Agenda packet, first session — Berkeley City Council, May 6, 2025 (part 1 of 3)

Tuesday, May 6, 2025 REVISED AGENDA Page 1

REVISED AGENDA
(REVISED TO UPDATE THE TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, May 6, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 32581 VIA LOS SANTOS, SAN JUAN CAPISTRANO, CA 92675

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1612529488. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 252 9488 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Rev - 1

Tuesday, May 6, 2025 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. John Beaulaurier, Scientist and Community Advocate
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

Rev - 2

Tuesday, May 6, 2025 REVISED AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,958-N.S. to designate Fire Hazard Severity Zones (FHSZ) within the Local Responsibility Area as recommended by the California Department of Forestry and Fire Protection (CALFIRE) pursuant to Government Code Section 51178.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Rev - 3
Consent Calendar
Tuesday, May 6, 2025 REVISED AGENDA Page 4

2. Re-Establishment of the Berkeley Tourism Business Improvement District From: City Manager
Recommendation:

1. Adopt a Resolution declaring the City Council’s intention to renew the Berkeley Tourism Business Improvement District (BTBID) for ten (10) years starting July 1, 2025, and directing the City Clerk to schedule a public meeting on June 3, 2025 and a public hearing on June 24, 2025 to renew the BTBID.

2. Adopt a Resolution declaring the City Council’s intention to modify the existing BTBID to end on June 30, 2025, shortening the existing BTBID’s term from ten (10) years to eight (8) years and directing the City Clerk to schedule a public hearing on June 24, 2025 on modification of the BTBID Management District Plan (Plan).

3. Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Visit Berkeley, the BTBID’s Owners’ Association and the City of Berkeley’s Convention and Visitor’s Bureau, for an amount not to exceed total Tourism BID collections for the term of the renewed BTBID, beginning on July 1, 2025 and concluding on June 30, 2035.

Financial Implications: See report.

Contact: Eleanor Hollander, Economic Development, (510) 981-7530

3. Contract: Diablo Fire Safe Council for Home Hardening Donations From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Diablo Fire Safe Council (DFSC) to serve as the fiscal sponsor for donations that support home hardening work in Berkeley, particularly in its Fire Hazard Severity Zones, for a term of five years.

Financial Implications: See report.

Contact: David Sprague, Fire, (510) 981-3473

4. Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, learning management, and performance management to extend the contract from May 16, 2025 to May 15, 2028 and increase the contract cap to $108,884 to cover the cost of three fiscal years.

Financial Implications: General Fund and Training Fund - $108,884.79 Contact: Monica Walker, Human Resources, (510) 981-6800

Rev - 4
Consent Calendar
Tuesday, May 6, 2025 REVISED AGENDA Page 5

5. Reject All Bids and Re-Scope and Re-Bid the Work Associated with South Cove West Lot Repaving Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for South Cove West Lot Repaving Project, Specification No. 25-11687-C; 2. Rejecting all bids for the work associated with the South Cove West Lot Repaving Project (Bid Specification No. 25-11687-C); and 3. Authorizing the City Manager to direct staff to re-scope and re-bid the work associated with the South Cove West Lot Repaving Project.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

6. Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO Program’s Salesforce Software System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200042 with WCG, Inc., to update the Building Emissions Saving Ordinance (BESO) program’s Salesforce software system, to implement amendments to BESO, for an additional amount of $100,000, for a total contract amount not to exceed $124,750, and extending the term through December 31, 2027.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

7. Contract No. 117441-1 Amendment: Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to paint red curbs at the approach to approximately 918 intersections to improve safety in compliance with California’s Daylighting Law (Assembly Bill 413, or AB 413). This contract amendment would increase the contract amount by $375,574, for a new contract amount not to exceed of $1,625,575.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

8a. Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
From: Commission on the Status of Women
Recommendation: That Council refer to the City Manager to develop a procedure for all employers and employees doing business in Berkeley, whether public, private or nonprofit, to take the sexual harassment prevention online training as posted on the California Civil Rights Department website, conducted by a qualified trainer, as required by California SB 1343, on City premises and to provide certification of completion of training to be filed with the City.

Rev - 5
Consent Calendar
Tuesday, May 6, 2025 REVISED AGENDA Page 6
That all employers doing business in Berkeley with 5 or more employees be provided with notice of the SB 1343 requirement to take sexual harassment prevention training every 2 years; the availability of free online training on the California Civil Rights Department website (formerly known as the California Department of Fair Employment and Housing) and the availability of the City of Berkeley online trainings if the employee is otherwise unable to access the online trainings.

That the City of Berkeley notice also advise each employer of the SB 1343 requirement to post a poster, in a prominent and accessible location, on discrimination in employment which includes the illegality of sexual harassment. That the notice advise employers that they can secure posters through the California Civil Rights Department or through the City of Berkeley.

That the City of Berkeley notice advise each employer that SB 1343 also requires that a poster on transgender rights, available through the California Civil Rights Department, also be posted in a prominent and accessible location in the workplace.

That the City of Berkeley secure sufficient copies of the California Civil Rights Department posters on sexual harassment and transgender rights and make them available upon request to employers requesting them.

That the City of Berkeley notice advise employers that the City of Berkeley requires them to produce documentation to the City of having otherwise taken and provided the training to employees by submitting written certification that they have taken the training as well as providing written certification from each employee who has taken the training as required by SB 1343.

That written certification provided by employers and employees who have otherwise taken the training must include the date the employer and employee took the training as required by SB 1343; the location where the training was otherwise taken; the mode of the training (live or video); and the name, address, phone number and e- mail address of the qualified trainer, under SB 1343, who provided the training. Each certification must be signed.

That the City of Berkeley maintain an online database of employer and employee compliance with SB 1343 with all the data as stated above recorded on the data base.

That the City of Berkeley send out notices to employers and employees if they are out of compliance with the SB 1343 requirement of taking initial sexual harassment trainings or periodic trainings after they have completed the initial training.

That the SB 1343 online training, provided by the City of Berkeley, be available in all the languages that the California Civil Rights Department free online training provides, that being Chinese, English, Korean, Spanish, Tagalog and Vietnamese.

That the City Manager refer to the City Attorney to develop a procedure as to how employer non-compliance should be addressed.

That the City Manager report back to Council with a progress report of the implementation of this notice and enforcement procedure, under SB 1343, no later than the first Council meeting to be held in January, 2025 and continue to provide reports to Council until this procedure is fully implemented.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Rev - 6
Consent Calendar
Tuesday, May 6, 2025 REVISED AGENDA Page 7
8b. Companion Report: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non- profit employers and employees
From: City Manager
Recommendation: Since the City is already implementing and meeting the Commission’s recommendations for City employees, and enforcement of this law for non-City businesses for 5 or more employees is covered by the State of California’s Civil Rights Department and not within the City’s jurisdiction to enforce, no action on the commission’s recommendation is recommended.

Financial Implications: None
Contact: David White, City Manager's Office, (510) 981-7000 Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

Rev - 7
Action Calendar – Public Hearings
Tuesday, May 6, 2025 REVISED AGENDA Page 8

9. Modification and Adoption of Berkeley Fire Code Local Amendments From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the second reading of Ordinance No. 7,959-N.S. which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).

First Reading Vote: All Ayes.

Financial Implications: Staff time
Contact: David Sprague, Fire, (510) 981-3473

10. ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision approving a Use Permit to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet, two unenclosed off-street parking spaces within the front setback, the construction of a trellis within the front setback, and the installation of a fence and retaining wall along the lot line.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Rev - 8

Tuesday, May 6, 2025 REVISED AGENDA Page 9
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 1, 2025.

Mark Numainville, City Clerk

Rev - 9

Tuesday, May 6, 2025 REVISED AGENDA Page 10
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #1: Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones

1. Michael

Item #6: Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO Program’s Salesforce Software System

2. Isla Peters (9)

3. Isabella Almeida (9)

EMBER

4. Carl & Nancy Mampaey

5. Julia Bazar

6. Stanley Wulf

7. Nenelle Bunnin

8. Linda Press Wulf

Fire Prevention Proposal

9. Marcia Umland and Robert Higginbotham

10. Geoff Reinhard

Alternative Housing Options

11. Carol Franger

12. Fran Haselsteiner

13. Erwan Illian

14. Office of the Mayor

15. Michael Yohay

16. David Lerman

17. D Dorenz

18. Brittany Yohay

19. Marian Macindoe

20. Sheila Press

21. Kathy

22. Andrew Pomerantz

23. Bryan Vale

Ohlone Park Concern

24. Holly Scheider

25. David Lerman

26. Carole Bennett-Simmons

27. Jennifer Kamenetz

Rev - 10

Tuesday, May 6, 2025 REVISED AGENDA Page 11
Friends Annual Meeting

28. Cathy Brown

Berkeley Rides for Seniors

29. Larisa Cummings

30. Mukta Vie

31. Lynn Cooper

32. Julia Newton

33. Connie Arnold

34. Michai Freeman

Work Concerns

35. A Concerned Employee (2)

EHBO’s Affordable Housing

36. Sophia DeWitt

Trees

37. Maria Tello

Enforcement Officers

38. Karen Weil

Homeless Guest

39. Travis Melvin

Public Restroom

40. Mike Kim

Vendor Process Inquiry

41. Aladdin Awad

Police Oversight

42. Nancy Lemon

Cooling Standards

43. Veena Nambiar (2)

Code Enforcement Concern

44. Willie Phillips

Willard Park

45. Pascale Fisher

Parking Concern

46. Shirley Kirsten
Rev - 11

Tuesday, May 6, 2025 REVISED AGENDA Page 12

47. Sandra Sanchez

UC Berkeley Project

48. Tyler Lafayette

E-Scooters

49. Robert R. Byler

Nevada Cares Campus

50. John Craner

Bayer’s 2024 Development Agreement Annual Report

51. Jennifer Cogley

Middle East Conflict

52. Russbumper

53. George Griener

54. Parker Keyes

Forwards

55. Russbumper

Screenshots

56. Josh Atwood (2)

57. Tom Luce

URL’s

58. Russbumper (5)

59. Josh Atwood

60. Eids TV
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Rev - 12
Tuesday, May 6, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, May 6, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1250 S HAYES STREET, ARLINGTON, VA 22202

ADENA ISHII, MAYOR
Councilmembers:

The City Council may take action related to any subject listed on the Agenda.

Page 1 ends

Tuesday, May 6, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Page 2 ends

Tuesday, May 6, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Consent Calendar

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Page 3 ends

Consent Calendar
Tuesday, May 6, 2025 AGENDA Page 4

2. Re-Establishment of the Berkeley Tourism Business Improvement District From: City Manager
Recommendation:

Financial Implications: See report.

Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Financial Implications: See report.

Contact: David Sprague, Fire, (510) 981-3473

Financial Implications: General Fund and Training Fund - $108,884.79 Contact: Monica Walker, Human Resources, (510) 981-6800

Page 4 ends

Consent Calendar
Tuesday, May 6, 2025 AGENDA Page 5

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Page 5 ends

Action Calendar
Tuesday, May 6, 2025 AGENDA Page 6
That all employers doing business in Berkeley with 5 or more employees be provided with notice of the SB 1343 requirement to take sexual harassment prevention training every 2 years; the availability of free online training on the California Civil Rights Department website (formerly known as the California Department of Fair Employment and Housing) and the availability of the City of Berkeley online trainings if the employee is otherwise unable to access the online trainings.

That the City of Berkeley maintain an online database of employer and employee compliance with SB 1343 with all the data as stated above recorded on the data base.

That the City Manager refer to the City Attorney to develop a procedure as to how employer non-compliance should be addressed.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Page 6 ends

Action Calendar
Tuesday, May 6, 2025 AGENDA Page 7
8b. Companion Report: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non- profit employers and employees
From: City Manager
Recommendation: Since the City is already implementing and meeting the Commission’s recommendations for City employees, and enforcement of this law for non-City businesses for 5 or more employees is covered by the State of California’s Civil Rights Department and not within the City’s jurisdiction to enforce, no action on the commission’s recommendation is recommended.

Financial Implications: None
Contact: David White, City Manager's Office, (510) 981-7000

Action Calendar – Public Hearings
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar – Public Hearings
Tuesday, May 6, 2025 AGENDA Page 8

First Reading Vote: All Ayes.

Financial Implications: Staff time
Contact: David Sprague, Fire, (510) 981-3473

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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Tuesday, May 6, 2025 AGENDA Page 9
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

Mark Numainville, City Clerk

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Tuesday, May 6, 2025 AGENDA Page 10
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #1: Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones

1. Michael

Item #6: Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO Program’s Salesforce Software System

2. Isla Peters (9)

3. Isabella Almeida (9)

EMBER

4. Carl & Nancy Mampaey

5. Julia Bazar

6. Stanley Wulf

7. Nenelle Bunnin

8. Linda Press Wulf

Fire Prevention Proposal

9. Marcia Umland and Robert Higginbotham

10. Geoff Reinhard

Alternative Housing Options

11. Carol Franger

12. Fran Haselsteiner

13. Erwan Illian

14. Office of the Mayor

15. Michael Yohay

16. David Lerman

17. D Dorenz

18. Brittany Yohay

19. Marian Macindoe

20. Sheila Press

21. Kathy

22. Andrew Pomerantz

23. Bryan Vale

Ohlone Park Concern

24. Holly Scheider

25. David Lerman

26. Carole Bennett-Simmons

27. Jennifer Kamenetz

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Tuesday, May 6, 2025 AGENDA Page 11
Friends Annual Meeting

28. Cathy Brown

Berkeley Rides for Seniors

29. Larisa Cummings

30. Mukta Vie

31. Lynn Cooper

32. Julia Newton

33. Connie Arnold

34. Michai Freeman

Work Concerns

35. A Concerned Employee (2)

EHBO’s Affordable Housing

36. Sophia DeWitt

Trees

37. Maria Tello

Enforcement Officers

38. Karen Weil

Homeless Guest

39. Travis Melvin

Public Restroom

40. Mike Kim

Vendor Process Inquiry

41. Aladdin Awad

Police Oversight

42. Nancy Lemon

Cooling Standards

43. Veena Nambiar (2)

Code Enforcement Concern

44. Willie Phillips

Willard Park

45. Pascale Fisher

Parking Concern

46. Shirley Kirsten

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Tuesday, May 6, 2025 AGENDA Page 12

47. Sandra Sanchez

UC Berkeley Project

48. Tyler Lafayette

E-Scooters

49. Robert R. Byler

Nevada Cares Campus

50. John Craner

Bayer’s 2024 Development Agreement Annual Report

51. Jennifer Cogley

Middle East Conflict

52. Russbumper

53. George Griener

54. Parker Keyes

Forwards

55. Russbumper

Screenshots

56. Josh Atwood (2)

57. Tom Luce

URL’s

58. Russbumper (5)

59. Josh Atwood

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Ordinance No. 7,958-N.S. Page 1 of 3
ORDINANCE NO. 7,958-N.S.

ADOPTION OF CALFIRE MAP DESIGNATING CITY OF BERKELEY FIRE HAZARD

SEVERITY ZONES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1: Findings
Pursuant to California Government Code 51177-51179, California Department of Forestry and Fire Protection (CALFIRE) has released identified updates to Fire Hazard Severity Zones in the Local Responsibility Area. This process last occurred in 2007 and is directed by state law. Fire Hazard Severity Zones consist of Very High, High, and Moderate designations. Of note, when the current maps were released in 2007 the High and Moderate designations did not apply to the Local Responsibility Area and only Very High area were designated by the City Council. Senate Bill 63 (Stern, 2021) amended Government Code 51178 to add the Moderate and High Fire Hazard Severity Zones in the Local Responsibility Area.

