Referral: Keep Innovation in Berkeley CONSENT CALENDAR September 13, 2022
C-C, C-U, C-W Districts: 1 per guest/sleeping room plus 1 for owner or manager [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.
Large Vehicle Sales and
Rental
C-DMU District: 1.5 per 1,000 sq. ft.
C-SA District: 1 per 1,000 sq. ft.
All Other Commercial Districts: 2 per 1,000 sq. ft.
Small Vehicle Sales and
Service
C-DMU District: 1.5 per 1,000 sq. ft.
C-SA District: 1 per 1,000 sq. ft.
All Other Commercial Districts: 2 per 1,000 sq. ft.
Manufacturing C-DMU District: 1.5 per 1,000 sq. ft.
C-W District: 1 per 1,000 sq. ft [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.
Research and Development C-DMU District: 1.5 per 1,000 sq. ft.
C-W District: 1 per 1,000 sq. ft [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.
Wholesale Trade C-DMU District: 1.5 per 1,000 sq. ft.
C-W District: 1 per 1,000 sq. ft
All Other Commercial Districts: 2 per 1,000 sq. ft.
Live/Work If workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each additional 750 sq. ft. of work area
Notes:
[1] Spaces must be on the same lot as building it serves.
Table 23.322-4. REQUIRED OFF-STREET PARKING IN MANUFACTURING DISTRICTS
Land Use Required Parking Spaces
Residential Uses
Accessory Dwelling Unit See Chapter 23.306
Dwellings None required
Group Living
Accommodation
None required
Non-Residential Uses
Referral: Keep Innovation in Berkeley CONSENT CALENDAR September 13, 2022
All non-residential uses
except uses listed below
2 per 1,000
sq. ft.
Art/Craft Studio 1 per 1,000
sq. ft.
Commun
ity Care Facility 1 per 2 non-resident employees
Food Service
Establishment 1 per 300
sq. ft.
Library 1 per 500
sq. ft. of publicly accessible floor area
Laboratories 1 per 650
sq. ft.
Research and Development 1 per 650
sq. ft.
Nursing Home 1 per 5 resid
ents, plus 1 per 3 employees
Medical Practitioners One per 300
sq. ft.
Large
Vehicle Sales and
Rental
MU-LI District: 1.5 per 1,000 sq. ft.
All Other Districts: 1 per 1,000 sq. ft. of display floor area plus 1 per 500 sq. ft. of other floor area; 2 per service bay
Manufacturing MU-R District: 1.5 per 1,000 sq. ft.
All Other Districts: 1 per 1,000 sq. ft. for spaces less than 10,000 sq. ft.; 1 per 1,500 sq. ft. for spaces 10,000 sq. ft. or more
Storage, warehousing, and
wholesale trade
1 per 1,000
sq. ft. for spaces of less than 10,000 sq. ft.; 1 per
1,500 sq. ft.
for spaces 10,000 sq. ft. or more
Live/Work MU-LI District: 1 per 1,000 sq. ft. of work area where workers/clients are permitted
MU-R District: if workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each additional 750 sq. ft. of work area
Notes:
[1] For multiple dwellings where the occupancy will be exclusively for persons over the age of 62, the number of required off-street parking spaces may be reduced to 25% of what would otherwise be required for multiple-family dwelling use, subject to obtaining a Use Permit.
Recommendation #4: Reviewing Berkeley Municipal Code 23.206.080 to ensure that language related to Biosafety Level (BSL) Classes 1-4 is clear and consistent with requirements in neighboring jurisdictions and other cities that support a broad range of
Referral: Keep Innovation in Berkeley CONSENT CALENDAR September 13, 2022
R&D. Consider repealing the section or amending it to permit BSL-2 in all districts where research and development facilities or laboratories are permitted.
BSL lab levels, ranging from BSL-1 to BSL-4, are set by the Centers for Disease Control and Prevention to protect laboratory personnel and the surrounding community. The primary risks that determine levels of containment are infectivity, severity of disease, transmissibility, and the nature of the work conducted.9 Chart of Biosafety Levels10
Another way of classifying biological agents and organisms is using Risk Groups 1-4.
While these two classification methods often align (e.g. BSL-2 equals Risk Group 2), they do not always. Biosafety Levels prescribe the work practices, engineering controls, personal protective equipment, and facility requirements required for working with biological agents. The Risk Group classification is only one factor to consider when determining the appropriate Biosafety Level for a particular agent. Other factors to 9 https://www.cdc.gov/training/quicklearns/biosafety/
10 https://consteril.com/biosafety-levels-difference/
Referral: Keep Innovation in Berkeley CONSENT CALENDAR September 13, 2022
consider include the mode of transmission, pathogenicity, manipulations that will be conducted, volume, experience of staff, and more.11
BMC 23.206.080.B.512 reads:
Commercial Physical or Biological Laboratories. Commercial physical or biological laboratories using Class 3 organisms are not permitted in the MU-LI district. Use of Class 2 organisms are permitted only in locations at least 500 feet from a Residential District or a MU-R district.
This section is the only place in the BMC where organism classes, presumably referring to BSL, are mentioned other than in the defined terms. The BMC is silent on BSL regulations in districts other than MU-LI, or for non-laboratory uses such as research and development.
A preliminary review finds that the City of Berkeley is more restrictive than other Bay Area cities in our regulation of Biosafety Levels. For example, the Cities of Emeryville, 11 https://www.safetypartnersinc.com/are-biosafety-levels-and-risk-groups-the- same/#:~:text=Biosafety%20levels%20prescribe%20the%20work,level%20for%20a%20particular%20age nt.
12 https://berkeley.municipal.codes/BMC/23.206.080
Referral: Keep Innovation in Berkeley CONSENT CALENDAR September 13, 2022
San Jose, Mountain View, Alameda, San Leandro, South San Francisco, and San Mateo do not reference BSLs or Risk Groups in their zoning ordinances. The Cities of Fremont, Oakland, Palo Alto, and San Francisco permit BSL-1, BSL-2, and BSL-3 (or the Risk Group equivalents) in varying degrees. See Attachment 2.
Moreover, laboratories that work with Risk Group 1-3 agents are already allowed on the UC Berkeley campus. Most campus experiments use agents classified as Risk Group 1 or 2, although work with Risk Group 3 is permitted with a biological use authorization (BUA) application approved by UC Berkeley’s Committee for Laboratory and Environmental Biosafety.13
Staff and the Commission should conduct further research into nearby jurisdictions, including Oakland, San Francisco, South San Francisco, Emeryville, Alameda, San Leandro, and Fremont, as well as other cities across the country that support a broad range of R&D, such as Cambridge, MA. This research should provide insight into best practices for BSL zoning regulations that keep the surrounding neighborhood safe while allowing biological research facilities where they make sense, with federally-required protocols and locally-required performance standards or other conditions in place.
Staff and the Commission should return to Council with amendments to this BMC section and other relevant sections that provide clarity for potential applicants, ensure that Biosafety Levels are clearly stated and defined in accordance with the most recent CDC guidelines, and bring the City of Berkeley in alignment with other jurisdictions.
Recommendation #5: Returning to Council with additional recommendations, if any, that would serve to encourage R&D in Berkeley, as determined by staff or that present themselves through the Planning Commission process.
The City Manager and/or Planning Commission may choose to return to Council with additional recommendations that would serve to encourage R&D in Berkeley, in addition to the ones suggested in this item.
FINANCIAL IMPLICATIONS
Staff time.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable negative environmental impacts associated with this action.
CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Angie Chen, Legislative Assistant
13 https://ehs.berkeley.edu/sites/default/files/biosafetymanual.pdf
Referral: Keep Innovation in Berkeley CONSENT CALENDAR September 13, 2022
Attachments:
1: City of Fremont performance standards
2: BSL regulations in neighboring jurisdictions
Attachments
Not Received
These attachments have not been received from the
submitting office.
City Cle
rk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
The City of Berkeley, City Council’s Web site:
http://www.cityofberkeley.info/citycouncil/
Internal
Planning and Development Department
Land Use Planning Division
STAFF REPORT
May 1, 2024
TO: Members of the Planning Commission
FROM: Justin Horner, Planning and Development Department SUBJECT: Referral Response: Keep Innovation in Berkeley or Zoning Amendments to Support Innovation in Berkeley
RECOMMENDATION
Staff recommends the Planning Commission receive a staff report, public comment, discuss the proposed amendments, and provide direction to staff to prepare zoning ordinance amendments for Planning Commission recommendation to the City Council.
In response to a 2022 City Council referral (Attachment 2), City staff have prepared zoning ordinance amendments (Attachment 1) that include the following:
1. Permit Research and Development (R&D) with a Zoning Certificate (ZC), for uses 20,000 square feet and under, in the C-T (Telegraph Avenue Commercial), C-C (Corridor Commercial), C-W (West Berkeley Commercial), C-U (University Commercial), and C-DMU (Downtown Mixed-Use) zoning districts.
2. Revise the “District Purpose” sections of the MM (Mixed Manufacturing) and MU- LI (Mixed Use-Light Industrial) zoning districts to specifically encourage R&D.
