Berkeley City Council
December 10, 2024

2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD

COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A - and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT E
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit E (if applicable) will be signal design schematic

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST
GCPGCP
I.J.
5R1
CONNECTS TO M.P. 4.91
TO 10TH STREET TO ROSEVILLE
2R1
2R2
4R1
4R2
86HZ 11.5kHZ
86HZ
3R1
3R2
5R2
23 19' 18'
PRIME WARNING TIME = 27 SECONDS
640NBS
640NBS
640 NBS
640 NBS

W(S) E(N)
CONNECTS TO M.P. 6.1 4
86HZ 10.0kHZ

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT

NEW SHEET
POK
30'
51'
6'X8'
30'
5'6"
6'
3 4 T
"A"
CCCxx
1 2
5 6
13'
13'

BANCROFT WAY
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
09/12/22
NST

60487
1 751176H

5.92 BERKELEY, CALIFORNIA

BANCROFT WAY

MARTINEZ SUBDIVISION
Omaha, NebraskaOffice of AVP Engineering - Signal

UNION PACIFIC RAILROAD
0910592.1X
Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST
GCP
1 525HZ 8.3kHZ
2'3"
"C"
xx
43 21
2'3"
"D"
xx
21 3 4
15'
4'6"
7'9"
8'
16'6" 4'6"
18'15'

DRILL TRACK
MAIN TRACK 1
MAIN TRACK 2

GCP GCP
M.P.6.14
M.P.6.30
M.P.6.60
GCP
285HZ

15.2kHZ
GCP
285HZ

17.5kHZ
GCP
430HZ
GCP
430HZ

13.2kHZ

7.10kHZ
156HZ

17.5kHZ 156HZ
NBS
NBS

R/B R/B

R/B R/B
16'6"
15'
1R1
1R2
1T1
1T2

HEARST AVENUE

VIRGINIA STREET

GCP GCP
156HZ

15.2kHZ 156HZ

DAX TO BANCROFT WAY

DAX TO HEARST AVENUE

DAX TO GILMAN STREET

DAX TO CAMELIA STREET

DAX TO CEDAR STREET
3,709' 25+5+2(C.T.) SEC. @ 79 M.P.H.

DAX
1,129'+- 1,135'+-
CL CL I.J.
980'
3,709' 25+5+2(C.T.) SEC. @ 79 M.P.H.

DRIVE
7 8

DRILL TRACK
1,409' 25+5+2(C.T.) SEC. @ 30 M.P.H.

DRILL TRACK
GCPGCP 86HZ
45 DAX TO BANCROFT WAY

DAX TO HEARST AVENUE

DAX TO GILMAN STREET

DAX TO CAMELIA STREET

DAX TO CEDAR STREET
NBS
NBS
285HZ
285HZ W/800' DTL
W/800' DTL
3T1/1W(S)TN
3T2/1W(S)TB
2T2/1E(N)TN
2T1/1E(N)TB 4T2/2E(N)TN
4T1/2E(N)TB
5T2/2W(S)TB
5T1/2W(S)TN
430HZ W/1000' DTL

4,155'
1W(S)T
4,155'
2W(S)T

3,447'
1E(N)T
3,447'
2E(N)T

2E
4E
6E

73 71
642NBS
MAIN TRACK 1&2 MAIN TRACK 1&2
NBS
156HZ
NBS
156HZ
430HZ
156HZ
430HZ
156HZ

SIDEWALK

SIDEWALK
642 NBS
GCP
790HZ

20.2kHZ
GCP
430HZ

5.9kHZ
NBS
790HZ
GCP
156HZ

7.1kHZ
NBS
430HZ W/1200' DTL
86HZ
348HZ W/1400' DTL
NBS
430HZ W/1200' DTL
86HZ
348HZ W/1400' DTL
285HZ
285HZ

DAX B TO HEARST AVENUE

DAX C TO VIRGINIA STREET
DAX A OFFSET = '
DAX B OFFSET = '
DAX C OFFSET = '
PED-DAX A OFFSET = '
PED-DAX B OFFSET = '
PED-DAX A TO 65TH STREET
PED-DAX B TO 67TH STREET
PED-DAX A OFFSET = '
PED-DAX B OFFSET = '
DAX A OFFSET = '
DAX B OFFSET = '
DAX C OFFSET = '
DAX A WARNING TIME = 28 SECONDS
3RD STREET AND ADDISON STREET
TIME = 30 SECONDS

DAX B WARNING
DAX C WARNING TIME = 30 SECONDS
@ 30 M.P.H.
1,409' 25+5+2(C.T.) SEC.
8' 4'3"
= = = = = = = = = = = = = = = = = = = = = = = = = =
+-247'

DAX B TO HEARST AVENUE

DAX C TO VIRGINIA STREET
NOTES ARE ON SHEET 1A
+-
+-
NBS
CL
+-50'
7'9"
*
A B
A B
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y

03.28.22 5K 2TKUGTYP.1
ABC
ABC
AB
DAX A TO 3RD STREET AND ADDISON STREET
DAX A TO 3RD STREET AND ADDISON STREET
PED-DAX A TO 65TH STREET
PED-DAX B TO 67TH STREET
+-
+-
+-
DAX TO 3RD STREET AND ADDISON STREET
DAX TO 3RD STREET AND ADDISON STREET
430HZ W/1000' DTL
T R2140HZ
C C C
T
"B"
3 4
xx
5 6
1 2

Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST

NEW SHEET

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS
CIRCUIT Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
09/12/22
NST

60487
1A
751176H

5.92 BERKELEY, CALIFORNIA

BANCROFT WAY

MARTINEZ SUBDIVISION
Omaha, NebraskaOffice of AVP Engineering - Signal

UNION PACIFIC RAILROAD
0910592.1AX
583

41 43
583

380
37 39
N0592-0486PED1
N0592-0472PED1
0592-0486PED1
0592-0472PED1
TB
HOUSE

INSTRUMENT
TO M.P. 4.86
(7)
583
380

49 51
583

380 380
45 47
CABLE
380
N0592-0486PED2
N0592-0472PED2
0592-0486PED2
0592-0472PED2 SHT.3
CONN.380
380

1.1 OUT

1.2 OUT

2.1 OUT

2.2 OUT
583
380

9 11
583

380
5 7
583

13 15
N0592-0660DAX1
0592-0660DAX1
N0592-0630DAX1
N0592-0614DAX1
0592-0630DAX1
0592-0614DAX1
TB
HOUSE

INSTRUMENT
TO M.P. 6.14
(8)
583
380

21 23
583

380380
17 19
583

25 27
CABLE
380
380
380
380
380
N0592-0660DAX2
0592-0660DAX2
N0592-0630DAX2
N0592-0614DAX2
0592-0630DAX2
0592-0614DAX2
SHT.3
CONN.
380
380
380
583
380

29 31
380
583

33 35
380
N0660-0592DAX2
0660-0592DAX2
N0660-0592DAX1
0660-0592DAX1
380

3.1 OUT

3.2 OUT

4.1 OUT

4.2 OUT

5.1 OUT

5.2 OUT

2.1 IN

4.1 IN
CABLE NO. 7 12C#14 U.G.B.T. HOUSE TO M.P. 4.86

CABLE TABULATION
CABLE NO. 8 12C#14 U.G.B.T. HOUSE TO M.P. 6.14
CABLE NO. 9 7C#14 U.G.B.T. HOUSE TO M.P. 6.14
(9)
= GCP TO OPERATE IN SEMI-BI
DIRECTIONAL MODE. USE TAB 627
COUPLER.

INSULATED JOINTS.

TRANSPOSED ACROSS ALL
ENSURE TRACK POLARITY IS=
AS A 120V TO 240V ADAPTER.

FOR 240V TO 240V IS PROVIDED AS WELL

PORTABLE GENERATOR EXTENSION CORD

TO BE VERIFIED BY FIELD

OFFSET AND ISLAND DISTANCES

LENGTHS SHOULD NOT EXCEED MANUFACTURER'S

TRANSMITTER AND RECEIVER LEADS

TOP OF FOUNDATION TO BE AT SAME ELEVATION

AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.

LIGHTS:

NOTES:

ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.

RECOMMENDATION.

WIRE TO BE #6 AWG FLEX OR LARGER.

REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.

ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 90' CONDUIT
= TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.

ALL BUNGALOW WIRING TO BE #16 AWG FLEX

UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =

LED LIGHTS
xx = BELL
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
TRK 1 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED
TRK 2 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED

PREFERRED ISLAND WIRE CONNECTIONS
ARE A MINIMUM 50' FROM EDGE OF ROAD
TRK 4 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED
Designed:

Rec#: WO#:

IS: /
///
09/12/22

INSTALL NEW HOUSE,

GATES, FLASHERS AND
CWT AT M.P. 5.92

CORRIDOR PROJECT
WITH WO# 60469
60487

ANMNST
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8

1.)
AND ADDISON STREET M.P. 6.14 (WO#60469)
INSTALL AS A CORRIDOR PROJECT WITH 3RD STREET

2.)
CONSTRUCTION NOTES:

3.)
(4) 156HZ TAB 729 TRACK FILTERS
(4) 86HZ TAB 729 TRACK FILTERS
ORDER THE FOLLOWING FOR THIS LOCATION:

INSTALL (2) PAIR OF I.J.'S
*4.) = FIELD VERIFY DISTANCE
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(9)
(9)
(9)
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y

03.28.22 5K 2TKUGTYP.1

NEW SHEET
380

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT F
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit F (if applicable) will be the annual signal maintenance fee

FOR PID # 119334

STREET BANCROFT WAY

TOWN BERKELEY, CALIFORNIA
MILEPOST 5.92

SUBDIVISION MARTINEZ
AAR/DOT NO. 751176H
WORK ORDER# 60487

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 10
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 4
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 16
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 75 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 0
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 2 2
TOTAL UNIT COUNT 109
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $30,329
*UP supplied Unit Value
June 5, 2023
0 4

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
0 0
5 0
0 0
1 0
2 0
5 0
0

Office of the City Manager

CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool

RECOMMENDATION
Adopt two Resolutions certifying the City’s compliance with State Housing Laws and authorizing the City Manager to submit grant applications to the Metropolitan Transportation Commission (MTC) Housing Incentive Pool (HIP) for the following projects: San Pablo Avenue/Ashby Avenue Intersection Improvements Project for up to $1.9 million; Adeline Street Quick-Build for up to $1.05 million; and 7th Street/Anthony Street Complete Intersections Project for up to $2 million; accept the grants if awarded, and execute any resulting agreements and amendments.

FISCAL IMPACTS OF RECOMMENDATION
The City has been allocated a minimum of $1,508,000 through the HIP. The HIP program requires that multiple projects be submitted for consideration for funding to MTC by local jurisdictions. If the City wins these grant awards, depending on funding availability, MTC will provide a total of up to $4,869,814 to the City for improvements to several major corridors and local streets. The HIP funding requests are as follows, in priority order:
 $1,856,900 for the San Pablo Ave. and Ashby Ave. Intersection Improvements;  $1,971,914 for the 7th St and Anthony St. Complete Intersections project; and  $1,041,000 for the Adeline Street Quick-Build.

The program requires that applicants ensure eligibility for Federal Surface Transportation Block Grant (STP) and/or Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds by providing matching funds equal to 11.47% of the total project cost. Matching funds in the amount of up to $558,566 are available starting in fiscal year 2025 from Alameda County Transportation Sales Tax Measure BB direct local distribution Fund 134. Final matching funds required will depend on the amount of grant funding awarded to the City.

Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool

CALENDAR
December 10, 2024

Housing Incentive Pool Grant Funding Requests and Matching Funds San Pablo Ave. and Ashby Ave. Project Funding Request $1,856,900 Matching Funds for San Pablo Ave. and Ashby Ave. Project $212,987 7th St. and Anthony St. Project Funding Request $1,971,914 Matching Funds for 7th St. & Anthony St. Project $226,179 Adeline St. Quick-Build Project Funding Request $1,041,000 Matching Funds for Adeline St. Quick-Build Project $119,400 Total Housing Incentive Pool Grant Funding Request $4,869,814 City Matching Funds Available $558,566
TOTAL Housing Incentive Pool Grant and City Match $5,428,380

CURRENT SITUATION AND ITS EFFECTS
The safety countermeasures and traffic calming improvements in these projects were identified in the following Council approved plans:
 2017 Bicycle Plan (Resolution No. 67,945-N.S.),
 2019 Vision Zero Action Plan (Resolution No. 69,324-N.S.) and  2020 Pedestrian Plan (Resolution No. 69,711–N.S.).

These plans were the result of robust public engagement processes involving members of the public, Transportation Commissioners and numerous stakeholders throughout the City.

