated by Chapter 9.48 of the Berkeley Municipal Code.

B.  Other street vending is permitted from vehicles which are lawfully parked upon streets which are not regulated by parking meters or other posted parking time limits.

C.  It is unlawful for any person to vend in violation of this section.

14.48.180 Trap doors in sidewalks.

A.  Trap doors in sidewalks used to cover an opening for an elevator, stairway or chute must be kept in such a condition that they will not endanger persons or property, and it is unlawful for any person owning or being in charge or control of any such doors in sidewalks used for covering entrances to elevators, stairways or chutes, or other openings in the sidewalk leading to the basement, to allow said doors to remain open, except when such elevator, stairway or chute is being used and monitored for pedestrian safety while loading or unloading or transferring of merchandise or material.

B.  The requirements of this section shall be in addition to and not in lieu of any other ordinance of the City having to do with doors or other openings in sidewalks.

14.48.190 Parklets.

A.  Notwithstanding anything to the contrary in this Chapter, the City of Berkeley Engineering Division of the Department of Public Works, or its successor, may approve Parklets, Benches and/or Planters in the public right of way (excluding Sidewalks alone, which are subject to and governed by Section 14.48.200) as set forth in, and in compliance with, this Section.

1.  No permit may be issued under this Section for any right-of-way area in front of a single parcel if there are any current violations of this Chapter in that right-of-way area.

2.  A permit for a Parklet may not be issued unless the parklet Host is in full compliance with all applicable requirements of Title 23 and any Permit issued thereunder.

3.  A permit for a Parklet may only be issued adjacent to parcels in the following zoning districts: all Commercial (C-prefixed districts), Mixed-Use Light Industrial (MU-LI), Mixed- Use Residential (MU-R), and Mixed Manufacturing (MM).

B.  For purposes of this Chapter, the following terms shall be defined as follows:

1.  "Bench" means a seat designed for two or more persons.

2.  "Bike Parking" means a location with bike racks intended for the secure parking of bicycles.

3.  "Furniture" means amenities such as but not limited to tables, chairs, benches, and other equipment that facilitates the stationary use of public space.

4.  "Parklet" means a platform or similar level surface extending into the public right of way with amenities such as but not limited to tables and/or chairs (including Benches), Bike Parking, and umbrellas, designated as public space, located in or on the public right-of-way or resting on, or projecting into, the sidewalk and parking area, which are not physically or structurally attached to a building, retaining wall or fence. Platforms that meet this definition but have received a Sidewalk Seating Permit pursuant to BMC Section 14.48.150 shall not be considered Parklets.

5.  "Planter" means a container that is designed or used for growing plants.

6.  "Sidewalk" has the same meaning as set forth in Section 1.04.010(18).

7.  "Sponsoring Business", "Host", "Permit Holder" or "Permittee" means, and is limited to, any establishment engaged in insuring and caring for the Parklet as set forth in the Parklet maintenance agreement.

8.  "Transit Stop" means an AC Transit bus stop, UC Berkeley bus stop, a paratransit bus stop, Bay Area Rapid Transit station entrance, or another public transit provider.

C.  Parklets, Benches and Planters shall fully conform to the following requirements of this subdivision:

1.  Any object permitted under this Section shall leave a minimum of clear space as the Engineering Division finds necessary to protect and enhance pedestrian or vehicle traffic for public use in and around the Parklet area, as that space is determined by the City of Berkeley Engineering Division of the Department of Public Works, or its successor.

2.  Parklets shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards.

3.  Objects permitted under this Section shall not:
(a)  Unduly interfere with access by public employees and utility workers to meters, fire hydrants or other objects (street hardware) in the right-of-way; (b)  Block or obstruct the view of necessary authorized traffic devices; (c)  Unduly interfere with pedestrian traffic in the right-of-way, including the Sidewalk, pedestrian safety, traffic circulation, and/or vehicular safety; (d)  Be closer than 25 feet to any curb return or fire hydrant; except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, a parklet, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate; (e)  Be affixed to any City or utility company-owned poles or appurtenances; (f)  The width of the Parklet must not extend beyond six feet from the curb line, except in such cases where the geometry of the roadway has been designed to accommodate, or will accommodate, a Parklet, as determined by City staff. City staff will be defined as the Traffic Engineer, City Engineer, or Fire Marshall as appropriate.

4.  All Parklets shall be subject to the following additional standards and requirements:
(a)  Parklets must remain publicly accessible and must include signage posted on site to this effect;

(b)  Parklet construction materials must be of high quality, durable, and suitable for public use;
(c)  A visible edge to the Parklet is required, which may consist of Planters, railing, or cabling. The edges should be visually permeable;
(d)  The Permittee shall regularly inspect and clean the Parklet and that portion of the public sidewalk adjacent to the Parklet;
(e)  Access panels must be included in order to maintain the gutter and area underneath the Parklet and the design must allow for drainage along the gutter to pass underneath the Parklet;
(f)  Safe hit posts and wheel stops, or approved equivalents, may be required. If Bike Parking is provided, the bike racks can be at street grade;

5.  All Benches, Furniture, and Planters within the Parklet shall be subject to the following additional standards and requirements:
(a)  All proposals shall comply with any design requirements adopted by the City for Benches, Planters and/or plant material;
(b)  All non-secured Parklet components shall be stored in a secure location on private property when not in use;
(c)  Any unsecured Furniture must be clearly different from the Furniture used by a Parklet Host in order to emphasize that the Parklet is public space, as determined by City staff;
D.  All permits issued under this Section shall be subject to the following conditions:

1.  The Permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of the area affected by any object(s) permitted by this Section, including any design requirements hereafter enacted, from the building frontage to the right-of-way, including the Parklet area.

2.  The Permittee shall restrict any objects permitted under this Section to the approved location(s) and configuration, ensure compliance with all applicable laws, and the number and configuration of Benches, Furniture and Planters and overall square footage of the Parklet shall not be modified without prior approval of the Public Works Department.

3.  When any objects permitted under this Section are found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any

existing or proposed City design plans, those objects shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict, at the sole expense of the Permittee. Should the Permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the placement at the expense of the Permittee. Any such non-compliance shall also be a violation of this Section.