Panoramic Hill and the areas immediately surrounding it are recommended to also be designated as Very High Fire Hazard Severity Zone due to narrow structure separation distance and high housing density, limited retrofitting of structures to bring them in compliance with Chapter 7A of the Building Standards Code, a single evacuation route that will cause extended evacuation time, proximity to dense vegetation and topographic features capable of supporting fast moving wind driven fire, the benefits to evacuation and wildfire risk reduction associated with long term replacement of existing housing stock with structures that meet wildfire resistive construction standards, and the strategic opportunity that the relatively straight, wide, north-south street selected as the western boundary could provide in terms of stopping or slowing the advance of a fire moving from the hills, west into the City.

The areas recommended to be designated as High Fire Hazard Severity Zones are included due to fire history (with major fires occurring in and around this area in 1905, 1923, 1970, 1980, and 1991), the narrow structure separation distance between homes, the limited retrofitting of structures to bring them in compliance with Chapter 7A of the Building Standards Code, the benefits to evacuation and wildfire risk reduction associated with long term replacement of existing housing stock with wildfire resistive construction, limited east to west evacuation routes that will cause extended evacuation time, and the strategic opportunity that the relatively straight, wide, north-south streets selected as western boundaries could provide in terms of stopping or slowing the advance of a fire moving from the hills, west into the City.

Community members in areas designated as Very High Fire Hazard Severity Zones are required to maintain defensible space within 100 feet of structures, or the property line, whichever is closer and in the case of new construction or major remodels classified by the Building Official as new construction, to meet the wildfire resistant construction requirements included in Chapter 7A of the Building Standards Code.

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Ordinance No. 7,958-N.S. Page 2 of 3
Community members in areas designated as High Fire Hazard Severity Zones are required to meet the wildfire resistant construction requirements included in Chapter 7A of the Building Standards Code and in the case of new construction or major remodels classified by the Building Official as new construction.

Finally, community members selling property in the Very High and High Fire Hazard Severity Zones must conduct a natural hazard real estate disclosure at time of sale per CA CIV 1102.19 (AB 38, 2019).

Section 2: Adoption of CALFIRE recommended Fire Hazard Severity Zones:

The City hereby designates the Fire Hazard Severity Zones as recommended by the CALFIRE pursuant to Government Code Section 51178, and
Section 3: Designation of Additional Lands as Fire Hazard Severity Zones:

Notwithstanding the minimum fire safety standards required by state law, under the authority included in Government Code 51175 the City has the authority to establish more stringent wildfire safety standards. Further, as part of the Local Responsibility Area map adoption process, the City may designate areas not included in the identified CALFIRE maps as Moderate, High, or Very High Fire Hazard Severity Zones. The City may not reduce the identified designations, or boundaries, included in the CALFIRE maps.

Staff have reviewed the CALFIRE maps and recommend the following additional designations:

1. Designate as Very High Fire Hazard Severity Zones those areas of the City bounded by the line formed by these roads. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. Canyon Road from the Oakland border to Stadium Rim Way b. Stadium Rim Way from Canyon Road to Bancroft Way
c. Bancroft Way from Stadium Rim Way to Prospect Street d. Prospect Street from Bancroft Way to Bancroft Steps
e. Bancroft Steps from Prospect Street to Warring Street f. Bancroft Way from Warring Street to Piedmont Avenue
g. Piedmont Avenue from Bancroft Way to Dwight Way
h. Dwight Way from Piedmont Avenue to the Oakland border

2. Designate as High Fire Hazard Severity Zones those areas of the City west of the CALFIRE Very High Fire Hazard Severity Zone and east / northeast of the line formed by these roads. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. The Arlington Avenue from the Kensington Border to Marin Avenue

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Ordinance No. 7,958-N.S. Page 3 of 3
b. Sutter Street from the Southern portal of the Northbrae Tunnel to Eunice Street
c. Eunice Street from Sutter Street to Spruce Street
d. Spruce Street from Eunice Street to Hearst Avenue
e. Gayley Road from Hearst Avenue to Stadium Rim Way
f. Piedmont Avenue from Stadium Rim Way to Dwight Way
g. Warring Street from Dwight Way to Derby Street
h. Belrose Avenue from Derby Street to Garber Street
i. Claremont Boulevard from Garber Street to Claremont Avenue j. Claremont Avenue from Claremont Boulevard to the Oakland Border k. Tunnel Road from Ashby Avenue to the Oakland Border
Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a special meeting of the Council of the City of Berkeley held on April 15, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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CALFIRE FHSZ Reccomendations
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User City_of_Berkeley
City Boundary
Very High
High
Moderate
World_Hillshade
3/12/2025
0 0.6 1.20.3 mi
0 1 20.5 km
1:46,747

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Additional Areas Recommended as FHSZ by the COB
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User City Boundary
CALFIRE Very High
COB Very High (2025)
COB High (2025)
3/18/2025
0 0.8 1.60.4 mi
0 1 20.5 km
1:58,718

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Panoramic Hill Mitigation Area with Fire Pathway Overlay Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Sources: Esri, Maxar, Airbus DS, City_of_Berkeley
City Boundary
SW Fire Pathways
NE Fire Pathways
NE Entry
COB Very High FHSZ (2025)
World_Hillshade
3/12/2025
0 0.07 0.150.04 mi
0 0.1 0.20.05 km
1:5,843

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1991
1991
1946
1928
1923
1923
Historical Fire Boundaries
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Fire1923
Fire1928
Fire1946
Fire1991 City Boundary
3/14/2025
0 1 20.5 mi
0 2 41 km
1:97,367

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Year Built - North
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
Parks
after2008
before2008
City of Berkeley Boundary
3/12/2025
0 0.3 0.60.15 mi
0 0.5 10.25 km
1:23,373

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Year Built - South
Sources: Esri,
TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors, and the GIS User Community
Parks
after2008
before2008
City of Berkeley Boundary
3/12/2025
0 0.3 0.60.15 mi
0 0.5 10.25 km
1:23,373

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Very High & High FHSZs with Fire Pathway Overlay
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User City_of_Berkeley
City Boundary
SW Fire Pathways
NE Fire Pathways
COB Very High FHSZ (2025)
COB High FHSZ (2025)
3/12/2025
0 0.6 1.20.3 mi
0 1 20.5 km
1:46,747
CALFIRE Very High (2025)
NE Entry

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FHSZ Comparison 2019 to 2025
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User 0 0.6 1.20.3 mi
0 1 20.5 km
1:46,747
City Boundary
CALFIRE Very High (2025)
Additional Area
Recommended as a Very High Fire Hazard Severity
Zone by the City of Berkeley(2025)
(2025)
Additional Area Recommended as
a High Fire Hazard Severity Zone
by the City of Berkeley (2025)
Very High FHSZ (2019)

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

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Re-Establishment of the Berkeley Tourism Business Improvement District

RECOMMENDATION

1. Adopt a Resolution declaring the City Council’s intention to renew the Berkeley Tourism Business Improvement District (BTBID) for ten (10) years starting July 1, 2025, and directing the City Manager to schedule a public meeting on June 3, 2025 and a public hearing on June 24, 2025 to renew the BTBID.

2. Adopt a Resolution declaring the City Council’s intention to modify the existing BTBID to end on June 30, 2025, shortening the existing BTBID’s term from ten (10) years to eight (8) years and directing the City Manager to schedule a public hearing on June 24, 2025 on modification of the BTBID Management District Plan (Plan).

SUMMARY
The Berkeley Tourism Business Improvement District or, BTBID, is a benefit assessment district created in 2012 and subsequently renewed in 2017, to fund marketing and sales promotion efforts for assessed lodging businesses in Berkeley with five rooms or more. Lodging business owners decided to pursue renewal of the BTBID in order to maintain a revenue source devoted to marketing the City of Berkeley (City) as a destination for tourism, meetings, and events. The City contracts with Visit Berkeley, the BTBID’s Owners’ Association, which also functions as the City’s Convention and Visitor’s Bureau to implement the activities funded by the BTBID. These activities are described fully in the BTBID Management District Plan and are incorporated as Attachment 5.

The BTBID is proposed to be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et. seq. If

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Re-Establishment of the Berkeley Tourism Business Improvement District CONSENT CALENDAR May 6, 2025

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renewed, the BTBID District would generate funding annually—approximately $2,221,000 in FY 2026—for the promotion of travel and tourism specific to Berkeley.

Staff recommends that the City Council adopt the attached Resolution of Intention to Renew the BTBID, directing the City Manager to schedule a public meeting on June 3, 2025, and a public hearing on June 24, 2025, on the renewal and the levy of assessments on lodging businesses with five rooms or more within the boundaries of the City of Berkeley.

In addition, staff and the BTBID’s Owners’ Association seek to modify the existing BTBID to shorten the term by two years to conclude on June 30, 2025. The purpose of the modification is to align the BTBID’s term with the renewal term, implementing the annual assessment rate of 3% of gross short-term sleeping room rental revenue. Staff recommends that the City Council adopt the attached Resolution of Intention to Modify the BTBID, directing the City Manager to schedule a public hearing on June 24, 2025 on the modification of the Plan.

Finally, staff recommends that council adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Visit Berkeley, the BTBID’s Owners’ Association and the City of Berkeley’s Convention and Visitor’s Bureau, for an amount not to exceed total Tourism BID collections for the term of the renewed BTBID, beginning on July 1, 2025, and concluding on June 30, 2035.

FISCAL IMPACTS OF RECOMMENDATION
The proposed renewed BTBID would place a three percent (3%) assessment on short- term sleeping room rental revenue on all lodging businesses, existing and in the future, with five (5) rooms or more, available for public occupancy within the boundaries of the City. Lodging businesses may include, but are not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, or other similar structure or portion thereof.

The total BTBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $2,221,000 in FY2026. If renewed, the BTBID would be in effect for ten (10) years and a similar assessment budget is expected to apply to subsequent years, though the total assessment amounts would vary each year based on the revenue generated by the lodging businesses.

The Management District Plan (Attachment 5) designates that the funds generated by the BTBID are to be used for marketing & sales promotions, cultural tourism programs, and other specific lodging business-serving activities. One percent (1%) of the funds would be retained annually by the City for its administrative services in collecting the assessments and contracting for the BTBID services. Because the BTBID programs are designed to bring more visitors to the City, the program should continue to result in an increase in transient occupancy tax (TOT) collections. There may also be an increase in travel-related sales tax revenues as a result of higher hotel occupancies.

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Re-Establishment of the Berkeley Tourism Business Improvement District CONSENT CALENDAR May 6, 2025

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These Resolutions will have minor administrative impact. The City Manager will be directed to mail notice of hearings and a copy of the Resolution of Intention to all lodging businesses within the proposed BTBID. If the proposed BTBID is renewed, the City will be responsible for collecting and forwarding assessment funds and will be reimbursed for the cost of this service. Annual assessment funds will be deposited into Tourism BID Fund 781-21-208-251-0000-000-000-412110 and expended from fund 781-21-208-251-0000-000-446-636110.

CURRENT SITUATION AND ITS EFFECTS
The BTBID is a benefit assessment district created in 2012 (Resolution No. 65,899– N.S.) and subsequently renewed in 2017 (Resolution No 67-926-N.S.) to provide marketing & sales promotions for assessed lodging businesses. The proposed renewed BTBID includes all lodging businesses, existing and in the future, with five (5) rooms or more, available for public occupancy within the boundaries of the City. The proposed renewed BTBID would place a three percent (3%) assessment on short-term sleeping room rental revenue on all lodging businesses. Lodging business owners decided to pursue renewal of the BTBID and increase the assessment from 1% to 3% in order to maintain a revenue source devoted to marketing the City as a destination for tourism, meetings, and events and to add a cultural resources component to their programing as outlined on page 8 of the BTBID Management District Plan (Attachment 5).

The current BTBID was renewed in 2017 for a ten (10) year term, beginning July 1, 2017, through June 30, 2027. Visit Berkeley, the BTBID’s Owners’ Association, has requested that the current BTBID term be modified to shorten the ten (10) year term to eight (8) years. The process to modify the current BTBID is set to be completed concurrently with the completion of BTBID renewal. That is, the proposed modified BTBID’s term will expire on June 30, 2025, and the renewed BTBID will begin on July 1, 2025, with no break in service. The purpose of the modification is to align the BTBID’s term with the renewed term, while simultaneously implementing the annual assessment rate of three percent (3%) of gross short-term sleeping room rental revenue.

The Tourism BID assessment would continue to be collected from the assessed businesses by the City concurrently with Transient Occupancy Tax, or TOT, which remains at 1%. The City would continue to contract with Visit Berkeley to act as the Owners’ Association of the BTBID and provide services with the BTBID funds collected.

The BTBID Management District Plan designates that the funds would be used for marketing & sales promotions and cultural tourism programs. The BTBID Management District Plan also calls for City oversight of Visit Berkeley’s management of BTBID funds, including the yearly submission of an annual report and proposed budget for the following Fiscal Year, typically presented to City Council in late spring/early summer prior to the commencement of the fiscal year on July 1.

Renewal Process
The BTBID Owners’ Association, Visit Berkeley, began the process of renewing the BTBID in January 2025 by circulating a petition of all eligible lodging establishments. In March 2025, the Berkeley City Clerk certified that the City has received written petitions

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Re-Establishment of the Berkeley Tourism Business Improvement District CONSENT CALENDAR May 6, 2025

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signed by lodging business owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied (Attachment 4) with the assistance of the City’s Finance Department. This majority petition allows the City Council to initiate proceedings for district renewal. The Adoption of the attached Resolution is the first City Council action required to renew the BTBID.

Following the adoption of the Resolution of Intention to renew the district, the City Council must also schedule and hold a public meeting, where the City Council must allow public testimony regarding the proposed assessment. Finally, the City Council must schedule and hold a public hearing where any protests may be received. If at the time of the public hearing, written protests have not been received from businesses that will pay fifty percent or more of the proposed assessments, the City Council can adopt a resolution renewing the BTBID. Staff recommends that the City Council adopt the Resolution of Intention to renew the BTBID, directing the City Manager to schedule a public meeting for June 3, 2025, and the final public hearing for June 24, 2025.

District Modification Process
At the written request of the BTBID Owners’ Association, the City Council may modify the existing Management District Plan after conducting one public hearing on the proposed modification. Visit Berkeley, the BTBID’s Owners’ Association, has submitted a letter to City Council requesting modification of the current BTBID’s term to shorten the term from ten (10) years to eight (8) years (Attachment 2: Exhibit A). Submission of this written request allows the City Council to initiate proceedings to modify the current term of the BTBID.

The Property and Business Improvement District Law of 1994 requires the City to mail a copy of the Resolution of Intention to modify the BTBID to assessed lodging businesses within the BTBID. The resolution must be mailed at least ten (10) days before the public hearing on the modification. The Property and Business Improvement District Law of 1994 also requires the City to publish a copy of the Resolution of Intention to modify the BTBID in a newspaper of general circulation in the City. The resolution must be published once at least seven (7) days before the public hearing on the modification.