San Pablo Avenue and Ashby Avenue Intersection Improvements Project Both San Pablo Ave and Ashby Ave are identified as high injury streets in the 2020 Vision Zero Plan, underscoring the critical need for these improvements. The San Pablo Avenue and Ashby Avenue Intersection Improvements Project brings several significant safety and accessibility enhancements to the intersection. In addition to installing protected left turn signals and modified curb ramps, the widening of the northeast and southeast roadway sections of Ashby Ave at San Pablo Ave will better accommodate vehicle flow and pedestrian movement. The accessible pedestrian signal push buttons further improve crossing conditions, especially for individuals with disabilities. As part of the 2020 Berkeley Pedestrian Plan, Ashby Ave's designation as a high injury corridor places a strong focus on pedestrian safety. The inclusion of curb ramps that align with the crosswalk and the addition of protected left turn phasing align directly with the plan’s goals to enhance pedestrian safety and accessibility. Given the intersection's history of fatal, severe, and other injurious collisions, these targeted improvements will significantly reduce the risk of crashes and improve safety for all road users, from pedestrians and cyclists to motorists.

Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool

CALENDAR
December 10, 2024

7th St and Anthony St. Complete Intersections Project
The 7th and Anthony Street Intersections Project improvements will help transit riders safely access the AC Transit bus stops located on the northwest and southeast corners of the 7th St and Anthony St intersection, consistent with the citywide recommendations of the Berkeley City Council adopted 2023 Transit-First Policy Implementation Plan and 2020 Pedestrian Plan. This project will remove and replace the traffic signal at 7th and Potter St. with a new signal at 7th and Anthony St. While 7th Street is not categorized as a Vision Zero High Injury Street, the close proximity of the 7th/Potter signal to the busy intersection at 7th/Ashy Ave (State Route 13) has been observed to create frequent confusion and conflicts among road users. The project installs four high visibility crosswalks at 7th St. and Anthony St. and three high visibility crosswalks at 7th St and Potter St. A rectangular rapid flashing beacon (RRFB) and two-way stop will be implemented on Potter St. with right-turns only onto 7th St. Relocating the traffic signal further from Ashby Avenue (SR13) is intended to reduce confusion and conflicts with the heavy volumes of traffic accessing the state highway and the nearby I-80/I-580 interchange.

Adeline Quick-Build Project
Adeline St. has been identified as a High Injury Street in the 2020 Vision Zero Action Plan, with a pattern of drivers, cyclists, and pedestrians suffering severe injuries and at least one pedestrian fatality. This project runs on Adeline Street from Ashby Avenue to the Berkeley city limit at Martin Luther King Jr Way. There are currently six lanes of traffic on Adeline Street (three lanes in each direction). This project reduces the number of through lanes from six to four lanes and accommodates construction of a one-way protected bike lane (“cycle track”) on each side of Adeline Street in response to documented bicycle safety issues and to improve bicycling comfort. This gap closure project uses a quick-build approach, which allows a cost-effective means of constructing safe infrastructure while offering Public Works design flexibility to respond to community input. The project also supports improved transit operations by providing bus boarding islands at several stops on Adeline Street, and improves pedestrian crossing safety by upgrading medians at several pedestrian crosswalks. The project complements the City of Oakland’s proposed protected bikeway on Martin Luther King Jr. Way, currently at 35% design, to be installed as part of OakDOT’s 2026 repaving program. The Oakland project would connect directly to the proposed Berkeley project at the Berkeley/Oakland border, thus creating a seamless protected bikeway connection through South Berkeley and North Oakland. City and Oakland staff are closely coordinating the two efforts.

These projects advance the Strategic Plan goals of providing state-of-the-art, well- maintained infrastructure, amenities, and facilities; and creating a resilient, safe, connected, and prepared city.

BACKGROUND

Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool

CALENDAR
December 10, 2024

The Housing Incentive Pool (HIP) is a program administered by MTC that provides $71M total in federal transportation funding to local jurisdictions for 2024. The HIP funds transportation improvement projects to the region’s top fifteen jurisdictions that produced and preserved the most qualifying affordable housing units on a per-unit basis. The City has been awarded a minimum of $ 1,508,000 through this program. The HIP program requires that multiple projects be submitted for consideration for funding to MTC by local jurisdictions. This program is funded through $58 million in flexible federal funds through the second round of the One Bay Area Grant (OBAG 2) program and $18 million in local funds.

In order to be eligible for HIP funding per MTC requirements, the City must adopt a Resolution of Local Compliance with State Housing Law. The City demonstrates compliance with State Housing Laws by referencing Ch. 23.306 Accessory Dwelling Units, and Ch. 23.330 Density Bonus of the Berkeley Municipal Code, and Resolution 71,401-N.S. Prioritizing Affordable Housing on City-Owned Land.

There is an urgent need to coordinate the delivery of a protected bike lane project on Adeline Street in the City with the 2026 OakDOT repaving project which will install a protected bike lane on Martin Luther King Jr. Way in neighboring Oakland. For this reason, City staff are pursuing multiple grant funding opportunities for the Adeline Quick Build, including California Active Transportation Program Cycle 7 and Regional Measure 3 Safe Routes to Transit and Bay Trail funding, in addition to this MTC HIP funding request.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
These projects are designed to promote sustainable transportation and climate resilience by improving traffic safety for pedestrians and bicyclists. This is consistent with the 2009 Climate Action Plan (Plan) Policy 5.A, which calls for expanding and improving the City’s bicycle and pedestrian infrastructure. The Plan’s target is to reduce transportation emissions 80% below year 2000 levels by 2050. The Plan further states that transportation modes, such as public transit, walking and bicycling, must become the primary means of fulfilling the City’s mobility needs in order to meet these targets.

RATIONALE FOR RECOMMENDATION
The HIP funding allows the City to address traffic safety issues along major transportation corridors and promote environmentally-friendly mobility. The need for the projects in these applications has been identified in the following Council-approved plans:
 2017 Bicycle Plan (Resolution No. 67,945-N.S.),
 2019 Vision Zero Action Plan (Resolution No. 69,324-N.S.) and  2020 Pedestrian Plan (Resolution No. 69,711–N.S.).

Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool

CALENDAR
December 10, 2024

Not applying would mean foregoing up to $4,869,814 in potential grant funding and leaving traffic safety issues on these streets unaddressed.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to apply for these funds. However, no alternative funding source has been identified to complete these key traffic safety and sustainability projects.

CONTACT PERSON
Wahid Amiri, Deputy Director, 510-981-6396
Eric Anderson, Principal Planner, 510-981-7062
Attachments:
1: Resolution of Local Support
2: Resolution of Local Compliance with State Housing Law Exhibit A: Resolution No. 71-401: Prioritizing Affordable Housing on City-Owned Land Exhibit B: Berkeley Municipal Code, Chapter 23.306, Accessory Dwelling Units Exhibit C: Berkeley Municipal Code, Chapter 23.330, Density Bonus

Resolution of Local Support
RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO

MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE PROJECT

WHEREAS, City of Berkeley (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for up to $4,869,814 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the San Pablo Avenue and Ashby Avenue Intersection Improvements Project, Adeline Quick-Build Project, and 7th St and Anthony St. Complete Intersections Project. (herein referred to as PROJECT) for the Housing Incentive Pool (herein referred to as PROGRAM); and

WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and

WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and • in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL

DISCRETIONARY FUNDING for the PROJECT; and

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and

BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and

BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and

BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC funded transportation and transit projects implemented by APPLICANT; and

BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE

IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and

BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and

BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and

BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and

BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and

BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and

BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and

BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution,

and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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

COMPLIANCE WITH STATE HOUSING LAWS

WHEREAS, the San Francisco region has the highest housing costs in the United States; and

WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate- income housing units from 2007-2014, and is on track to similarly underproduce low income units during the 2015-2023 time period; and

WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and

WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and

WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (Junior ADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and

WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and

WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development.

BE IT FURTHER RESOLVED that the City of Berkeley agrees to comply with state laws related to ADUs and Junior ADUs, as it exists now or may be amended in the future, including, but not limited to California Government Code §§ 66310 - 66342and California Health & Safety Code §§ 17980.12.

BE IT FURTHER RESOLVED that the City of Berkeley agrees to comply with the state Density Bonus Law (California Government Code § 65915 et seq.), as exists now or may be amended in the future.

BE IT FURTHER RESOLVED that the City of Berkeley warrant and represents that is in compliance with the aforementioned state housing laws and that there are no claims, actions, suits, or proceedings pending to the best of the City of Berkeley’s knowledge, alleging violations of the state housing laws by the City of Berkeley.

Exhibits
A: Resolution No. 71-401: Prioritizing Affordable Housing on City-Owned Land B: Berkeley Municipal Code, Chapter 23.306, Accessory Dwelling Units C: Berkeley Municipal Code, Chapter 23.330, Density Bonus

23.306.010

23.306.020

23.306.030

23.306.040
Chapter 23.306

ACCESSORY DWELLING UNITS
Sections:

Purpose.

Applicability.

Development Standards.

Permit Procedures.

23.306.010 Purpose.

This Chapter establishes accessory dwelling unit (ADU) and junior accessory dwelling unit (Junior ADU) standards that:

A. Implement California Government Code Section 65852.1, 65852.2 and 65852.22.

B. Increase overall supply and range of housing options in Berkeley.

C. Expedite small-scale infill development.

D. Support Housing Element goals of facilitating construction of accessory dwelling units and increasing the number of housing units that are more affordable to Berkeley residents.

E. Encourage development of accessory dwelling units in zoning districts with compatible land uses and infrastructure. (Ord. 7888-NS § 8, 2023; Ord. 7799-NS § 1, 2022; Ord. 7797-NS § 1, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)

23.306.020
Applicability.

A. The provisions of this chapter apply to zoning districts where residential uses are permitted, on lots that have at least one existing or proposed Dwelling Unit or Group Living Accommodation that is not a Fraternity House, Sorority House or Dormitory.

B. Number Permitted. See Table 23.306-1--ADU and Junior ADU Maximum Number of Units per Lot.

C. Density Exemption. ADUs and Junior ADUs are not included in the minimum or maximum density established by the underlying zoning district.

Ch. 23.306 Accessory Dwelling Units | Berkeley Municipal Code Page 1 of 6 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

Table 23.306-1. ADU AND JUNIOR ADU MAXIMUM NUMBER OF UNITS PER LOT Use, Primary ADU and Junior ADU, Maximum Per Lot
Single Family Dwelling, one unit on lot 1 ADU and 1 Junior ADU, both are permitted Single Family Dwelling, more than one unit on lot 1 ADU Duplex or Multi-Family Dwelling 2 detached ADUs and at least one interior ADU up to 25% of the total number of existing duplex or
multi-family dwelling units on the lot
Group Living Accommodation 1 ADU
(Ord. 7888-NS § 8, 2023; Ord. 7799-NS § 1, 2022; Ord. 7797-NS § 1, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)

23.306.030 Development Standards.

A. Basic Standards. See Table 23.306-2: ADU Development Standards.

Table 23.306-2. ADU DEVELOPMENT STANDARDS
Basic Standards Supplemental Standards
Gross Floor Area, Maximum 23.306.030(A)(1);

23.306.030(A)(2);

23.306.030(A)(3) Studio or 1 bedroom 850 sq. ft.
2+ bedrooms 1,000 sq. ft.

Building Height, Maximum
Conversion Same as existing structure 23.306.030(A)(1);

23.306.030(A)(3)
Detached, New Construction 20 ft.

Attached, New Construction 25 ft. 23.306.030(A)(5);

23.306.030(A)(8)
Lot Line Setbacks, Minimum
Front of Interior Lot Same as underlying district 23.306.030(A)(3);

23.306.030(A)(4);

23.306.030(A)(6)
Ch. 23.306 Accessory Dwelling Units | Berkeley Municipal Code Page 2 of 6 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

Table 23.306-2. ADU DEVELOPMENT STANDARDS
Basic Standards Supplemental Standards
Front of Through Lot Same as underlying district or 10
ft. on the secondary frontage as
determined by the Zoning Officer
Rear 4 ft.

Interior Side 4 ft.

Street Side 4 ft.

Building Separation for Detached ADU, Minimum
Outside the Hillside Overlay 5 ft.

Within the Hillside Overlay 8 ft. 23.306.030(A)(7)
Required Off-Street Parking
Spaces
See 23.322.030-- Required
Parking Spaces

1. Existing Building Conversion. An ADU created entirely through conversion with no modifications to the existing building envelope that exceeds the development standards for maximum gross floor area in Table

23.306-2, ADU Development Standards, is allowed a physical addition of no more than 150 square feet. The addition must comply with maximum height and setback requirements.

2. Duplex or Multi-Family Dwelling Conversion. Interior ADU(s) must be created entirely through non- habitable residential portions of the existing main building that are not within the living space of a dwelling unit (e.g. basement, attic, garages, storage room).

3. Accessory Building or Accessory Structure Conversion. An ADU converted from a legally established accessory building or accessory structure is allowed to maintain non-conformity to the same location and dimensions of the existing accessory building or accessory structure, provided that the ADU meets fire and safety standards set forth in the California Building Standards Code adopted in BMC Title

19. Any physical
additions to the existing accessory building or accessory structure shall comply with the development standards in Table 23.306-2 ADU Development Standards.