4.  Permits issued under the Section, when under review prior to issuance shall be posted in plain view within the sponsoring establishment(s) for which the permit has been issued.

Public notice, permitting, and appeal for Parklets are set forth in BMC Section 16.18.060 (Permit procedure for minor encroachment) of the Berkeley Municipal Code. Section D(4) is not applicable in cases of declared local emergency due to disease outbreak. Upon termination of a declared local emergency due to disease outbreak within 365 days, a permittee must:
(a)  pay the permit fee for a minor encroachment and comply with all the requirements of this Section and Section 16.18.060, except that public notice requirements shall not be required; or
(b)  apply for a Sidewalk Seating Permit pursuant to BMC Section 14.48.150, and pay initial annual outdoor commerce use fee (the application permit fee for transitioning permits will be waived); or
(c)  remove the Parklet from the public right-of-way.

5.  By accepting a permit under this Section, the Permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the Permittee’s installation, operation, maintenance or removal of the Parklet, Benches and/or Planters.

6.  Prior to permit approval, the Permittee shall demonstrate possession of liability insurance, in the amount not less than $1,000,000, for the Parklet including any associated Benches, Planters and Furniture. Said insurance shall name the City of Berkeley as an additional insured and shall be in a form acceptable to the City Attorney.

7.  The City Manager or their designee may require a performance bond to ensure Parklet removal in the event of a permit cancellation.

8.  The Permittee shall monitor and control the use of the Parklet to prevent disturbance of the surrounding neighborhood.

9.  A Sponsoring Business or other business is not permitted to perform table service at a Parklet or otherwise incorporate a Parklet into its business operations. Section D(9) is not applicable in cases of declared local emergency due to disease outbreak.

10.  Commercial signage, smoking, and advertising are prohibited at Parklets.

E.  Parklets, Benches and/or Planters that are not permitted under this Section are prohibited encroachments under Chapter 16.18, and shall constitute public nuisances subject to the remedies in Chapter 1.26.

F.  The City Council may by resolution establish or waive fees and guidelines for the implementation and administration of this Section.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

CITY OF BERKELEY

ADMINISTRATIVE REGULATION
A.R. NUMBER:

ORIGINAL DATE

POSTED DATE
PAGE 1 OF 4
Subject: Regulating Temporary Non-Commercial Objects on Sidewalks and in Parklets, Pursuant to BMC§ 14.48.120

PURPOSE

10.2 11/13/18
PAGES
This Regulation is intended to protect the City's substantial interests in access and safety on Sidewalks and Parklets for pedestrians and for persons with disabilities, aesthetically pleasing streetscapes, and vital commercial areas, all of which are critical to the City's economic and social well-being, in a manner consistent with the United States and California Constitutions, including the First, Fourth, Eighth, and Fourteenth Amendments.

This Regulation provides policy and procedures regarding placing Temporary Noncommercial (TNC) Objects on Sidewalks and Parklets, pursuant to Berkeley Municipal Code (BMC) §

14.48.120.

DEFINITIONS
"BART Access Corridor" is a Sidewalk, including a wide plaza area, on the same side of the street as a BART Station entrance, within 25 feet of such. entrance. In the downtown area, the BART Access Corridor includes all sidewalk and plaza areas on the west side of Shattuck Avenue from Addison Street to Allston Way.
"Parklet" is defined as provided in BMC § 14.48.190.
"Path of Travel" is defined as:
• For Sidewalks which measure less than fourteen (14) feet in width, the Path of Travel is six (6) feet wide; this 6-foot wide strip is parallel to the curb and the sides of this strip are equidistant from the curb edge of the sidewalk and the edge of private property abutting such sidewalk.
• For Sidewalks which measure 14 feet or greater in width, the Path of Travel is ten (10) feet wide; This 10-foot strip is parallel to the curb and the sides of this strip are equidistant from the curb edge of the sidewalk and the edge of private property abutting such sidewalk.
"Sidewalk" is defined as provided in BMC§ 1.04.010(18) as that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. "TNC Objects" are defined as provided in BMC § 14.48.120 as personal belongings:

1. In the immediate custody and control of a person or persons at substantially all times; 11/26/18

A.R. NUMBER: 10.2 PAGE 2 of 4 PAGES

2. Not offered for sale or exchange or involved in the solicitation of money for immediate payment;

3. Not otherwise prohibited and of a size, weight and quantity that can be easily moved by the owner.

4. Not furniture. Furniture is only allowed pursuant to BMC Chapter 9.48 or pursuant to BMC§ 14.48.030 for Objects in Transit or BMC § 14.48.150 for Sidewalk Cafe permits and City-installed furniture.

POLICY
A. Objects Subject to this Regulation
This Regulation applies to all Temporary Noncommercial (TNC) Objects. It does not apply to leafleting, hawking, peddling and similar activities to the extent those activities do not involve the placement of physical objects on the Sidewalk, or to TNC or other objects expressly permitted by the Berkeley Municipal Code.

B. TNC Objects Exempt from this Regulation:

The following categories of TNC Objects are exempt from this Regulation:

1. Mobility devices in use by pedestrians or individuals in wheelchairs; or

2. Blankets, cushions, mats, or other material providing cushioning ("Cushioning Material") while an individual is seated on such an item, which does not expand beyond 2' x 2' in size and is outside of the Path of Travel.

C. Time and Location Requirements for TNC Objects

1. TNC Objects - Residential Districts:

TNC Objects are prohibited on Sidewalks in Residential Districts, except Objects in Transit pursuant to BMC § 14.48.030 or as otherwise specifically authorized by the BMC.