Staff recommends that the City Council adopt the attached Resolution of Intention to Modify the BTBID, directing the City Manager to schedule a public hearing on the proposed modification on June 24, 2025, concurrently with the public hearing to renew the district for ten years for a term of 2025-35. If the City Council, following the public hearing, decides to modify the current BTBID, the City Council can adopt a resolution of modifying the existing Management District Plan to conclude on June 24, 2025.

Contract for Distribution of Tourism BID Funds
Pending the modification of the existing term of the Tourism BID, and the successful renewal of the BTBID for 2025-35, staff recommends that council adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Visit Berkeley, the BTBID’s Owners’ Association and the City of Berkeley’s Convention and Visitor’s Bureau, for an amount not to exceed total Tourism BID

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Re-Establishment of the Berkeley Tourism Business Improvement District CONSENT CALENDAR May 6, 2025

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collections for the term of the renewed BTBID, beginning on July 1, 2025 and concluding on June 30, 2035, so the city may “pass through” the collected assessments to the owners association smoothly.

BACKGROUND
A Tourism BID is a special purpose Business Improvement District (BID) focused on the hotel sector. Tourism BIDs are formed by a local city government at the request of hotels and motels which stand to benefit from joint marketing and promotion activities directed by a separate non-profit corporation. In California, more than 112 communities have established Tourism BIDs, many of which are located in the Bay Area. Tourism BID funds are customized to fit the needs of each destination and allow for a wide range of services including marketing & sales promotions and cultural tourism programs.

In Berkeley, the convention and visitor’s bureau, known as Visit Berkeley, established a Tourism BID in 2012 known as the BTBID for a term of five years and subsequently renewed the BTBID in 2017 for a term of ten years. This renewal of the BID continues the same scope of services going forward, contemplates an increase in collections from 1% to 3% of room rates, and provides an updated Management District Plan (Attachment 4) which details the proposed BID services for the renewed BTBID and also includes the proposed boundary of the BTBID, a budget, and a proposed means of governance. The BTBID will continue to include all lodging businesses existing and, in the future, with five (5) rooms or more, available for public occupancy within the boundaries of the City. The renewed BTBID will have a ten (10) year life. The assessment will be implemented beginning July 1, 2025. Once per year beginning on the anniversary of district renewal there is a 30-day period in which business owners paying more than fifty percent (50%) of the assessment may protest and begin proceedings to terminate the district.

The City will be responsible for collecting the assessment on a monthly basis from each assessed lodging business. The City shall forward the assessments to Visit Berkeley, which will have the responsibility of managing BTBID programs as provided in the Management District Plan. The City shall retain a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.

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

RATIONALE FOR RECOMMENDATION
Renewal of the BTBID will continue a stable funding source for tourism promotion and visitor resources in Berkeley. Modification of the current BTBID’s term will allow the current BTBID’s term to end before the renewed BTBID is implemented. This effort will continue to build on Berkeley’s success as a visitor destination and will help to maintain and grow General Fund revenues generated by TOT and visitor-generated sales taxes.

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Re-Establishment of the Berkeley Tourism Business Improvement District CONSENT CALENDAR May 6, 2025

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ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Eleanor Hollander, Office of Economic Development, (510) 981-7536 Attachments:
1: Resolution: Resolution of the City Council of the City of Berkeley Declaring its Intention to Renew the Berkeley Tourism Business Improvement District and Fixing the Time and Place of a Public Meeting and a Public Hearing Thereon and Giving Notice Thereof
EXHIBIT A: District Boundaries
2: Resolution: Resolution of the City Council of the City of Berkeley Declaring its Intention to Modify the Berkeley Tourism Business Improvement District and Public Hearing Notices
EXHIBIT A: Letter from Visit Berkeley Requesting Modification of the Management District Plan for the Berkeley Tourism Business Improvement District
3: Resolution: Contract with Visit Berkeley to Implement the Berkeley Tourism Business Improvement District
4: Tourism BID Petition Certification, March 2025
5: Berkeley Tourism Business Improvement District Management District Plan, 2025

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY DECLARING

ITS INTENTION TO RENEW THE BERKELEY TOURISM BUSINESS IMPROVEMENT

DISTRICT (BTBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND

A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF
WHEREAS, the City of Berkeley (City) created the BTBID on September 18, 2012 by Resolution No. 65,899-N.S.; and
WHEREAS, the BTBID was subsequently renewed on April 25, 2017 by Resolution No. 67-926-N.S.; and
WHEREAS, the BTBID was renewed for a ten (10) year term which ends on June 30, 2027, and the BTBID Owner’s Association, Visit Berkeley, has requested the City Council to modify the Management District Plan (Plan) of the BTBID so that the current BTBID term ends June 30, 2025; and
WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Visit Berkeley, lodging business owners, and representatives from the City have met to consider the renewal of the BTBID; and
WHEREAS, Visit Berkeley has drafted a Plan which sets forth the proposed boundary of the BTBID, a service plan and budget, and a proposed means of governance; and WHEREAS, lodging business which will pay more than fifty percent (50%) of the assessment under the BTBID have petitioned the City Council to renew the BTBID.

NOW THEREFORE, BE IT RESOLVED BY THE BERKELEY CITY COUNCIL THAT:

1. The recitals set forth herein are true and correct.

2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the BTBID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the BTBID and to levy an assessment on certain lodging businesses within the BTBID boundaries in accordance with the Property and Business Improvement District Law of 1994.

3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.

4. The City Council declares its intention to renew the BTBID and to levy and collect assessments on lodging businesses within the BTBID boundaries pursuant to the Property and Business Improvement District Law of 1994.

Attachment 1

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5. The BTBID shall include all lodging businesses, existing and in the future, with five (5) rooms or more, available for public occupancy within the boundaries of the City, as shown in the map attached as Exhibit A.

6. The name of the district shall be Berkeley Tourism Business Improvement District

7. The annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; and stays by any officer or employee of a government who is exempt by express provision of federal international treaty.

8. The assessments levied for the BTBID shall be applied toward marketing & sales promotions and cultural tourism programs to market assessed lodging businesses in the City as tourist, meeting, and event destinations, as described in the Plan.

Funds remaining at the end of any year may be used in subsequent years in which BTBID assessments are levied as long as they are used consistent with the requirements of this resolution, the resolution of formation, and the Plan.

9. Subject to completion of the modification of the current BTBID term, the renewed BTBID will have a ten (10) year life, beginning July 1, 2025 or as soon as possible thereafter, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code § 36660.

10. Bonds shall not be issued to fund the BTBID.

11. The time and place for the public meeting to hear testimony on renewing the BTBID and levying assessments are set for June 3, 2025, at 6:00 PM, or as soon thereafter as the matter may be heard, at the School District Board Room located at 1231 Addison Street, Berkeley, CA 94702.

12. The time and place for the public hearing to renew the BTBID and the levy of assessments are set for June 24, 2025, at 6:00 PM, or as soon thereafter as the matter may be heard, at the School District Board Room located at 1231 Addison Street, Berkeley, CA 94702. The City Manager is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than May 9, 2025.

13. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the BTBID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed BTBID that will pay fifty percent (50%) or more of the estimated total assessment of the entire BTBID, no further proceedings to renew the BTBID shall occur for a period of one year.

14. The complete Plan is on file with the City Clerk and may be reviewed upon request.

15. This resolution shall take effect immediately upon its adoption by the City Council.

Exhibit
A: District Boundaries

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EXHIBIT A
District Boundaries

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY DECLARING

ITS INTENTION TO MODIFY THE BERKELEY TOURISM BUSINESS IMPROVEMENT

DISTRICT
WHEREAS, on April 25, 2017 the City Council of the City of Berkeley (City Council) adopted Resolution No. 67-926-N.S. declaring the results of the majority protest proceedings and renewing the Berkeley Tourism Business Improvement District (BTBID); and
WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq., allows cities to modify the Management District Plan (Plan) of a District at the request of the Owners’ Association; and WHEREAS, the BTBID Owners’ Association, Visit Berkeley, has requested modification of the Plan.

NOW THEREFORE, BE IT RESOLVED BY THE BERKELEY CITY COUNCIL THAT:

1. The recitals set forth herein are true and correct.

2. The City Council declares its intention to modify the BTBID Plan.

3. The proposed modification of the BTBID Plan will reduce the term of the BTBID from ten (10) years to eight (8) years, with a modified ending date of June 30, 2025.

4. The time and place for a public hearing on modification of the BTBID Plan are set for 6:00 PM or as soon thereafter as the matter may be heard on June 24, 2025 at School District Board Room located at 1231 Addison Street, Berkeley, CA 94702.

5. This resolution shall take effect immediately upon its adoption by the City Council.

Exhibit
A: Letter from Visit Berkeley Requesting Modification of the Management District Plan of the Berkeley Tourism Business Improvement District
Attachment 2

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EXHIBIT A: Letter from Visit Berkeley Requesting Modification of the Management District Plan for the Berkeley Tourism Business Improvement District

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH VISIT BERKELEY THE OWNERS’ ASSOCATION OF THE BERKELEY TOURISM

BUSINESS IMPROVEMENT DISTRICT (BTBID), TO IMPLEMENT THE BERKELEY

TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE TERM OF THE

RESTABLISHED TOURISM BUSINESS IMPROVEMENT DISTRICT
WHEREAS, Visit Berkeley (VB) has proven to be an effective partner with the City of Berkeley in managing the existing Berkeley Tourism Business Improvement District (BTBID) and implementing hotel and tourism marketing and promotions; and WHEREAS, Visit Berkeley is the single private sector organization that is taking comprehensive action to improve the economic vitality of the hotel sector across Berkeley, as reflected in Visit Berkeley’s current stewardship of the established Berkeley Tourism Business Improvement District; and
WHEREAS, Visit Berkeley, the convention and visitor’s bureau for the City of Berkeley, has declared its intention to renew the Berkeley Tourism Business Improvement District (BTBID) for ten (10) years starting July 1, 2025; and
WHEREAS, Visit Berkeley functions as the Owners’ Association of the BTBID; and WHEREAS, Visit Berkeley, in its capacity as the Owners’ Association of the BTBID, has drafted a Management District Plan which sets forth the proposed boundary of the BTBID, a service plan and budget, and a proposed means of governance; and WHEREAS, The BTBID Owners’ Association, Visit Berkeley, is charged with managing funds and implementing programs in accordance with the Management District Plan, and must provide annual reports to the City; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a sole source contract and any amendments with Visit Berkeley for the purpose of implementation of the BTBID Management District Plan, for an amount not to exceed total Tourism BID collections for the term of the renewed BTBID, beginning on July 1, 2025 and concluding on June 30, 2035. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

Attachment 3

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NOTICE OF PUBLIC MEETING AND PUBLIC HEARING

BERKELEY CITY COUNCIL

CONCERNING THE RENEWAL OF THE BERKELEY TOURISM

BUSINESS IMPROVEMENT DISTRICT AND LEVY OF AN

ASSESSMENT ON CERTAIN LODGING BUSINESSES WITHIN THE

DISTRICT
NOTICE IS HEREBY GIVEN that on May 6, 2025, the City Council (the “Council”) of the City of Berkeley (the “City”) adopted a Resolution of Intention to renew the Berkeley Tourism Business Improvement District (the “BTBID”) and to levy an assessment on certain lodging businesses within the BTBID as set forth in the attached Resolution of Intention.

NOTICE IS HEREBY FURTHER GIVEN that at 6:00 PM on June 3, 2025, at the School District Board Room located at 1231 Addison Street, Berkeley, CA 94702, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the renewal of the BTBID and the levy of assessments therein as set forth in the enclosed Resolution of Intention and pursuant to Government Code section 54954.6.

NOTICE IS HEREBY FURTHER GIVEN that at 6:00 PM on June 24, 2025, at School District Board Room located at 1231 Addison Street, Berkeley, CA 94702 has been set as the time and place for a public hearing at which time the City Council proposes to renew the BTBID and to levy the proposed assessment as set forth in the Resolution of Intention.

Location: The renewed BTBID includes all lodging businesses, existing and in the future, with five (5) rooms or more, available for public occupancy within the boundaries of the City.

Services: The BTBID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Marketing & sales promotions and cultural tourism programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total BTBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $2,221,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do and as businesses open and close.

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Cost: The existing annual assessment rate is one percent (1%) of gross short- term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a government who is exempt by express provision of federal international treaty; and stays at a bed and breakfast establishment as defined in Section 23F.04.010 of the Berkeley Municipal Code. The proposed annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; and stays by any officer or employee of a government who is exempt by express provision of federal international treaty.

The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The renewed BTBID will have a ten (10) year life, beginning July 1, 2025 or as soon as possible thereafter, and ending ten (10) years from its start date.

After ten (10) years, the BTBID may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. if business owners support continuing the BTBID programs.

Management: Visit Berkeley shall continue to serve as the BTBID’s Owners’ Association.

The Owners’ Association is charged with managing funds and implementing programs and must provide annual reports to the City Council.

Protest: Any owner of a lodging business within the proposed BTBID that will be subject to the assessment may protest the renewal of the BTBID. If written protests are received from the owners of lodging businesses in the proposed BTBID who represent 50 percent (50%) or more of the estimated annual assessments to be levied, the BTBID shall not be renewed, and the assessment shall not be imposed.

You may mail a written protest to:

Office of the City Clerk
City of Berkeley
2180 Milvia Street, 1st Floor
Berkeley, CA 94704
You may also appear at the public meeting or hearing and submit a written protest at that time.

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Information: Should you desire additional information about this proposed BTBID or assessment contact:

Jeffrey Church, President & CEO
Visit Berkeley
2030 Addison Street, #102
Berkeley, CA 94704
(510) 549-7040
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of June 12, 2025.

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

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

Mailed: *________*
Notice provided pursuant to Government Code section 54954.6. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 12, 2025.
__________________________________
Mark Numainville, City Clerk

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NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY

DECLARING ITS INTENTION TO MODIFY THE BERKELEY TOURISM

BUSINESS IMPROVEMENT DISTRICT
NOTICE IS HEREBY GIVEN that at 6:00 PM on June 24, 2025, at the School District Board Room located at 1231 Addison Street, Berkeley, CA 94702 has been set as the time and place for a public hearing at which time the Council proposes to modify the existing BTBID, to conclude service on June 30, 2025, as set forth in the Resolution of Intention.

Location: There is no proposed change to BTBID boundaries which include all lodging businesses with five (5) rooms or more, located within the boundaries of the City of Berkeley.

Services: The BTBID is designed to provide specific benefits directly to payors by increasing room night sales. Marketing and sales promotions will increase overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing room night sales.

Budget: The total BTBID annual budget for each full year of operation is anticipated to be approximately $557,760. This budget is expected to fluctuate as room sales do, but is not expected to significantly change over the BTBID’s term.

Cost: There is no change proposed to the annual assessment rate. The current assessment rate is one percent (1%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a government who is exempt by express provision of federal international treaty; and stays at a bed and breakfast establishment as defined in Section 23F.04.010 of the Berkeley Municipal Code.