4. Front Setback, New Construction. An ADU shall not occupy area within the front setback, unless the requirement would preclude an ADU of 800 square feet. Should an ADU require area within the front setback, the ADU shall maintain a minimum 10-foot setback from the front lot line, unless such setback would preclude an ADU of 800 square feet. If a 10-foot setback would preclude an ADU of 800 square feet, the ADU shall maintain a 5-foot setback from the front lot line. If a 5-foot setback would preclude an ADU of 800 square feet, the ADU may be sited up to the front lot line.

Ch. 23.306 Accessory Dwelling Units | Berkeley Municipal Code Page 3 of 6 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

5. Attached ADU. An ADU shall be considered attached if sharing a common wall with a primary dwelling.

6. Detached ADU Setback Exceptions. If there is a lesser setback allowed in 23.304.060 -- Accessory Buildings and Enclosed Accessory Structures for a comparable accessory building or accessory structure in the underlying zoning district, that setback shall apply.

7. Building Separation for Detached ADU. A minimum 8-foot separation is required within the Hillside Overlay, except where such separation would preclude an ADU of 800 square feet, in which case the minimum building separation shall be reduced to 5 feet.

8. Attached ADU, New Construction Height. Attached ADUs with height up to 25 ft. allowed with a Zoning Certificate.

B. Junior ADUs.

1. Basic Standards. A Junior ADU shall be contained entirely within an existing or proposed single family dwelling or its attached garage, and have no more than 500 square feet in floor area.

2. Shared Sanitation Facility. If a Junior ADU shares a sanitary facility with a single-family dwelling, an internal connection between the Junior ADU and the main living area of the single family dwelling is required.

3. Junior ADU Floor Area. The Junior ADU gross floor area calculation excludes any shared sanitation facility with the single family dwelling.

C. Projections.

1. Outside of the Hillside Overlay. Chimneys, water heater enclosures, flues, heating and cooling equipment, eaves, cornices, canopies, awnings, bay windows, and balconies may project two feet into the required front and side setbacks, so long as there remains at least a two-foot setback from property lines. Bay windows and balconies may not project into a required rear ADU setback.

2. Within the Hillside Overlay. No projections shall be allowed within a required setback.

D. Rooftop Decks within the Hillside Overlay. Roofs on ADUs within the Hillside Overlay may not be designed, converted, or used as usable open space. (Ord. 7888-NS § 8, 2023; Ord. 7799-NS § 1, 2022; Ord. 7797-NS § 1, 2022:

Ord. 7787-NS § 2 (Exh. A), 2021. Formerly 23.306.040)

23.306.040
Permit Procedures.

A. Zoning Certificate. An application for an ADU or Junior ADU shall be allowed with a Zoning Certificate. Review must be completed within 60 days of submission of a completed application. A completed application must include evidence of compliance with this Chapter, including development standards, deed restrictions, and neighborhood noticing.

Ch. 23.306 Accessory Dwelling Units | Berkeley Municipal Code Page 4 of 6 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

1. If an application to create an ADU or Junior ADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a building permit shall not be issued for the ADU or Junior ADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired.

See

23.404.060(A) Post-Decision Provisions (Effective Dates).

2. Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or Junior ADU that complies with the requirements of Government Code Section 65852.2(e)(1).

3. Issuance of a Zoning Certificate for the construction or conversion of an ADU or Junior ADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.

B. Neighbor Noticing.

1. Scope and Timing of Notice. Notice of an ADU application shall be mailed to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the building permit application to the City.

2. Content of Notice. Notice shall provide the address of the project, allowable hours of construction, a link to the City’s ADU webpage, and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant.

3. Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

C. Deed Restriction. The property owner shall file a deed restriction with the Alameda County Recorder which states:

1. The Junior ADU shall not be sold separately from the main building;

2. The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D) ADUs Developed by a Qualified Nonprofit Developer are met;

3. The ADU and/or Junior ADU shall not be rented for a term that is shorter than 30 days; and

4. If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied.

D. ADUs Developed by a Qualified Nonprofit Developer. An ADU built or developed by a "qualified nonprofit corporation" may be sold or conveyed separately from the main building to a "qualified buyer," as such terms are defined in subdivision (b) of Section
65852.26 of the California Government Code. The ADU must be held pursuant to a recorded tenancy in common agreement recorded on or after December 31, 2021 that includes the following elements:

1. Delineation of all areas of the property that are for the exclusive use of a cotenant;

2. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property; Ch. 23.306 Accessory Dwelling Units | Berkeley Municipal Code Page 5 of 6 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

Disclaimer: The City Clerk’s Office has the official version of the Berkeley Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above.

City Website: www.berkeleyca.gov
Hosted by General Code.

3. Procedures for dispute resolution among cotenants before resorting to legal action;

4. Allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies;

5. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or primary dwelling if the buyer desires to sell or convey the property;

6. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence; and

7. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

8. If requested by a utility providing service to the primary residence, the ADU shall have a separate water, sewer, or electrical connection to that utility. (Ord. 7888-NS § 8, 2023; Ord. 7799-NS § 1, 2022: Ord. 7797-NS § 1, 2022. Formerly 23.306.030)
Ch. 23.306 Accessory Dwelling Units | Berkeley Municipal Code Page 6 of 6 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

23.330.010

23.330.020

23.330.030

23.330.040

23.330.050

23.330.060

23.330.070

23.330.080
Chapter 23.330

DENSITY BONUS
Sections:

Chapter Purpose.

Definitions.

Application Requirements.

Density Bonus Calculations and Procedures.

Incentives and Concessions.

Waivers and Reductions.

Qualifying Units.

Regulatory Agreements.

23.330.010 Chapter Purpose.

The purpose of this chapter is to:

A. Establish procedures and local standards to implement California Government Code Sections 65915--65918 consistent with local zoning regulations and development standards; and B. Provide special provisions consistent with the intent of State and local law. Unless otherwise noted, all section references in this chapter are to the California Government Code. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.330.020
Definitions.

A. Terms Defined. Terms used in this chapter are defined as follows:

1. Administrative Regulations. Guidelines and procedures promulgated by the Planning Director that may be modified from time to time to effectively implement this ordinance.

2. Base Project. The maximum allowable residential density on a housing development site pursuant to the applicable zoning district or, where no density standard is provided, as set forth in the Administrative Regulations before applying the density bonus.

3. Density Bonus. Those residential units, floor area, rental beds or bedrooms added to the Base Project pursuant to the provisions of Government Code Section
65915 and this chapter.

4. Eligible Housing Development. As defined in Government Code Section 65917.2.

5. Housing Development. As defined in Government Code Section 65915(i).

Ch. 23.330 Density Bonus | Berkeley Municipal Code Page 1 of 4 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

6. Incentive and Concession. An incentive or a concession as the terms are used in Government Code Section 65915 and in particular as defined in Section 65915(k) thereof. The City may request reasonable documentation from the applicant to support the request.

7. Qualifying Unit. A unit that is provided at a below market-rate rent or sales price as set forth in Government Code Section 65915 to receive a Density Bonus and/or Waivers and Reductions and/or Incentives and Concessions.

8. Waiver and Reduction. A waiver or a reduction as the terms are used in Government Code Section 65915
and in particular in Section 65915(e) thereof, and means any and all changes to or exemptions from physical lot development standards that are required to avoid precluding the construction of a Housing Development with Density Bonus Units, as set forth in Section 65915(e). The City may request reasonable documentation from the applicant to support the request.

B. Terms Not Defined. Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.330.030 Application Requirements.

A. Required Information. In addition to any other information required by the Zoning Ordinance, an application for a density bonus must include the following information:

1. How the proposed project will satisfy the eligibility requirements of Section 65915 or 65917.2.

2. For those districts without density standards, a density bonus schematic as set forth in the City of Berkeley Administrative Regulations.

3. The requested density bonus pursuant to Municipal Code Section 23.330.040 (Density Bonus Calculations and Procedures).

4. Any waivers and reductions that are sought under Section 65915.e that would be required to
accommodate the housing development including the density bonus units.

5. Any incentives and concessions that are sought under Section 65915.d accompanied by documentation
of resulting cost reductions to provide for affordable housing costs.

6. Any requested additional bonus units under Section
65915.n.

7. Any requested parking reductions under Section 65915.p.

8. Whether the applicant elects to receive a density bonus that is less than that mandated by Section 65915, including a density bonus of zero. In such cases, the applicant retains their entitlement to incentives and concessions.

Ch. 23.330 Density Bonus | Berkeley Municipal Code Page 2 of 4 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

9. Documentation of how a project complies with regulations regarding replacement units as described in Section 65915.c.3.

B. Documentation Supporting Requests. The City may request reasonable documentation from the applicant to support requested waivers/reductions and incentives/concessions. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.330.040 Density Bonus Calculations and Procedures.

A. Calculation. Density bonuses must be calculated as set forth in Section 65915, 65917.2, and pursuant to the Administrative Regulations.

B. Procedures. Density bonus requests must accompany housing development permit applications and will be decided upon concurrent with the underlying permit for the project. (Ord. 7787-NS § 2 (Exh. A), 2021)

23.330.050 Incentives and Concessions.

A. Calculation. For purposes of this chapter, the number of incentives and concessions are counted as follows:

1. Any incentive and concession that would otherwise require discretionary approval by the Zoning Officer, the ZAB, or City Council of any single dimensional lot development standard, such as height or setbacks, or any single quantitative lot development standard, such as parking or open space, counts as one.

2. A proposed incentive and concession that would involve exceedance of a single physical lot development standard counts as one even if that exceedance would otherwise require more than one permit (e.g., extra height may require permits for height, floor area ratio, and/or number of stories but would count as one incentive and concession for height).

3. Where it is ambiguous as to whether a proposed incentive and concession involves one or more dimensional or quantitative lot development standards, the stricter interpretation applies, as determined by the review authority.

B. Procedural Requirements.

1. The City shall grant incentives and concession unless findings are made as set forth in Section 65915d.1.

2. The City is not required to deny a proposed incentive and concession solely because it can make a finding under Section 65915.d.1.

3. The City bears the burden of proof for the denial of a requested incentive and concession.

4. Unless denied under Section 65915, incentives and concessions are exempt from discretionary review of permits under the Zoning Ordinance, other than Design Review, and by law do not modify the CEQA review status of a project. (Ord. 7787-NS § 2 (Exh. A), 2021)
Ch. 23.330 Density Bonus | Berkeley Municipal Code Page 3 of 4 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

Disclaimer: The City Clerk’s Office has the official version of the Berkeley Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above.

City Website: www.berkeleyca.gov
Hosted by General Code.

23.330.060 Waivers and Reductions.

A. Proposal. An applicant may submit to the City a proposal for waivers and reductions of development standards that physically prevent construction of a housing development and density bonus units meeting the criteria of Section 65915.b.

B. Negotiated Process. The City may negotiate changes to the requested waivers and reductions as part of the Use Permit and Design Review process, in coordination with the applicant, to address aspects of the project that may be of concern in the community or inconsistent with overarching principles of the General Plan, Zoning Ordinance, and Design Guidelines.

C. Denial. The City may deny waivers and reductions for the reasons set forth in Section 65915.e.1. (Ord.
7787-NS § 2 (Exh. A), 2021)

23.330.070 Qualifying Units.

Qualifying units must meet the standards set forth in Chapter 23.328 (Affordable Housing Requirements). (Ord. 7853-NS § 3, 2023)

23.330.080 Regulatory Agreements.

Before issuance of a certificate of occupancy for a housing development that has received a density bonus, the applicant must enter into a regulatory agreement in a form provided by the City that implements Sections 65915--65918 and this chapter. (Ord. 7787-NS § 2 (Exh. A), 2021) Ch. 23.330 Density Bonus | Berkeley Municipal Code Page 4 of 4 The Berkeley Municipal Code is current through Ordinance 7926-NS, passed July 9, 2024.

Office of the City Manager

CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Establishing a New Schedule of Fines and Late Payment Penalties for Parking Violations; and Rescinding Resolution No. 70,924-N.S.

RECOMMENDATION
Adopt a Resolution updating the existing schedule of parking violations and fines to include parking violations and late payment penalties for California’s new daylighting law, Assembly Bill 413 (AB 413); and rescinding resolution No. 70,924-N.S.

FISCAL IMPACTS OF RECOMMENDATION
The recommendation will increase revenue to the General Fund because, beginning January 1, 2025, Parking Enforcement staff will be able to cite vehicles for parking within an unmarked daylighting zone. However, it is not known how much revenue will increase.

CURRENT SITUATION AND ITS EFFECTS
Beginning January 1, 2025, the new state daylighting law becomes enforceable.

Implementing the law will include public education about the new law and Parking Enforcement Officer training to implement the new law. To enforce the state law, the City’s schedule of parking violations and fines needs to be updated with the applicable section of the California Vehicle Code that establishes the legal framework for the daylighting law so that officers can issue citations for vehicles illegally parked in these zones.