2. TNC Objects - Commercial and Manufacturing Districts a. TNC Objects shall not be left unattended for more than 2 hours. b. TNC Objects may not be placed in Parklets.
c. TNC Objects must not interfere with access to and use of driveways, crosswalks, bus benches, bus stops, transit stops, bicycle racks, fire hydrants, faucet bibs,

A.R. NUMBER: 10.2 PAGE 3 of 4 PAGES
utility boxes, public art installations, mailboxes, A TM machines, embedded trap doors, parking meters, parking payment machines, refuse or recycling cans, or pursuant to a City permit, construction materials, newspaper racks, or sidewalk cafe seating.
d. TNC Objects may not be placed in a location that interferes with access for individuals with disabilities such as curb and wheelchair ramps, or other features for disability access.
e. TNC Objects may not be placed in a location where they would obstruct, restrict, or hinder visibility of traffic devices or signs.
f. TNC Objects may not be placed at or adjacent to any blue or white curb. g. TNC Objects may not be placed on a Sidewalk directly in front or within three feet of either side of a building entrance, from the building face to the curb edge of the Sidewalk, except between the hours of 10:00 p.m. and 7:00 a.m., if the building entrance will not be used during that period (i.e., not an apartment building entrance where people may be expected to enter and exit 24/7, and not the entrance to a restaurant or business that is open for customers or deliveries). h. TNC Objects may not be placed within a BART Access Corridor, except objects in transit per 14.48.030 and other objects expressly allowed by the BMC.

D. ENFORCEMENT PROCEDURES
To the extent possible, given resources, the initial outreach may be made by homeless outreach staff; management and/or enforcement of TNC Objects may be initiated by Code Enforcement and/or Public Works staff.

To further implement BMC§§ 14.48.120(C) and (D), the City hereby adopts the following procedures:

1. If TNC Objects or Cushioning Material are located within the Path of Travel or in a BART Access Corridor, they must be immediately moved out of the Path of Travel or BART Access Corridor by their owner upon request of the enforcement officer. Should TNC objects not be immediately moved, such objects can be removed and stored by the City pursuant to BMC § 14.48.160 and Administrative Regulation 10.1, and/or a citation may be issued.

2. For TNC Objects or accumulations of TNC Objects, enforcement of this Regulation shall be a low priority, except when:
• TNC Objects have been in the same approximate location for 24 hours or more,

A.R. NUMBER: 10.2 PAGE 4 of 4 PAGES
• More than two accumulations of TNC Objects occupy a single blockface, or • TNC Objects pose a significant risk to health or safety. • Within 600 feet of a K-12 public or private school with 25 or more students located in a residential district.

Enforcement officers may:
• Request that TNC Objects be reduced to a 9-square-foot footprint (measured as 3' x 3', 4' x 2.25', 9' x 1 ', etc.) and/or less than 5 feet in height, • Request that TNC Objects be moved to another location, • Subject to the notice requirements below, remove and store TNC Objects pursuant to BMC § 14.48.160 and Administrative Regulation 10.1, or • Issue an administrative citiation or infraction.

3. Except in the case of a significant health or safety risk:

Prior to removal of TNC Objects, 24 hour written notice of intent to remove TNC Objects shall be provided, either by attaching such notice to, or directly adjacent to, such TNC Objects, or by providing notice to the owner.

Removal of TNC Objects is a low priority between 10:00 p.m. and 7:00 am.

INTERPRETATION
This Regulation is intended to be consistent with the United States and California constitutions, and in the event a patent or latent ambiguity in this Chapter requires interpretation by the City or a Court, such interpretation shall, to the extent permissible, be consistent with relevant constitutional provisions.

RESPONSIBLE DEPARTMENT: Approved by:

City Manager
BERKELEY CITY COUNCIL on October 16, 2018
TO BE REVISED:

As needed

ADDENDUM TO ADMINSTRATIVE REGULATION 10.2
In addition to the requirements in Administrative Regulation 10.2, this addendum to Administrative Rule ("AR") 10.2 clarifies an ambiguity in the enforcement provisions therein. AR

10.2 Section D provides: " ... enforcement of TNC Objects may be initiated by Code Enforcement and/or Public Works staff." While the Berkeley Police Department is not mentioned in this enforcement provision, it is not specifically excluded either, and has independent authority to enforce BMC 14.48.020. Other City staff either do not have the authority to issue an infraction citation or do not have the requisite training and experience to do so. Therefore, police officers will also will be needed to help enforce BMC

14.48.020/14.48.120.

In light of the above, clarification is needed that police officers are authorized to help enforce BMC 14.48.020 / 14.48.120 with respect to TNC objects unlawfully placed on sidewalks. As such, a police officer is authorized to:
• Contact the occupant of a tent or other improvised structure erected on a sidewalk during the day and evening (7:00 a.m. to 10:00 p.m.), warn the person of the violation of BMC 14.48.020 / 14.48.120, and tell the person to take down the tent/improvised structure.
• If the person does not comply, the officer may issue an infraction citation. • The officer may also issue a Notice to the person or post a Notice on the tent/improvised structure advising that if the tent or structure is not removed from the sidewalk within 24 hours, it will be removed from the sidewalk pursuant to BMC 14.48.160 and handled in accordance with AR. 10.1 at the Corp Yard.
• In no instance will pitched tents/improvised structures be allowed to remain in the Path of Travel on the sidewalk. An officer may move such a tent/structure out of the Path of Travel immediately.

As stated in BMC 14.48.020 and AR 10.2, the word sidewalk is defined as "that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians." The dirt planting strip that sometimes exists within the sidewalk along the edge of the curb is part of the sidewalk because it is intended to be used by pedestrians walking to and from a roadway, e.g. to a parked car.

RESPONSIBLE DEPARTMENT: Approved by:

City Manager
TO BE REVISED:

As needed
Date:

Public
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager February 20, 2024

To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Re: Eighth St and Harrison St Encampment Efforts
The purpose of this memo is to inform the Council that the City’s Homeless Response Team (HRT) will be temporarily suspending efforts to resol ve the remaining
encampments in and around the intersection of Eighth St and Harrison St in Northwest Berkeley until the Court proceedings in two pending cases against the City at this encampment (Prado and Parnell) give us more insight and direction.

The memo provides background and rationale behind this difficult decision.

The HRT strives to assist people who are homeless primarily through guiding them to housing (interim or permanent) and supportive services, while also ensuring the conditions of their encampments are as safe and clean as possible. The encampments in and around 8
th and Harrison Streets in Northwest Berkeley have persistently posed serious health and safety concerns to the residents of the encampments as well as their neighbors, who include both residents and merchants. They have also contributed to public infrastructure damage (damaged and inoperable street lights, damaged sidewalks and street tree wells, dead or dying city trees, etc.) in the area. The HRT’s strategy to resolve this challenging situation is laid out in greater detail below, and has included providing direct access to motels and other indoor solutions, cleaning the area regularly, and attempting to prevent re-encampment and a re-creation of the same problematic concerns and conditions so that infrastructure repairs and construction can commence.