3. Revise minimum parking requirements for R&D uses.
In addition, staff is asking the Planning Commission to provide direction on the revision or removal of the regulation of Biosafety Level (BSL) in the Zoning Ordinance.
ATTACHMENT 3
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Zoning Amendments to Support Innovation in Berkeley Item 10
CURRENT SITUATION AND ITS EFFECTS
Research and outreach conducted by the City’s Office of Economic Development (OED) indicates that firms engaged in R&D operate differently than they did in past decades, and current permit thresholds and land use requirements may not have kept pace with the state of the art in the R&D sector. Berkeley business owners and operators, industry groups, educational institutions, and innovation sector leaders shared their experiences where land use regulations in Berkeley for R&D were more restrictive or cumbersome than in neighboring jurisdictions, and how, in some cases, lack of clarity was a deterrent to locating or growing their business in Berkeley. This is especially true for startups, early-stage R&D businesses, or small enterprises without the expertise or financial runway to navigate the existing permitting process, but are yet keen to locate in Berkeley to be close to the talent, innovation, educational, and research opportunities afforded by UC Berkeley, Lawrence Berkeley National Lab and other anchor institutions.
BACKGROUND
In response to this September 13, 2022 referral (Keep Innovation in Berkeley), and previous work on the March 10, 2020 referral to Update the Definition of Research and Development, OED gathered input from a number of business operators and leaders in the biotechnology, clean technology and other R&D industries that are innovating locally. They were asked about their experiences, challenges and perceptions of innovating and conducting business in Berkeley, including their experience with the city’s existing land use policies and business permitting processes.
For example, the March 2020 referral observed that the R&D definition in the BMC did not adequately reflect present-day R&D business activities. Prior to the update, the former definition prohibited R&D establishments from including office space and required the inclusion of a laboratory. The revised definition of Research & Development (R&D) adopted in 2022 successfully reflects evolving business practices and provides flexibility for R&D establishments to occupy spaces that meet their operating needs. During the initial outreach for the development of the updated definition of R&D, conducted between 2020 and 2022, a number of additional requested changes surfaced, which were reflected in the September 2022 referral “Keep Innovation in Berkeley.”
On September 13, 2022, City Council referred Planning Commission a set of four items and accompanying zoning changes to provide relief from regulations that are “inhibit[ing] innovation in Berkeley.”
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Zoning Amendments to Support Innovation in Berkeley Item 10
The proposed zoning ordinance amendments are summarized in Table 1, below. They are based on examples from zoning codes in nearby cities (as well as other cities with a critical mass of innovation companies), and conversations with local real estate professionals, property owners, industry associations (e.g. Biocom California), small business owners, technology startup founders, established innovation company leaders, and other industry stakeholders.
Table 1 Referral Actions and Zoning Ordinance Amendments Referral Action BMC Section(s)
1. Permit R&D with a Zoning Certificate (ZC), in the C-T, C- C, C-W, C-U, and C-DMU zoning districts. (Attachment 2
Referral, dated 9/13/22)
23.204.020. Allowed Land Uses
(Commercial Districts)
Table 23.204-1. Allowed Uses
in Commercial Districts
23.204.040(G) Use-Specific
Permit Requirements and
Regulations
2. Add R&D to District Purpose Statements in MM and MU-LI districts. Update the District Purpose sections of the MM and MU-LI districts to specifically encourage R&D. (Attachment 2 Referral, dated 9/13/22)
23.206.070 A
MM Mixed Manufacturing
District.
23.206.080 A
MU-LI Mixed Use-Light
Industrial District.
3. Revise Parking Requirements for R&D uses. (Attachment 2 Referral, dated 9/13/22)
23.322.030 Required Parking
Spaces
Table 23.322-4
Table 23.322-2
DISCUSSION
The proposed Zoning Ordinance amendments are intended to encourage the growth and retention of innovative companies in Berkeley by reducing permit review processing times for R&D uses. In addition to providing jobs and fueling economic development locally, R&D companies create solutions that improve human health and community well-being, combat climate change, and address other social and environmental challenges. OED has indicated that there is a clear demand for R&D space from
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Zoning Amendments to Support Innovation in Berkeley Item 10
companies who have grown out of their facilities on the UC Berkeley campus, or in local incubators and coworking spaces.1 These companies seek to grow their enterprises close to UC Berkeley and/or Lawrence Berkeley National Laboratory (LBNL) talent, facilities and entrepreneur support programs. Neighboring jurisdictions including Oakland, Emeryville, San Leandro, and Alameda have a wider selection of eligible real estate opportunities. Updated zoning codes which permit R&D uses and streamlined permitting processes will give the City of Berkeley a competitive advantage for business retention and attraction.
The 2023 Berkeley Economic Dashboard (published in Q1 2024) reported robust growth opportunities in the innovation sector. As of Dec. 2023, the City of Berkeley had 400 businesses in the “innovation sector”. The number included 325 startups2 in technology, biotechnology, clean technology and other technology industries, as well as established and subsidiary companies conducting R&D, incubators and coworking facilities supporting the local innovation ecosystem, and other STEM (science, technology, engineering and math) industry consulting companies. In addition to early-stage startups focused on new product design and development, the “innovation sector” includes established businesses such as Bayer, which unveiled a new Cell Therapy Launch Facility in 2023, and subsidiary companies like Carmot Therapeutics, a startup which was acquired in 2023 by the multinational firm, Roche Pharmaceutical.
Of Berkeley’s innovation companies, 35% develop life science and healthcare technologies, 32% develop software, and 14% develop clean technologies to support environmental sustainability and address climate change. In addition to creating local jobs, these companies create new wealth for our community: in 2023 alone, 84 Berkeley companies raised $840 million of venture and seed capital and 11 companies received nearly $17 million in federal and state government grants for R&D.
To allow startups and R&D companies to bring economic benefits to the economy citywide, staff recommends the following:
1 City of Berkeley, Office of Economic Development (OED), Berkeley’s Innovation Ecosystem, published to the Berkeley Planning Commission, February 1, 2023.
2 Startups are defined as companies or for-profit businesses that sell innovative technology products or services or substantively use innovative technologies to develop and manufacture their products or provide their services and are developing repeatable and scalable business models that aren’t yet profitable.
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Zoning Amendments to Support Innovation in Berkeley Item 10
Proposed Zoning Ordinance Amendments
1. Recommendation: Permit R&D with a Zoning Certificate, in the C-T (Telegraph Avenue Commercial), C-C (Corridor Commercial), C-W (West Berkeley Commercial), C-U (University Commercial), and C-DMU (Downtown Mixed-Use) zoning districts.
Permit Requirements
Currently, R&D is permitted in three zoning districts across the city: the C-W zoning district (with an Administrative Use Permit (AUP)) and the MM and MU-LI zoning districts (with a Zoning Certificate if under 20,000 square feet and an AUP if over 20,000 square feet). The C-T, C-C, and the C-DMU zoning districts currently allow R&D uses with an AUP with additional findings, despite being the zoning districts closest to UC Berkeley. Allowing R&D spaces under 20,000 square feet to be permitted with a ZC close to campus would encourage businesses looking to relocate off campus and/or access the labor pool of university students, professors, and others who spend a portion of the work week at UC Berkeley and LBNL. Allowing R&D uses by right in these districts would create opportunities to retain local the innovation and talent.
Furthermore, permitting R&D in the University Avenue commercial corridor (C-U) would play an important role in connecting West Berkeley and UC Berkeley, the city’s two primary hubs of innovation.3 Including a threshold of 20,000 square feet for such projects would also ensure that larger R&D uses would be subject to additional staff analysis. This threshold mirrors the requirements in the MM and MU-LI zoning districts for R&D uses.
Considerations for R&D Uses
Noise, odors and safety are evaluated when permitting R&D uses in commercial districts due to their mixed -use character and proximity to residential districts. All businesses in Berkeley are required to comply with the Community Noise Ordinance (BMC Chapter
13.40), which includes specific noise thresholds, as well as a general rule prohibiting
3 See map of Berkeley’s innovation sector companieshere: https://berkeleystartupcluster.com/startups/ (February 2024).
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Zoning Amendments to Support Innovation in Berkeley Item 10
excessive noise. In addition, BMC Chapter 23.304.130 (Non -Residential Districts Abutting a Residential District) includes a specific requirement that exhaust air ducts include equipment that mitigates odors.
Companies that use hazardous materials or produce hazardous waste may be required to create plans and follow Federal, State and local regulations. These regulations are enforced by a Certified Unified Program Agency (CUPA), a local agency certified by the California Environmental Protection Agency (CalEPA). The City’s Toxics Management Division (TMD) is the CUPA for Berk eley and it oversees subsurface drilling and stormwater pollution prevention, in addition to reviewing plans and enforces five state hazardous waste and materials regulatory management programs:
• Hazardous Materials Business Plan (HMBP);
• Hazardous Waste and Tier Permitting, including the Hazardous Waste Generator (HWG) program;
• Aboveground Petroleum Storage Act (APSA) ;
• California Accidental Release Prevention (CalARP); and • Underground Storage Tank (UST)
These plans and permits ensure that the City has an accurate inventory of hazardous materials, and that they are being stored and disposed of in ways that ensure community health and safety, as well as ensure businesses follow environmental best practices.