The City’s support for daylighting predates the state’s action. On February 28, 2023, the City Manager received a referral from Council titled, “Creation of an Intersection Daylighting Policy,” to develop a comprehensive intersection daylighting policy, including to identify priority areas for daylighting such as high-injury streets, streets and intersections with especially high pedestrian traffic, commercial districts, and streets near schools and colleges. Despite limited resources, Public Works has been incorporating daylighting into the City's annual pavement rehabilitation program, Vision Zero and transportation capital projects, traffic calming initiatives, and general work orders. Parking Enforcement will be able to cite vehicles for violating the daylighting law 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/

Establishing a New Schedule of Fines and Late Payment
Penalties for Parking Violations; and Rescinding Resolution No. 70,924-N.S. CONSENT CALENDAR December 10, 2024

even before all daylighting zones are marked with red curbs, which will be implemented gradually over the coming years.

BACKGROUND
Daylighting is a simple and effective concept that improves safety by removing parked cars next to crosswalks to increase visibility and reduce potentially lethal collisions.

Preventing drivers from parking in the spaces directly before an intersection increases visibility and improves sightlines for all road users, helping people see each other before proceeding through an intersection. This low-cost measure is an extremely effective step towards the City of Berkeley’s Vision Zero goal, as most collisions take place at or near intersections.

AB 413, California’s new daylighting law, was signed into law in October 2023. The law created a new section of the California Vehicle Code, section 22500(n), to prohibit stopping, standing, or parking a vehicle within 20 feet of any unmarked or marked crosswalk or within 15-feet of any crosswalk with a curb extension. The law went into effect on January 1, 2024, and starting on January 1, 2025, cities can issue citations for violating it.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Daylighting intersections improves road safety for sustainable modes of transportation, such as walking and biking. Actions that encourage walking and biking are important steps to reducing climate impacts and helping Berkeley achieve the goals outlined in the City’s Climate Action Plan.

RATIONALE FOR RECOMMENDATION
Adding a daylighting violation to the schedule of parking violations and fines would allow the City to enforce AB 413, California’s daylighting law, to prohibit stopping, standing, or parking a vehicle within 20 feet of any unmarked or marked crosswalk or 15 feet of any crosswalk with a curb extension.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered. The City is subject to California state law and must be able to enforce daylighting violations at unmarked locations. If this resolution is not approved, then the City will not be able to enforce the state daylighting law, and people will be able to park illegally without any consequences.

CONTACT PERSONS
Wahid Amiri, Deputy Public Works Director, Public Works, (510) 981-6396 Elliott Schwimmer, Senior Transportation Planner, Public Works, 510-981-7066 Joshua Brett, Assistant Transportation Planner, Public Works, 510-981-7064

Establishing a New Schedule of Fines and Late Payment
Penalties for Parking Violations; and Rescinding Resolution No. 70,924-N.S. CONSENT CALENDAR December 10, 2024

Attachments:
1: Resolution
Exhibit A: Schedule of Fines and Late Payment Penalties for Parking Violations Exhibit B: New Parking Violations

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

ESTABLISHING A NEW SCHEDULE FOR PARKING VIOLATIONS, FINES, AND LATE PAYMENT PENALTIES; AND RESCINDING RESOLUTION NO.70,924-N.S.

WHEREAS, California Assembly Bill 413 amends section 22500 of the Vehicle Code to prohibit the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present, starting on January 1, 2024; WHEREAS, the City of Berkeley can begin issuing citations for violating section 22500 of the Vehicle Code starting January 1, 2025;
WHEREAS, the Berkeley City Council has directed City staff to develop a comprehensive intersection daylighting policy;
WHEREAS, no violation type exists in the schedule of parking violations and late payment penalties for daylighting violations at unmarked locations; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a new schedule of parking violations and late payment penalties is established, as set forth in Exhibit A, which includes fines and late penalties for violations of Vehicle Code section 22500(n), pertaining to parking within 20 feet of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present.

BE IT FURTHER RESOLVED that Resolution No.70,924-N.S is rescinded.

Exhibits
Exhibit A: Schedule of Fines and Late Payment Penalties for Parking Violations Exhibit B: New Parking Violations

Exhibit A: Schedule of Fines and Late Payment Penalties for Parking Violations Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 6.24.020 Off-St Rsrv Pkg No Permit
Displayed
$48 $78 $128
BMC 6.24.020 FD Off-St Rsrv Pkg No Permit
Displayed
BMC 6.24.020 Non-Electric Vehicle Parked in
Electric Vehicle Space
$35 $65 $115
BMC 6.24.060 Electric Vehicle Exceeding EV
Parking Space Time Limit
$30 $60 $110
BMC 6.24.020 Electric Vehicle Not Actively
Charging in EV Parking Space
$35 $65 $115
BMC 6.24.093 P&D Dispensing Mach Tkt Not
Displayed
$43 $73 $123
BMC 6.24.093 FD P&D Dispensing Mach Tkt
Not Displayed
$65 $95 $145
BMC 6.24.096 Improper Display of P&D Disp
Mach Tkt
$43 $73 $123
BMC 6.24.096 FD Improper Display of P&D Disp
Mach Tkt
$65 $95 $145
BMC 6.24.100 B P&D Station Expired Time $43 $73 $123
BMC 6.24.100 B FD P&D Station Expired Time $65 $95 $145 BMC 6.24.103 B Time Limits Enforced at
Inoperable P&D Sta
$43 $73 $123

December 10, 2024
2 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 6.24.103 B FD Time Limits Enforced at
Inoperable P&D Sta
$65 $95 $145
BMC 6.24.130 Off-St Facility: Motorcycle Zone
Only
$48 $78 $128
BMC 6.24.130 Off-St Facility: Pkg Outside
Markings
$48 $78 $128
BMC 6.24.130 FD Off-St Facility: Pkg Outside
Markings
$72 $102 $152
BMC 6.24.130 Off-St Facility: Disabled Zone $288 $318 $368 BMC 6.24.130 FD Off-St Facility: Disabled Zone $288 $318 $368 BMC 6.24.130 Off-St Facility: Restricted Load
Zone
$48 $78 $128
BMC 6.24.130 FD Off-St Facility: Restricted
Load Zone
$72 $102 $152
BMC 6.24.130 Off-St Facility: Unmarked Space $48 $78 $128 BMC 6.24.130 FD Off-St Facility: Unmarked
Space
$72 $102 $152
BMC 6.24.140 Off-St Facility: Backed-In $48 $78 $128
BMC 9.52.140 Unattended Taxi Over 5 Min $91 $121 $171
BMC 13.52.040 Unauth Pkg on Private Property $41 $71 $121 BMC 14.24.070 Unauth Vehicle on Private Prop $64 $94 $144 BMC 14.24.230 No Parking in Transit-Only Lane $263 $293 $343

December 10, 2024
3 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.24.230 FD No Parking in Transit-Only
Lane
$263 $293 $343
BMC 14.36.030
A
No Parking on Divisnl Islands $55 $85 $135
BMC 14.36.030
A
FD No Parking on Divisnl Islands $83 $113 $163
BMC 14.36.030
C
No Parking Zone (Sign Posted) $64 $94 $144
BMC 14.36.030
C
FD No Parking Zone (Sign
Posted)
$96 $126 $176
BMC 14.36.030
C
No Parking Zone (Red Curb) $64 $94 $144
BMC 14.36.030
C
FD No Parking Zone (Red Curb) $96 $126 $176
BMC 14.36.030
D
No Parking Street Sweeping
(sign)
$49 $79 $129
BMC 14.36.030
E
No Parking on Railroad Tracks $64 $94 $144
BMC 14.36.030
F
Hazard Obstructing Traffic $64 $94 $144
BMC 14.36.030
F
FD Hazard Obstructing Traffic $96 $126 $176
BMC 14.36.030
G
Construct: No Permit on
Dashboard
$64 $94 $144

December 10, 2024
4 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.36.030
G
FD Construct: No Permit on
Dashboard
$96 $126 $176
BMC 14.36.050 On Street 72 or More Consec hrs $60 $90 $140 BMC 14.36.060 Repair Vehicle on Street $52 $82 $132
BMC 14.36.080 Vehicle Parked in School Zone $51 $81 $131 BMC 14.36.090 Pkg on Grade Brake/Block
Wheels
$55 $85 $135
BMC 14.36.110 Emerg Prkg w/o Permit (Tow
CVC 22651)
$52 $82 $132
BMC 14.40.010 3 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 3 min Limit Zone Overtime $65 $95 $145 BMC 14.40.010 5 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 5 min Limit Zone Overtime $65 $95 $145 BMC 14.40.010 10 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 10 min Limit Zone Overtime $65 $95 $145 BMC 14.40.010 12 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 15 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 24 min Limit Zone Overtime $43 $73 $123
BMC 14.40.010 FD 24 min Limit Zone Overtime $65 $95 $145 BMC 14.40.020 30 min Limit Zone Overtime $43 $73 $123
BMC 14.40.020 FD 30 min Limit Zone Overtime $65 $95 $145

December 10, 2024
5 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.40.030 1 hr Limit Zone Overtime $43 $73 $123
BMC 14.40.030 FD 1 hr Limit Zone Overtime $65 $95 $145
BMC 14.40.030 Faulty Meter Over 1 hr Limit $43 $73 $123 BMC 14.40.040 2 hr Limit Zone Overtime $43 $73 $123
BMC 14.40.040 FD 2 hr Limit Zone Overtime $65 $95 $145
BMC 14.40.040 Faulty Meter Over 2 hr Limit $43 $73 $123 BMC 14.40.050
A
Parallel Pkg Veh Outside
Markers
$48 $78 $128
BMC 14.40.050
B
Veh Facing Wrong Way 1-way St $48 $78 $128
BMC 14.40.050
B
FD Veh Facing Wrong Way 1-
way St
$72 $102 $152
BMC 14.40.050
B
Pkg Over 18" from Curb 1-way St $51 $81 $131
BMC 14.40.050
B
FD Pkg Over 18" fr Curb 1-way St $77 $107 $157
BMC 14.40.060
A
Diagonal Pkg Veh Outside
Markers
$51 $81 $131
BMC 14.40.060
B
Diagonal Pkg FW Over 6" from
Curb
$51 $81 $131
BMC 14.40.070
A
No Stopping 4-6pm (Tow CVC
22651)
$64 $94 $144
BMC 14.40.070
A
FD No Stopping 4-6pm (Tow
CVC 22651)
$96 $126 $176

December 10, 2024
6 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.40.070
A
No Stopping 7-9am (Tow CVC
22651)
$64 $94 $144
BMC 14.40.070
A
No Stopping 9pm-6am (Tow
CVC 22651)
$64 $94 $144
BMC 14.40.070
A
Posted No Stopping Tow Away $64 $94 $144
BMC 14.40.090 RPP Zone No RPP Permit
Displayed
$49 $79 $129
BMC 14.40.090 FD RPP Zone A,B,D No Permit
Dsply
$98 $128 $178
BMC 14.40.090 RPP Zone K No Permit Displayed $57 $87 $137 BMC 14.40.090 RPP Zone RPP Permit Expired $49 $79 $129
BMC 14.40.090 FD RPP Zone A,B,D Permit
Expired
$98 $128 $178
BMC 14.40.090 RPP Zone Permit Improper
Display
$49 $79 $129
BMC 14.40.090 FD RPP A,B,D Permit lmprop
Dsply
$98 $128 $178
BMC 14.40.090 No RPP Permit Displayed in
Enhanced Fine Area (Football
Game Days)
$225 $255 $305
BMC 14.40.130 Pkg/Standing in City Lots/Spaces $55 $85 $135

December 10, 2024
7 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.40.130
A
City Lot No Permit Displayed $57 $87 $137
BMC 14.40.130
C
Reserved Pkg No Permit
Displayed
$49 $79 $129
BMC 14.40.130
E
Reserved City Hall Pkg Towable $64 $94 $144
BMC 14.40.150
A
Car Parking in Motorcycle Area $51 $81 $131
BMC 14.40.150
B
Motorcycle Zone Overtime $51 $81 $131
BMC 14.40.160 Dbl-Pkd Commer Vehicle Center
St
$60 $90 $140
BMC 14.44.020
B
Commer Zone No Permit (yellow) $57 $87 $137
BMC 14.44.020
B
FD Commer Zone No Permit
(yellow)
$86 $116 $166
BMC 14.44.020
A
Commercial Zone Overtime $57 $87 $137
BMC 14.44.020
A
FD Commercial Zone Overtime $86 $116 $166
BMC 14.44.030 Passenger Load Zone (white
curb)
$57 $87 $137
BMC 14.44.030 FD Passgr Load Zone (white
curb}
$86 $116 $166
BMC 14.44.040 No Stopping Bicycle Zone $55 $85 $135