The decision to temporarily pause this work will free
up resources to more proactively
address encampment concerns elsewhere in Berkeley. We will offer interim housing to those who are willing to accept it, and those areas can be more effectively be maintained for a complete resolution.

BACKGROUND
The encampments in this corridor of the city have, for several years, posed both very dangerous living conditions for the people living in them, and serious impacts to the neighboring businesses, residents, and general public. For years, the City has offered a wide range of both service opportunities and enforcement attempts at this encampment

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Re: Harrison Street Corridor Encampments

to foster safer and healthier conditions. (Both the persistent concerns and our efforts to mitigate them are documented in Attachment 1 to this memo.) However, a number of significant external challenges have consistently hindered the City’s ability to permanently resolve this encampment, including an ever-shifting and uncertain legal landscape in the wake of Ninth Circuit’s Martin v. City of Boise decision1; suspension of encampment enforcement pursuant to CDC guidance during the height of the global COVID-19 pandemic2; and federal Coordinated Entry guidance regulating the prioritization of limited permanent supportive housing that is silent on the impacts of encampments.3 At the same time, and largely due to the presence of the encampment, the corridor has seen significant damage to public infrastructure, (including inoperable city streetlights; damaged city sidewalks; damaged tree wells and dead or dying city street trees) that have gone unrepaired.

In February 2023, the Neighborhood Services Division in the City Manager’s Office applied for, and was awarded, a State of California Encampment Resolution Fund grant that enabled the City to master lease the Super 8 motel at 1619 University Avenue as a non-congregate shelter destination for individuals in this encampment. Over the spring and early summer, Neighborhood Services conducted an extensive survey of the encampments in the area, generating a census of 51 people living there, and between May and July 2023, the Homeless Response Team conducted three community meetings with the residents, advocates, and service providers in this encampment to explain our plans to target the new Super 8 motel to this encampment and eventually resolve the encampment to perform the infrastructure repairs. In August 2023, the program opened its doors and residents began moving into the shelter.

However, despite having non-congregate shelter beds dedicated to this encampment, nearly every effort that the City has made to resolve portions of the encampment have been met with significant opposition and/or legal challenges:
• On August 22, 2023, the City attempted to resolve the encampments in and along the northernmost part of 8
th St and Codornices Creek from 8th St to 6th St,
in accordance with pending construction in the area by the City of Albany; opponents pitched a “sit-in” and the closure was only partially completed (the Creek remains encamped to this day).

1 See: https://cases.justia.com/federal/appellate-courts/ca9/15-35845/ 15-35845-2019-04-

01.pdf?ts=1554138051
2 See: https://stacks.cdc.gov/view/cdc/107838
3 See https://files.hudexchange.info/resources/documents/Coordinated-Entry-Core-Elements.pdf. In 2023, recognizing the insufficiency of this federal guidance with respect to dangerous encampments, the City of Berkeley sponsored a change in State law, AB 1285 (Wicks), and pressed the Alameda County Continuum of Care (CoC) to prioritize the Harrison St encampments for permanent supportive housing, in a formal memo to the CoC (included here as Attachment 2). On November 8, a subcommittee of the CoC’s Leadership Board voted 7-1 to deny Berkeley’s recommendation to prioritize this encampment (see agenda item 7 in the Nov 8, 2023 minutes of the Outreach, Access, and Coordination Committee).

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Re: Harrison Street Corridor Encampments

• On September 6, 2023, and in response to a formal declaration of the area as an imminent hazard and an order for summary abatement by the City Manager (see Attachment 1), the City attempted to abate the public health and safety hazards on Harrison St between 7
th St and 8th St. In response, advocates and residents in the encampment, in collaboration with East Bay Community Law Center and Disability Rights Advocates, filed a lawsuit (Prado v. City of Berkeley) and were granted a temporary restraining order (TRO), enjoining the city from action. The TRO was eventually lifted on September 27, but the numerous conditions simultaneously imposed by the Judge posed significant implementation challenges for the city, such that this health and safety abatement could not be completed until November 7, 2023. Meanwhile, the Prado case is pending. • On November 14, 2023, the City attempted to resolve the encampments along Harrison St from 7
th to 8th, but was met with another TRO less than 24 hours before the planned operation. This had the effect of delaying the operation until December 5.
• On December 12, the City planned an operation to resolve the encampments along 8th St and along Harrison St from 8th to 9th, both to continue clearing the area for planned street construction as well as to enable adjacent parcel owners to construct a privately-financed fence. Hours into the operation, the City learned that another lawsuit (Parnell v. City of Berkeley) and order to cease and desist had been issued, forcing the City to suspend plans to fence the areas that had been closed that morning (which were re-encamped within minutes of the court’s order).
• Between the November 7, 2023 abatement operation and the date of this memo, the temporary fencing designating the area as a pending construction zone has been breached, and the area behind the fencing re-encamped, on several occasions, sometimes within hours of the City’s putting it up.

DECISION AND RATIONALE
The Homeless Response Team has made the decision to temporarily suspend future efforts to resolve the encampments in this area until the Court proceedings in the two pending cases against the City at this encampment (Prado and Parnell) give us more insight and direction. Because the timing is ultimately in the hands of the Court, we are unable to offer a timeline for when closure, and ultimately the street construction efforts they will precede, can continue. We will continue to serve the people living in these encampments with outreach and service offers; move those who wish to move into shelter indoors, in accordance with available resources; and perform regular clean-ups in the area to manage the footprint of the encampment. These latter efforts are ongoing and they will not stop now.