Collection: The City of Berkeley will continue to be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business with five (5) rooms or more, located in the boundaries of the BTBID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

Duration: The modified BTBID will have an eight (8) year life, with a modified ending date of June 30, 2025. The City of Berkeley created the BTBID on April 25, 2017 by Resolution No. 67-926-N.S.; for a ten (10) year term which

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currently ends on June 30, 2027. The BTBID Owner’s Association has requested the City Council to modify the Management District Plan of the BTBID so that the current BTBID term ends June 30, 2025. The process to modify the current BTBID is set to be completed concurrently with completion of BTBID renewal. That is, the proposed modified BTBID’s term will expire on June 30, 2025, and the renewed district will begin on July 1, 2025 with no break in service. The purpose of the modification is to align the BTBID’s term with the rewed BTBID, implementing the annual assessment rate of 3% of gross short-term sleeping room rental revenue.

Management: Visit Berkeley will continue to serve as the BTBID’s Owners’ Association.

The Owners’ Association is charged with managing funds and implementing programs in accordance with the Plan, and must provide annual reports to the City of Berkeley.

Protest: Any owner of a lodging business within the proposed BTBID that will be subject to the assessment may protest the modification of the BTBID. If written protests are received from the owners of lodging businesses in the existing BTBID who represent fifty percent (50%) or more of the estimated annual assessments to be levied, the BTBID shall not be modified.

You may mail a written protest to:

Office of the City Clerk
City of Berkeley
2180 Milvia Street, 1st Floor
Berkeley, CA 94704
You may also appear at the public meeting or hearing and submit a written protest at that time.

Information: Should you desire additional information about the modified BTBID or assessment contact:

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Mailed: *______*
Notice provided pursuant to Government Code section 54954.6.

Pursuant to Streets and Highways Code section 36636, notice for the public hearing that will result from the adoption of this Resolution shall be accomplished by mailing a copy of the Resolution to assessed business owners and publishing a copy of the Resolution in a newspaper of general circulation in the City.
“Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The Resolution of Intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing. (2) A complete copy of the Resolution of Intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.”
Mailed: *______*
Published: *______*
Notice provided pursuant to Streets and Highways Code section 36636. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Meeting and Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Build,ing 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 12, 2025.
__________________________________
Mark Numainville, City Clerk

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2025-2035

BERKELEY TOURISM BUSINESS

IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN

Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

March 5, 2025

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CONTENTS

I. Overview .................................................................................................................................................... 3 II. Background ................................................................................................................................................ 4 III. Accomplishments ................................................................................................................................. 5 IV. Boundary ............................................................................................................................................... 6 V. Assessment Budget And Services ........................................................................................................... 7 A. Annual Service Plan ............................................................................................................................. 7 B. Annual Budget ...................................................................................................................................... 9 C. California Constitutional Compliance ............................................................................................... 9 D. Assessment .......................................................................................................................................... 10 E. Interest And Overdue Charges ........................................................................................................ 11 F. Time And Manner For Collecting Assessments ............................................................................ 12 VI. Governance ......................................................................................................................................... 13 A. Owners’ Association .......................................................................................................................... 13 B. Brown Act And California Public Records Act Compliance ....................................................... 13 C. Annual Report .................................................................................................................................... 13 Appendix 1 – Law ............................................................................................................................................ 14 Appendix 2 – Assessed Businesses ............................................................................................................... 26

Prepared by
Civitas

(800)999-7781
www.civitasadvisors.com

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BTBID Management District Plan 3
March 5, 2025
I. OVERVIEW

Developed by Berkeley lodging businesses and Visit Berkeley (VB), the convention and visitors bureau for Berkeley, California the Berkeley Tourism Business Improvement District ( BTBID) is an assessment district proposed to continue to provide specific benefits to payors by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The BTBID was initially created in 2012 for a five (5) year term , and was subsequently renewed in 2017 for a ten (10) year term. VB and Berkeley lodging businesses now wish to renew the BTBID for an additional ten (10) year term.

Location: The renewed BTBID includes all lodging businesses, existing and in the future, with five (5) rooms or more , available for public occupancy within the b oundaries of the City of Berkeley (City), as shown on the map in Section IV.

Cost: The annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on:
stays of more than thirty (30) c onsecutive days; and stays by any officer or employee of a government who is exempt by express provision of federal international treaty .

Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each assessed lodging business located in the boundaries of the BTBID. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The renewed BTBID will have a ten (10) year life, beginning July 1, 2025 or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the BTBID may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if business owners support continuing the BTBID programs.

Management: VB shall continue to serve as the BTBID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Management District Plan (Plan), and must provide annual reports to the City Council.

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BTBID Management District Plan 4
March 5, 2025
II. BACKGROUND

TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TBID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TBID. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TBIDs without a state law.

California’s TBIDs collectively
raise over $300 million annually for
local destination marketing in
2024. With competitors raising
their budgets, and increasing
rivalry for visitor dollars, it is
important that Berkeley lodging
businesses continue to invest in
stable, commerce -specific
marketing programs.

TBIDs utilize the efficiencies of
private sector operation in the
market-based promotion of
tourism districts. TBIDs allow
tourism business owners to
organize their efforts to increase commerce. Lodging business owners within the TBID pay an assessment and those funds are used to provide services that increase commerce.

In California, most TBIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between Tourism BIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TBIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion.

0 20
40 60
80 100
120
Number of Districts Operating in
California

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BTBID Management District Plan 5
March 5, 2025
III. ACCOMPLISHMENTS OF BERKELEY’S TOURSIM BID TO DATE

• Creation of Berkeley Restaurant Week, celebrating the culinary excellence the city has to offer.
• Implementation of Berkeley Bucks, the City of Berkeley’s first e-gift card redeemable only in Berkeley to support local businesses, with a focus on shopping, dining, and accommodations.
• Utilized the Visit Berkeley website and team as a resource during the pandemic to support local businesses with a “What’s Open?” page, hosting restaurant roundtables to phase in outdoor dining, and supported the City of Berkeley’s “Berkeley Relief Fund” campaign to raise funds for those most impacted by the pandemic.
• Sponsorship and support of large-scale events such as the Bay Area Book Festival and Bioneers to increase overnight visitation.
• Sponsored California Hotel & Lodging Association (CHLA) Membership for All Lodging Properties
• Through CHLA, were able to deliver then-hard-to-source PPE (masks and hand sanitizer) to all hotel properties
• Provided Advanced Hotel Performance Metrics through Smith Travel Report (STR) / Kalibri Reports to Lodging Partners
• Invested in metrics-supported online travel agency (OTA) marketing campaigns to boost Berkeley hotel occupancy
• Developed a partnership with Placer AI, utilizing their platform on annual subscription basis to quantify the local economic impact of tourism through location-based data • Hosted meeting planner familiarization tours for Berkeley hotel and event venues • 1,500+ RFP’s received and processed through CVENT & Direct Lead retrieval from various tradeshows
• Created the Visit Berkeley Partner Showcase, connecting UC Berkeley event planners with Berkeley Businesses and vendors (i.e. local caterers)
• Invested in a modern interactive website, VisitBerkeley.com, in 2019 • 503,609 visitors to VisitBerkeley.com in ’24 (14% increase over 2023) • 1,105,293 VisitBerkeley.com page views in ’24 (10% increase over 2023) • Invested in an independent, non-OTA, commission-free booking engine (Ripe Booking) for onsite hotel bookings in 2024

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BTBID Management District Plan 6
March 5, 2025
IV. TOURISM BID BOUNDARY

The BTBID will continue to include all lodging businesses, existing and in the future , with five (5) rooms or more, available for public occupancy within the boundaries of the City of Berkeley (City), as shown in the map below.

Lodging business may include, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, or other similar structure or portion thereof.

A complete listing of assessed lodging businesses within the renewed BTBID can be found in Appendix 2.

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BTBID Management District Plan 7
March 5, 2025
V. ASSESSMENT BUDGET AND SERVICES

A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable c ost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the BTBID funds are sales & marketing and cultural tourism programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the VB Board.

The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $2,221,000 in year one.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the VB Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the BTBID, any and all assessment funds may be used for the costs of defending the BTBID.

Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicat ed purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by VB on an as- needed basis.

Sales and Marketing
Sales and
Marketing,
$1,887,850 , 85%
Cultural Tourism,
$222,100 , 10%
Contingency / Reserve,
$88,840 , 4%
Collection Fee,
$22,210 , 1%
Initial Annual Assessment Budget -
$2,221,000

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BTBID Management District Plan 8
March 5, 2025
A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Berkeley as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include , but is not limited to, the following activities:
• Internet marketing efforts to inc rease awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote assessed businesses; • Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Preparation and production of collateral promotional materials such as brochures , flyers and maps featuring assessed businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses; and
• Development and maintenance of a website designed to promote assessed businesses.

Cultural Tourism
Cultural tourism programs are intended to drive travel to Berkeley by attracting visitors to experience cultural, historical, and artistic attractions to generate visitation to assessed businesses. By promoting Berkeley’s rich heritage and unique cultural offerings, the Cultural Tourism program encourages higher visitation and longer stays to assessed businesses. The Cultural Tourism program may include, but is not limited to, the following activities:
• Creation of new arts, cultural and educational programs and activities to generate overnight visitation to assessed businesses;
• Organizing events including as festivals, performances, and exhibitions that celebrate Berkeley’s unique heritage and arts, resulting in overnight visitation to assessed businesses; • Promoting food-related experiences that highlight Berkeley’s local cuisine, driving demand for overnight visitation to assessed businesses;
• Sustainability programs that offset impacts of tourist visitation within the destination; • Enhancements to environmental experiences, which attr act overnight visitors, and expose visitors to the value of the vital ecosystems;
• Services designed to improve the visitors experience such as, but not limited to, beautification of public spaces to drive overnight visitation to assessed businesses; and • Infrastructure improvements that enhance the destination’s competitive position to attract desirable special events year-round and attract overnight visitors.

Collection Fee
The City shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.

Contingency/Reserve

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BTBID Management District Plan 9
March 5, 2025
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, advocacy or renewal costs at the discretion of VB. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the VB Board of Directors. Contingency/Reserve funds may be spent on BTBID programs or administrative and renewal costs in such proportions as determined by VB. The reserve fund may be used for the costs of renewing the BTBID.

B. Annual Budget
The total ten (10) year assessment budget is projected at approximately $2,221,000 annually, or $22,210,000 through the ten (10) year term of the BTBID. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and as businesses open and close.

C. California Constitutional Compliance
The BTBID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property. 1 Rather, the BTBID assessment is a business -based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the BTBID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expe nded on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits dir ectly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the BTBID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the BTBID, and are narrowly tailored. BTBID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non -assessed lodging businesses in BTBID programs, or to directly generate sales for non -assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.

The assessment imposed by this BTBID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing & sales and cultural tourism programs promoting lodging businesses paying the BTBID assessment. The marketing & sales and cultural tourism programs will be designed to increase room night sales at each assessed lodging businesses. Because they are

1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)

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necessary to provide the marketing & sales and cultural tourism programs that specifically benefit the assessed lodging bus inesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the BTBID, in providing specific benefits to payors, may produce incidental benefi ts to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” 4 The legislature has recognized that marketing and promotions services like those to be provided by the BTBID are government services within the meaning of Proposition 26 5. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
BTBID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the VB, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from BTBID- funded activities, be featured in adverti sing campaigns, and benefit from other BTBID-funded services. The assessed lodging business list was compiled from records provided by the jurisdiction and complies with the requirements of the 94 Law. Pursuant to Streets and Highways Code Section 36615, the City Council’s determination of ownership is final and conclusive, with no obligation to obtain other information. Non-assessed lodging businesses will not receive these, nor any other, BTBID-funded services and benefits.

The BTBID-funded programs a re targeted directly to benefit assessed businesses . It is, however, possible that there will be a spill over benefit to non -assessed businesses. If non -assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-BTBID funds. BTBID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The annual assessment rate is three percent (3%) of gross short term sleeping room rental revenue on lodging businesses with five (5) rooms or more . Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; and stays by any officer or employee of a government who is exempt by express provision of federal international treaty.

3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)

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The assessment was calculated based on the total cost of the activities to be provide d for the benefit of the businesses within the BTBID, with costs allocated based on the proportional benefit conferred to each business. Activities funded by the BTBID, are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assess ee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights.

The term “gross room rental revenue” as used herein means: the consideration charged for the occupancy of space in a lodging business valued in money. Gross sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, any federal, state or local tax es collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the BTBID assessment is identified separately it shall be disclosed as the “BTBID Assessment.” As an alternative, the disclosure may include the amount of the BTBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment sha ll not be considered revenue for calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Interest and Overdue Charges
The BTBID shall reimburse the City of Berkeley for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent BTBID assessment are sought to be recovered in the same collection action by the City, the BTBID shall bear its pro rata share of such collection costs.

Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business which fails to remit any assessment imposed within the time required shall pay a n overdue charge of ten percent (10%) of the amount of the assessment.

2. Continued Delinquency: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency overdue charge of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) overdue charge first imposed.

3. Fraud: If the tax administrator determines that the nonpayment of any re mittance due is due to fraud, a n overdue charge of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the overdue charges stated in subsections 1 and 2 of this section.

4. Interest: In addition to the overdue charges imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one percent (1%) per month or fraction

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thereof on the amount of the assessment, exclusive of overdue charges, from the date on which the remittance first became delinquent until paid.

5. Overdue Charges Merged With Assessment: Every overdue charge imposed and such interest as accrues shall become a part of the assessment herein required to be paid.

F. Time and Manner for Collecting Assessments
The BTBID assessment will be implemented beginning July 1, 2025 or as soon as possible thereafter, and ending ten (10) years from its start date. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest and overdue charges) from each assessesd lodging business. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. The City shall forward the assessments col lected to the Owners’ Association.

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VI. GOVERNANCE

A. Owners’ Association
The City Council, through adoption of this Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the BTBID as defined in Streets and Highways Code §36612. The Berkeley City Council has determined that VB will continue to serve as the Owners’ Association for the BTBID for the term of the renewal (10 years).

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the VB Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vo te or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
VB shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in su fficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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APPENDIX 1 – LAW

CURRENT THROUGH ALL LEGISLATION OF THE 2024 REGULAR AND SPECIAL SESSIONS

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994

CHAPTER 1. General Provisions

ARTICLE 1. Declarations

36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”

36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to t his act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those

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special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.

36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.

This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.

36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing fo r a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).

36603.5. Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the o ther provision of law, as to districts created under this part.

36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions

36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

36606.5. “Assessment”

“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

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36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.

36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

36610. “Improvement”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.

36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622.

36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.

36614. “Property”

“Property” means real property situated within a district.

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36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property.

36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment.

36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or ot herwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

36615.5. “Special benefit”

(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.

36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law

36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment

36620. Establishment of property and business improvement district

A property and business improvement district may be established as provided in this chapter.

36620.5. Requirement of consent of city council

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A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.

36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed t o be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.

36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities

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and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the am ount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years.

Notwithstanding these limitations, a district created pursuant to this part to finance capital improvement s with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a prop erty- based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m) Any other item or matter required to be incorporated therein by the city council.

36623. Procedure to levy assessment

(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be

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mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized represent ative. A written protest that does not comply with this section shall not be counted in determining a majority protest.

If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majorit y protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the prop osed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.

36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference t o any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishme nt of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the

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district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.

36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city coun cil may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property - based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.

36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district.

36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments

36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at t he same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

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36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.

36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in an action or p roceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed.

36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter.

36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.

36637. Reflection of modification in notices recorded and maps

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

36638. Assessment as government imposed fee on Civ C § 1770 transaction [Operat ive July 1, 2024]

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(a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024.

CHAPTER 3.5. Financing

36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Divisi on 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance

36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of

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assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.