December 10, 2024
8 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.44.040 FD No Stopping Bicycle Zone $83 $113 $163 BMC 14.44.050 Special Passenger Load Zone
only
$57 $87 $137
BMC 14.44.060 Parking in Coach (bus) Zone $64 $94 $144
BMC 14.44.060 FD Parking in Coach (bus} Zone $96 $126 $176 BMC 14.44.070 Unauthorized Use of Funeral
Zone
$51 $81 $131
BMC 14.44.080 Taxicab Parking Only $51 $81 $131
BMC 14.44.080 Unauthorized Taxicab Stand Pkg $51 $81 $131 BMC 14.46.040
B
Non-Electric Vehicle Parked in
EV Space
$49 $79 $129
BMC 14.46.050
B
Electric Vehicle Exceeding EV
Space Time Limit
$43 $73 $123
BMC 14.46.050
C
Electric Vehicle Not Actively
Charging in EV Space
$43 $73 $123
BMC 14.52.050
A
Meter Street: Expired Meter $43 $73 $123
BMC 14.52.050
A
FD Meter Street: Expired Meter $65 $95 $145
BMC 14.52.050
B
Pay & Display Station Expired
Time
$43 $73 $123
BMC 14.52.050
B
FD Pay & Display Sta Expired
Time
$65 $95 $145

December 10, 2024
9 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
BMC 14.52.050
C
Pay by Plate Station Expired
Time
$43 $73 $123
BMC 14.52.050
C
FD Pay by Plate Station Expired
Time
$65 $95 $145
BMC 14.52.060
A
Meter St: Extending Meter Time $43 $73 $123
BMC 14.52.060
A
FD Meter St: Extending Meter
Time
$65 $95 $145
BMC 14.52.060
B
Pay & Display Station Extend
Time
$43 $73 $123
BMC 14.52.060
B
FD Pay & Display Sta Extend
Time
$65 $95 $145
BMC 14.52.060
C
Pay by Plate Station Extend Time $43 $73 $123
BMC 14.52.060
C
FD Pay by Plate Sta Extend Time $65 $95 $145
BMC 14.52.063 P&D Dispensing Mach Tkt Not
Displayed
$43 $73 $123
BMC 14.52.063 FD P&D Dispens Mach Tkt Not
Displayed
$65 $95 $145
BMC 14.52.066 Improper Display of P&D Disp
Mach Tkt
$43 $73 $123
BMC 14.52.066 FD Improper Display of P&D Disp
Mach Tkt
$65 $95 $145

December 10, 2024
10 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
CVC 4000 No Evidence Current
Registration
$50 $80 $130
CVC 4000 Expired Registration $50 $80 $130
CVC 4461 B Improper Lending of DP Placard
or Plate
$550 $580 $630
CVC 4461 C Improper Display of DP Placard
or Plate
$550 $580 $630
CVC 4461 D Improper Use of DP Placard or
Plate
$550 $580 $630
CVC 4463 C Use of Forged, Counterfeit, or
False DP Placard or Plate
$550 $580 $630
CVC 5200 Missing License Plates $25 $55 $105
CVC 5201 Lic Plates Improperly Positioned $25 $55 $105
CVC 5202 Hanging/Detached License Plate $25 $55 $105
CVC 5204 A Expired Tags (read back) $25 $55 $105
CVC 5204 A Missing Tags $25 $55 $105
CVC 21113 A Parking on Public Grounds $54 $84 $134
CVC 21211 B Vehicle Blocking Bicycle Lane $54 $84 $134
CVC 21718 Parking on Freeway $54 $84 $134
CVC 22500 A Parking in an Intersection $60 $90 $140
CVC 22500 A FD Parking in an Intersection $86 $116 $166 CVC 22500 B Parking in Crosswalk $60 $90 $140

December 10, 2024
11 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
CVC 22500 B FD Parking in Crosswalk $90 $120 $170
CVC 22500 C Parking in Safety Zone $60 $90 $140
CVC 22500 C FD Parking in Safety Zone $90 $120 $170
CVC 22500 D Parking within 15' of Fire Station $60 $90 $140 CVC 22500 D FD Parking within 15' of Fire
Station
$90 $120 $170
CVC 22500 E Parking in Driveway $60 $90 $140
CVC 22500 E FD Parking in Driveway $90 $120 $170
CVC 22500 F Parking On/Across Sidewalk $60 $90 $140
CVC 22500 F FD Parking On/Across Sidewalk $90 $120 $170 CVC 22500 G Parking Construction No Permit $60 $90 $140 CVC 22500 G FD Parking Construction No
Permit
$90 $120 $170
CVC 22500 H Double-Parked $60 $90 $140
CVC 22500 H FD Double-Parked $90 $120 $170
CVC 22500 I Parking/Stopping in Coach Zone $263 $293 $343 CVC 22500 I FD Parking/Stopping in Coach
Zone
$263 $293 $343
CVC 22500 J Parking in Tunnel $54 $84 $134
CVC 22500 K Parking on Bridge $54 $84 $134
CVC 22500 L Blocking Disabled Ramp $288 $318 $368

December 10, 2024
12 Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in RPP
Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
CVC 22502 A Parking Over 18" from Curb 2-
Way St
$69 $99 $149
CVC 22502 A FD Parking Over 18" from Curb
2-Way St
$104 $134 $184
CVC 22503 E Parking Over 10" from Curb 1-
Way St
$58 $88 $138
CVC 22507.8 A Parking in Disabled Zone $317 $347 $397
CVC 22507.8 B Obstructing Access Disabled
Zone
$317 $347 $397
CVC 22507.8 B FD Obstructing Access Disabled
Zone
$317 $347 $397
CVC 22514 a Parking within 15' of Fire Hydrant $78 $108 $158 CVC 22514 a FD Parking within 15' of Fire
Hydrant
$117 $147 $197
CVC 22521 Parking within 7.5' of Railroad
Tracks
$54 $84 $134
CVC 22522 Parking within 3' of Wheelchair
Ramp
$317 $347 $397
CVC 22522 FD Parking within 3' of
Wheelchair Ramp
$317 $347 $397
CVC 22523 a Abandon Vehicle on Highway $168 $198 $248
CVC 22523 b Abandon Vehicle on Pub/Prvt
Prop
$168 $198 $248

December 10, 2024
13 Note: In addition to citation placed on vehicle, “Notice of Violation” is mailed to registered owner seven (7) days after citation and indicated when the fine penalty increases will occur: On Day 28 after citation issuance, the fine increases by $30. If payment is not received within 45 days after issuance, on Day 47, the fine increases by an additional $50.

Exhibit B: New Parking Violations
Code Section Violation Description
(For citations issued to a vehicle)
FD = Football Game Days 9 a.m.
to 11 p.m.

FD fines = 50% higher on most
violations &
100% higher for violations in
RPP Zones A, B, D
Fine
Amount
On Day
28 +$30
On Day
47 +$50
CVC 22500 n No Parking Within 20’ of
Crosswalk
$64 $94 $144
CVC 22500 n FD No Parking Within 20’ of
Crosswalk
$96 $126 $176
CVC 22500 n No Parking Within 15’ of
Crosswalk with Curb Extension
$64 $94 $144
CVC 22500 n FD No Parking Within 15’ of
Crosswalk with Curb Extension
$96 $126 $176

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

CONSENT CALENDAR
December 10, 2024
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín
Subject: City Council Committee and Regional Body Appointments

RECOMMENDATION
Adopt a Resolution approving appointments to City Council Policy Committees, Partnership Committees and Regional Bodies, to temporarily appoint Mayor Adena Ishii and Councilmembers Terry Taplin and Ben Bartlett to the Agenda & Rules Committee.

BACKGROUND
There are a number of City Council appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions. Every two years after the General Municipal Election, the Mayor makes recommendations on new Council representatives to these committees.

The Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

With three members of the City Council leaving after the end of their term, the Agenda & Rules Committee will lack quorum for its meeting on January 6, 2025. While this Resolution continues to list outgoing Councilmembers in other Committees, there is not any quorum issues related to those assignments and will be updated when the incoming Council approves permanent changes for the new legislative session later in January.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100

Internal
Temporary Council Committee Assignments CONSENT CALENDAR December 10, 2024

Attachments:
1: Resolution

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

APPROVING APPOINTMENTS TO STANDING CITY COUNCIL POLICY

COMMITTEES, PARTNERSHIP COMMITTEES, AND REGIONAL BODIES WHEREAS, the City Council has numerous appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions, and makes new appointments every two years following the General Municipal Election; and WHEREAS, the Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year; and
WHEREAS, with three members of the City Council leaving after the end of their term, the Agenda & Rules Committee will lack quorum for its meeting on January 6, 2025, requiring temporary appointments to be made before the incoming Council votes on Committee appointments for 2025-2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it officially makes the following appointments for the period ending December 31, 2024 or until new appointments are approved:

City Council Standing Policy Committees:

Agenda & Rules Committee
Appoint Mayor Ishii, Councilmember Taplin and Councilmember Bartlett Alternate position vacant
Budget & Finance Committee
Appoint Mayor Arreguín, Councilmember Hahn and Councilmember Kesarwani Appoint Vice-Mayor Wengraf as Alternate
Facilities, Infrastructure, Transportation, Environment & Sustainability Committee Appoint Councilmember Humbert, Councilmember Lunaparra and Councilmember Taplin
Appoint Councilmember Kesarwani as Alternate
Public Safety Committee
Appoint Councilmember Bartlett, Councilmember Taplin and Councilmember Tregub Appoint Councilmember Humbert as Alternate
Land Use, Housing & Economic Development Committee
Appoint Councilmember Humbert, Councilmember Lunaparra, and Vice-Mayor Wengraf Appoint Councilmember Tregub as Alternate

Internal
Temporary Council Committee Assignments CONSENT CALENDAR December 10, 2024

Health, Life Enrichment, Equity & Community Committee
Appoint Councilmember Bartlett, Councilmember Kesarwani and Councilmember Tregub
Appoint Councilmember Hahn as Alternate
Partnership Committees:
4x4 Joint Task Force Committee on Housing: Rent Board/City Council Appoint Mayor Arreguin, Councilmember Hahn, Councilmember Lunaparra, and Councilmember Tregub
3x3 Committee of the Berkeley City Council and the Berkeley Housing Authority Appoint Mayor Arreguin, Councilmember Kesarwani, and Councilmember Tregub 2x2 Committee of the City Council and the Board of Education Appoint Councilmember Hahn and Councilmember Taplin
Regional Committees:

Alameda County Transportation Commission
Appoint Councilmember Taplin
Appoint Councilmember Humbert as Alternate
Alameda County Waste Management Authority
Appoint Councilmember Wengraf
Appoint Councilmember Hahn as Alternate
Delegate to Association of Bay Area Governments General Assembly Appoint Councilmember Hahn
Appoint Councilmember Humbert as Alternate
Joint Powers Authority - East Bay Community Energy Authority Appoint Councilmember Tregub
Appoint Councilmember Lunaparra as Alternate
Joint Powers Agreement - East Bay Regional Sports Fields Appoint Councilmember Kesarwani
Joint Powers Authority - Lead Abatement
Appoint Councilmember Wengraf
Appoint Councilmember Kesarwani as Alternate
League of California Cities - East Bay Division
Appoint Councilmember Taplin

Internal
Temporary Council Committee Assignments CONSENT CALENDAR December 10, 2024

Appoint Councilmember Humbert as Alternate
Oakland Airport Noise Forum
Appoint Councilmember Tregub
Council Liaisons to City Boards and Commissions:

Board of Library Trustees
Appoint Councilmember Hahn
Community Health Commission
Appoint Councilmember Kesarwani
Mental Health Commission
Appoint Councilmember Lunaparra

Item Removed From
Agenda
This item has been removed from the agenda by the
City Manager.

If you have questions regarding this report, please
contact the person noted on the agenda.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
The City of Berkeley, City Council’s Website
https://berkeleyca.gov/your-government/city-council

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

INFORMATION CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Keith May, Acting Fire Chief
Subject: Fire Prevention Inspections Audit Status Report

CURRENT SITUATION AND ITS EFFECTS
On May 9, 2019 the City Auditor submitted a Fire Prevention Inspections audit report1 to the City Council with recommendation to improve the overall fire prevention inspection program, improve customer service, and to reduce the risk of fires and other emergencies that may fall within the jurisdiction of the fire code. The purpose of this information item is to update City Council on the status of the audit report recommendations. This is the second and final status report regarding this audit, which is slated for no further follow-up action as recommended by the City Auditor for all audits more than five years old.

BACKGROUND
The initial audit included eleven recommendations. In a status report to City Council on November 3, 2022, two of the eleven recommendations were dropped, seven recommendations were started or partly implemented, and two recommendations were not started. Since that time, two of the recommendations have been started.

1.1 “Fire analyze the short- and long-term impact of putting forth a change to the Berkeley Municipal Code to reduce the types or frequency of fire prevention inspections.” Fire Marshal Steve Riggs retired on 9/14/2024. New Fire Marshal Drew Whyte began on 9/16/2024.

The Fire Prevention Division (FP) has been tracking new construction on an annual basis since 2019. In 2019, there were 47 projects with 3000 projected dwelling units under construction or in plan review. In 2024, there are 83 projects with 6,400 projected dwelling units. The FP division is currently analyzing the list of annual inspections and determining which businesses need to be inspected by the FP versus Suppression. In the next code adoption cycle (Fall/Winter 2025), the FP would like to amend Berkeley Municipal Code Section 12.50.040 – Applicability [of Fire Inspection Program] and we are analyzing the revenues from our annual fire prevention inspection program and our 1 Audit: Fire Prevention Inspections: Insufficient Resources Strain Code Compliance

Fire Prevention Inspections Audit Status Report INFORMATION CALENDAR December 10, 2024

new construction projects to understand what monies are accruing to the general fund.