The
rationale for this difficult decision is as follows:
• Each
of these resolution operations required numerous hours of intricate legal, operational, and tactical planning by staff across numerous city departments, and pursuant to numerous case laws, required advanced written notice and careful

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Re: Harrison Street Corridor Encampments

planning on how to sort and store each person’s belongings. Despite all this planning, staff have been met three times with Court orders to cease, hours before or even during the operation, effectively rendering planning efforts moot. If and when the operations do take place, each operation has been a physically and emotionally taxing endeavor for HRT staff, with many hours in the field amidst vehement protest opposition. However, sometimes within days or even hours of completing an operation, the area is re-encamped and/or fencing has been breached and destroyed, putting the City back at square one. We simply do not have the staffing resources to continue these efforts indefinitely. • The City has, since the inception of the Homeless Response Team in September 2021, focused the majority of its time and efforts in the Gilman District. More specifically:
o Since September 2021, the Homeless Response Team has performed 106 encampment operations, including closures, deep cleanings, and vehicular enforcement. 28% of all interventions have occurred in the Gilman District.
o Since September 2021, the Homeless Response Team has removed 998,060 pounds of debris from encampments around the City. 22% has come from the Gilman District.
o Since September 2021, the Homeless Response Team has made 657 offers of shelter/interim housing to people in encampments. 35% of all offers have been given to people living in the Gilman District.

The amount of time, resources, and effort given to this area have been imm
ense—frankly, they have exceeded what a City of our size, considered by the State too small to be eligible for direct State homelessness funding, could reasonably be expected to provide. But there are numerous other encampments around the city, including in other historically redlined areas of West and South Berkeley, that need our attention and resources as well. • T he District Court has repeatedly required that we hold non-congregate shelter beds open for any closure of these encampments, even though our offers of shelter have been continuously declined, and congregate housing is available. It is unethical to continue to withhold vacant beds from people in other areas of the City who might benefit from them now. (Of lesser importance, beds at the Super 8 motel are paid for by a State grant with aggressive expenditure deadlines, and continuing to keep the beds vacant jeopardizes compliance with the deadlines.) • The Homeless Response Team is a multi-disciplinary, multi-departmental team comprised of staff from numerous departments, including Neighborhood Services; Police; Public Works; Health, Housing and Community Services; Parks, Recreation, and Waterfront; and others as needed. Notably, the HRT is not sufficiently budgeted to pay for dedicated encampment staff from each of these departments; to staff a major encampment operation, the HRT relies on the same Police officers who respond to violent calls for service across the City and the same Public Works staff who perform street construction work. With vacancies in each of these departments hovering at 1 in 5 positions, we do not have the staff

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Re: Harrison Street Corridor Encampments

to perform more than a handful of encampment operations every month, and other health and safety concerns elsewhere in the city need our attention as well.

Once again, we will not abandon the Gilman District nor the people living unsheltered in it, and will continue to make every effort to provide available services to those unsheltered here and provide clean-ups in the area as frequently as our resources allow. But we must be realistic about what a City of our size and capacity can accomplish in the wake of so much judicial risk and uncertainty, and the very real costs to limited staff time and budgetary resources this uncertainty poses.

If you should have any questions, please do not hesitate to contact Peter Radu, Assistant to the City Manager, at 510-981-7045 or [email protected].

cc:

Peter Radu, Assistant to the City Manager
LaTanya Bellow, Deputy City Manager
Anne Cardwell, Deputy City Manager
Farimah Brown, City Attorney
Andrew Murray, Interim Public Works Director
Jennifer Louis, Chief of Police
David Sprague, Chief of Fire
Matthai Chakko, Assistant to the City Manager
Jenny Wong, City Auditor
Mark Numainville, City Clerk

Office of the City Manager

To: Dee Williams-Ridley, City Manager
From: Peter Radu, Assistant to the City Manager
Date: August 31, 2023
Re: Nuisance Declaration and Summary Abatement of Conditions on Harrison St

INTRODUCTION AND HISTORY OF SERVICE EFFORTS
The encampments in and around Harrison Street, especially those between 8th and 7th Streets, in West Berkeley have presented ongoing challenges to the City. The City has provided a wide range of services for the residents in this area as well as full scale operations to reduce the debris and dangerous conditions . Since September 2021, when the Cit y first resumed encampment operations after a COVID hiatus, these include:
• The placement of a dumpster on 8 th St in April 2022, with service 4 times a week , and a second dumpster on 7 th and Harrison in August 2023, as well as weekly illegal dumping removal service from the city’s Public Works Department; • The placement of two port-a-potties with wash station located at the corner of Eighth and Harrison St; both are serviced on a regular basis.
• Free mobile shower and laundry service to the residents of this encampment on a weekly basis since June 2022.
• A major effort to relocate RVs in the area in September and October 2021 to the City’s Safe RV parking program; multiple offers of an off-street parking spot were offered to all 35 vehicles being used as shelter in the encampment, and 18 moved in or voluntarily relocated.
• One full closure of the encampment, in February 2022, and 3 partial closures since that time. The full closure in Feb 2022 included motel room offers for everyone living there, using Alameda County Winter Shelter motel vouchers and with an 83% uptake rate. Only two arrests and 0 criminal citations have been issued during these operations. • Nine deep cleanings of the encampment, in which a total of 124.9 tons (249,800 pounds) of debris have been removed, and a major nuisance abatement of rodent harborage conditions in October 2022, in which a total of 32.1 tons ( 64,200 pounds, or nearly the weight of a humpback whale) of debris were removed.
• Multiple targeted treatments by the City’s Environmental Health Division of the extensive network of rodent burrows in and around the encampment, and the provision on numerous occasions of new tents and Sterilite tubs to help maintain cleaner and more rodent-proof conditions.

• The provision of 107 shelter offers to the residents in this area, with an 53.3% uptake rate.

Not including the major independent effort to resolve the People’s Park encampment with UC Berkeley, this represents 23% of all shelter provisions the City’s Homeless Response Team has made since September 2021. For lack of housing exits, many of those moved into shelter have returned back to this encampment over time. • Weekly by-name case conferences, focusing heavily on this encampment, hosted by the Homeless Response Team and attended by Alameda County Healthcare for the Homeless, Berkeley’s Health, Housing and Community Services Department, Homeless Action Center, Bay Area Community Services (BACS), LifeLong Medical Care, East Bay Community Law Center, Options Recovery Services, Berkeley Mental Health, and Building Opportunities for Self-Sufficiency (BOSS).
• Three community meetings (in May and July 2023) between city staff and residents and advocates of the encampment to discuss resources and how to improve safety.

All of these services are in addition to the intensive presence of the County’s Street Medicine Teams in the encampment.