In addition, the City of Berkeley’s Fire Prevention Division enforces the Fire Code, the Building Department enforces the Building Code and Environmental Health permits and inspects food handling.
After receiving preliminary signoff by the above-mentioned departments for a business license and operational permit, any R&D company using hazardous materials is required to create a HMBP and renew it annually. The Fire Code defines the quantities of different types of chemicals that require an operational permit. The Fire Department also inspects facilities and issues permits based on the quantity of specific chemicals that are stored on site or transported through pipes within a facility. A company with a laboratory is also subject to inspection at any time by the State of California Division of Occupational Safety and Health (Cal/OSHA) and thus these types of companies often hire an Environmental Health and Safety compliance specialist to perform routine internal audits.
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Zoning Amendments to Support Innovation in Berkeley Item 10
In some innovation industries, the health and safety regulatory environment is more comprehensive and inspections are more frequent. For example, a company producing medical waste must also create a Medical Waste Management Plan and have it certified annually, subject to inspection by TMD and Cal/OSHA. A laboratory developing antibiotics, hormones, vaccines, fuels, foods, or other bio-based substances in Berkeley may be subject to additional regulatory requirements, protocols, inspections, certifications, licenses, accreditations, and audits by the following organizations:
• Food & Drug Administration (if food or medicines are produced); • International Organization for Standardization (ISO) (if a regulated product is produced);
• Drug Enforcement Administration (if controlled substances are required by the company);
• Centers for Disease Control (if using special biologic agents and drugs); • Centers for Medicare and Medicaid Services (after product approval); • Bay Area Air Quality Management (if the building has a generator); • United States Department of Agriculture (if research involves animals and plants);
• National Institutes of Health (if a federal R&D grant has been awarded); • Office of Laboratory Animal Welfare (if granted a R&D award involving animal research); or
• California Department of Public Health (if clinical trials involve human subjects).
There may still be instances, particularly with larger projects, where additional staff analysis of these areas may be warranted. Therefore, the proposed zoning amendments include a requirement that proposed facilities that are 20,000 square feet or larger require an AUP. This additional discretionary process would allow the imposition of conditions of approval if staff analysis concludes that noise, odor or safety issues could not be adequately addressed through existing regulations.
2. Recommendation: Update the District Purpose s” of the MM and MU -LI zoning districts to specifically encourage R&D.
The District Purpose sections of the Zoning Ordinance determine the purpose of each zoning district, detailing what uses characterize the district and the types of uses that are encouraged to further the City’s goals. In the MM and MU-LI zoning districts, where R&D is currently permitted with a Zoning Certificate for uses less than 20,000 square
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Zoning Amendments to Support Innovation in Berkeley Item 10
feet, the Purpose sections do not mention “R&D”, despite calling out similar uses, such as manufacturing, industrial, and laboratory, by name.
Specific land uses should be included in a zoning district’s Purpose statement if city policy is to encourage those uses. When approving an AUP for any use, the Zoning Officer or Zoning Adjustment Board must find that the proposed use is compatible with the Purposes of the district in which the business would be located. An explicit mention of R&D would increase an applicant’s confidence that their proposal would be accepted.
The proposed Zoning Ordinance amendments include the following changes:
23.206.070 MM Mixed Manufacturing District.
A. District Purpose. The purpose of the Mixed Manufacturing (MM) district is to:
… 3. Encourage development of a manufacturing district targeted to manufacturing and industrial uses , including research and development , so that manufacturers and industrial businesses will not be interfered with by incompatible uses;
… 5. Provide an appropriate location for the development of compatible industries which can provide high quality employment for people at all educational levels, and add significantly to the tax base, such as the biotechnology industry and other research and development uses.
23.206.080 MU-LI Mixed Use-Light Industrial District.
A. District Purpose. The purpose of the Mixed Use-Light Industrial (MU-LI) district is to:
… 7. Provide the opportunity for laboratory development and research and development facilities in appropriate locations;
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Zoning Amendments to Support Innovation in Berkeley Item 10
3. Recommendation: Revise on -site parking requirements for R&D uses in manufacturing and commercial zoning districts.
BMC 23.322.030 (Required Parking Spaces) details the minimum off-street parking spaces required for each use. Currently, in manufacturing zoning districts, R&D uses are required to provide 2 spaces per 1,000 square feet of floor area. In contrast, laboratory uses require 1 space per 650 square feet of floor area. R&D uses typically include similar numbers of employees and visitors per square foot as laboratory uses, and R&D uses are often at a disadvantage when required to provide more parking. The proposed zoning amendments include revising the off-street parking requirements for R&D uses to 1 space per 1,000 square feet of floor area to bring the standard closer to that for laboratories.
Notwithstanding the proposed change, BMC Section 23.322.020.D (Applicability- Location Exemption) reflects recent State law (AB 2097) changes that prohibit a public agency from imposing any minimum automobile parking requirement on most residential, commercial, or other development project that is located within 1/2 mile of public transit. Like most other uses, R&D uses proposed within these areas would have no required off-street parking.
Discussion: Revision or r emoval of the regulation of Biosafety Level (BSL) class organisms from the Zoning Ordinance.
Biological Safety Levels (BSL) are defined by the Centers for Disease Control (CDC) and the National Institute of Health (NIH) to prescribe the work practices, engineering controls, personal protective equipment, and facility requirements required for working with biological agents in a lab setting. BSL levels, ranked from one to four (BSL-1 to BSL-4), are designated based on the agents or organisms that are being researched or used in the laboratory and the level of risk associated with them, as determined by the CDC and NIH. The lower the number, the lower the risk, where the factors considered in the rating include the nature of the work conducted and the infectivity, severity of disease, and transmissibility associated with the biological agents used in the lab.
BSL regulations govern the overall design of facilities, as well as the types of required on-site safety equipment. For example, in a BSL-1 lab, the microbes studied are not known to consistently cause disease in healthy adults and present minimal potential hazard to lab workers or the environment. As such, a BSL-1 lab is not required to be
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Zoning Amendments to Support Innovation in Berkeley Item 10
isolated from surrounding facilities, and is permitted to house activities that require only standard microbial practices, such as biohazard signs, safe sharps handling, daily decontamination of all work surfaces, hand washing, prohibition of food, drink and smoking materials in the lab setting, and staff wearing personal protective equipment (PPE) such as eye protection, gloves and lab coats or gowns.
BSL-2 labs, however, are required to maintain the same standard microbial practices as BSL-1 labs, but must include enhanced measures such as: performing all procedures that can cause infection from aerosols or splashes within a biological safety cabinet (BSC), having an autoclave, or an alternative method of decontamination, for proper disposal, having self-closing, lockable doors to the laboratory, and providing a readily- available sink and eyewash station. BSL-2 labs are typically utilized by biotechnology companies and are ubiquitous on research university campuses such as UC Berkeley.
BSL-3 labs (of which there is only one in California) and BSL-4 labs (of which there are none in California and just over a handful nationwide),4 accordingly have more stringent requirements, and the lab setting is often strictly controlled by a number of government agencies.
The Zoning Ordinance currently includes references to BSL in two sections:
• BMC Section 23.206.080.B.5 (MU-LI Mixed Use-Light Industrial Districts – Land Use Regulations) states:
5. Commercial Physical or Biological Laboratories. Commercial physical or biological laboratories using Class 3 organisms are not permitted the MU-LI district. Use of Class 2 organisms are permitted only in locations at least 500 feet from a Residential District or a MU-R district. • BMC Section 23.502.020 (Glossary-Defined Terms) includes BSL in the definition of Laboratories:
1. Laboratories.
(a) Commercial Physical or Biological. A facility that provides controlled conditions in which scientific or technological research, experiments, and measurement may be performed.
4 Global locations of BSL 3-4 labs can be viewed here: https://www.globalbiolabs.org/map
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Zoning Amendments to Support Innovation in Berkeley Item 10
(b) Cannabis Testing. A facility for the testing of the properties of cannabis intended for consumer use.
(c) Class 1 Organism. A microbe or biological agent classified as Biosafety Level 1 (BSL-1) by the U.S. Centers for Disease Control and Prevention.
(d) Class 2 Organism. A microbe or biological agent classified as Biosafety Level 2 (BSL-2) by the U.S. Centers for Disease Control and Prevention.
(e) Class 3 Organism. A microbe or biological agent classified as Biosafety Level 3 (BSL-3) by the U.S. Centers for Disease Control and Prevention.
Staff has reviewed the zoning ordinances for a number of Bay Area jurisdictions,5 as well as other cities across the country that support a broad range of R&D uses, such as Sacramento, San Diego, and Cambridge, Massachusetts, and has found that the City of Berkeley’s regulation of BSL activities is more restrictive than all of these jurisdictions, as most nearby jurisdictions do not note BSL at all in their zoning ordinances.6 As mentioned above, health, safety, toxic substances and hazardous materials regulations at the city, state and federal levels typically regulate labs, not local zoning ordinances.
Further, UC Berkeley, comprising more than 1,200 acres within the city of Berkeley, has many labs utilizing class 2 organisms within 500 feet from other types of buildings, including student housing and classrooms, and has not encountered safety problems associated with such co-location.