In addition, we are analyzing which businesses need to be inspected by the FP Inspectors and not the Firefighters.

3.3 “Fire Prevention coordinate work plans with Suppression for all mandated prevention inspections. These should take into consideration the volume and nature of the other work Suppression performs.” An analysis of annual fire prevention inspections completed by each engine company on each shift during Fiscal Year 2024 was delivered to the Deputy Fire Chiefs and Fire Chief in August 2024.

The FP does recognize that the General Orders and other policies and procedures pertaining to annual inspections, construction inspections, fire investigations, citizen complaints, etc. need updating. This project would require temporarily dedicating one senior Staff person to document the current processes and analyze them for process improvements. It would also include researching best practices and determining if they would be pertinent and useful for the FP.

At the auditor’s recommendation, the nine recommendations that have not been implemented after five years will be dropped. The recommendations that have been started or partially implemented will continue to move forward. There has been an increase in new construction projects that has doubled the workload relating to new construction which also indicates a need for additional staffing.

FISCAL IMPACTS OF RECOMMENDATION
None.

POSSIBLE FUTURE ACTION
Plans are currently being implemented to move away from a paper-based inspection system and into digital inspection records for both the built- and WUI-environments.

This is likely to result in a small increase in the time devoted to individual inspections but should result in considerable efficiencies in handling inspection input & data, and result in a more efficient inspection process.

The fire department believes that any proposal to change the current scope of the annual fire inspection program should be made after the impacts of the current programmatic and structural changes can be assessed. Such a proposal needs to balance the City’s available fire inspection resources with the desired outcomes, namely:

1. Reduce the incidence and severity of fires and other emergency incidents within the scope of the fire code.

2. Reduce the impacts of incidents on the lives and economy of the Berkeley community.

3. Satisfy all legal mandates for fire inspection and related services which may exist.

Fire Prevention Inspections Audit Status Report INFORMATION CALENDAR December 10, 2024

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

CONTACT PERSON
Andrew Whyte, Fire Marshal, Fire Department, (510) 981-3473 Attachments:
1: Audit findings, Recommendations, and Status Updates

Audit Title: Fire Prevention Inspections - Insufficient Resources Strain Code Compliance Issue Date: 05/09/2019
Finding Recommendation Department Last Period: Status Current status update Fire Not Meeting
Inspection Mandates;
Extensive Code
Requirements and
Population Growth
Impact Staffing
Workload.

1.1 Analyze the short‑ and long‑term impact of putting forth a change to the Berkeley Municipal Code to reduce the types or frequency of fire prevention inspections.

Fire Not started Dropped. Audit recommendations are
considered dropped if the City has not
implemented them within five years.

Fire Not Meeting
Inspection Mandates;
Extensive Code
Requirements and
Population Growth
Impact Staffing
Workload.

1.2 Perform a workload analysis to quantify the staff needed now and in the future to comply with the local fire prevention inspection requirements.

Fire Started Dropped. Audit recommendations are
considered dropped if the City has not
implemented them within five years.

Fire Relies on
Incomplete Data to
Manage Inspections.

2.1 Develop a process, in consultation with the Information Technology Department, for sharing information on property changes and additions between Fire and other City database platforms.

Fire Dropped N/A
Fire Relies on
Incomplete Data to
Manage Inspections.

2.2 Work with both the database’s software vendor and the Information Technology Department to strengthen controls over the database, including: assessing the needs for required fields for processing an inspection, such as unit, shift, inspector name, address, violation details, and violation location; formatting drop‑down menus for inspection status, inspection type, and violation status; formatting the options available for the violation code numbers and violation description fields.

Fire Dropped N/A
Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.1 Coordinate work plans with Suppression for all mandated fire prevention inspections. These should take into consideration the volume and nature of the other work Suppression performs.

Fire Started Dropped. Audit recommendations are
considered dropped if the City has not
implemented them within five years.

Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.2 Create a risk-assessment plan to identify those properties that are most at risk of a fire.

Fire Partly Implemented Dropped. Audit recommendations are considered dropped if the City has not
implemented them within five years.

Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.3 Issue a General Order to the Department on the importance and necessity of performing fire prevention inspections.

Fire Not started Dropped. Audit recommendations are
considered dropped if the City has not
implemented them within five years.

Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.4 The Fire Marshal and Suppression Management jointly develop a communication plan between Fire Prevention and Suppression.

Fire Started Dropped. Audit recommendations are
considered dropped if the City has not
implemented them within five years.

Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.5 Revise the fire prevention inspection training to provide hands-on training, using experienced Suppression staff, on how to conduct inspections and interact with residents and community members during inspections.

Fire Partly Implemented Dropped. Audit recommendations are considered dropped if the City has not
implemented them within five years.

Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.6 Develop and distribute educational information to property owners prior to the beginning of the inspection cycle to provide information on the fire prevention inspection program, common violations, and any upcoming inspections for that area of the City.

Fire Partly Implemented Dropped. Audit recommendations are considered dropped if the City has not
implemented them within five years.

Fire Staff Do Not Have
Enough Support to Get
Inspections Done.

3.7 Create a process for issuing, tracking, and following up on administrative citations for properties with repeat or high-risk violations, including revenue collections and tracking. That process should collaborate with other City work units that perform enforcement activities to provide consistency.

Fire Started Dropped. Audit recommendations are
considered dropped if the City has not
implemented them within five years.

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

INFORMATION CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Restaurant Inspection Audit Status Report

INTRODUCTION
On July 10, 2024 the City Auditor submitted an audit report 1 on the status of Restaurant
Inspections to the City Council with recommendations to improve the overall delivery of services for the food safety inspection program. 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 first status report regarding this audit.

CURRENT SITUATION AND ITS EFFECTS
The audit included nine recommendations. As of the writing of this report five of the recommendations have been started, three have been partly implemented, and one that is dependent on others being completed first has yet to be started. In each of the cases, those recommendations currently tracked as “started” or “partly implemented” rely on the development and implementation of revised policies and procedures, incorporation of new staff hires and the implementation of technological solutions such as the planned upgrade to the Accela database.

It was during the Pandemic when EHD fell behind significantly in meeting its inspectional frequencies. EHD is now beginning to achieve staffing levels equivalent to pre-Pandemic levels. EHD recently filled its vacant inspector position, bringing the number of food inspectors to four (4) and recently conducted interviews to fill its Supervisor position. Additionally, EHD entered into a temporary contract with the California Environmental Health Administrators Association for one an additional inspector to ensure all facilities are inspected before the end of 2024. (Note: In order to help ensure timely inspections moving forward, those facilities that are receiving their 2023 inspection in 2024 will not receive their next inspection until 2025.) EHD is also undergoing a division-wide fee study as fees have not been analyzed in over ten (10) years. In conjunction with this fee study, EHD will also evaluate its current 1 Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets:
https://berkeleyca.gov/sites/default/files/documents/Berkeley_Restaurant_Inspections_- _Chronically_Understaffed_Program_Did_Not_Meet_Targets.pdf

Restaurant Inspection Audit Status Report INFORMATION CALENDAR December 10, 2024

staffing needs to determine whether the current staffing levels are adequate to cover all the requirements of the food safety inspection program and other local ordinance departmental responsibilities, including but not limited to, vector control, noise complaints, stormwater inspections, swimming pools and spas, retail tobacco, and body art.

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 June 2025.

BACKGROUND
The Environmental Health Division (EHD) transitioned to a risk-based food inspection process in 2015, and followed the guidelines established by the Federal Food and Drug Administration’s (FDA) Voluntary National Retail Food Regulatory Program Standards for conducting inspections at all permitted food facilities in the City of Berkeley. Under this program, EHD evaluated all its permitted foodservice operations (including restaurants, grocery markets, schools, bars, etc.), and categorized them according to the “risk categories” associated with the level of complexity of food handling processes and populations served by each facility.

In general, a market that only sells pre-packaged food items with no “open food” handling would fall under a risk category “1” (RC-1), while a facility that serves/sells food with “minimal” food handling, (e.g. deli operation that assembles sandwiches and requires food to be held under refrigeration and/or hot-holding) would be assigned a risk category “2” (RC-2). A typical full-service restaurant would be assigned an RC-3 designation, while a facility that prepares and serves food to immunocompromised, vulnerable populations (e.g. skilled nursing facilities) would be designated as an RC-4.

Each RC designation also determines the number of annual inspections a facility would expect to receive, although RC-4s generally would receive the equivalent of an RC-3, which would be three inspections annually.

During the early stages of the COVID Pandemic, EHD experienced a staffing shortage due to various promotional opportunities, and/or prolonged staff illnesses, and was unable to immediately fill its vacancies due to the hiring freeze that was in effect for two (2) successive fiscal years (FY21 and FY22). When the hiring freeze was lifted, EHD experienced additional budgetary challenges that made it difficult to hire the vacant supervisor position. In addition, the hiring of the vacant inspector position was largely due to the limited pool of qualified applicants, an issue currently experienced state-wide by all Environmental Health jurisdictions.

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

POSSIBLE FUTURE ACTION

Restaurant Inspection Audit Status Report INFORMATION CALENDAR December 10, 2024

EHD will continue to work with the Information Technology Department to complete the upgrade and implementation of the Accela software for Environmental Health.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Annual operational costs will likely increase with the upgrade to Accela.

CONTACT PERSON
Scott Gilman, Director, Health, Housing, and Community Services (510) 981-5400 Attachments:
1: Audit Findings, Recommendations and Status Updates

Audit Title: Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets Issue Date: 07/10/2024
Finding Recommendation Department Last Period:

Status
Current status update
The Division was
significantly
behind on
inspections in
2023, increasing
health risk.

1.1 Develop a plan to improve coverage of routine
inspections throughout the City, which may require
the Division to prioritize health and safety duties
over other responsibilities. As part of this process:
(a) Evaluate inspection targets to determine if
current inspection frequencies are achievable, or
establish different temporary targets to adapt to
periods of understaffing. (b) Establish a baseline of
inspection coverage for all permitted food facilities
in the City and prioritize inspection of facilities with high risk and very high risk designations that were
not inspected in 2023.

HHCS N/A Started. Following an evaluation of current staffing and overdue inspections, the Division developed new priority inspection targets. The new baseline requirement includes inspecting all high-risk food facilities by October 31, 2024, and completing at least one inspection for all low- and medium-risk food facilities by December 31, 2024. The October deadline to complete 184 high and very high-risk facilities was adjusted by two weeks to allow staff to complete legally mandated public records and information requests that took priority over inspections. According to Division management, as of October 31, 2024 there were 16 high-risk facilities remaining to be inspected by November 15, 2024. In addition, 110 of the 234 overdue low- and medium-risk facilities have been inspected leaving 124 to be done before December 31, 2024.

The Division was
significantly
behind on
inspections in
2023, increasing
health risk.

1.2 Develop a plan to ensure timely response to
complaints involving alleged foodborne illness,
which may require the Division to prioritize health
and safety duties over other responsibilities.

HHCS N/A Started. According to Division management, the Division provided food inspectors training on complaint response times, including response to complaints involving alleged foodborne illness in May 2024. The Division provided documentation indicating that there will be a repeat training for all staff on 11/27/2024 regarding timely response to alleged foodborne illness complaints. Division management is also assessing the prioritization of staff resources to focus on acute health and safety-related complaints.

The Division did
not track spending
and left critical
positions vacant.

2.1 Work with the Budget Office to track how the food
inspection program revenues are used.

HHCS N/A Partly implemented. The Environmental Health Division has collaborated with Finance to establish revenue and expenditure account codes using the program code of 2001 for restaurant inspections. The Division has also made adjustments to personnel budget to reflect the changes and trained staff on how to correctly deposit restaurant inspection-related payments into the new code. The code in the online payment system has been updated so that food facility permits will be deposited into the new revenue account as of July 1, 2025.

The Division did
not track spending
and left critical
positions vacant.

2.2 Take the following steps to fill positions and assess program staffing: (a) Open recruitment for the
supervisor position. (b) If the recruitments for the
supervisor and food inspector positions do not yield
qualified candidates, work with the Human
Resources Department (HR) to develop targeted
recruitments for the inspector and supervisor roles.

This may include conducting an analysis of
compensation or other factors that affect
recruitment. (c) Develop a trainee program to build
a pipeline into the Division’s inspector positions. (d) Work with HR as needed to identify staffing
resources needed to meet inspection targets.

HHCS N/A Partly implemented. The Environmental Health Division filled the vacant Registered Environmental Health Specialist position in October 2024 and has interviews scheduled with qualified candidates for the supervisor position.

Additionally, the Division entered into a contract with the California Association of Environmental Health Administrators in October 2024 to use temporary Registered Environmental Health Specialists to help with food facility inspections in the short term.

The Division did
not track spending
and left critical
positions vacant.