On June 14, 2023, the City of Berkeley was awarded $4.9M from the State of California’s Encampment Resolution Fund-2 grant program, which the City now uses to master lease the 23-room Super 8 motel on University Avenue and contract with Insight Housing to provide low- barrier, service-rich, noncongregate shelter to the residents of this encampment. Since August 1, the HRT has maintained a daily presence in the area to schedule move-ins and begin assisting people from the encampment into places of greater safety. So far, 14 people have moved into the Super 8 from this encampment, with an additional 4 scheduled; 3 people have been matched directly to permanent supportive housing, and one more has moved into the Berkeley Inn.

In addition, the HRT has attempted to foster a more transparent and collaborative working relationship with the residents and advocates of this encampment to maintain cleaner conditions. Since May of 2023, the HRT and the encampment have had three community meetings to discuss the City’s concerns about the conditions, the encampment residents’ stated needs, and how to better work together in maintaining cleaner conditions. These “Good Neighbor Guidelines” are 5 common sense standards which, if maintained, reduce the likelihood of a large city clean-up. Though these Guidelines have not been officially adopted,1 they received a good deal of stated support and understanding from residents themselves in the encampment.

ASSESSMENT OF PRESENT ENCAMPMENT CONDITIONS
Nevertheless, and despite these numerous efforts, for months (and at present) the HRT continues to observe dead animals, open food sources and spoiled food, used uncapped drug needles, combustible materials like flammable gas containers inside unsafe wooden structures, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products . In addition, the large accumulation of debris and ad -hoc sheltering

1 Advocates in the encampment specifically recommended engaging businesses, housed residents, and other stakeholders for their input before adoption, and so Neighborhood Services will be bringing them to the October 4, 2023 meeting of the Homeless Services Panel of Experts for discussion and a poss ible referral to the Council or a Council policy subcommittee.

structures has completely blocked the sidewalk and extended into the roadway, creating numerous concerning fire and traffic safety hazards.

RECOMMENDATION
The HRT and City Manager’s Office will continue to work to finalize the Good Neighbor Guidelines for future implementation at encampments around the City and will continue the ongoing process of moving residents inside the new Super 8 or other City shelter resources.

The City has also formally engaged the Alameda County CoC with a recommendation to prioritize this encampment for permanent supportive housing referrals, with a memo dated July 20, 2023, and that recommendation is under discussion.

In the meanwhile, however, the Berkeley Fire Department and Environmental Health Divisions have observed alarming conditions that justify their declaring Harrison St between 7th and 8th Streets an imminent health hazard (see attached memos and reports). Therefore, to resolve these dangerous nuisance conditions now as we work towards a fuller resolution of the entire encampment in the near future, we recommend a summary nuisance abatement of the encampment conditions Harrison St between 7th and 8th Streets.

Respectfully submitted,

Peter T Radu
Assistant to the City Manager – Neighborhood Services

Department of Fire and Emergency Services
Division of Fire Prevention & Investigations

M E M O R A N D U M
Date: August 30, 2023
To: Peter Radu, Assistant to the City Manager, City of Berkeley Neighborhood Services From: Shannon Shaffer-Killey, Fire Prevention Inspector, Berkeley Fire Department Subject: Fire Department Response and Inspection of Encampments at Harrison Street between Seventh and Eighth Streets
The Division of Fire Prevention & Investigations reviewed fire-related incidents on Harrison Street between Seventh and Eighth Street in Berkeley, CA. The time period reviewed was from January 2023 through August 28, 2023. The following are the twenty-nine incidents that occurred in the vicinity:

Searched under “Harrison, Harrison & 7th, Harrison & 8th” 2023-000068 on 1/02/2023 at 11:08 AM - small fire in the roadway, initially dispatched as encampment fire
2023-000927 on 1/19/2023 at 04:56 PM - contained cooking fire, initially dispatched as a van on fire 2023-000979 on 1/20/2023 at 07:16 PM - pallet on fire
2023-001683 on 2/04/2023 at 04:58 PM - RV fire
2023-002343 on 2/18/2023 at 01:17 PM - trash burning in the middle of the roadway 2023-002665 on 2/25/2023 at 05:20 AM - small encampment fire 2023-004252 on 3/23/2023 at 10:16 PM - rubbish fire
2023-004471 on 3/28/2023 at 04:30 PM - individual burning garbage in the roadway 2023-005720 on 4/23/2023 at 10:30 AM - trash in a BBQ grill 2023-005856 on 4/26/2023 at 02:17 AM - large encampment fire 2023-005909 on 4/27/2023 at 08:15 AM - wood warming fire 2023-006403 on 5/07/2023 at 08:34 AM - multiple warming fires in metal containers next to encampments
2023-008467 on 6/23/2023 at 09:15 AM - cooking fire
2023-008595 on 6/27/2023 at 05:05 AM - mattress fire due to smoking 2023-008618 on 6/27/2023 at 02:46 PM - clothing and garbage burning in roadway 2023-008924 on 7/04/2023 at 07:32 PM - cooking fire in the creek area 2023-009110 on 7/09/2023 at 01:03 AM - dumpster fire
2023-009175 on 7/10/2023 at 12:43 PM - cooking and warming fires

2023-009202 on 7/10/2023 at 09:21 PM - Tent fire
2023-009859 on 7/25/2023 at 10:43 AM - barrel fire in the middle of the roadway 2023-010331 on 8/04/2023 at 12:46 PM - large cooking fire in the middle of roadway 2023-010408 on 8/06/2023 at 12:21 PM - debris fire
2023-010455 on 8/07/2023 at 05:55 AM - cooking fire
2023-010609 on 8/10/2023 at 08:23 AM - debris fire in middle of roadway 2023-010662 on 8/11/2023 at 06:54 AM - cooking fire
2023-010800 on 8/14/2023 at 05:20 AM - burning leaves and cardboard in roadway 2023-011051 on 8/19/2023 at 08:07 AM - warming and cooking fire 2023-011078 on 8/19/2023 at 05:49 PM - cooking fire under the brush near creek 2023-011238 on 8/22/2023 at 11:40 AM - tent and surrounding belongings on fire

Additionally, on August 23 2023, a joint inspection was completed with Fire Prevention, Homeless Response Team, and Environmental Health to assess the current situation on the north side Harrison St between Seventh and Eighth St. During this inspection, multiple fire and building code violations were identified, and include (but not limited to) the following:

1. Constructing and maintaining this structure constitutes an unlawful act - BFC 112.1

2. The structure does not have adequate fire separation distance and fire-resistive construction to separate it from adjacent property lines and structures - BBC 602

3. As constructed the design, materials, methods of construction, and the structure as a whole have not been approved and do not comply with important provisions of the Berkeley Building Code including Chapter 23, “Wood” of the Berkeley Building Code.