5 Alameda, Belmont, East Palo Alto, Emeryville, Fremont, Hayward, Menlo Park, Millbrae, Milpitas, Mountain View, Oakland, Redwood City, San Bruno, San Francisco, San Leandro, San Jose, San Mateo, Santa Clara, and South San Francisco.
6 Alameda, Belmont, East Palo Alto, Emeryville, Hayward, Menlo Park, Millbrae, Milpitas, Mountain View, Sacramento, San Bruno, San Jose, San Leandro, San Mateo, Santa Clara, and South San Francisco, do not reference BSLs or organism risk groups at all in their zoning ordinances. Oakland prohibits only BSL- 4; Palo Alto permits up to BSL-3; and Richmond permits BSL-3 with a conditional use permit.
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The prevalence of potentially hazardous materials has been a longstanding community concern in Berkeley, particularly in areas covered by the West Berkeley Plan that include manufacturing uses in proximity to residential uses. However, the West Berkeley Plan includes a policy to “periodically review the City’s regulation of biotechnology to assure that it both meets City regulatory objectives and does not unnecessarily interfere with the creation and expansion of biotechnology firms.”
As detailed under recommendation #1, above, biological, chemical and hazardous materials are typically regulated under existing Federal, state and local regulations.
Consistent with ongoing efforts to streamline and simplify land use regulations, staff is considering revising or removing BSL-related regulations in the Zoning Ordinance that may be duplicitous of other existing regulations. There is also the possibility that Berkeley’s additional limitations on laboratory uses may put the city at a competitive disadvantage compared to nearby jurisdictions that do not supplement existing regulations with city-specific regulations.
Staff requests that the Planning Commission provide direction to staff on the possible revision or removal of BSL-related regulations in the Zoning Ordinance.
NEXT STEPS
Based upon Planning Commission feedback, staff will revise zoning ordinance amendments (Attachment 1) and prepare for a public hearing at Planning Commission and subsequent recommendation to the City Council.
CONTACT PERSON
Justin Horner, Planning and Development Department, 510-981-7476
Attachments:
1: Proposed Zoning Ordinance Amendments
2: City of Berkeley, Referral: Keep Innovation in Berkeley, Item 30, Berkeley City Council, September 13, 2022.
Internal
Planning and Development Department
Land Use Planning Division
PUBLIC HEARING
July 17, 2024
TO: Members of the Planning Commission
FROM: Justin Horner, Planning and Development Department SUBJECT: Public Hearing: Zoning Amendments to Keep Innovation in Berkeley
RECOMMENDATION
Staff recommends the Planning Commission hold a public hearing, take public comment, discuss the proposed zoning ordinance amendments (Attachment 1), and provide a recommendation to the City Council.
City Staff have prepared zoning ordinance amendments (Attachment 1) that include the following:
1. Revise permit requirements for Research and Development (R&D) in the C-T (Telegraph Avenue Commercial), C-C (Corridor Commercial), C-W (West Berkeley Commercial), C-U (University Commercial), C-NS (North Shattuck Commercial) and C-DMU (Downtown Mixed-Use) zoning districts to allow R&D uses under 20,000 square feet with a Zoning Certificate (ZC) and R&D uses 20,000 square feet or larger with an Administrative Use Permit (AUP);
2. Revise the “District Purpose” sections of the MM (Mixed Manufacturing) and MU- LI (Mixed Use-Light Industrial) zoning districts to specifically encourage R&D;
3. Remove the regulation of Biosafety Level (BSL) Class organisms from the zoning ordinance;
4. Revise minimum parking requirements for R&D uses to 1 per 1,000 square feet for locations outside of a half mile radius of a high-quality transit corridor; and ATTACHMENT 4
Internal
Zoning Amendments to Support Innovation in Berkeley Item #11
5. Revise the definition of the Laboratory use to clarify the difference between a testing laboratory and a laboratory associated with research or experimentation.
CURRENT SITUATION AND ITS EFFECTS
Firms engaged in R&D operate differently than they did in past decades, and current permit thresholds and land use requirements have not kept pace with the state of the art in the R&D sector. Berkeley business owners and operators, industry groups, educational institutions, and innovation sector leaders shared their experiences where land use regulations in Berkeley for R&D were more restrictive or cumbersome than in neighboring jurisdictions, and how, in some cases, the lack of clarity was a deterrent to locating or growing their business in Berkeley. This is especially true for startups, early- stage R&D businesses, or small enterprises without the expertise or financial runway to navigate the existing permitting process but are yet keen to locate in Berkeley to be close to the talent, innovation, educational, and research opportunities afforded by UC Berkeley, Lawrence Berkeley National Lab and other anchor institutions.
BACKGROUND
In response to the September 13, 2022 Keep Innovation in Berkeley (Attachment 2), and previous work on the March 10, 2020 referral to Update the Definition of Research and Development, the Office of Economic Development (OED) gathered input from a number of business operators and leaders in the biotechnology, clean technology and other R&D industries that are innovating locally.
On September 13, 2022, City Council referred Planning Commission a set of four items and accompanying zoning changes to provide relief from regulations that are “inhibit[ing] innovation in Berkeley.” On May 1, 2024 Planning Commission held a discussion on the Keep Innovation in Berkeley Referral Response (Attachment 3), and provided policy direction to staff.
Proposed zoning ordinance amendments consistent with that direction are included in Attachment 1 and are summarized in Table 1, below.
Internal
Zoning Amendments to Support Innovation in Berkeley Item #11
Table 1 Proposed Zoning Ordinance Amendments
Proposed Amendments BMC Section(s) Change
from
May 1?
1. 1 2. Revise permit requirements for R&D in the C-T,
C-C, C-W, C-U, C-NS, and C-DMU zoning districts:
• Under 20,000 square feet: Zoning Certificate
(ZC)
• 20,000 square feet or larger: Administrative
Use Permit (AUP)
Table 23.204-1.
Allowed Uses in
Commercial
Districts
Yes
3. 2 4. Add R&D to District Purpose Statements in MM
and MU-LI districts.
23.206.070.A
MM Mixed
Manufacturing
District.
23.206.080.A
MU-LI Mixed Use-
Light Industrial
District.
No
5. 3 6. Remove regulation of BSL Class organisms
from the Zoning Ordinance.
23.206.080.B.5
MU-LI Mixed Use-
Light Industrial
District.
23.502.020.L.1
Defined Terms
Yes
7. 4 8. Revise Parking Requirements for R&D uses to 1
space per 1,000 square feet.
Table 23.322-4
Table 23.322-2
Required Parking
Spaces
No
9. 5 Revise definition of Laboratory to clarify
difference between testing laboratories and
research-laboratories.
23.502.020.L.1
Defined Terms
Yes
Internal
Zoning Amendments to Support Innovation in Berkeley Item #11
DISCUSSION
On May 1, 2024, the Planning Commission held a discussion on the Keep Innovation in Berkeley referral and provided feedback and policy direction to staff. The staff report for that meeting (Attachment 3) includes background information on the referral and policy development process, as well as rationales for each of staff’s proposed zoning ordinance amendments. Additional discussion and rationale are included below for items that were revised as a result of Planning Commission discussion on May 1, 2024.
Proposed Zoning Ordinance Amendments
Revise Permit Requirements for R&D Uses
Consistent with the Keep Innovation in Berkeley referral, staff presented to the Planning Commission a recommendation to revise permit requirements for R&D uses in the C-T, C-W, C-U, and C-DMU zoning districts to a ZC for R&D uses under 20,000 square feet and an AUP for uses 20,000 square feet or larger.
At their May 1, 2024 meeting, the Planning Commission recommended expanding this revision to include the C-NS district. As the rationale for revising the permit requirements in the C-T, C-DMU and C-U zoning districts was based on the proximity of these zoning districts to UC Berkeley, the Planning Commission felt that including the C-NS zoning district, which is similarly close to campus, was consistent with the policy direction recommended in the referral.
Add R&D to District Purpose Statements
Consistent with the Keep Innovation in Berkeley referral, staff presented to the Planning Commission a recommendation to revise the purpose statements for the MM and MU-LI zoning districts to explicitly note that R&D uses were encouraged in those zoning districts.
At their May 1, 2024 meeting, the Planning Commission expressed support for these changes, which are included in the proposed zoning amendments.
Internal
Zoning Amendments to Support Innovation in Berkeley Item #11
Removal of Regulation of Biosafety Level (BSL) Class Organisms
Consistent with the Keep Innovation in Berkeley referral, staff had reviewed the BMC’s language related to Biosafety Level (BSL) to ensure that it was consistent with neighboring jurisdictions and was not an unnecessary obstacle to the establishment of R&D uses in Berkeley. The referral also called for staff to consider amending or repealing BMC sections that include regulation of BSL.
At the May 1, 2024 meeting, Planning Commissioners expressed support for removing the one provision in the BMC that regulates BSL for uses in the MU-LI zoning district.
The Planning Commission reasoned that the regulation of biological resources, hazardous materials, toxics and other potential hazards are regulated through a variety of existing local, State and Federal regulations and agencies, and that, given the extent of existing regulation, the inclusion of BSL-related rules in the BMC was redundant and served as more of an obstacle to the establishment of R&D uses than a necessary rule to protect public health and safety.