36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to pr ovide services.

CHAPTER 5. Renewal

36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized t o issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment

36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the distri ct, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30 -day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

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(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

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APPENDIX 2 – ASSESSED BUSINESSES
Assessed Berkeley Tourism BID Contributors, lodgings with 5 or more rooms, as of: March 2025

Business Name Site Address City, State ZIP
Aiden by Best Western 1499 University Ave. Berkeley, CA 94702 Bancroft Hotel 2680 Bancroft Way Berkeley, CA 94704
Berkeley City Club 2315 Durant Ave. Berkeley, CA 94704
Berkeley Travelodge (Sather
Hotel by Wyndham Berkeley)
1820 University Ave. Berkeley, CA 94703
Doubletree Berkeley Marina 200 Marina Blvd. Berkeley, CA 94710 Downtown Berkeley Inn 2001 Bancroft Way Berkeley, CA 94704 Graduate Berkeley 2600 Durant Ave. Berkeley, CA 94704
Holiday Inn Express 1175 University Ave. Berkeley, CA 94702 Hotel Shattuck Plaza 2086 Allston Way Berkeley, CA 94704 Howard Johnson Hotel 1512 University Ave. Berkeley, CA 94702 Marina Inn 975 University Ave. Berkeley, CA 94710
Nash Hotel 2045 University Ave. Berkeley, CA 94704
Prima Donna Hotels Inc., dba
Sens Hotel & Bistro Berkeley
1540 Shattuck Ave. Berkeley, CA 94709
Residence Inn 2121 Center St. Berkeley, CA 94704
Rose Garden Inn 2740 Telegraph Ave. Berkeley, CA 94705
University Inn 920 University Ave. Berkeley, CA 94710
Urban Adamah 1151 Sixth St. Berkeley, CA 94710
Vista Inn & Suites, dba Quality
Inn
1761 University Ave. Berkeley, CA 94703
YMCA of the East Bay 2001 Allston Way Berkeley, CA 94704

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

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Diablo Fire Safe Council for Home Hardening Donations

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Diablo Fire Safe Council (DFSC) to serve as the fiscal sponsor for donations that support home hardening work in Berkeley, particularly in its Fire Hazard Severity Zones, for a term of five years.

FISCAL IMPACTS OF RECOMMENDATION
There is no impact to the City’s General Fund. Administrative fees for the DFSC will be deducted from the donated funds as follows - over the life of the agreement, 10% on the first $100,000 received, 7% on the next $150,000 (up to $250,000 total), and 5% on any amount above $250,000. These fees will be used by DFSC to administer the fund and process disbursements.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Fire Department has launched the EMBER (Effective Measures for Berkeley’s Ember Resilience) initiative to reduce wildfire ignition risk. A key part of this initiative is supporting residents with costs associated with home hardening — retrofitting homes to meet standards in Chapter 7A of the California Building Code.

By partnering with the DFSC, a well-established and qualified 501(c)(3) nonprofit, the City will be able to encourage and accept charitable contributions that will directly support residents conducting home hardening work.

This is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city.

BACKGROUND
The DFSC has extensive experience administering cost-share and matching fund programs to support wildfire prevention and mitigation. Under this agreement, DFSC will serve as the fiduciary agent for donations made to support home hardening projects through the City's Resident Assistance Program (RAP). DFSC will manage the funds in

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Contract: Diablo Fire Safe Council for Home Hardening Donations CONSENT CALENDAR May 6, 2025

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a dedicated subaccount, issue payments according to City direction, and ensure compliance with all nonprofit fiscal regulations.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Home hardening is a proven strategy to reduce wildfire spread and ignition in the built environment. Facilitating this work supports the City’s climate adaptation goals and strengthens community resilience.

RATIONALE FOR RECOMMENDATION
This partnership provides a transparent and legally compliant method to accept and distribute donations in support of wildfire safety, while reducing administrative burden on the City. DFSC’s existing infrastructure and nonprofit status make them well-suited to serve in this role.

ALTERNATIVE ACTIONS CONSIDERED
The City considered creating its own donation management program but determined that partnering with an experienced nonprofit fiscal sponsor would be more efficient and cost-effective.

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:
1: Resolution
Exhibit A: Diablo Fire Safe and City of Berkeley Agreement

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

CONTRACT: DIABLO FIRE SAFE COUNCIL TO SERVE AS THE FISCAL SPONSOR

FOR DONATIONS THAT SUPPORT HOME HARDENING WORK IN BERKELEY WHEREAS, the City of Berkeley faces elevated wildfire risk, particularly in hillside and wildland-urban interface (WUI) areas; and
WHEREAS, the City has established the EMBER (Effective Measures for Berkeley’s Ember Resilience) initiative to reduce wildfire ignition risk through community-level prevention strategies, including home hardening; and
WHEREAS, the City desires to provide financial assistance to residents conducting home hardening work to bring their properties into compliance with Chapter 7A of the California Building Code; and
WHEREAS, the City lacks an existing mechanism to receive and manage private donations for this purpose; and
WHEREAS, Diablo Fire Safe Council (DFSC) is a nonprofit 501(c)(3) organization with experience administering cost-share wildfire mitigation programs and is qualified to serve as a fiscal sponsor for private donations; and
WHEREAS, DFSC will receive, manage, and disburse private funds according to the City’s direction for the benefit of residents participating in the City’s Resident Assistance Program (RAP), supporting the EMBER initiative’s goals.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with the Diablo Fire Safe Council for a term of five years to serve as the City’s fiscal sponsor for private donations supporting home hardening in Berkeley’s fire zones.

BE IT FURTHER RESOLVED that all disbursements from DFSC to residents shall be made in accordance with City-approved eligibility criteria, and DFSC shall maintain detailed financial records and provide regular reporting to the City.

Exhibits
A: Diablo Fire Safe and City of Berkeley Agreement

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Agreement for Grant Funds Distribution Between City of Berkeley and the Diablo Firesafe Council Page 1 of 7 AGREEMENT BETWEEN DIABLO FIRE SAFE COUNCIL AND THE CITY OF

BERKELEY FOR THE PROVISION OF FISCAL SPONSORSHIP FOR HOME

HARDENING PROGRAMS
THIS AGREEMENT (the “Agreement”) is entered into on 3/26/25, 2025 (the “Effective Date”) between the Diablo Firesafe Council, a 501(c) non-profit, (“DFSC”) and the City of Berkeley, a municipal corporation (“City”) (together sometimes referred to as the “Parties”). DFSC is a California, USA nonprofit public benefit corporation located in Oakland, California, USA which has received recognition of exemption from federal income tax under Section 501(c)(3) of the Internal Revenue Code (IRC) and classification as a public charity under IRC Sections 509(a)(1) and 170(b)(1)(A)(vi).

WHEREAS, the City operates a program to encourage home owners to conduct home hardening which reduces the risk of ignition during a wildfire, and WHEREAS, DFSC operates a cost-share matching program that distributes funds to residents engaging in similar types of projects; and
WHEREAS, City desires to have the DFSC receive external donations of funds on behalf of the City and distribute them per the City’s instructions, and the DFSC is willing to provide such support in the form of a nonprofit fiscal sponsorship in accordance with nonprofit laws
WHEREAS, DFSC’s Board of Directors has approved the establishment of a fund to receive donations of cash earmarked for support of the project in this agreement and to make disbursements in furtherance of the project’s mission (the “Fiscal Sponsorship”).

NOW, THEREFORE, the City and the DFSC hereby agree as follows:

Section 1. SERVICES.

In accordance with the terms and conditions set forth in this Agreement, the DFSC agrees to perform all services (the “Services”):

A. Shall be the fiduciary agent for donations made for the purposes of funding work related to the City’s Home Hardening Resident Assistance Program (RAP).

B. Shall notify the City of receipt of any donation aggregating more than $1,000 from a single source, and shall not disburse funds from such donation until the Berkeley City Council has disclosed and approved such donation pursuant to Berkeley Municipal Code section 2.06.150.

C. Shall maintain a proper accounting of funds including and state and federal tax filings. This will include keeping books for all funds received under this agreement in a separate sub account for this purpose only DFSC will

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Agreement for Grant Funds Distribution Between City of Berkeley and the Diablo Fires Safe Council . Page 2 of 7
submit regular reports to the City for the funds received and processed under this agreement.

D. Shall disperse the funds per the City’s instructions upon receipt of an invoice for payment, W-9, and/or a receipt for reimbursement of funds, with 1099s being issued for all homeowner payments issued under this agreement.

Processing of invoices will commence upon receipts of invoice but may take up to 30 days for the check to be mailed.

E. Shall provide a letter of acknowledgement to all donors and funders contributing $75 or more to this fund, for their tax purposes, stating that no goods or services were received in exchange for their charitable donations.

The City agrees to:

A. Accept RAP applications, review, prioritize and provide the DFSC a list of approved applicants to receive checks. The City will provide an invoice and a W-9 for all recipients.

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end five (5) years from the date this Agreement was signed by DFSC, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. DFSC, and representatives, shall diligently perform all services required in connection with this Agreement in the manner and according to the standards required by the City.

1.3 Assignment of Personnel. DFSC shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. Either Party may cancel this Agreement at any time and without cause upon written notification to the other Party.

Section 2. COMPENSATION.

In exchange for the Services by the DFSC, the City hereby agrees the DFSC may retain for itself an administrative fee from all funds received using the following formula:
● Ten-percent (10%) up to $100,000 ,
● Five-percent (7%) up to $250,000 ,
● Three-percent (5 %) for anything over $250,000 .

The fund totals shown above are cumulative over the lifetime of the agreement.

The City shall not be responsible for any payment to DFSC and shall have no obligation to reimburse or otherwise compensate DFSC for any expenses it may incur in providing the services. The DFSC’s sole compensation under this Agreement shall be from the amounts retained according to the foregoing formula. The DFSC is solely responsible for

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the payment of all applicable federal and state taxes incurred under this Agreement. As a 501(c)3 nonprofit organization, DFSC will not be obligated to pay taxes on these funds.

Section 3. INSURANCE REQUIREMENTS.

Each Party shall, at its sole cost and expense, carry insurance or self-insure its activities in connection with this Agreement, and obtain and keep in force insurance or equivalent programs of self-insurance, for general liability, professional liability, workers’ compensation, and business automobile liability adequate to cover its potential liabilities hereunder. The City’s general liability insurance shall name DFSC as an additional insured.

Section 4. INDEMNIFICATION.

Each Party shall defend, indemnify, and hold harmless the other Parties, and their officials, officers, employees, agents and volunteers from and against all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from the performance of the Agreement, to the extent such is caused in whole or in part by the negligent or intentional acts or omissions of the indemnifying Party’s respective officials, officers, employees, agents or volunteers.

It is the intention of each Party that the provisions of this paragraph be interpreted to impose on each Party responsibility to the other Party for the negligent or intentional acts and omissions of each Party’s respective officials, officers, employees, agents and volunteers. It is also the intention of the Parties that each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officials, officers, employees, agents and volunteers. The obligations in this section shall survive the termination or expiration of the Agreement.

Section 7. INDEPENDENT PARTIES.

For purposes of this Agreement, each Party will each act in an independent capacity and not as officers, employees or agents of the other. No Party shall have the right to control the other, except as expressly referenced in this Agreement. Nothing in this Agreement establishes, constitutes or shall be construed to establish or constitute a partnership, agency or employment relationship between the Parties. Persons providing services under this Agreement will remain the employees of their respective agencies, and will not be employees of the other.

Section 8. LEGAL REQUIREMENTS.

8.1 Governing Law. The laws of the State of California shall govern this Agreement along with all IRS regulations governing 501(c)3 nonprofit organizations

8.2 Compliance with Applicable Laws. The DFSC and any subcontractors shall comply with all laws and City ordinances applicable to the performance of the work in connection with this Agreement.

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8.3 Project Fund Management / Performance of Charitable Purposes. All of the assets received by DFSC under the terms of this Agreement shall be devoted to the purposes of the Project, within the tax-exempt purposes of DFSC. The Signatories agree not to use its funds or operate in any way which would jeopardize the tax-exempt status of DFSC. No item of revenue shall be earmarked for use in any attempt to influence legislation within the meaning of IRC Section 501(c)(3) and no agreement, oral or written, to that effect shall be made between DFSC and any revenue source. DFSC shall not use any portion of the assets to participate or intervene in any political campaign on behalf or in opposition to any candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, nor to take any other action inconsistent with IRC Section 501(c)(3).

8.4 Licenses and Permits. The DFSC represents and warrants to the City that its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

8.5 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, the DFSC shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by DFSC under this Agreement.

Section 9. MODIFICATION.

9.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

9.2 Assignment. The DFSC may not assign this Agreement or any interest therein without the prior written approval of the City, which approval shall not be unreasonably withheld.

9.3 Subcontracting. The DFSC shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, the DFSC shall supervise all work subcontracted by DFSC in performing the Services; shall be responsible for all work performed by a subcontractor if DFSC itself had performed such work; the subcontracting of any work to subcontractors shall not relieve DFSC from any of its obligations under this Agreement with respect to the Services; and DFSC is obligated to ensure that any and all subcontractors performing any Services shall be fully

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Agreement for Grant Funds Distribution Between City of Berkeley and the Diablo Fires Safe Council . Page 5 of 7
insured in all respects and to the same extent as set forth under Section 3, to the City’s satisfaction.

9.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between the DFSC and the City shall survive the termination of this Agreement.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of the City’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that the DFSC prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

10.2 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. The DFSC understands that the City is a public agency and is subject to the laws that may compel it to disclose information about DFSC’s business.

Section 11. NON-DISCRIMINATION.

11.1 The DFSC shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

11.2 The DFSC shall permit City access to records of employment, employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of City, are necessary to monitor compliance with this non-discrimination provision. In addition, DFSC shall fill-out, in a timely fashion, forms supplied by City to monitor this non-discrimination provision.

Section 12. MISCELLANEOUS PROVISIONS.

12.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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12.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

12.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

12.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

12.5 Contract Administration. This Agreement shall be administered by the Berkeley Fire Chief. All correspondence shall be directed to or through the representative.

12.6 Notices. Any written notice to City shall be sent to:

City of Berkeley
2100 Martin Luther King Jr Way, 2nd Floor
Berkeley, California 94704
Attention: Fire Chief
With a copy to
City of Berkeley
2180 Milvia Street
Berkeley, California 94704
Attention: City Attorney
Any written notice to the DFSC shall be sent to:

Diablo Firesafe Council
4200 Park Boulevard, #544
Oakland, CA 94602
Attn: Holly Million

12.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between the DFSC and the City and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

12.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, the DFSC and the City agree to resolve the dispute in accordance with the following:

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Agreement for Grant Funds Distribution Between City of Berkeley and the Diablo Fires Safe Council . Page 7 of 7
Each Party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement.

The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. seq.

12.9 Audit. Pursuant to Section 61 of the Berkeley City Charter, the City Auditor’s Office may conduct an audit of DFSC’s financial, performance and compliance records maintained in connection with the operations and services performed under this Agreement. In the event of such audit, DFSC agrees to provide the City Auditor with reasonable access to Company’s employees and make all such financial, performance and compliance records available to the Auditor’s Office. City agrees to provide DFSC an opportunity to discuss and respond to any findings before a final audit report is filed.