2.3 Make the following updates to the inspection data:
(a) Add a risk designation to all food facilities in the Envision database. (b) Correct the date of last
inspection in the Envision software that inspectors
use during inspections, or develop a workaround to
HHCS N/A Partly implemented. The Environmental Health Division brought on a Project Manager to monitor inspection data accuracy and provide inspectors with lists of priority facilities for inspections.

ensure inspectors have an accurate list of facilities
prioritized by last inspection date. (c) Develop a
process to regularly verify that the Envision
database includes all food facilities that should be
permitted and inspected.

The Division did
not track spending
and left critical
positions vacant.

2.4 Work with the Department of Information
Technology (IT) to develop list of database
functionalities and/or data points needed to help
meet the Division’s targets and produce reports. If
the current database cannot provide this
functionality, document the limitations of the
current database and include these requirements in
the future request for proposals for a new
database.

HHCS N/A Started. The Environmental Health Division is working with the IT department to identify database functionalities that will meet the needs of all its programs, especially the food safety and inspection program. The Division has a preliminary plan to utilize an existing City contract with Accela to provide an “out-of-the-box” Environmental Health module.

The Division did
not track spending
and left critical
positions vacant.

2.5 Identify performance metrics and report them to
the public at least annually.

HHCS N/A Started. Environmental Health Division staff are currently being trained in Results Based Accountability and will use this methodology to develop process improvement metrics and outcome metrics.

Public information
about food safety
was limited.

3.1 Work with Department of Information Technology
(IT) to update the online system for sharing
information on food inspections. As part of this
process: (a) Develop internal guidance informed by
state code that details what information the
Division will share with the public online and
defines responsibility for managing the data. (b)
Make inspection history available online for all
permitted food facilities in Berkeley. This could
include sharing a copy of the most recent inspection
report.

HHCS N/A Started. The Environmental Health Division assessed the current online system for sharing information on food inspections and plans to upgrade its current database to enable public access to food facility inspection results. The Division intends to ensure the system meets all state requirements for voluntary online posting of inspection results.

Public information
about food safety
was limited.

3.2 Develop a plan to implement placarding in Berkeley
once staffing levels are stable. As part of this
process: (a) Assess resources needed to implement
placarding. (b) Consider adding elements such as
community engagement for designing and
implementing evidence-based, equitable
placarding.

HHCS N/A Not started. This recommendation requires completion of other projects first, including an assessment of the Division’s current staffing needs to ensure that it is adequately staffed to provide mandated services. This recommendation will begin no sooner than July 2026 with recommendations to the City Council for consideration during the FY27-28 budget process.

Office of the City Manager

INFORMATION CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Aram Kouyoumdjian, Director of Human ResourcesSubmitted by:

Subject: UPDATE: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees

INTRODUCTION
This report is an informational update on progress toward goals recommended by a City Auditor report titled “Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees” issued on October 10, 2019.1 Specifically, the report tracks progress toward goals articulated by the Audit’s Corrective Action Plan within the broader context of a workplace violence prevention policy being developed by the Human Resources Department.

CURRENT SITUATION AND ITS EFFECTS
The audit set forth six recommendations, and implementation of all six has been started, while four have been partly implemented. Five of the recommendations have been integrated into a working draft of a revised domestic violence policy. These revisions pertain to the title of the policy (to reflect a broader scope), pertinent definitions, factors to be considered in assessing accommodations, supporting documents required for accommodations, and best practices in implementing such a policy. The revisions will soon be submitted to the City Attorney’s Office for legal review.

As to a sixth recommendation regarding staff training for compliance with the policy, HR is looking to incorporate such training into a redesigned Supervisor Training curriculum, with an anticipated launch date early next year. Moreover, the department has developed a draft of a comprehensive Workplace Violence Prevention Policy focused on threat assessment and mechanisms for reporting suspicious behavior/activity; the policy will be effectuated in concert with broader workplace violence prevention trainings in compliance with new requirements set forth by state law (AB 553). 1 Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees:
https://berkeleyca.gov/sites/default/files/2022-01/Domestic-Violence-Response-Report.pdf

UPDATE: HR Response: Audit Directive(s) for Domestic Violence Policy Informational Calendar December 10, 2024

BACKGROUND
The City Auditor’s Office issued its report on October 10, 2019. HR’s first informational update was provided on November 3, 2022 and the second on May 14, 2024. This report is HR’s third informational update, and its next one will be due in Fall 2025.

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

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

Attachments:

1. Audit Findings, Recommendations, and Status Updates

Finding Department Previous
status update
Current status update
Policy does not
completely reflect
state
requirements.

1.1 Define and include sexual assault,
stalking, and witnesses’ rights.

Human
Resources
Partly
Implemented
Partly Implemented:

Human Resources has made
proposed updates to terms and
definitions in the policy. Policy is in
draft form and awaiting approval.

Policy does not
completely reflect
state
requirements.

1.2 State that when assessing safety
accommodations, Human
Resources takes into
consideration danger to the
employee and undue burden to
the employer.

Human
Resources
Partly
Implemented
Partly Implemented:

Human Resources has made
proposed updates to terms and
definitions in the policy. Policy is in
draft form and awaiting approval.

Policy does not
completely reflect
state
requirements.

1.3 Revise the policy title to reflect
the comprehensive scope of the
policy.

Human
Resources
Partly
Implemented
Partly Implemented:

Policy title is updated in draft form
and is awaiting approval.

Policy does not
completely reflect
state
requirements.

1.4 Clarify that requirements for
employees to document their
use of leave or request for
accommodations are at the
discretion of Human Resources
and may include self-certification
when appropriate. We also
recommend that Human
Resources clarify that employees
are encouraged to come to
Human Resources for assistance
even if they do not initially have
the documentation that may be
requested.

Human
Resources
Partly
Implemented
Partly Implemented:

Policy is updated in draft form and
is awaiting approval.

Policy does not
address key
workplace
domestic violence
issues.

2.1 Incorporate the model policy and
all best practice elements
described in this finding, and
communicate this guidance to
city staff.

Human
Resources
Started Started:

The policy update is in draft form
and is awaiting approval. In
addition, Human Resources will
assess the feasibility of adopting
additional elements from model
policies and will add as appropriate
at a later date.

Issue Date: October 10, 2019
Audit Title: Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees Recommendation

Berkeley needs to
prepare all staff to
comply with the
policy.

3.1 Implement best practices,
including: - Training supervisors
and Human Resources staff
about their role in responding to
employees experiencing
domestic violence and providing
information for employees about
the domestic violence response
policy; - Conducting periodic
outreach to employees to inform
them about the policy,
encourage them to come
forward, and provide general
information about domestic
violence; - Facilitating
collaboration among city staff
who have a role in implementing
the policy, and convening a
domestic violence response team
to advise on policies, ongoing
outreach and education, and
Human Resources’
implementation of
recommendations from this
audit; and - Adopting a trauma-
informed and inclusive approach.

Human
Resources
Started Started:

Human Resources may add policy
review to supervisor training to
include revised domestic violence
policy.

Internal
Office of the City Manager

INFORMATION CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Audit Status Reports: Fleet Replacement Fund Short Millions and Rocky Road: Berkeley Streets at Risk and Significantly Underfunded

INTRODUCTION
On November 19, 2020, the City Auditor published the Rocky Road: Berkeley Streets at Risk and Significantly Underfunded Audit Report,1 reviewing the funding resources to sufficiently maintain City streets, and asking if Public Works has clear policies and processes to guide paving decisions.

On June 2, 2021, the City Auditor published the Fleet Replacement Fund Short Millions Audit Report,2 reviewing the sufficiency of the fund to replace vehicles and asking if Public Works has key information necessary for managing the fleet program.

This is the third status report to City Council on the efforts made to implement the Audit Report’s recommendations for both streets paving and fleet. Previous reports were issued on November 3, 20223 and March 19, 2024.4

CURRENT SITUATION AND ITS EFFECTS
The street paving audit report included two findings and five recommendations for the Public Works Department and its Engineering Division and Administrative & Fiscal Services Division to review, implement and report to Council. As of this report, three recommendations have been implemented and two recommendations have been partly implemented. All recommendations currently tracking as partly implemented require 1 https://berkeleyca.gov/sites/default/files/2022-01/Rocky-Road-Berkeley-Streets-at-Risk-and-Significantly- Underfunded.pdf
2 https://berkeleyca.gov/sites/default/files/2022-01/Fleet-Replacement-Fund-Short-Millions.pdf 3 https://berkeleyca.gov/sites/default/files/documents/2022-11- 03%20Item%2044%20Audit%20Status%20Reports%20Fleet%20Replacement.pdf 4 https://berkeleyca.gov/sites/default/files/documents/2024-03- 19%20Item%2013%20Audit%20Status%20Reports%20%20Fleet%20Replacement%20Fund%20Short%20Millions.p df

Internal
funding source availability for appropriation to streets.

The fleet audit report noted two findings and twelve recommendations for the Public Works Department and its Equipment Management Division and Administrative & Fiscal Services Division to review, implement and report to Council. As of this report, there are updates to the status of ten of the twelve recommendations. The first set of seven recommendations were related to the underfunding of the Equipment Replacement Fund. One has been started and six have been partly implemented. The second set of five recommendations focused on Public Works having critical information available to inform management and decision making, and all five recommendations under this finding have been partly implemented.

These Audit Status Reports support the Strategic Plan Priority of advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The attachment provides a detailed table of audit report recommendations, steps towards corrective action, and implementation progress updates. The next status report for the fleet and street paving audit are expected to be presented in Fall 2025.

BACKGROUND
Public Works’ Engineering Division is responsible for capital projects to maintain over 216 centerline miles of streets in the City, while the Streets & Utilities Division handles day-to-day maintenance of those streets.

Public Works’ Equipment Management Division manages the maintenance, purchase, and replacement of the City’s 585 assets such as fleet vehicles, heavy duty trucks and large equipment, including public safety, fire, and alternative fuel vehicles and equipment.

The Administrative and Fiscal Services Division is responsible for the Department’s budget and fiscal oversight and analytical support for routine and special projects in all Public Works operating divisions.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works Equipment Maintenance always endeavors to procure electric vehicles or the most fuel-efficient vehicles and equipment that are suitable for the required tasks.

Equipment Maintenance also researches the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition away from fossil fuels towards an all-electric fleet.

Enhanced streets provide significant benefits for all users and are a key focus of Public Works' Engineering Division. By improving infrastructure, we encourage more sustainable modes of transportation, such as bicycling and walking, which in turn help reduce greenhouse gas emissions and contribute to healthier, more vibrant communities. Additionally, these projects often incorporate green infrastructure elements, such as permeable pavement and bioswales, designed to filter pollutants and manage stormwater. This ensures that runoff is cleaner and better managed before it enters the Bay, helping to protect our waterways and support long-term environmental sustainability. Through these improvements, we prioritize the safety, accessibility, and

Internal
ecological health of our urban spaces.

POSSIBLE FUTURE ACTION
Public Works will continue to address the remaining two partly implemented recommendations in the street paving audit and the twelve started and partly implemented recommendations in the fleet audit.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
In the mid-Biennial Budget update a new rate model for Equipment Maintenance will be proposed to include the cost of fleet electrification. It is estimated that the additional costs to convert the planned replacement vehicles to all electric in the next five years $9,000,000. For the corresponding infrastructure required to support this conversion, the installation of chargers will cost the an estimated $6,500,000.

In the biannual budget adoption for FY 2023 and FY 2024, Council approved a funding guideline to approve an $8,000,000 annual increase to street paving funding in future fiscal years (plus annual CPI adjustments). This funding is intended to raise paving funding to levels sufficient to maintain current pavement condition. Significant additional funding would be needed to be allocated over several years to raise the pavement condition index (PCI) to 70-75 or “Good” status.

CONTACT PERSON
Carisa Lubek, Acting Administrative & Fiscal Services Manager, Public Works, (510) 981-6304
Ron Nevels, Manager of Engineering, Public Works, (510) 981-6439 Joy Brown, Public Works Operations Manager, Public Works, (510) 981-6629 Attachments:

1. Fleet Audit Findings and Recommendations Response Report

2. Street Audit Findings and Recommendations Response Report

Finding Department Previous
status update
Current status update
The Replacement
Fund is
underfunded by
millions of dollars.

1.1 Calculate the dollar value of the
City’s replacement needs. Use
results from the recent rate study
to adjust departments’
replacement fees to cover their
share of the costs associated with
vehicle replacement, including
customization and personnel.

Public Works Partly
Implemented
Partly Implemented:

Public Works is updating the
replacement costs in AssetWorks,
the new fleet management
software, to accurately reflect
current amortization values. The
ongoing amortization charges,
which will include upfitting
expenses, are passed on to the end
user departments. Additional
charges are still being calculated
which include personnel and
electric vehicle charging
infrastructure. Billing for and
collecting for these additional
charges will be presented to the
Budget Office and City Departments
as part of the next mid-biennial
budget update in 2025.

The Replacement
Fund is
underfunded by
millions of dollars.

1.2 Conduct an analysis of the City’s
current fleet and determine the
optimal fleet size to provide
services efficiently and effectively.