Accordingly, the proposed zoning amendments include the removal of the provision regulating BSL in the MU-LI zoning district. Additionally, as the removed provision was the only instance of BSL in the BMC, there is no longer any use to note BSL levels in the BMC’s Glossary. Therefore, language explaining BSL levels was removed from the Glossary.
Revise Parking Requirements for R&D Uses
Consistent with the Keep Innovation in Berkeley referral, staff presented to the Planning Commission recommendations to revise minimum off-street parking requirements for R&D uses to align with other similar uses.
At their May 1, 2024 meeting, the Planning Commission expressed support for these changes, which are included in the proposed zoning amendments.
Revise Definition of Laboratory
The Keep Innovation in Berkeley referral included a request that any additional recommendations identified by staff or the Planning Commission that would encourage R&D in Berkeley be presented to the City Council.
Internal
Zoning Amendments to Support Innovation in Berkeley Item #11
Consistent with that request, staff recommends that the Planning Commission consider the following revision to the definition of Commercial Physical or Biological Laboratory in BMC Section 23.502.020(L)(1):
(a) Commercial Physical or Biological Testing. A facility that provides controlled conditions in which scientific or technological testing research, experiments, and measurements may be performed.
Staff had noted that the current definition of Commercial Physical or Biological Laboratory overlaps with the definition of R&D in the Glossary.1 Both definitions include the words “biological,” “scientific,” and “research” in relation to laboratories. Such overlap has led to confusion as to how a proposed use would be classified, a difficulty that is exacerbated by the fact that there are different permit requirements for Laboratory and R&D uses in the same zoning districts. There is a concern that an otherwise permitted R&D use may mischaracterize itself as a Laboratory and exclude from consideration certain locations in Berkeley due to stricter permit requirements for Laboratories.
The proposed revision attempts to clarify the type of use that constitutes a Commercial Physical or Biological Laboratory. Such a use would be characterized by the testing or measurement of materials that are collected or received on-site, but are not part of new research or product or process development. The most common use that would meet this new definition would be a laboratory that processes blood samples for a hospital or other health service use. Laboratories that are engaged in scientific or product research would more easily be classified under R&D with this clarification.
NEXT STEPS
Hold a Public Hearing, and advance zoning ordinance amendments (Attachment 1) for recommendation to the City Council.
1 BMC Section 23.502.020.R.8: 8. Research and Development. An establishment engaged in the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.
Internal
Zoning Amendments to Support Innovation in Berkeley Item #11
CONTACT PERSON
Justin Horner, Planning and Development Department, 510-981-7476
Attachments:
1: Proposed Zoning Ordinance Amendments
2: Keep Innovation in Berkeley Referral – September 13, 2022 3: Planning Commission Staff Report – May 1, 2024
4: Public Hearing Notice
ATTACHMENT 5
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
ZONING ORDINANCE AMENDMENTS TO ENCOURAGE RESEARCH
AND DEVELOPMENT USES (KEEP INNOVATION IN BERKELEY)
The public may participate in this hearing by remote video or in-person.
The Planning and Development Department is proposing zoning ordinance amendments to encourage Research and Development (R&D) uses in the City of Berkeley. Proposed zoning ordinance amendments would revise permit requirements in a number of commercial districts (BMC 23.204.020); revise the District Purpose statements for the Mixed Manufacturing (MM) and Mixed-Use Light Industrial (MU-LI) zoning districts to specifically encourage R&D (BMC 23.206.070, BMC, 23.26.080); remove the regulation of Biosafety Level (BSL) from the zoning ordinance (BMC
23.206.080, BMC 23.502.202); revise minimum off-street parking requirements for R&D uses (BMC 23.322.030); and revise the definition of Laboratory use (BMC 23.502.020).
The proposed zoning ordinance amendments would apply to all parcels currently located in in the C-T (Telegraph Avenue Commercial), C-C (Corridor Commercial), C-W (West Berkeley Commercial), C-U (University Commercial), C-NS (North Shattuck Commercial) and C-DMU (Downtown Mixed-Use), MM and MU-LI zoning districts. The zoning map is available online:
https://berkeley.maps.arcgis.com/apps/webappviewer/index.html?id=2c7dfafbb1f64e15 9f4fdf28a52f51c6&showLayers=Berkeley%20Parcels;Base%20Data;Planning%20and% 20Building
The hearing will be held on, December 3, 2024 at 6:00 pm in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of November 21, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
For further information, please contact Justin Horner, Principal Planner, Department of Planning and Development at 510-981-7476.
.
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
ATTACHMENT 5
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.
Published: November 22, 2024 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 November 21, 2024.
__________________________________
Mark Numainville, City Clerk
Internal
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
INFORMATION CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Anne Cardwell, Deputy City Manager
Subject: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring Audit Status Report
INTRODUCTION
On July 11, 2023, the City Auditor submitted a Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring audit report1 to the City Council with recommendations that the City establish retention goals, conduct an analysis of staff needed for city services and consider staff capacity around new legislation. It was also recommended that the City take steps to address employee satisfaction and improve the recruiting and hiring process. Further, the audit recommended that the City expand the telework policy to align with best practices and regularly collect data on employee satisfaction and on diversity, equity, inclusion, and accessibility.
The purpose of this information item is to update City Council on the status of implementation of the audit report’s recommendations. This is the second status report regarding this audit. As with the first status report, it is also an opportunity to provide an update on the Employer of Choice Initiative (EOCI), since many of the recommendations from the audit overlap with the objectives of the EOCI.
CURRENT SITUATION AND ITS EFFECTS
The audit included 25 recommendations. As of the writing of this report, two (2) of those recommendations have not been started, seven (7) have been started, thirteen (13) have been partially implemented and three (3) have been implemented.
Please see Attachment 1 for a detailed table of audit report recommendations, corrective action plans, and implementation progress. The next status report to Council is expected to be presented in Fall 2025.
1 Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
Internal
INFORMATION CALENDAR
Staffing Shortages: Audit Status Report December 3, 2024
BACKGROUND
The findings of the audit are helping to inform the City’s current EOCI efforts. As already noted, the EOCI Roadmap has many critical destinations along the way to becoming an Employer of Choice. As noted in the prior update, recommendations that are already underway and/or clearly aligned with the 49 EOCI Roadmap recommendations will take priority in terms of resources and timing. Many of these efforts take notable time and resources, as articulated in staff’s response to audit recommendations.
As the City moves forward with this initiative, our focus remains on enhancing employee satisfaction, retaining valuable staff members, and refining our hiring processes. It is clear that a dedicated and motivated workforce is crucial to the successful functioning of the organization and the delivery of quality services to the Berkeley community.
There is a strong commitment to ensuring that the organization becomes an employer of choice, providing an environment that fosters growth, recognition, and professional development for employees. By creating a workplace that promotes job satisfaction and overall well-being, the organization can better prevent the challenges of the staffing crisis.
Staff will continue to keep the City Council informed of progress, sharing updates on the implementation of initiatives, and improvements made in staffing strategies.
Finally, key to continued success along the way will be maintaining the Employer of Choice Initiative as the organization’s top priority in the upcoming budget process.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
ALTERNATIVE ACTIONS CONSIDERED
None at this time.
CONTACT PERSON
Anne Cardwell, Deputy City Manager, City Manager’s Office, (510) 981-7014 Attachments:
1. Audit Findings, Recommendations, and Status Updates
Finding Department Previous
status update
Current status update
Staff shortages
constrained city
services.
1.1 Establish citywide retention
goals and report to City Council
on progress towards those
goals biennially.
City Manager Started Partly Implemented:
Human Resources has developed
metrics that measure the rate of
hiring against the rate of attrition.
HR’s robust recruitment efforts have
ensured that from January to June
2024, hiring has outpaced attrition at
a ratio of 1.2 to 1.0, reducing the
City’s vacancy rate by two
percentage points.
Staff shortages
constrained city
services.
1.2 Conduct a staffing analysis
based on critical needs to
identify the number and type
of full-time equivalent positions
needed for successful city
operations and services. The
City may consider conducting
this analysis one department at
a time based on available
resources.
City Manager Not Started Started:
Full-scale implementation of this
recommendation would need
allocation of resources by Council, as
its scope exceeds the Human
Resources Department’s current
bandwidth. However, HR has
identified heightened hiring needs in
two areas – Mental Health (in Health,
Housing & Community Services) and
Transportation (in Public Works) and
is implementing targeted strategies
to fill vacancies in these areas.
Berkeley.careers shows targeted
recruitment for Mental Health and
Transportation positions on the front
page.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.1 Review the highest priority city
job descriptions to ensure they
accurately reflect job duties.
City Manager Started Partly Implemented:
Over the course of the past two
years, Human Resources has
modified over three dozen class
specifications, updating job
descriptions and, in many cases,
salaries in order to meet the City’s
priority hiring needs.
Issue Date: June 22, 2023
Audit Title: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring Recommendation
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.2 Consider staff capacity when
introducing new legislation,
and limit or prioritize new
legislation during periods of
short staffing.
Mayor and
Council
Started Started:
Staff communicate staff capacity to
implement new legislation in Council
reports. Additionally, the Agenda &
Rules Policy Committee has been
discussing 'City Council Legislative
Systems Redesign, Including
Strengthening the Committee System
to Provide More In-Depth Review
and Vetting of Major Items,' which
City Council will review in the coming
months.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.3 Report on the status of
approved projects to City
Council, including information
about delays caused by staff
vacancies.
City Manager Started Started:
Staff continue to articulate in reports
and communication to City Council
regarding the status of approved
projects and impacts of staff
vacancies. AB 2561 recently passed in
the California Legislature, which
requires public agencies to present
the status of vacancies and
recruitment and retention efforts at
a public hearing at least once per
fiscal year. City management will
report to Council on staff vacancies in
compliance with this law. AB 2561:
https://leginfo.legislature.ca.gov/fac
es/billNavClient.xhtml?bill_id=20232
0240AB2561
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.4 Improve pathways for
promotion in the City through a
citywide succession plan, which
may include cross-training for
positions.
City Manager Started Partly Implemented:
Human Resources is redesigning the
City’s training curriculum in order to
align training with career paths and
promotional tiers. The new
curriculum is slated for partial launch
in January 2025 on NeoGov’s LEARN
platform.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.5 Direct departments to ensure
that all employees receive an
annual performance
evaluation.
City Manager Started Started:
Human Resources is redesigning
supervisory training to emphasize
ongoing feedback for performance
management.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.6 Implement a comprehensive
training program that ensures
staff at all levels receive the
training they need to fulfill their
job duties and develop their job
skills as needed. Consider
increasing the training budget
and redesigning the training
curriculum to best address the
needs of a post-pandemic
workforce, improving training
for supervisors and managers,
ensuring that experts conduct
trainings, and allowing
employees to request specific
trainings.
Human
Resources
Started Started:
Human Resources is on track with re-
imagining the workforce training
curriculum along front-line,
supervisory and management tracks,
and expects the project to be
completed within 18 months of the
audit response.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.7 Ensure that all city employees
complete mandatory trainings
in accordance with the state
law. Report data on mandated
trainings to Council annually.
Human
Resources
Partly
Implemented
Partly Implemented:
Human Resources has successfully
brought the City back to near
compliance with all mandatory
trainings, with several departments
achieving 100% compliance and all
departments exceeding 90%
compliance.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.8 Update City Council on the
recruitment status of hard-to-
fill positions during the biennial
budget process, as well as steps
taken to fill these positions.
City Manager Started Partly Implemented:
Earlier this year, Human Resources
presented to Council’s Budget &
Finance Committee its new
infrastructure for digital recruitment,
including the City’s first-ever landing
page (www.berkeley.careers) and the
custom-designed Be/Berkeley
outreach campaign. HR is currently
devoting targeted resources to hard-
to-fill positions in mental health
(HHCS) and transportation (Public
Works). www.berkeley.careers shows
targeted recruitment for mental
health and transportation positions.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.9 Identify positions that are hard-
to-recruit and retain and
consider reassessing pay for
those positions.
City Manager Partly
Implemented
Partly Implemented:
To date, the City has already adjusted
salaries for several classifications in
order to maintain market
competitiveness (e.g., Senior Building
Maintenance and Senior Public
Works Supervisor), to avoid
compaction issues (e.g., several
classifications in the behavioral
health career ladder), and to ensure
internal equity (e.g., Traffic
Maintenance Supervisor and Parking
Meter Maintenance and Collection
Supervisor). Pay structures for
additional classifications are actively
being reassessed during current labor
negotiations.
Some current city
employees
reported
dissatisfaction and
many have
contemplated
leaving.
2.10 Assess employees’ needs
regarding communication from
the City Manager’s Office and
design a communication
strategy that addresses those
needs.
City Manager Partly
Implemented
Partly Implemented:
The Special Projects Division
produces a newsletter at the
completion of each 90-day sprint
period as part of the Employer of
Choice Initiative. This newsletter is
currently paused due to staff
turnover in the position responsible
for developing, but the Division will
resume distribution once that
position is filled. Additionally, the
Special Projects Division is creating a
SharePoint Site to include
information about the Employer of
Choice Initiative and other Citywide
information so that staff may easily
access. The CMO has also initiated a
series of internal 'open-houses'
across departments to encourage
collaboration, communication, and
engagement across departments,
which are currently occurring (e.g.,
Parks, Recreation and Waterfront
had a well-attended open house in
early October).
Instability in
Human Resources
delayed hiring and
impacted internal
services.
3.1 Assess the level of staff and
resources needed to meet the
City’s recruitment and hiring
needs. Prioritize filling these
positions when vacancies in
this area fall below a level that
would jeopardize the City’s
ability to hire quickly.
City Manager Implemented Implemented:
This recommendation has been fully
implemented with the hiring of three
additional employees: one Associate
HR Analyst dedicated to recruitment;
one Associate HR Analyst assigned to
exams; and one Assistant HR Analyst
supporting Benefits. HR’s recruitment
team additionally has standing
meetings with departments during
which they identify and prioritize
hiring needs.
Instability in
Human Resources
delayed hiring and
impacted internal
services.
3.2 Assess the approval process for
hiring new employees and
identify opportunities to
reduce inefficiencies.
City Manager Implemented Implemented:
This recommendation has been fully
implemented with the development
of exam plans at the outset of every
hiring process. Human Resources
(HR) has also changed the order by
which hiring approvals are processed
in NeoGov, the City's hiring platform.
HR has implemented additional steps
to reduce inefficiencies including e-
offers and e-reference checks
through the NeoGov hiring system.
HR has also obtained LiveScan
certifications for some staff members
and will be moving the fingerprinting
process in-house as soon as they
receive final approval.
Instability in
Human Resources
delayed hiring and
impacted internal
services.
3.3 Develop and execute a plan to
modernize recruitment and
hiring using social media and
community engagement.
Human
Resources
Partly
Implemented
Partly Implemented:
Utilizing funds allocated by City
Council to support the Employer of
Choice initiative, Human Resources
has engaged a marketing agency,
Sensis, and is developing a digital
platform dedicated to hiring, along
with a full-scale social media
campaign. The new recruitment
website can be found at
https://www.berkeley.careers.
Instability in
Human Resources
delayed hiring and
impacted internal
services.
3.4 Communicate standard
procedures and trainings for
NEOGOV and the City’s hiring
process to all department
heads and hiring managers.
Human
Resources
Started Partly Implemented:
Human Resources maintains a
standing series of meetings with City
departments to assist with NeoGov
usage and hiring procedures. HR also
conducts specialized trainings
customized for departments – most
recently, Public Works.
Instability in
Human Resources
delayed hiring and
impacted internal
services.
3.5 Improve the employee
onboarding process so
employees have the tools and
information they need to do
their jobs.
Human
Resources
Implemented Implemented:
The corrective action has been fully
implemented with the automation of
Onboarding through NEOGOV and
the launch of the new, in-person
“Welcome to Berkeley” orientation
program.
Telework can
benefit the City
but the current
policy is limited.
4.1 Identify ways of reducing
unused space in city buildings
to save on overhead costs. This
initiative may require
additional resources beyond
city staff.
City Manager Started Started:
The City is taking initial steps in
exploring more efficient use of space
on a department-by-department
basis.
Telework can
benefit the City
but the current
policy is limited.
4.2 Expand the citywide telework
policy to include elements that
align with best practices. This
can include eligibility,
employee accountability,
equipment requests, telework
training, and justifications for
denying employee requests to
telework.
City Manager Started Started:
The consulting firm Municipal
Resource Group (MRG) prepared a
Hybrid Workplace Best Practice
Guide as a supplement to the
Employer of Choice roadmap. The
City received a draft of the Best
Practice Guide. Next steps are to
review this report with the City
Manager.
The City lacked
reliable data to
address staff
shortages.
5.1 Clean up personnel data in
ERMA to ensure all employee
data is accurate.
Human
Resources
Started Partly Implemented:
Human Resources has devoted
considerable resources – through a
dedicated Associate HR Analyst, as
well as an outside consultant – to
ensure accuracy in ERMA data.
The City lacked
reliable data to
address staff
shortages.
5.2 Develop standardized
procedures for entering and
managing personnel data in
ERMA.
Human
Resources
Started Partly Implemented:
Human Resources has devoted
considerable resources – through a
dedicated Associate HR Analyst, as
well as an outside consultant – to
develop and implement standardized
procedures for consistent entry and
management of data in ERMA.
The City lacked
reliable data to
address staff
shortages.
5.3 Produce reports that can be
used to inform retention and
hiring efforts, which may
include data on vacancies,
recruitments, turnover, or
other useful data. Human
Resources should also report to
City Council on staff vacancies
by department and how long
those positions have been
vacant.
Human
Resources
Started Partly Implemented:
Human Resources has built a number
of reports using PowerBI technology
that draw on data from NeoGov and
ERMA, and capture key statistics
regarding new hires, attrition,
vacancy rates, and applicant
demographics. HR’s next set of
reports will track hiring times.
The City lacked
reliable data to
address staff
shortages.
5.4 Consistently conduct exit
surveys or interviews and share
results with departments.
Human
Resources
Not Started Not Started
The City lacked
reliable data to
address staff
shortages.
5.5 Determine the appropriate city
department or other body to
regularly collect data on
employee satisfaction. Data
collection should include
employees’ perceptions about
diversity, equity, inclusion, and
accessibility in the workplace.
The department should
consider publishing the data
and comparing it to previous
years to help inform retention
efforts.
Mayor and
Council
Not Started Not Started:
City Council has not yet provided
input on the appropriate department
or entity to conduct satisfaction
surveys.
The City lacked
reliable data to
address staff
shortages.
5.6 Resume data collection and
production of Year End
Workforce Reports on
demographic workforce trends
at least annually. Consider
expanding Human Resources’
performance measure reported
in the budget book to capture
diversity at all levels of city
employment.
City Manager Not Started Partly Implemented:
Human Resources has built a number
of reports using PowerBI technology
that draw on data from NeoGov and
ERMA, and capture key statistics
regarding new hires, attrition,
vacancy rates, and applicant
demographics.
Office of the City Manager
INFORMATION CALENDAR
December, 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Measure FF Spending Audit Status Report
INTRODUCTION
On November 22, 2023, the City Auditor submitted an audit report titled Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes1 to the City Council. The audit determined that Measure FF spending aligned with the ballot measure and city code. While Measure FF transactions followed city procedures, there were some limitations in internal processes and reporting. The report included recommendations to strengthen reporting for Measure FF spending. The purpose of this information item is to update the City Council on the status of the audit report’s recommendations. This is the first and final status report regarding this audit.
CURRENT SITUATION AND ITS EFFECTS
The audit included six recommendations. As of the writing of this report, five of those recommendations have been implemented and one recommendation was not implemented due to technology limitations with existing City software.
Please see Attachment 1 for a detailed table of audit recommendations and implementation progress.
BACKGROUND
In November 2020, 74.2 percent of Berkeley voters passed Measure FF which authorized a special parcel tax of 10.47 cents per square foot of improvements for each parcel of real property in the City of Berkeley. The Measure FF tax increased to 11.26 cents in fiscal year 2023.
The City collected $12.7 million in Measure FF revenues in fiscal year 2022 and $9.3 million in revenues in fiscal year 2023.1 Measure FF expenditures were $4.0 million in fiscal year 2022 and $8.7 million in fiscal year 2023.
1 Audit: Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes. https://berkeleyca.gov/sites/default/files/documents/Spending%20Aligned%20with%20Ballot%20Measure %20FF%20and%20the%20City%20Is%20Improving%20Internal%20Processes_0_0.pdf 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/
Measure FF Spending Audit Status Report INFORMATION CALENDAR December, 3, 2024
Measure FF broadly funds firefighter and emergency medical response and wildfire prevention. Measure FF was codified in Berkeley's municipal code (BMC) Chapter 7.83.
The proceeds of the tax are placed in a special fund. As mentioned in the audit report, Measure FF funds were used according to the ballot measure language and the BMC Chapter 7.83 for the following public safety purposes:
1. Local firefighter and emergency medical response including hiring and training personnel and upgrading safety equipment and facilities.
2. Upgrading and modernizing the 9-1-1 dispatch system to implement and maintain a system to provide emergency medical dispatching.
3. Wildfire prevention and preparedness activities including, but not limited to, vegetation management, hazard mitigation, public education, evacuation planning, and an emergency alert system.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
POSSIBLE FUTURE ACTION
None.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
None.
CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Audit Findings and Status Updates
Audit Title: Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes Issue Date: 11/22/2023
Finding Recommendation Department Last Period:
Status
Current status update
Measure FF
transactions followed
city procedures but
there were some
limitations in internal
processes and
reporting.
2.1 The Fire Department should work with
the City Manager to develop a standard
expenditure and budget reporting
schedule to the Disaster and Fire Safety
Commission. This schedule should be
aligned with the budget process where
appropriate. The Fire Department should
consult with the Disaster and Fire Safety
Commission to establish a baseline level
of detail for spending plans and
expenditure reports.
Fire N/A Implemented. Over the last year, the Fire
Department provided a budget proposal
and multiple expenditure reports to the
Disaster and Fire Safety Commission
(DFSC). According to the DFSC Chair, the
Fire Department consulted with the
commission on the frequency and details
of these reports, and commissioners are
satisfied with the information provided.
Measure FF
transactions followed
city procedures but
there were some
limitations in internal
processes and
reporting.
2.2 The Fire Department should assess the
feasibility of automating detailed
reporting on Measure FF spending to the
Disaster and Fire Safety Commission to
continue providing quarterly expenditure
reports without excessive staff time.
Fire N/A Dropped. The auditee has accepted the
risk to the city that the recommendation is
meant to address and is unable or
unwilling to implement the
recommendation. According to the Fire
Department, they were not able to find an
automated tool for reporting Measure FF
spending.
Measure FF
transactions followed
city procedures but
there were some
limitations in internal
processes and
reporting.
2.3 Human Resources should complete the
revision of A.R. 2.2 to include state
requirements for employment of
retirees. This should include explicit
guidance to set comparable positions
and pay for retirees.
Human Resources N/A Implemented. Human Resources updated AR 2.2 on the City’s intranet with CalPERS
requirements for employment of retirees.
Measure FF
transactions followed
city procedures but
there were some
limitations in internal
processes and
reporting.
2.4 Human Resources should finalize a form
for hiring retirees that specifies their
comparable position as part of A.R. 2.2.
Ensure the form prompts departments
to clearly specify the comparable
position, duties that will be performed,
and hourly rate for the comparable
position offered to retirees.
Human Resources N/A Implemented. Human Resources’ revision of AR 2.2 includes a form for hiring
retirees that requires hiring departments
to specify the comparable classification of
retired annuitants.
Measure FF
transactions followed
city procedures but
there were some
limitations in internal
processes and
reporting.
2.5 The Fire Department should resume
regular reporting on defensible space
inspections, for example to the Disaster
and Fire Safety Commission.
Fire N/A Implemented. The Fire Department has
developed a Defensible Space Inspections
dashboard report and has been sharing
this report with the Disaster and Fire
Safety Commission at monthly meetings.
Measure FF
transactions followed
city procedures but
2.6 The Fire Department should develop
performance measures for the
defensible space inspection program and
Fire N/A Implemented. The Fire Department has
established performance measures for the
defensible space inspection program,
there were some
limitations in internal
processes and
reporting.
use the new inspection software to track
and report on these measures.
including total inspections, total re-
inspections, reported violations, resolved
violations, and types of violations.
Berkeley Police Department
2100 Martin Luther King Jr. Way, Berkeley, CA 94704 Tel: 510.981.5900 TDD: 510.981.5799 Fax: 510.981.5704 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Police
INFORMATION CALENDAR
December 3, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
CURRENT SITUATION AND ITS EFFECTS
The City Auditor’s report included 12 recommendations. Ten of the recommendations were implemented in previous updates leaving only two open recommendations. The two open items were related to staffing, and both are addressed in the Citygate report.
There has been much progress on the two open items and they are partly implemented.
The final Citygate report was delivered in September 2024. The report has been shared with the Mayor, Council, PAB and the public via the Berkeley Police Transparency HUB.
The Department reviewed the report and both Citygate and the Department presented on the report to Council on October 29, 2024 during the City Manager’s Update on Reimagining Public Safety.
Included in this item is a status update for the last two remaining recommendations.
Recommendation 1.2 - Fill vacancies deemed necessary and/or reallocate staff pending the reimagining process and a determination of appropriate staffing levels.
The selected Consultant, Citygate, provided the Berkeley Police Department with its final report in September 2024. Included in this report are recommendations related to patrol staffing levels as part of their analysis. The police department is in the process of thoroughly evaluating the 147-page report and determining the priorities to address in their recommendations that contain 74 key findings and 54 specific, actionable recommendations. Some of the recommendations address work that is already well under way, including assigning Community Service Officers (CSO) to work in the field to handle police reports not requiring a sworn police officer.
2 | P a g e
Recommendation 2.3 - Document the results of staffing assessments along with the assessment criteria. Incorporate results into staffing projections for budgetary decision making, including establishing a sufficient and appropriate overtime budget.
In September 2024 Citygate provided their final report of the Workload Organizational Study documenting the results of their staffing assessments.
Some recommendations have driven budget priorities in the current budget cycle.
Utilizing the final report, BPD will continue to use this study to help guide our budgetary decision making.