12.10 Business License. DFSC has obtained a City business license as required by B.M.C. Chapter 9.04, and its license number is written below; or, DFSC is exempt from the provisions of B.M.C. Chapter 9.04 and has written below the specific B.M.C. section under which it is exempt. DFSC certifies under penalty of perjury that its taxpayer identification number is 31- 1661233,

12.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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Agreement for Grant Funds Distribution Between City of Berkeley and the Diablo Fires Safe Council . Page 8 of 7

SIGNATURES PAGE
The Parties have executed this Agreement as of the Effective Date.

DIABLO FIRESAFE COUNCIL CITY OF BERKELEY
Holly Million, DFSC Executive Director Paul Buddenhagen, City Manager Attest: Attest:
__________________________ __________________________
Ra Criscatello, DFSC Board Secretary Mark Numainville, City Clerk

Approved as to Form: Approved as to Form:
____________________________ ____________________________ Rosemary Chang Farimah Faiz Brown
DFSC Board Treasurer City Attorney

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

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Monica Walker, Interim Director of Human Resources Subject: Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, learning management, and performance management to extend the contract from May 16, 2025 to May 15, 2028 and increase the contract cap to $108,884.79 to cover the cost of three fiscal years.

FISCAL IMPACTS OF RECOMMENDATION
The impact for three fiscal years is $108,884.79 which will be funded through the General Fund (Fund 011) and Training Fund (Fund 146).

CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department is responsible for recruiting, receiving, and processing job applications; administering candidate assessments and examinations; establishing eligible lists; referring lists of eligible candidates to City departments to fill vacancies; and providing mandatory and developmental training. The Recruitment, Exam, and Selection division received and processed a total of 19,826 applications in 2024; 564 applicants were hired and completed their onboarding paperwork electronically while also completing mandatory trainings. In addition to the Applicant Tracking System, the City of Berkeley contracted NEOGOV’s Course Management Import and Position Import systems to assign mandatory training for new hires in 2024.

In 2025, mandatory training has been rolled out for all City of Berkeley employees to comply with city policies, as well as state and federal laws.

The Department of Human Resources has moved away from paper applications, onboarding materials, training materials and personnel files with the help of NEOGOV.

NEOGOV’s state-of-the-art, web-based applicant tracking system has allowed the Human Resources department to quickly and effectively deliver services to both internal departments and external customers by automating the recruitment and selection process and improving its efficiency and effectiveness.

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Internal
Adopt a Resolution authorizing the City Manager to Execute an Amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for Online Data Management Services

CONSENT CALENDAR
May 6, 2025

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BACKGROUND
The Human Resources Department issued a request for proposal (RFP), Specification No. 08-10275-C, on September 12, 2007, for a new job applicant tracking system and service. A selection committee made up by Human Resources and the Information Technology Department evaluated responses, conducted interviews and heard presentations from four vendors. NEOGOV was selected and has provided excellent services to the city. On June 3, 2024, the contracts held under NEOGOV were combined into a single contract, Contract No. 32400192 which includes training modules in addition to the applicant tracking system. The subscription for the current contract, in effect since 2024, ends on May 15, 2025 and is capped at $50,000. An extension of the contract and an increase to its cap are necessary to keep these services viable for the next three fiscal years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
NEOGOV provides software services which enable paperless processing of applications, new hire documents, and training materials.

RATIONALE FOR RECOMMENDATION
Services through NEOGOV are essential for recruitment operations which include processing job applications, administering candidate assessments and examinations, establishing eligible lists, certifying lists to City departments to fill vacancies, and conducting mandatory and developmental training. NEOGOV was selected from nine respondents and has provided excellent services to the city since 2007.

ALTERNATIVE ACTIONS CONSIDERED
A three-year agreement allows the city to lock in a rate at the current annual price. An alternative is to extend the contract for one year at a time, at the risk of paying more per fiscal year.

CONTACT PERSON
Monica Walker, Interim Human Resources Director, 510-981-6818 Attachments:

1. Resolution

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

CONTRACT NO. 32400192 AMENDMENT: GOVERNMENTJOBS.COM (DBA

NEOGOV) FOR ONLINE DATA MANAGEMENT SERVICES
WHEREAS, the Human Resources Department is responsible for recruiting, receiving and processing job applications, administering candidate assessments and examinations, establishing employment eligible lists, certifying lists to City departments and conducting mandatory training; and
WHEREAS, the City issued a request for proposal (RFP) for an integrated web-based job applicant tracking system and service and responses were evaluated by a selection committee from the Human Resources department and Information Technology Department; and
WHEREAS, the selection committee selected NEOGOV from the nine respondents as the most qualified vendor capable of providing the system and services to manage the hiring process lifecycle and manage mandatory training; and WHEREAS, the work is still in progress and essential to keep up with the City’s hiring and training needs; and
WHEREAS, the funds in an amount not to exceed $108,884.79 will be made available in fiscal years 2025, 2026, and 2027 under budget codes 011-34-342-000-0000-000-412- 612990 and 146-34-345-000-0000-000-412-634110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with NEOGOV for a job applicant tracking system and service with training modules in an amount not to exceed $108,884.79 across three fiscal years, 2025, 2026, and 2027.

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

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Department of Parks, Recreation, and Waterfront Subject: Reject All Bids and Re-Scope and Re-Bid the Work Associated with South Cove West Lot Repaving Project

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for South Cove West Lot Repaving Project, Specification No. 25-11687-C;

2. Rejecting all bids for the work associated with the South Cove West Lot Repaving Project (Bid Specification No. 25-11687-C); and

3. Authorizing the City Manager to direct staff to re-scope and re-bid the work associated with the South Cove West Lot Repaving Project.

FISCAL IMPACTS OF RECOMMENDATION
Additional staff and consultant time will be required to re-scope and re-bid the work to complete the project. Staff believes this will result in lower overall project construction costs. There are no fiscal impacts due to construction until a contract is negotiated and approved by City Council.

CURRENT SITUATION AND ITS EFFECTS
South Cove West Lot Repaving Project (Project) is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The City conducted a competitive Invitation For Bid (IFB) process in March, 2025, and opened bids on March 27, 2025. The City received 6 bids from a low bid of $2,264,332.70 to a high bid $4,095,849 for the base bid work. Terocons, Inc. was the apparent low bidder. Terocons, Inc.’s base bid of $2,264,332.70 is almost 30% over the City’s estimate. Terocons, Inc.’s base bid exceeds the available budget for the project.

Staff recommends that Council reject all bids and authorize the City Manager to direct staff to re-scope and re-bid the project to reflect available funding.

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Reject All Bids and Re-Scope and Re-bid the CONSENT CALENDAR South Cove West Lot Repaving Project May 6, 2025

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This project is one of four projects which are partially funded by State Coastal Commission (SCC) funds. The City has incurred expenses for the design of the project utilizing the Marina Fund and General Fund. SCC funds that are available for construction may only be reimbursed at the completion of the project

BACKGROUND
The South Cove West Parking Lot is a City-owned lot on state tidelands located on the south side of University Ave at the Berkeley Waterfront, with approximately 80 parking spaces for passenger vehicles. The gravel parking lot is adjacent to two non-profit sailing clubs (Cal Sailing Club and Cal Adventures) that provide a wide range of low- cost, free, volunteer-related, and summer camp activities along the shoreline for the general public, typically serving over 35,000 people per year. In addition, the parking lot serves the general public who visit the Berkeley Waterfront to access the waters of the Bay for sailing, windsurfing, kayaking, swimming, fishing, sight-seeing, visiting restaurants, and general outdoor recreation. The Berkeley Waterfront sees up to 300,000 person visits per year, and the parking lot is one of ten public lots that accommodate the visiting public.

The South Cove West Parking Lot is a key staging area at the Berkeley Waterfront for the general public for equitable access to the shoreline of the San Francisco Bay waters. It was originally constructed in the early 1970’s when the current layout of the Berkeley Waterfront was developed. By the 1990’s, the asphalt surfacing had deteriorated into a badly-rutted uneven surface consisting of gravel and soil with no ADA accessible features. In addition, the original parking lot never had a formal stormwater drainage system that meets current stormwater requirements; as a result, it ponds badly during winter storms and untreated stormwater drains directly to the Bay, and it becomes a huge dust bowl during summer months creating bad local air quality, and vehicles often track gravel onto nearby University Ave and the South Cove East Parking Lot (newly-renovated) causing accelerated deterioration of those asphalt surfaces. This free public resource that provides enhanced equitable access to the waters of San Francisco Bay is in desperate need of renovation.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) permit for the project.

RATIONALE FOR RECOMMENDATION
The City is not able to accept the lowest bid because it exceeds the City’s available budget for the project. The City does not have the in-house labor or equipment resources to complete this renovation project.

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Reject All Bids and Re-Scope and Re-bid the CONSENT CALENDAR South Cove West Lot Repaving Project May 6, 2025

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ALTERNATIVE ACTIONS CONSIDERED
The City can suspend the project indefinitely. This action is not recommended because the City would lose the State Coastal Conservancy grant funding allocated to this project.

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution

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

REJECT ALL BIDS AND DIRECT STAFF TO RE-SCOPE AND RE-BID THE WORK

ASSOCIATED WITH THE SOUTH COVE WEST LOT REPAVING PROJECT WHEREAS, the South Cove West Parking Lot is a key staging point for the Berkeley Waterfront, serving the general public, two non-profit sailing clubs, and Adventure Playground; and
WHEREAS, the pavement condition at the parking lot has deteriorated significantly over recent decades, causing untreated stormwater to drain directly to the Bay, bad air quality due to airborne dust particles, and a poor driving condition with no ADA accessible features; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, the City conducted a competitive Invitation For Bid (IFB) process in March, 2025, and opened bids on March 27, 2025. The City received six bids, the lowest being from Terocons, Inc. at almost 30% over the engineer’s estimate; and WHEREAS, the lowest bid exceeded the City’s available budget for the project.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specification No. 25-11687-C for the South Cove West Lot Repaving Project are approved.

BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the all bids are rejected; and the City Manager is authorized to direct staff to re-scope and re-bid the project.

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

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contract No. 32200042 Amendment: WCG, Inc. for updates to the BESO program’s Salesforce software system

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200042 with WCG, Inc., to update the Building Emissions Saving Ordinance (BESO) program’s Salesforce software system, to implement amendments to BESO, for an additional amount of $100,000, for a total contract amount not to exceed $124,750, and extending the term through December 31, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the additional scope of work in the amount of $100,000 will be provided from the Permit Service Center Fund, budget code 621-53-583-611-0000-000-472-612990-.

CURRENT SITUATION AND ITS EFFECTS
The proposed contract amendment increases the contract authority, from $24,750 to $124,750 and extends the timeline of the existing contract with WCG, Inc. to December 31, 2027. This contract amendment will allow WCG, Inc. to upgrade the BESO program’s Salesforce database and public portal to accommodate the new time of sale requirements, which will go into effect January 1, 2026. City Council adopted the second reading of proposed amendments to BESO on April 15, 2025.

The amendments to BESO established a flexible resilience standard that will require owners of small (one-to-four-unit) residential buildings to complete upgrades, from a menu of options, when a property is sold. For homes that have not met compliance with BESO prior to sale, a $5,000 escrow deposit is required to help the buyer complete the upgrades. These amendments require that the BESO compliance database and public- facing portal be updated to:
 Track incoming escrow deposits and refund payments
 Issue new Compliance Certificates
 Collect verification information on completed upgrade measures  Reflect updated BESO fees and processes

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Amend WCG contract for BESO program Salesforce software CONSENT CALENDAR May 6, 2025

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Staff does not have the technical ability to update the BESO program’s Salesforce experience site (also known as the BESO portal). Updates are needed to implement the new time of sale requirements and facilitate a smooth sales process.

Amending this contract supports the Strategic Plan Priority to be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community.

BACKGROUND
The BESO utilizes Salesforce as its main database and software system. In 2020, through a previous contract, a Salesforce software developer built a public portal for building owners to submit BESO applications, pay filing fees, and retrieve compliance documents. Since its launch, the BESO portal has significantly improved customer service and decreased staff time needed to implement the program. The BESO portal allows sellers, buyers, and real estate professionals to look up real time compliance information on each property and download disclosure documents and BESO compliance forms.

In 2021, the City of Berkeley entered into a contract with WCG, Inc. to provide as- needed technical support to maintain BESO’s Salesforce database and implement future enhancements. The existing contract No. 32200042 has a not-to-exceed amount of $24,750 and expires on August 1, 2025. Under the current contact, WCG, Inc. has provided several critical enhancements to the portal to increase usability and fix technical bugs. WCG, Inc. has worked with the City over the last three years and is familiar with the BESO program and its needs. They are well suited to make the additional upgrades needed to the portal and back-end processing resulting from the new Council-approved BESO time of sale requirements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract amendment will help the Office of Energy and Sustainable Development implement the new BESO time of sale requirements that go into effect on January 1, 2026. This will advance the City’s climate and resilience goals through the effective implementation of BESO, which will reduce building greenhouse gas emissions and improve the resilience of small residential buildings by requiring these buildings to complete resilience and decarbonization upgrades when sold, if compliance hasn’t already been met.

RATIONALE FOR RECOMMENDATION
The additional funding and extension of the current contract to December 31, 2027, will ensure that staff are able to effectively implement the BESO amendments passed by City Council. Staff included these one-time costs to upgrade BESO’s compliance software when the amendments were presented to Council earlier this year.

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Amend WCG contract for BESO program Salesforce software CONSENT CALENDAR May 6, 2025

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ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Ammon Reagan, Community Services Specialist II, Office of Energy & Sustainable Development, 510-981-7416
Sarah Moore, Manager, Office of Energy & Sustainable Development, 510-981-7497 Attachments:
1: Resolution

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

CONTRACT NO. 32200042 AMENDMENT: WCG, INC. FOR UPDATES TO THE BESO PROGRAM’S SALESFORCE SOFTWARE SYSTEM
WHEREAS, on February 25, 2015, Berkeley City Council replaced the Residential and Commercial Energy Conservation Ordinances (RECO and CECO) with the Building Emissions Saving Ordinance (BESO), Berkeley Municipal Code Chapter 19.81; and WHEREAS, on December 1, 2020, Berkeley City Council amended BESO and included a directive for staff to develop upgrade requirements for future consideration; and WHEREAS, on March 25, 2025, Berkeley City Council adopted the first reading of the proposed amendments to BESO that establish a flexible resilience standard for one-to- four-unit residential buildings at time of sale; and
WHEREAS, additional updates are needed to BESO’s Salesforce database and public portal to effectively implement the new time of sale upgrade requirements and ensure a smooth sales process; and
WHEREAS, on July 9, 2021, the City entered into a contract (No. 32200042) with WCG, Inc. to provide as-needed ongoing maintenance support and future enhancements to the BESO program’s Salesforce database and public portal for an amount not to exceed $24,750; and
WHEREAS, City staff does not have the technical ability to update the BESO program’s public portal and WCG, Inc. has provided technical Salesforce development services in a reliable way to the City since 2021; and
WHEREAS, the additional funding and contract extension to December 31, 2027 will enable WCG, Inc. to update the BESO Program’s Salesforce database and public portal to implement the new time of sale requirements; and
WHEREAS, funds for the additional scope of work in the amount of $100,000 will be provided from the following funds: $20,000 from a budget referral, budget code 011-53- 583-611-0000-000-441-612990-, and $80,000 from the Permit Service Center Fund baseline budget, budget code 621-53-583-611-0000-000-472-612990-.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32200042 with WCG, Inc., to update the BESO Program’s Salesforce software system to implement the amendments to BESO, for an additional amount of $100,000, for a total contract amount not to exceed $124,750, and extending the term through December 31, 2027.