This analysis should include fleet
units identified as reserve,
backup, and “pool” vehicles. The
outcome of the analysis should be
a plan to achieve and provide
funding for the optimal fleet size.

Public Works Started Started:

City Council approved a contract for
Mercury Associates to conduct the
fleet assessment study on
November 21, 2023. The contract
was executed in February 2024.

Mercury delivered a draft fleet
assessment in September 2024 and
anticipates it to be finalized in
November 2024. The assessment
recommends the City conduct a
right-sizing and right-typing study of
the fleet. Public Works has begun
this process by drafting a
questionnaire for staff best suited
to assess each vehicle’s use.

Issue Date: June 2, 2021
Audit Title: Fleet Replacement Fund Short Millions
Recommendation

The Replacement
Fund is
underfunded by
millions of dollars.

1.3 Work with the City Manager’s
Office to adjust the funding model
of the Equipment Replacement
Fund or adopt a new one to
ensure appropriate funding for
timely fleet replacement, such as
annually transferring money from
the General Fund based on an
assessment of the City’s overall
fleet needs and priorities. Expand
the current vehicle and
equipment replacement policy to
ensure transparency of key
provisions of the new or updated
model.

Public Works Started Partly Implemented:

Public Works updated its fund rate
models based on FY 23 actuals and
will update again for presentation of
the new rates for adoption during
the next mid-biennial budget
adjustment in 2025. Public Works
leadership and representatives from
other separtments will work with
Mercury Associates to finalize an
Equipment Replacement Policy
which will address new to fleet
purchases, and clearly identify a
process for keeping vehicles for a
limited time after replacement or
for motor pool usage. Anticipated
draft completion is December 2024
with a recommendation to have the
policy become an Administrative
Regulation with adoption in the
spring of 2025.

The Replacement
Fund is
underfunded by
millions of dollars.

1.4 Revise the vehicle and equipment
replacement policy to include that
Public Works should regularly
assess the personnel expenditures
related to vehicle and equipment
replacement and ensure that they
are appropriate and proportional
to their duties.

Public Works Started Partly Implemented:

Public Works leadership and
department representatives will
work with Mercury Associates to
finalize an Equipment Replacement
Policy which will address new-to-
fleet purchases, and clearly identify
a process for keeping vehicles for a
limited time after replacement or
for motor pool usage. Anticipated
draft completion is December 2024
with a recommendation to have the
policy become an Administrative
Regulation with adoption in the
Spring of 2025. Personnel
expenditures that are currently
being allocated to the Equipment
Replacement Fund will be evaluated
annually as part of the budget
update process.

The Replacement
Fund is
underfunded by
millions of dollars.

1.5 Revise the vehicle and equipment
replacement policy to prevent
replacing unfunded vehicles by
ensuring that contributed funds
are available for the purchase.

Public Works Started Partly Implemented:

Public Works leadership and
department representatives will
work with Mercury Associates to
finalize an Equipment Replacement
Policy which will include provisions
to prevent replacing unfunded
vehicles by ensuring that
contributed funds are available for
the purchase. Anticipated draft
completion is December 2024 with
a recommendation to have the
policy become an Administrative
Regulation with adoption in the
spring of 2025.

The Replacement
Fund is
underfunded by
millions of dollars.

1.6 Develop an AR that clarifies PW’s
responsibilities to manage the
fleet and maintain fleet
replacement funding. Include the
following provisions: Provide an
analysis of the impact on fleet
replacement and overall costs
when the City considers
reallocating replacement funds or
stopping payments into the Fund.

Provide documented justification
when deciding to use the ERF for
non-replacement needs. The
decision must be supported with a
documented cost analysis from
Public Works showing potential
impact of insufficient funds on
fleet replacement. See Audit
report for full recommendation.

Public Works Started Partly Implemented:

Public Works leadership and
department representatives will
work with Mercury Associates to
finalize an Equipment Replacement
Policy which will address the
recommended provisions.

Anticipated draft completion is
December 2024 with a
recommendation to have the policy
become an Administrative
Regulation with adoption in the
spring of 2025. Additional meetings
will be scheduled with Budget office
to ensure passage of an updated
rate model as part of the budget
process.

The Replacement
Fund is
underfunded by
millions of dollars.

1.7 To help secure the funding
needed for transitioning to
electric vehicles by 2030, work
with the City Manager’s Office to
develop a budgetary plan to
purchase electric vehicles. The
plan should align with the City’s
fleet electrification goals and take
into consideration the current
economic downturn, funding
availability, available
infrastructure, and electric vehicle
availability.

Public Works Started Partly Implemented:

The Electrical Mobility Coordinator
oversaw the grant submission to
support fleet electrification.

Berkeley was not awarded the grant
as it primarily went to counties. The
Electric Mobility Coordinator
together with AVA Energy and
Frontier Energy completed an
assessment which provides a plan
for charging infrastructure, vehicle
transition, and costs. The Division
and a variety of fleet users continue
to meet with EV manufacturers to
discuss purchase options. EV
charging infrastructure is currently
proposed to be funded by the
Equipment Replacement Fund with
reimbursement to the fund from an
updated rate model. PW anticipates
using state rebates through CORE
and HVIP programs. Current
estimated infrastructure expenses
to upgrade charging infrastructure
at City Facilities is $6.5 million with
$9 million for EV purchases.

Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.

2.1 Conduct a needs assessment of
vehicles overdue for replacement
and create a plan that documents
a timeline and cost for
replacement. Report the findings
to City Council.

Public Works Started Partly Implemented:

Funding for replacement of backlog
vehicle purchases was included in
the FY 25 and FY 26 budgets along
with scheduled replacements for
those years. Additionally, as part of
the annual appropriation ordinance
process, funding was requested to
ensure continued funding for
vehicle replacement. As part of the
work Mercury Associates is doing
on behalf of the Equipment
Maintenance Division, the
Equipment Replacement Policy will
outline replacement timelines and
requirements. The Fleet
Electrification Assessment from AVA
Energy and Frontier Energy provides
a Transition Calculator that outlines
the expenses and timelines. The
Fleet Electrification Assessment and
the transition calculator were
finalized in October 2024.

Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.

2.2 Update the vehicle and
equipment replacement policy to
include criteria for prioritizing
fleet replacement. The policy
should include a requirement to
communicate a delay in
replacement of their fleet to
affected departments. In
Administrative Regulation
described in recommendation 1.6,
specify that the vehicle and
equipment replacement policy
should include such criteria.

Public Works Started Partly Implemented:

Public Works leadership and
department representatives will
work with Mercury Associates to
finalize an Equipment Replacement
Policy which will include language
supportive of the recommendation.

The final Policy will be reviewed by
the City Manager’s Office.

Anticipated draft completion is
December 2024 with a
recommendation to have the policy
become an Administrative
Regulation with adoption in the
spring of 2025.

Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.

2.3 Work with the vendor of the new
fleet management system to
configure it to address the data
issues identified in this report,
including: - Tracking Replacement
Funds collected and leftover funds
by department; - Zeroing out the
balance after a vehicle is replaced;
- Adjusting the replacement date
and reporting the rationale if a
replacement is deferred; and -
Displaying any information
needed to prioritize replacements
based on specified criteria.

Public Works Started Partly Implemented:

Public Works AssetWorks fleet
management software launched in
spring 2024. Reporting on vehicle
replacement will be more thorough
as the vehicle usage and
maintenance costs will be more
readily available. All vehicles that
have been replaced have zeroed out
the amortization balance. Mercury
Associates will provide additional
recommendations on the rationale
for replacement that will be
included in the replacement policy.

Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.

2.4 Clean and update the vehicle and
equipment database before
migrating it to the new fleet
management system to ensure
accuracy and data integrity.

Public Works Started Partly Implemented:

Public Works AssetWorks fleet
management software launched in
spring 2024. Fleet team is still
running the two systems,
AssetWorks and FUND$ side by side
until the new system is fully
operational. Multiple physical
inventories have been taken during
2024 to ensure accuracy of the
vehicle and equipment data in
AssetWorks, which is anticipated to
be finalized by the end of 2024.

Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.

2.5 Update the vehicle and
equipment replacement policy or
develop a separate policy to
require staff manage the City’s
data appropriately to ensure
accurate complete information to
support management decisions.

Public Works Started Partly Implemented:

Public Works leadership and
department representatives will
work with Mercury Associates to
finalize an Equipment Replacement
Policy which will include language
supportive of the recommendation.

Anticipated draft completion is
December 2024 with a
recommendation to have the policy
become an Administrative
Regulation with adoption in the
spring of 2025.

Finding Department Previous
status update
Current status update
Without significant
additional funding,
Berkeley streets
will continue to
deteriorate and
deferred
maintenance costs
will increase.

1.1 Annually, conduct a budget
analysis, based on the
deferred maintenance needs
at that point in time, to
determine what level of
funding is necessary to
achieve the desired goals of
the Street Rehabilitation
Program. Report findings to
City Council. This information
will be helpful during updates
to the Five-Year Street
Rehabilitation Plan and
during the budgeting process.

Public Works Partly
Implemented
Partly Implemented:

The City conducts budget analysis of
deferred maintenance needs through
the citywide paving condition survey
funded by a grant from the
Metropolitan Transportation
Commission (MTC), which occurs every
two years. The City reports these
findings biannually to the City Council
through the Five-Year Paving Plan
adoption and the CIP Budget
Development process. The City has not
yet met the requirement for an annual
analysis and reporting. Public Works
plans to engage a consultant to
inventory deferred maintenance needs
and estimate associated costs for the
years between the PCI survey.

Issue Date: November 19, 2020
Audit Title: Rocky Road: Berkeley Streets at Risk and Significantly Underfunded Recommendation

Without significant
additional funding,
Berkeley streets
will continue to
deteriorate and
deferred
maintenance costs
will increase.

1.2 Identify funding sources to
achieve and maintain the
goals of the Street
Rehabilitation Program.

Public Works Partly
Implemented
Partly Implemented:

The City has a baseline annual paving
budget of $7 million, with an additional
$8 million commitment (adjusted for
inflation) secured in 2022. The
remaining years in the 5-year plan are
expected to receive $8 million
annually, adjusted for inflation.

Revenue from Zero Waste rates
(estimated at $1–2 million annually)
will help address pavement wear
caused by refuse vehicles, and
stormwater funds will cover half of
green infrastructure costs.

Additionally, a one-time $3.95 million
from Measure T1 Phase 2 is allocated
for FY 2025–2026. Measure FF, as
approved by voters in November 2024,
may provide approximately $15 million
annually for 14 years in funding for:
(from the ballot language) "street,
sidewalk, and pedestrian path repair,
repaving and reconstruction, safety
improvements, and environmental
infrastructure." Achieving an average
Pavement Condition Index (PCI) of 70
requires an estimated $42 million
annually over the next 12 years.

The Streets
Rehabilitation and
Repair Policy is out-
of-date and Public
Works is not
following it.

2.1 Update the Street
Rehabilitation and Repair
Policy annually and define
who is responsible for
ensuring the Policy is
updated, as stated in the
Policy.

Public Works Implemented Implemented:

Public Works Commission approved a
Street Rehabilitation and Repair Policy
March, 2021, which was received and
revised after consideration at the FITES
Commission in May 2021, and
ultimately adopted by City Council on
January 25, 2022. The Policy and Five
Year Paving Plan were considered and
adopted on the same Council agenda.

The Street and Maintenance Policy shall
be adopted by City Council at a
minimum interval of 5 years, after
review by the Transportation and
Infrastructure Commission.

The Streets
Rehabilitation and
Repair Policy is out-
of-date and Public
Works is not
following it.

2.2 When updating the Street
Rehabilitation and Repair
Policy, incorporate equity to
align with Vision 2050 and
clearly define how it will be
applied to the street
maintenance and
rehabilitation planning
process.

Public Works Implemented Implemented:

The updated Street Rehabilitation and
Repair Policy was adopted with clear
language placing Equity as an objective.

The updated Policy can be viewed here:
https://berkeleyca.gov/sites/default/fil
es/2022-
04/Street%20Maintenance%20and%20
Rehabilitation%20Policy_01_25_2022.p
df.

The Streets
Rehabilitation and
Repair Policy is out-
of-date and Public
Works is not
following it.

2.3 Define goals and
performance measures to
guide the Street
Rehabilitation and Repair
Policy and Street
Rehabilitation Program that
align with other plans and
policies relevant to street
paving (e.g., Complete
Streets Policy, Vision 2050,
etc.). Regularly report to
Council on performance
measures.

Public Works Implemented Implemented:

Performance Metrics are included as a
major part of the adopted Specific
Policy. Key areas: 1) The goal is to get
to standard PCI of 70 for roadways:

Arterials, Collectors, Bus Routes,
Bikeway Network, and Equity Zone. 2)
Funding should be prioritized with
Equity in mind 3)Performance metrics
reporting will be included with the
biannual Paving Plan review. The
updated policy can be viewed here:
https://berkeleyca.gov/sites/default/fil
es/2022-
04/Street%20Maintenance%20and%20
Rehabilitation%20Policy_01_25_2022.p
df.

Communications

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Berkeley, CA 94704
(510) 981-6900

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