Additionally, as it relates to staffing recommendations: The Citygate report recommends fully staffing sworn back to the sworn authorized strength of 181 and assigning them as follows:
15 Officers for patrol (bringing it to a total of 73) 1 Sergeant, 5 officers assigned to a Flex Team
1 Sergeant, 5 Officers assigned to narcotics Investigations 1 Officer for additional School Resource Officer for BHS Citygate recommended increases in professional staff as follows:
5 Community Service Officers for Patrol (Council FY 25 and FY26 funded request)
1 CSO (or Annuitant) for Detective Division (Council FY 25 and FY26 funded request)
1 Civilian IT Project Manager (Council FY 25 and FY26 Budget Tier 2 request) Realtime Crime Analyst for DD & Patrol
1 Senior Management Analyst, Fiscal (Council FY 25 and FY26 Budget Tier 2 request)
1 Associate Management Analyst, Fiscal (Council FY 25 and FY26 Budget Tier 3 request)
1 OSIII for Internal Affairs Bureau
1 Annuitant for DD – Cold Cases
1 Crime Scene Tech (CSO)
1 CSO For Traffic (Council FY 25 and FY26 funded request) 1 Supervising Parking Enforcement Officer
1 OS3 for Professional Standards or Deputy Chief
1 Civilian Jail Manager
1 OS2 for Records Bureau for CPRA requests.
2 Supervising Public Safety Dispatchers
3 | P a g e
BACKGROUND
On March 3, 2022, the City Auditor’s Office issued its audit, Berkeley Police:
Improvements Needed to Manage Overtime and Security Work for Outside Entities1 This audit report included 12 recommendations. The purpose of this report is to update the City Council on the Police Department’s progress on implementing the City Auditor’s recommendations. This is the fifth status report for this audit. The next one will be in the fall of 2025.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
FISCAL IMPLICATIONS
There are no additional fiscal implications. The Citygate contract is authorized for $180,000.00. We anticipate actual contract expenditures to be approximately $140,000, at the contract completion.
CONTACT PERSON
Captain Kevin Schofield, Police Department, (510) 981-5815
ATTACHMENTS
1. Police Overtime Recommendation Table
1 City Auditor’s Office Overtime Audit (3/3/2022)
https://berkeleyca.gov/sites/default/files/2022-04/Berkeley%20Police%20- %20Improvements%20Needed%20to%20Manage%20Overtime%20and%20Security%20Work %20for%20Outside%20Entities.pdf
Audit Title: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities Finding Department Previous
status update
Current status update
Overtime is used to
maintain minimum
patrol staffing set by
BPD.
1.1 Collect and monitor data on
how often compensatory
time leads to additional
backfill overtime and
develop a plan to monitor
it.
Police Implemented Implemented:
BPD now has a formal process to
monitor how often compensatory
time leads to backfill overtime with
data from the electronic staffing
software. The Police Technology Unit
will create a biannual report on this
data to be reviewed by the Captain of
the Support Services Division and the
Office of the Chief.
Overtime is used to
maintain minimum
patrol staffing set by
BPD.
1.2 Fill vacancies deemed
necessary and/or reallocate
staff pending the
reimagining process and a
determination of
appropriate staffing levels.
Police Started Partly Implemented:
The selected Consultant, Citygate,
provided the Berkeley Police
Department with its final report in
September 2024. Included in this
report are recommendations related
to patrol staffing levels as part of
their analysis. The police department
is in the process of thoroughly
evaluating the 147 page report and
determining the priorities to address
in their recommendations that
contains 74 key findings and 54
specific, actionable
recommendations. Some of the
recommendations address work that
is already well under way, including
assigning Community Service Officers
(CSO) to work in the field to handle
police reports not requiring a sworn
police officer.
Recommendation
Issue Date: March 3rd, 2022
Minimum staffing
levels in BPD’s Patrol
Unit could cause
unnecessary
overtime if not
regularly updated.
2.1 Establish a procedure to
regularly assess minimum
staffing and overall staffing
needs of the department.
This process should
document and incorporate
criteria to assess staffing
levels, such as calls for
service, other workload,
community input, and
other relevant factors. As
BPD prepares for the
rollout of a new software
system, BPD should
consider how to best align
the program’s capabilities
with this assessment
process.
Police Implemented Implemented:
BPD has created a written protocol to
assess minimum staffing and
department staffing needs biannually.
The protocol incorporates criteria
such as calls for service and shift
availability. The protocol also
considers allocation of police
resources geographically, i.e. beat
alignment.
Minimum staffing
levels in BPD’s Patrol
Unit could cause
unnecessary
overtime if not
regularly updated.
2.2 Document and define the
Patrol Unit’s minimum
staffing levels in a publicly
assessible format.
Police Implemented Implemented:
This information has been placed on
the BPD webpage. The button
“current officer shift assignments”
links to a timesheet with officer
assignments. Information can be
viewed at
https://berkeleyca.gov/safety-
health/police/community-liaisons.
Minimum staffing
levels in BPD’s Patrol
Unit could cause
unnecessary
overtime if not
regularly updated.
2.3 Document the results of
staffing assessments along
with the assessment
criteria. Incorporate results
into staffing projections for
budgetary decision making,
including establishing a
sufficient and appropriate
overtime budget.
Police Started Partly Implemented:
In September 2024 Citygate provided
their final Workload Organizational
Study report documenting the results
of the staffing assessment. Some
recommendations have driven
budget priorities in the current
budget cycle. Utilizing the final
report, BPD will continue to use this
study to guide budgetary decision
making.
Officers work
excessive overtime,
increasing health and
safety risks.
3.1 Update the department
overtime policy to address
the fact that there currently
is no limit to the number of
consecutive days worked
and determine the
appropriate limit for
overtime that is
enforceable with the goal
of avoiding officer fatigue.
The department may
examine other jurisdictions’
overtime limits as possible
criteria.
Police Implemented Implemented:
BPD policy 1015 has been updated to
include a limit on the number of
consecutive days worked. The policy
also includes limitations on hours
worked. This updated policy was
issued on 8/23/23.
Officers work
excessive overtime,
increasing health and
safety risks.
3.2 Work to implement a
staffing software solution
that integrates overtime
management and
scheduling software.
Develop management
reports that provide timely,
accurate, and complete
information on overtime
usage. Develop a process
for filling overtime shifts on
a voluntary and mandatory
basis, including supervisor
approval. Build in warnings
for when an individual is
approaching overtime
limits and an approval
process for allowing
individuals to exceed limits
when deemed necessary
according to the policy.
Police Implemented Implemented:
The CareWare electronic staffing
software solution has recently been
implemented to monitor staffing,
overtime and time off, as well as shift
trades/swaps. This includes a warning
notice within the system that
someone could be working more than
the allowed number of hours. This
warning requires acknowledgement
by the user allowing the hours.
BPD has no contracts
for overtime security
with outside entities.
4.1 Update A.R. 2.10 and other
department policies to
explicitly include guidance
around department
agreements for work for
outside entities, which is
paid for by reimbursements
to the City from the outside
entities. Internal
procedures should include
appropriate criteria to
identify and document the
benefit to the City gained
by work for outside entity
agreements, and to allocate
resources in a way that
does not negatively impact
City operations.
Additionally, BPD should
document their criteria for
when officers are not
available or eligible for
work for outside entities.
Police Implemented Implemented:
BPD has finalized Policy 1043 and will
begin using the newly created
contracts with outside entities.
BPD has no contracts
for overtime security
with outside entities.
4.2 In consultation with the
City Attorney, create
contracts with outside
entities in compliance with
City policies and applicable
laws.
Police Implemented Implemented:
Service agreements for work with
outside entities are being executed
and are available on the Police
Department's website:
https://berkeleyca.gov/sites/default/
files/documents/BPD%20Service%20
Agreement-final.pdf
BPD has no contracts
for overtime security
with outside entities.
4.3 Develop an application for
BPD’s services that is
publicly available and
accessible online to any
interested party. Set pay
uniformly according to rank
and hourly rate and include
a reasonable fee that
covers the expenses of
administering work for
outside entities including
workers compensation,
fuel, use of equipment, and
any other actual or
potentialcosts to the City.
Police Implemented Implemented:
The application and service
agreement have been added to the
BPD website on the Community
Liaisons page under 'Related
Documents'. BPD will be working with
their web management team to add
it to the main City of Berkeley
website in the 'Special Events'
section.
https://berkeleyca.gov/safety-
health/police/community-liaisons
A 10% fee was added on top of
employee fees to offset costs
associated with coordinating special
events, including planning and staff
time. 10% is a standard
administrative fee at the state level
and is standard administrative fee for
grant funding we receive. We want to
be consistent with department
administrative fees throughout BPD.
The police department will adjust the
administrative fee in the future as
needs dictate.
BPD has no contracts
for overtime security
with outside entities.
4.4 BPD should reconcile
invoices with the amounts
received for work with
outside entities at regular
intervals. BPD should also
implement procedures to
check invoices for errors
prior to billing outside
entities.
Police Implemented Implemented:
BPD's Admin & Fiscal Services Unit
developed a written procedure for
the 'Outside Entity Billing Process'.
This will ensure consistency and
accountability in billing and tracking.
BPD has no contracts
for overtime security
with outside entities.
4.5 Explore ways to clearly
account for different funds
to track revenues and
expenses.
Police Implemented Implemented:
BPD has formalized a written protocol
for an Outside Entity Billing Process.
This document reflects eleven
needed steps from billing through the
depositing of funds with the Finance
Department and clearly identifies a
method to track revenues and
expenses.
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
3. To Date: Enter the date of the Council meeting (this may match the From Date field)
4. Click the “Search” button
5. Communication packets matching the entered criteria will be returned
6. Click the desired file in the Results column to view the document as a PDF