4. Accumulations of combustible waste materials are present in and around the structure and the adjacent encampment areas - BFC 304.1

5. Combustible materials are being stored within ten feet of the lot line - BFC 315.4 The volume of fire-related calls for service in this specific area is unusually high for the time period when compared to similar areas that do not have encampments. Based on the nature of the calls, the great majority of these calls appear to be directly related to human activity, specifically habitation in this area. The number and types of calls combined with the observed code violations are sufficiently concerning for the Berkeley Fire Department to recommend that the encampments on the north side of Harrison St. be abated summarily. This action will significantly reduce the likelihood of severe injury or death from fire, as well as reduce the likelihood of substantial damage to property and public infrastructure.

Cc: David Sprague, Fire Chief, Berkeley Fire Department Keith May, Deputy Fire Chief, Berkeley Fire Department
Steve Riggs, Fire Marshal, Berkeley Fire Department
Attachment: August 23, 2023 Inspection Photos

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Harrison Street Encampments
Location: Northside of Harrison St. between Seventh St. and Eighth St. Berkeley CA Date of Inspection: August 23, 2023

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Health, Housing &
Community Services Department
Environmental Health Division

Date: August 30, 2023
To: Peter Radu, Assistant to the City Manager
From: Ron Torres, Environmental Health Division Manager cc: Amy Davidson, HHCS Deputy Director
Subject: Declaration of Imminent Health Hazard for areas along Harrison St between Seventh and Eighth Street

Per your request, Environmental Health staff assessed the conditions of the subject area and found significant areas of concern with regard to the health and safety of the residents in this area and to the public in general.

These concerns are included in the attached report which identifies several areas along the north side of Harrison St.

I believe that the conditions documented in attached report rise to the level of an imminent health hazard, particularly findings of used syringes, areas where raw sewage was observed and the proliferation of rat burrows all along the Harrison St corridor.

Per Section 11.40.030 of the Berkeley Municipal Code, I am recommending to the City Manager that those areas identified in the attached report be summarily abated to minimize the impact to the residents and general public.

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August 23, 2023
Report of Findings on the Health and Safety Conditions of the Harrison St Corridor between Seventh and Eighth Street, Berkeley, CA

Areas inspected by Environmental Health staff are designated as Locations “1”, “2” and “3” above and are detailed on the following pages.
1 2 3

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Location 1:

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Note: T he presence of raw sewage and the proliferation of rat burrows due to abundant food sources and harborage are of utmost concern in this area

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Location 2:

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Note: the presence of the used hypodermic needles are of utmost concern in this area of the Harrison St corridor

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Location 3:

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a. VIOLATIONS:
i. BMC 11.32.050. Rodent harborage--Maintenance prohibited. ii. BMC 11.32.070. Accumulations creating rodent harborage prohibited. iii. BMC 11.36.030. Imminent health hazards designated. iv. BMC 17.20.030 No matter other than stormwater may be discharged into the storm drain system.
v. BMC 17.20.050 Affirmative duty to prevent contamination of stormwater by pollutants. b. PROPOSED REMEDY: PROPOSED REMEDY: Removal of all debris, food sources, and vehicles. Treat with C02 where necessary.

Glossary of Violations:
i. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line.
ii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.2.2 Pipe and Fittings, 5.2.2.2 Sprinkler piping shall not be used to support non-system components.
iii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.4.1 Sprinklers, 5.4.1.7 Sprinklers shall not be altered in any respect or have any type of ornamentation, paint, or coatings applied after shipment from the place of manufacture. iv. California Code of Regulations, Title 19, Division 1, §3.07(a) Clearances.

1. (a) General. No combustible material shall be placed or stored within 10 feet of any building or structure.

2. 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley,

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3. parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure.
v. BFC 114.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

vi. BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare.
vii. BFC 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
viii. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line.
ix. BMC 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. x. BMC Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. xi. BMC 11.36.030. Imminent health hazards designated. For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom.
xii. BMC 14.48.020. Obstruction on Streets and Sidewalks. It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager and adopted by the City Council. xiii. BMC 17.20.030. No matter other than stormwater may be discharged into the storm drain system. xiv. BMC 17.20.050. Affirmative duty to prevent contamination of stormwater by pollutants--Manner of conducting specified activities. Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements: (A.) Littering prohibited. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned

Internal

objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds.

Office of the City Manager

To: Members of the Systems Coordination Committee, Alameda County Continuum of Care From: Peter Radu, Assistant to the City Manager, City of Berkeley Date: July 20, 2023
Re: Pilot Approach to Prioritizing Residents of the Harrison Street Encampments in Berkeley

RECOMMENDATION
The encampments in and around Harrison Street from 10 th St to 6 th/7th in West Berkeley have presented ongoing challenges to the City of Berkeley, and pose acute threats to the health and safety of the residents living in them. With new State ERF -2 resources and the City Council’s commitment of local resources, the City of Berkeley has an exciting opportunity to resolve one of the most persistently challenging encampments in all of Alameda County. To do so as rapidly and effectively as possible, we respectfully request a partnership with the County and CoC to explicitly prioritize, on a pilot basis, the PSH-eligible residents of this encampment for all new upcoming permanent supportive housing vacancies in the CoC. Beyond the obvious benefits of improved public health and decreased need for costly services in this encampment, we believe that this request is (1) permissible and justified under our CoC’s current Coordinated Entry policies; (2) allowable under federal Fair Housing law; and (3) especially urgent because of the considerable fire and life safety hazards at the encamp ment. The remainder of this memo outlines the rationale for this recommendation.