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

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 117441-1 Amendment: Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to paint red curbs at the approach to approximately 918 intersections to improve safety in compliance with California’s Daylighting Law (Assembly Bill 413, or AB 413). This contract amendment would increase the contract amount by $375,574.42, for a new contract amount not to exceed of $1,625,575.

FISCAL IMPACTS OF RECOMMENDATION
The total cost for painting red curbs at the approach to intersections to improve safety in compliance with California’s Daylighting Law is anticipated to cost up to $1,250,000.

The City has an existing on-call contract with Chrisp Company to provide traffic maintenance services in the City. This amendment would modify the City’s existing contract with Chrisp Company to increase the total contract amount by $375,575. This one-time funding is recommended to be included in the Fiscal Year 2025 budget process. Funding for this request would be made available from Measure BB – Local Streets and Roads (Fund 134). The budget may be augmented using Measure FF funds toward the end of 2025, once available.

Original contract amount $1,250,000
Remaining contract amount as of April 9, 2025 $992,600
Anticipated spend on baseline activities before contract expiration on October 26, 2025 (not including this
amendment)
$118,175
Proposed increase (this amendment) $375,574
Total New Contract Amount $1,625,575

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Amendment to Contract Number 117441-1 with Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413) CONSENT CALENDAR May 6, 2025

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CURRENT SITUATION AND ITS EFFECTS
Since 2020, Public Works has been incorporating daylighting, or the practice of prohibiting parking within 20 feet of the approach to an intersection to increase visibility, into the City's annual pavement rehabilitation program, Vision Zero and transportation capital projects, traffic calming initiatives, and general work orders. However, there was no legal requirement to prohibit parking in daylighting zones until AB 413 went into effect on January 1, 2024. Compliance with AB 413 is made easier by marking daylighting zones with 20 feet of red curb adjacent to the prohibited parking space to remove ambiguity for both drivers and Parking Enforcement Officers. As a result of ongoing project and programmatic work, some of the City’s 1,754 intersections already have 20 feet of red curb marked adjacent to the approach to intersections. However, the majority of intersections citywide are not marked, thus making compliance difficult for drivers and Parking Enforcement Officers.

Painting all daylighting zones citywide would remove subjectivity for drivers and Parking Enforcement Officers because the 20-foot daylighting distance would be marked, and drivers would not be left to estimate or measure the 20-foot distance.

Public Works has six Traffic Maintenance Workers who implement traffic calming initiatives and various work orders throughout the City. The Traffic Maintenance team is currently managing approximately 900 service requests. Given the team’s small size and extreme demand for their services, Traffic Maintenance is currently working through a backlog of requests. This team does not have capacity to implement daylighting at all 1,754 intersections in the City in addition to their ongoing workload. Although their capacity is limited, Public Works Traffic Maintenance has made progress, addressing approximately 90 intersections on high-injury streets between February 1 and April 11.

However, to accommodate daylighting, Traffic Maintenance had to shift priorities, causing additional delays to their service requests. Therefore, to expedite the marking of daylighting zones with red curb paint, it is prudent to utilize a vendor with whom the City currently has an on-call contract. This will allow Traffic Maintenance to resume addressing their existing service requests.

This recommendation's total project cost of $1,625,575 encompasses labor and materials for Chrisp Company to perform site assessments and apply red curb paint to all daylighting zones, citywide. Anticipated daylighting implementation would occur according to the following prioritization schedule:

Priority 1 (months 1-4)
 Survey Site
 Post site notification, as needed
 Deactivate and remove existing parking meters in daylighting zones on high- injury corridors

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Amendment to Contract Number 117441-1 with Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413) CONSENT CALENDAR May 6, 2025

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 Relocate accessible parking spaces (blue zones) that currently fall within zones to be daylit to the nearest compliant locations as required by law  Chrisp Company to paint red curbs at 918 prioritized intersections (refer to the map in Attachment 2 for the prioritized intersections).

Priority 2 (months 5-7)
 Survey site
 Post site notification, as needed
 Remove remaining parking meters not on high-injury streets from daylighting zones
 Chrisp Company to paint red curbs at remaining intersections citywide Priority 3 (as needed)
 Chrisp Company to implement preventative infrastructure where necessary, based on repeat violations. Preventative infrastructure will include bike corrals, painted no parking areas, flexible delineator posts, or boulders.

BACKGROUND
AB 413, California’s 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, regardless of whether a curb is marked red or not.

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.

On January 21, 2025, the City Manager received a referral from City Council titled, “Budget Referral: Curb Marking and Preventative Infrastructure Upgrades at High-Risk Intersections in Accordance with the New California Daylighting Law, AB 413.” The referral requested the City Manager allocate $1,250,000 to Public Works as part of the second amendment to the Fiscal Year 2025 Annual Appropriations Ordinance budget process to mark red curbs at daylighting zones and to implement preventative infrastructure where necessary to prevent vehicles from illegally parking.

Starting January 1, 2025, Parking Enforcement has been issuing warnings to vehicles parked within 20 feet of the approach to an intersection. Starting April 1, 2025, Parking

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Amendment to Contract Number 117441-1 with Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413) CONSENT CALENDAR May 6, 2025

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Enforcement will be issuing $64 fines for daylighting violations on most days of the year, and $96 fines on Cal Football game days, pursuant to Resolution No. 71,627-N.S. “Establishing a New Schedule for Parking Violations, Fines, and Late Payment Penalties; and Rescinding, Resolution No. 70,924-N.S.” (adopted December 10, 2024).

However, warnings will continue in unpainted red curbs as people continue to learn about AB 413 and repeat offenders in unpainted daylighting zones may find they are ticketed.

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
Authorizing Public Works’ on-call Traffic Maintenance contractor to paint red curbs and implement other preventative infrastructure would significantly accelerate the amount of time required to paint red curbs citywide to improve compliance with AB 413. Painting red curbs and implementing other preventative infrastructure within 20 feet of the approach to intersections would make it easier for drivers to understand the location of daylighting zones, and would streamline enforcement of AB 413 for Parking Enforcement Officers because they would not be expected to estimate or measure the 20-foot daylighting distance from a crosswalk.

ALTERNATIVE ACTIONS CONSIDERED
If this resolution is not approved, Public Works would continue to implement AB 413 over an extended period of time as part of the City's annual pavement rehabilitation program, Vision Zero and transportation capital projects, traffic calming initiatives, and general work orders. Delaying implementation would make it more difficult for drivers to avoid parking in prohibited areas and potentially lead to more citations.

CONTACT PERSON
Wahid Amiri, Deputy Public Works Director, Public Works, (510) 981-6396 Elliott Schwimmer, Senior Transportation Planner, Public Works, 510-981-7066 Attachments:
1: Resolution
2: Map of Prioritized Intersections

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

CONTRACT NO. 117441-1 AMENDMENT: CHRISP COMPANY TO PAINT RED CURBS TO IMPROVE COMPLIANCE WITH CALIFORNIA’S DAYLIGHTING LAW, AB 413 WHEREAS, California Assembly Bill 413 (AB 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; and WHEREAS, the City of Berkeley can begin issuing citations for violating section 22500(n) of the Vehicle Code starting January 1, 2025; and
WHEREAS, the Berkeley City Council has directed City staff to develop a comprehensive intersection daylighting policy; and
WHEREAS, the Berkeley City Council has directed the City Manager to provide Public Works with the necessary funds to mark curbs with red paint and implement other preventative infrastructure to improve compliance with AB 413; and WHEREAS, Public Works Staff has been painting red zones at the approach to intersections consistent with the spirit of AB 413 over a number of years as part of the City's annual pavement rehabilitation program, Vision Zero and transportation capital projects, traffic calming initiatives, and general work orders; and WHEREAS, Chrisp Company will support Public Works Staff to paint approximately 20 feet of red curb at all daylighting zones citywide, consistent with AB 413; and WHEREAS, funding is anticipated to be made available to Public Works as part of the second amendment to the Fiscal Year 2025 Annual Appropriations Ordinance budget process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 117441-1 with Chrisp Company to increase the contract amount by $375,575, for a new contract amount not to exceed $1,625,575.

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Commission on the Status of Women

CONSENT CALENDAR
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Commission on the Status of Women
Submitted By: Carole Marasovic, Chairperson, Commission on the Status of Women Subject: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees.

RECOMMENDATION
That Council refer to the City Manager to develop a procedure for all employers and employees doing business in Berkeley, whether public, private or nonprofit, to take the sexual harassment prevention online training as posted on the California Civil Rights Department website, conducted by a qualified trainer, as required by California SB 1343, on City premises and to provide certification of completion of training to be filed with the City.

That all employers doing business in Berkeley with 5 or more employees be provided with notice of the SB 1343 requirement to take sexual harassment prevention training every 2 years; the availability of free online training on the California Civil Rights Department website (formerly known as the California Department of Fair Employment and Housing) and the availability of the City of Berkeley online trainings if the employee is otherwise unable to access the online trainings.

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California SB 1343 Training CONSENT CALENDAR
May 6, 2025
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 That the City of Berkeley notice advise employers that the City of Berkeley requires them to produce documentation to the City of having otherwise taken and provided the training to employees by submitting written certification that they have taken the training as well as providing written certification from each employee who has taken the training as required by SB 1343.

That written certification provided by employers and employees who have otherwise taken the training must include the date the employer and employee took the training as required by SB 1343; the location where the training was otherwise taken; the mode of the training (live or video); and the name, address, phone number and e-mail address of the qualified trainer, under SB 1343, who provided the training. Each certification must be signed.

That the City of Berkeley maintain an online database of employer and employee compliance with SB 1343 with all the data as stated above recorded on the data base.

That the City Manager refer to the City Attorney to develop a procedure as to how employer non-compliance should be addressed.

FISCAL IMPACTS OF RECOMMENDATION
There are costs associated with the cost of sending out notices to all Berkeley employers with 5 employees or more. There are also costs associated with using premises and staffing. Staff are best informed as to advise of these costs.

CURRENT SITUATION AND ITS EFFECTS
On January 1, 2019, California SB 1343 went into effect. SB 1343 requires that all California employers with 5 or more employees provide sexual harassment prevention training to their employees every 2 years. Both supervisors and non-supervisors receive training with supervisors receiving 2 hours of training and non-supervisors receiving 1 hour of training.

Each employee must be retrained every 2 years. Employees who must be trained include full-time, part-time, and temporary employees. Migrant and seasonal agricultural workers must be trained. Temporary workers supplied through a temp agency must be trained by that agency.

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California SB 1343 Training CONSENT CALENDAR
May 6, 2025
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 Employees must receive sexual harassment prevention training within 6 months of the hire.

Seasonal employees, temporary employees not hired through a temp agency, and employees who work for less than 6 months must be trained within 30 days of hire, or within 100 hours worked, whichever comes first.

The California Civil Rights Department (formerly the California Department of Fair Employment and Housing) has oversight over SB 1343. However, enforcement only transpires if complaint triggered, frequently when a major sexual harassment violation has occurred. In consultation with administration at the California Civil Rights Department, the Commission Chair was advised that the agency was aware of that gap and that a local jurisdiction could choose to establish an enforcement procedure to insure compliance with SB 1343.

The California Civil Rights Department posts free online training. However, smaller employers may not have a location for employees to watch the online training on their premises. Some employees, particularly lower wage workers, may not have access to a computer at home to watch the online training.

BACKGROUND
On April 17, 2024, the Commission on the Status of Women voted as follows:

The Commission on the Status of Women moves to submit the recommendation for City of Berkeley enforcement of sexual harassment training, under SB 1343, as incorporated in this report.

M/S/C: Marasovic, Ortiz-Cedeno
Ayes: Goodwin, Marasovic, Oliver, Ortiz-Cedeno, Posey, Seshagiri Noes: None
Abstain:

Absent: Arora
Leave of Absence: Boyd, Plese

ENVIRONMENTAL SUSTAINABILITY
There are no known identifiable environmental effects.

RATIONALE FOR RECOMMENDATION
The intent of SB 1343 is to avoid workplace sexual harassment before it happens. Risk management through prevention is always preferable for employers and employees. When enforcement exclusively transpires based on the triggering of a complaint, a serious violation is likely to have already occurred.

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California SB 1343 Training CONSENT CALENDAR
May 6, 2025
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 A local jurisdiction can enact procedures that comply with state law. Advising employers of their obligations under state law and providing the required training protects the employer as well as the employee.

Requiring employers and employees to take the sexual harassment prevention training on City premises and certifying that they have taken it insures that the training transpired. The City frequently uses premises such as offices on Center Street, the Berkeley Adult School, and Senior Centers for exams, meetings and events. These settings can as easily be used for training videos.

Although there are a large number of employers with 5 employees or more in Berkeley, those employers who have already provided the training and who they and their employees can certify that they have taken the training and opt out of the training provided on City premises. This will serve to greatly reduce the number of employers and employees who must take the training on City premises.

Larger employers will generally only be impacted by the written certification process, necessary to show that SB 1343 has been honored in Berkeley.

Smaller employers, where sexual harassment violations frequently take place and are less likely to have provided the training, will benefit from the free online training on City premises.

These smaller employers may not have accessibility to a computer for their employees and may have employees who do not have online access at home.

Written certification with specified information works to guarantee compliance. A City online database insures transparency.

Sexual harassment prevention is an important issue in workplace rights. Laws unenforced are laws that are meaningless. Berkeley can be the leader in insuring that SB 1343 is fully enforced in its community. That can only be done by monitoring that the online training has been taken.

Within SB1343 is also the legally required posting of a poster regarding transgender rights.

The online training provided by the California Civil Rights Department includes training based on gender identity, gender expression and sexual orientation. The monitoring for compliance extends to these basic rights.

ALTERNATIVE ACTIONS CONSIDERED
The alternative would be only to provide the written certification process.

However, that would lead to less employers and employees, particularly smaller employers and lower wage workers, not taking the required sexual harassment training and a higher likelihood of sexual harassment in Berkeley workplaces.

These laws could be left to the State which only acts upon a complaint triggered and a violation investigated. Prevention is better for employers and employees in Berkeley.

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CITY MANAGER
See companion report.

CONTACT PERSON
Carole Marasovic, Chair, Commission on the Status of Women Okeya Vance-Dozier, Commission Secretary, City Manager’s Office, (510) 981-7239 Attachments:

1. SB 1343

2. California Civil Rights Department, Sexual Harassment Prevention Training for Employees

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Bill Text: CA SB1343 | 2017-2018 | Regular Session | Chaptered California Senate Bill 1343 (Prior Session Legislation) Bill Title: Employers: sexual harassment training: requirements.

Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State. Chapter 956, Statutes of 2018. [SB1343 Detail] Download: California-2017-SB1343-Chaptered.html
Senate Bill No. 1343
CHAPTER 956
An act to amend Sections 12950 and 12950.1 of the Government Code, relating to employment. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 1343, Mitchell. Employers: sexual harassment training: requirements.

The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer’s knowledge. The act requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment, abusive conduct, and harassment based upon gender, as specified, to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.

This bill would instead require an employer who employs 5 or more employees, including temporary or seasonal employees, to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified. The bill would require the Department of Fair Employment and Housing to develop or obtain 1-hour and 2-hour online training courses on the prevention of sexual harassment in the workplace, as specified, and to post the courses on the department’s Internet Web site. The bill would also require the department to make existing informational posters and fact sheets, as well as the online training courses regarding sexual harassment prevention, available to employers and to members of the public in specified alternate languages on the department’s Internet Web site.

Digest Key
Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: no Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 12950 of the Government Code is amended to read:
12950. In addition to employer responsibilities set forth in subdivisions (j) and (k) of Section 12940 and in rules adopted by the department and the council, every employer shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements:
(a) (1) The department’s poster on discrimination in employment shall include information relating to the illegality of sexual harassment. One copy of the poster shall be provided by the department to an employer or a member of the public upon request. The 5/4/24, 5:27 PM Bill Text: CA SB1343 | 2017-2018 | Regular Session | Chaptered | LegiScan https://legiscan.com/CA/text/SB1343/id/1821978 1/3
Attachment 1

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poster shall be available at each office of the department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. Each employer shall post the poster in a prominent and accessible location in the workplace. (2) Post a poster developed by the department regarding transgender rights in a prominent and accessible location in the workplace. (3) Provide sexual harassment training as required by Section 12950.1. (b) Each employer shall obtain from the department its information sheet on sexual harassment, which the department shall make available to employers for reproduction and distribution to employees. One copy of the information sheet shall be provided by the department to an employer or a member of the public upon request. The information sheets shall be available at each office of the department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. Each employer shall distribute this information sheet to its employees, unless the employer provides equivalent information to its employees that contains, at a minimum, components on the following:
(1) The illegality of sexual harassment.
(2) The definition of sexual harassment under applicable state and federal law. (3) A description of sexual harassment, utilizing examples. (4) The internal complaint process of the employer available to the employee. (5) The legal remedies and complaint process available through the department. (6) Directions on how to contact the department.
(7) The protection against retaliation provided by Title 2 of the California Code of Regulations for opposing the practices prohibited by this article or for filing a complaint with, or otherwise participating in an investigation, proceeding, or hearing conducted by, the department or the council.
(8) A link to, or the Internet Web site address for, the sexual harassment online training courses developed pursuant to Section 12950.1 and located on the Internet Web site of the Department of Fair Employment and Housing. (c) The information sheet or information required to be distributed to employees pursuant to subdivision (b) shall be delivered in a manner that ensures distribution to each employee, such as including the information sheet or information with an employee’s pay. (d) The Department of Fair Employment and Housing shall make the poster, fact sheet, and online training courses available in English, Spanish, Simplified Chinese, Tagalog, Vietnamese, Korean, and any other language that is spoken by a “substantial number of non- English-speaking people,” as that phrase is defined in Section 7296.2. The department shall make versions of the online training courses with subtitles in each language and shall orally dub the online training courses into each language other than English.

Simplified Chinese shall be sufficient for subtitling purposes. (e) The department shall make the poster, fact sheet, and online training courses required by this section, and the corresponding translations, available to employers and to the public through its Internet Web site in formats that may be streamed or downloaded. (f) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the information sheet or information required to be distributed pursuant to this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.
(g) If an employer violates the requirements of this section, the department may seek an order requiring the employer to comply with these requirements.

SEC. 2. Section 12950.1 of the Government Code is amended to read:
12950.1. (a) By January 1, 2020, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California within six months of their assumption of a position. An employer may provide this training in conjunction with other training provided to the employees. The training may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the applicable hourly total requirement is met. An employer who has provided this training and education to an employee after January 1, 2019, is not required to provide training and education by the January 1, 2020, deadline. After January 1, 2020, each employer covered by this section shall provide sexual harassment training and education to each employee in California once every two years. The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.

The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion.
(b) An employer shall also include prevention of abusive conduct as a component of the training and education specified in subdivision (a).
5/4/24, 5:27 PM Bill Text: CA SB1343 | 2017-2018 | Regular Session | Chaptered | LegiScan https://legiscan.com/CA/text/SB1343/id/1821978 2/3
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(c) An employer shall also provide training inclusive of harassment based on gender identity, gender expression, and sexual orientation as a component of the training and education specified in subdivision (a). The training and education shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation, and shall be presented by trainers or educators with knowledge and expertise in those areas.
(d) The state shall incorporate the training required by subdivisions (a) to (c), inclusive, into the 80 hours of training provided to all new employees pursuant to subdivision (b) of Section 19995.4, using existing resources. (e) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the training and education required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant. (f) If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements. (g) The training and education required by this section is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination. This section shall not be construed to override or supersede statutes, including, but not limited to, Section 1684 of the Labor Code, that meet or exceed the training for nonsupervisory employees required under this section. (h) (1) Beginning January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. In the case of a temporary employee employed by a temporary services employer, as defined in Section 201.3 of the Labor Code, to perform services for clients, the training shall be provided by the temporary services employer, not the client. (2) Beginning January 1, 2020, sexual harassment prevention training for migrant and seasonal agricultural workers, as defined in the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801, et seq.), shall be consistent with training for nonsupervisory employees pursuant to paragraph (8) of subdivision (a) of Section 1684 of the Labor Code. (i) (1) For purposes of this section only, “employer” means any person regularly employing five or more persons or regularly receiving the services of five or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. (2) For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious. (j) For purposes of providing training to employees as required by this section, an employer may develop his or her own training module or may direct employees to view the online training course referenced in subdivision (k) and this shall be deemed to have complied with and satisfied the employers’ obligations as set forth in this section and Section 12950. (k) The Department of Fair Employment and Housing shall develop or obtain two online training courses on the prevention of sexual harassment in the workplace in accordance with the provisions of this section. The course for nonsupervisory employees shall be one hour in length and the course for supervisory employees shall be two hours in length. (l) The department shall make the online training courses available on its Internet Web site. The online training courses shall contain an interactive feature that requires the viewer to respond to a question periodically in order for the online training courses to continue to play. Any questions resulting from the online training course described in this subdivision shall be directed to the trainee’s employer’s Human Resources Department or equally qualified professional rather than the department. 5/4/24, 5:27 PM Bill Text: CA SB1343 | 2017-2018 | Regular Session | Chaptered | LegiScan https://legiscan.com/CA/text/SB1343/id/1821978 3/3
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Sexual Harassment Prevention Training –
Landing page
5/4/24, 5:28 PM Sexual Harassment Prevention Training – Landing page | CRD https://calcivilrights.ca.gov/shpt/ 1/4
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blank. Please see content
on next two page
s.

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Before You Start: Technology
The training can be taken on a computer or mobile device.

The training should be taken on the most up-to-date version of your operating system and browser. CRD cannot
guarantee that the training will run successfully on operating systems or browsers that are not up to date and cannot offer technical support if the training is taken on out-of-date systems/browsers.

The training is compatible with the newest version of the following systems:

Windows 10 or 11: Microsoft Edge, Google Chrome
Mac OS 14.X: Safari, Google Chrome
Mobile: Safari in Apple iOS/iPadOS, Google Chrome in
Apple iOS/iPadOS, Google Chrome in Android OS 6 or
later
Before You Start: How to Successfully Complete the
Training
Some slides may take longer than others to load. If the training appears stuck on a slide or will not advance, it may be a temporary delay. You may also try refreshing or
reloading the page.

Obtaining your certificate of completion
At the end of the training, you will be prompted to enter information to generate a certificate of completion. Using computer/mobile device functions, you can choose to
save, print, take a screenshot, or take a photo of the
certificate. Before you begin the training, please consult your employer for direction on if/how they prefer to
receive the certificate. CRD cannot email you a
replacement certificate.

Please report technical issues to
[email protected].
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Limitations on Use
CRD's trainings may not be duplicated, reproduced,
distributed, or ingested into a third-party system such as employers' e-learning platforms. The trainings contain
materials licensed only to CRD. CRD anticipates updating these trainings from time to time to account for legal and policy developments.

Accessibility
The trainings are available in English, Spanish, Korean, Chinese, Vietnamese, and Tagalog.

You may choose to turn closed captioning on or off in any version.

There is alt-text for the images and the icons.

Additional Information
For more information about the requirements of the law, please see Government Code section 12950.1.

CRD has created Frequently Asked Questions for both
employees and employers about their responsibilities under the law. Please visit the following pages to learn more:

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

CONSENT CALENDAR
MAY 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David White, Deputy City Manager
Subject: Companion Report: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
RECOMMENDATION:

Since the City is already implementing and meeting the Commission’s recommendations for City employees, and enforcement of this law for non-City businesses for 5 or more employees is covered by the State of California’s Civil Rights Department and not within the City’s jurisdiction to enforce, no action on the commission’s recommendation is recommended.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with this recommendation.

CURRENT SITUATION AND ITS EFFECTS:

The Commission on the Status of Women has recommended that Council refer to the City Manager the implementation of SB 1343 for all employers with 5 or more employees within the City of Berkeley, including the City itself. Critically, it is neither the City of Berkeley’s responsibility nor jurisdiction to enforce this law; that is the purview of the California Civil Rights Department.

The City of Berkeley is responsible for ensuring the necessary sexual harassment prevention training for City employees. Per the City’s Human Resources Department, for the most recent compliance year (2023), every City department notched training completion rates above 95%, and nine departments achieved 100% compliance. The same training will be provided in calendar year 2025, with similar completion rates anticipated.

For these reasons, we respectfully recommend that Council take no action on the Commission’s recommendation.

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Public
Companion Report: CA SB 1343 Training CONSENT CALENDAR
May 6, 2025

ENVIRONMENTAL SUSTAINABILITY
There are no environmental benefits nor challenges associated with this recommendation.

BACKGROUND
On April 17, 2024, the Commission on the Status of Women voted as follows:

The Commission on the Status of Women moves to submit the recommendation for City of Berkeley enforcement of sexual harassment training, under SB 1343, as incorporated in this report.

M/S/C: Marasovic, Ortiz-Cedeno
Ayes: Goodwin, Marasovic, Oliver, Ortiz-Cedeno, Posey, Seshagiri Noes: None
Abstain: None

Absent: Arora
Leave of Absence: Boyd, Plese

RATIONALE FOR RECOMMENDATION
The City is currently implementing this law for its own employees. Enforcing it for non- City employers is the State’s jurisdiction.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dave White, Deputy City Manager, (510) 981-7014.

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

PUBLIC HEARING
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Modification and Adoption of Berkeley Fire Code Local Amendments

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt the second reading of Ordinance No. 7,959-N.S. (Attachment 1) which proposes to amend certain portions of Section

19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).

FISCAL IMPACTS OF RECOMMENDATION
The proposed Fire Code modifications will require a substantial investment of City staff time and resources for implementation. Key tasks will include updating all public-facing documents and web content, modifying the City’s inspection software, revising inspection guides and forms, public education and messaging, and conducting staff training to align with the updated code.

Additionally, significant expenditures are anticipated within the city’s Wildland Urban Interface (WUI) program to support the implementation and operationalization of these changes. The following WUI-related costs are projected for FY26 and are expected to support fire prevention, inspection, public engagement, and vegetation management efforts associated with the code modifications:
 Personnel Salary and Benefits: $1,495,000
 Vegetation Management Program: $1,000,000
 Resident Assistance Program: $1,000,000
 Safe Passages Program: $200,000
 Public Education/Marketing: $50,000
 Vehicle Maintenance & Replacement: $ 33,415
Collectively, the total projected expenditure associated with WUI initiatives amounts to $3,778,415. All of these funds are budgeted within he Fire Department’s baseline budget – there are no new funding request at this time.

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Modification and Adoption of Berkeley Fire Code Local Amendments PUBLIC HEARING May 6, 2025

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CURRENT SITUATION AND ITS EFFECTS
On April 15, 2025 the City Council voted 9-0 to adopt the first reading of the “Modification and Adoption of Berkeley Fire Code Local Amendments” and scheduled the public hearing for May 6, 2025.

BACKGROUND
The Berkeley City Council unanimously declared wildfire prevention and safety a top priority on October 15, 2019. This declaration helped establish this issue as one of the key priorities of the 2020 Measure FF tax.

On December 6, 2022 the Berkeley City Council adopted the current edition of the Berkeley Fire Code (BFC), which was based on the State of California adoption of the 2022 California Fire Code.

On June 4, 2024 the City Council adopted mid-cycle amendments that were issued by the State of California to the 2022 California Fire Code. These new amendments took effect on July 1, 2024.

On February 11, 2025 at a Special Meeting, the Council referred the following proposals to Staff; (1) Create a new Fire Zone within the Fire Code to include – at minimum - the areas between Wildcat Canyon Rd. to the east, Grizzly Peak Blvd to the west, and the Berkeley City Limits to the south and north; and (2) Repeal the Berkeley Fire Code (BMC Chapter 19.48) and reenact BMC Chapter 19.48 to include an Ember Resistant Zone (Zone 0) and other defensible space best practices and schedule a Public Hearing for the first reading on April 15, 2025 pursuant to state law.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Wildfires that transition to a structure-to-structure conflagration have acute and far- reaching consequences, not only for the environment and climate but also for the stability and well-being of impacted communities. These fires release large amounts of pollutants into the air, including soot and carbon dioxide, which contribute to climate change and degrade air quality. Additionally, toxic byproducts from burning structures, vehicles, and other synthetic material can pose significant health risks to residents and responders.

The water used to combat these fires is often sourced from the city's potable water supply. Once used, it can become contaminated with chemicals, ash, and debris, potentially polluting groundwater and local waterways.

The destruction of homes, businesses, and critical infrastructure leads to substantial economic burdens that jeopardize the financial stability of impacted communities.

Rebuilding efforts require significant financial investment, as well as the production, transportation, and installation of new materials—all of which generate additional emissions. For individual residents, the loss of a home or business can lead to long- term financial instability, displacement, and increased insurance costs.

Beyond the physical and financial toll, these disasters leave lasting emotional and psychological scars on affected communities. Residents may experience trauma, anxiety, and grief, particularly when lives are lost, homes are destroyed, or

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Modification and Adoption of Berkeley Fire Code Local Amendments PUBLIC HEARING May 6, 2025

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neighborhoods are permanently altered. The social fabric of a community can be disrupted as families and businesses struggle to recover, sometimes forcing relocation and reducing neighborhood cohesion.

Investing in a strong fire code is one tool the city uses to reduce the frequency and severity of fires. Effective fire prevention also contributes to environmental sustainability by reducing emissions, preserving water resources, and minimizing the need for costly rebuilding efforts. A commitment to strong fire safety regulations ultimately benefits the entire community—protecting public health, safeguarding financial resources, and ensuring a resilient and sustainable future.

RATIONALE FOR RECOMMENDATION
A city, county, or city and county may establish more restrictive building standards as reasonably necessary because of local climatic, geological or topographical conditions.

The City’s adoption of stringent fuel mitigation and exterior hazard abatement standards is designed to decrease the risk of structure fires spreading to adjacent vegetation and the risk of vegetation fires spreading to structures. The Council bases these standards, in part, upon its finding that the climatic, vegetative, geological, and topographical conditions within the City create a grave risk of wildfire and resulting loss of life and property.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief (510) 981-3473
Attachments:
1: Ordinance – “Amendment of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to The California Fire Code”)”
2: Public Hearing Notice – May 6, 2025

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Berkeley City CouncilMay 6, 2025

Berkeley City Council
May 6, 2025