HISTORY OF SERVICES AND RESOURCES AT THE ENCAMPMENT
The City of Berkeley ’s Homeless Response Team (HRT) is the multi -departmental team, coordinated by the City Manager’s Office, charged with responding to unsheltered homelessness with resource and shelter offers, and resolving dangerous encampments without the use of citation and arrest. The HRT is committed to the USICH 7 Principles of Encampment Resolution, and has provided countless hours and resources in an attempt to better the lives of those living in this encampment, and better the conditions of the encampment. Since September 2021, when the City first resumed encampment operations after a COVID hiatus, these include:
• The placement of a dumpster on 8 th St in April 2022, with service 4 times a week , and weekly illegal dumping removal service from the city’s Public Works Department; • The placement of a port -a-potty located at the corner of Eighth and Harrison St. The residents here also have access to another port -a-potty located at Eighth St and the Creek. Both are serviced on a regular basis.

• Free mobile shower and laundry service to the residents of this encampment on a weekly basis since June 2022.
• A major effort to relocate RVs in the area in September and October 2021 to the City’s Safe RV parking program; multiple offers of an off -street parking spot were offered to all 35 vehicles being used as shelter in the encampment, and 18 moved in or voluntarily relocated.
• One full closure of the encampment, in February 2022, and 3 partial closures since that time. The full closure in Feb 2022 included motel room offers for everyone living there, using Alameda County Winter Shelter motel vouchers and with an 83% uptake rate. Only two arrests and 0 criminal citations have been issued during these operations. • Nine deep cleanings of the encampment, in which a total of 124.9 tons (249,800 pounds) of debris have been removed, and a major nuisance abatement of rodent harborage conditions in October 2022, in which a total of 32.1 tons ( 64,200 pounds, or nearly the weight of a humpback whale) of debris were removed.
• Multiple targeted treatments by the City’s Environmental Health Division of the extensive network of rodent burrows in and around the encampment, and the provision on numerous occasions of new tents and Sterilite tubs to help maintain cleaner and more rodent-proof conditions.
• The provision of 107 shelter offers to the residents in this area, with an 53.3% uptake rate.

Not including the major independent effort to resolve the People’s Park encampment with UC Berkeley, this represents 23% of all shelter provisions the City’s Homeless Response Team has made since September 2021. For lack of housing exits, many of those moved into shelter have returned back to this encampment over time. • Weekly by-name case conferences, focusing heavily on this encampment, hosted by the Homeless Response Team and attended by Alameda County Healthcare for the Homeless, Berkeley’s Health, Housing and Community Services Department, Homeless Action Center, Bay Area Community Services (BACS), LifeLong Medical Care, East Bay Community Law Center, Options Recovery Services , Berkeley Mental Health, and Building Opportunities for Self-Sufficiency (BOSS).
• Two community meetings (in May and July 2023) between city staff and residents and advocates of the encampment to discuss resources and how to improve safety.

All of these services are in addition to the intensive presence of the County’s Street Medicine Teams in the encampment.

Nevertheless, and despite these numerous efforts, for months the HRT has repeatedly observed dead animals, open food sources and spoiled food, used uncapped drug needles, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products. In addition, the large accumulation of debris and ad-hoc sheltering structures has completely blocked the sidewalk and extended into the roadway, creating numerous concerning fire and traffic safety hazards.

On June 14, 2023, the City of Berkeley was awarded $4.9M from the State of California’s Encampment Resolution Fund-2 grant program, which the City will use to master lease the 23 - room Super 8 motel on University Avenue and contract with Insight Housing to provide low-barrier, service-rich, noncongregate shelter to the residents of this encampment. On June 22, 2023, the Berkeley City Council’s Budget and Finance Policy Committee voted unanimously to approve an additional $5M in City general fund to match this State grant, and on July 11 th, the City Council

approved the lease, contract, and funding. Altogether, this means Berkeley has everything in place to open this new noncongregate shelter by August 1, and to keep it open for at least four years. Because of the serious and persistent health and safety concerns at this encampment, we will prioritize this new resource to the residents there, with the goal of ultimately resolving the e ncampment to make way for long -overdue infrastructure repairs and other construction-related activity later this calendar year . W e will also prioritize all North County Coordinated Entry resources, including City-funded housing navigation slots and other services, to this encampment, and we have recently approved an exception to our internal HIPAA Privacy Rule interpretations to allow for need-to-know information sharing with our Mental Health Division to better coordinate mental health resources for the encampment as well.

Put simply, the City has done--and with this new State grant, will be doing--everything within our power to prioritize these vulnerable residents for shelter and every other resource at our direct disposal that can improve their lives. H owever, we do not have the administrative authority to prioritize permanent supportive housing to these residents; by Federal regulation, only the CoC, through the Coordinated Entry process, can prioritize and match permanent supportive housing.

RATIONALE FOR RECOMMENDATION
Beyond the obvious benefits of improved public health and decreased need for services resources in this encampment, we believe that this request is (1) permissible and justified under our CoC’s current Coordinated Entry policies; (2) allowable under federal Fair Housing law; and (3) especially urgent because of the considerable fire and life safety hazards at the encampment. (1) This request is permissible and justified under our CoC’s current Coordinated Entry policies.

From April 19 – May 1 and again from June 14 - 30, 2023, the HRT performed daily outreach to the residents (both in tents and vehicles) at this encampment, with the purposes of building and refining an accurate by -name census of everyone known to be living in the encamp ment. In addition to allowing us to better serve these residents with tailored outreach, this effort has allowed us to collect both information on Coordinated Entry scores and vulnerabilities, as well as demographics on race, ethnicity and gender at the encampment.

Our analyses of these data found 47 total people known to us and our partner providers to be living in this encampment. Of those:
• 28 of the 47 residents (59.6%) staying in the Harrison Street encampment have been assessed for Coordinated Entry.
• 22 (78.6% of those assessed) qualify for Permanent Supportive Housing (PSH) – i.e., are already on the PSH Priority list . An additional 4 residents ( 14.3%) qualify for rapid rehousing.
• Only 2 residents ( 7.1%) do not score high enough to qualify for a traditional housing intervention.

The chart immediately below provides a breakdown of the assessment scores of those who have been assessed: only five people assessed for Coordinated Entry do not meet the threshold score in our CoC for PSH: